Project schedule are changes that will not extend the term of this Grant agreement. Requests for nonmaterial changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State’s Program Manager in writing.
D.26. NONDISCRIMINATION: During the performance of this Grant agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital/domestic partner status, and denial of medical and family care leave or pregnancy disability leave. Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing are incorporated into this Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Grant agreement.
D.27. OPINIONS AND DETERMINATIONS: Where the terms of this Grant agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.
D.28. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.)
D.29. PRIORITY HIRING CONSIDERATIONS: If this Grant agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Grant agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.
D.30. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Grantee’s service of water, without prior permission of State.
Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee meet its obligations under this Grant agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.
D.31. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.
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D.32. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State. The State will notify the Grantee stating that the Project file is closed and any remaining balance will be disencumbered and unavailable for further use under this Grant Agreement.
D.33. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Grant agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.
D.34. RETENTION: The State shall withhold ten percent (10%) of the funds, for each Project, until the Project is complete, and a Final Project Report is approved and accepted by DWR. If a Project has multiple Components (within a Project), at the State's discretion and upon a written request by the Grantee, any retained amount attributable to a single component may be released when that component is complete and the Final Component Completion Report is approved. Upon approval of the Final Project Report and/or Final Component Completion Report, any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest.
D.35. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Grant agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov.
Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Grant agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose.
D.36. SEVERABILITY: Should any portion of this Grant agreement be determined to be void or unenforceable, such shall be severed from the whole and the Grant agreement shall continue as modified.
D.37. SUSPENSION OF PAYMENTS: This Grant agreement may be subject to suspension of payments or termination, or both if the State determines that:
A. Grantee, its contractors, or subcontractors have made a false certification, or B. Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Grant agreement.
D.38. SUCCESSORS AND ASSIGNS: This Grant agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Grant agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.
D.39. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date.
D.40. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 10, “Default Provisions,” the State may terminate this Grant agreement and be relieved of any payments should Grantee fail to perform the requirements of this Grant agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 10, “Default Provisions.” DocuSign Envelope ID: 84CD4F20-2050-467E-ADF0-E313858D6B93 530
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D.41. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days’ advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination.
D.42. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.
D.43. TIMELINESS: Time is of the essence in this Grant Agreement.
D.44. TRAVEL : Only ground transportation and lodging are eligible for grant reimbursement. Per diem costs will not be eligible for grant reimbursement. Any reimbursement for necessary travel shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at: http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred. No travel outside of the Project sponsor’s service area shall be reimbursed unless prior written authorization is obtained from the State.
D.45. UNION ORGANIZING: Grantee, by signing this Grant agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Grant Agreement.
Furthermore, Grantee, by signing this Grant Agreement, hereby certifies that:
A. No State funds disbursed by this Grant agreement will be used to assist, promote, or deter union organizing.
B. Grantee shall account for State funds disbursed for a specific expenditure by this Grant agreement to show those funds were allocated to that expenditure.
C. Grantee shall, where State funds are not designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program.
D. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no State funds were used for those expenditures and that Grantee shall provide those records to the Attorney General upon request.
D.46. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement.
D.47. WAIVER OF RIGHTS: None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Grant agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Grant agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.
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EXHIBIT E
AUTHORIZING RESOLUTION
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EXHIBIT F
REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format.
PROGRESS REPORTS
Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information. For each Project, discuss the following at the task level, as organized in Exhibit A:
• Percent complete (by work)
• Discussion of work accomplished during the reporting period. • Milestones or deliverables completed/submitted during the reporting period. • Meetings held or attended.
• Scheduling concerns and issues encountered that may delay completion of the task.
For each Project, discuss the following at the Project level, as organized in Exhibit A:
• Work anticipated for the next reporting period.
• Photo documentation, as appropriate.
• Budget Projections for grant share for the next two quarters • Any schedule or budget modifications approved by DWR during the reporting period.
PROJECT COMPLETION REPORT
The Project Completion Report (or a Component Completion Report, if a Project has multiple Components) shall generally use the following format provided below for each Project after completion.
Executive Summary
The Executive Summary should include a brief summary of Project information and include the following items:
• Brief description of work proposed to be done in the original Grant application. • List any official amendments to this Grant Agreement, with a short description of the amendment.
Reports and/or Products
The following items should be provided, unless already submitted as a deliverable:
• A copy of any final technical report or study, produced for or utilized in this Project as described in the Exhibit A
• Electronic copies of any data collected, not previously submitted • Discussion of problems that occurred during the work and how those problems were resolved • Final Project schedule showing actual progress versus planned progress as shown in Exhibit C Additional information that may be applicable for implementation Projects includes the following:
• Record drawings
• Final geodetic survey information
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• Project photos
Cost & Disposition of Funds
A list showing:
• Summary of Project costs including the following items:
o Accounting of the cost of Project expenditure;
o Include all internal and external costs not previously disclosed (i.e., additional cost share); and o A discussion of factors that positively or negatively affected the Project cost and any deviation from the original Project cost estimate.
Additional Information
• Benefits derived from the Project, with quantification of such benefits provided. • If applicable, Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), consistent with Exhibit D, that the Project was conducted in accordance with the approved Work Plan in Exhibit A and any approved amendments thereto. • Submittal schedule for the Post-Performance Report.
GRANT COMPLETION REPORT
The Grant Completion Report shall generally use the following format. This format may be modified as necessary to effectively communicate information on the various Projects funded by this Grant Agreement, and includes the following:
• Executive Summary: consisting of a maximum of ten (10) pages summarizing information for the grant as well as the individual Projects.
• Brief discussion whether the level, type, or magnitude of benefits of each Project are comparable to the original Project proposal; any remaining work to be completed and mechanism for their implementation; and a summary of final funds disbursement for each Project.
Additional Information: Summary of the submittal schedule for the Post-Performance Reports applicable for the Projects in this Grant Agreement.
POST-PERFORMANCE REPORT
The Post-Performance Report (PPR) should be concise and focus on how each Project is performing compared to its expected performance; whether the Project is being operated and maintained and providing intended benefits as proposed. A PPR template may be provided by the assigned DWR Grant Manager upon request. The PPR should follow the general format of the template and provide requested information as applicable. The following information, at a minimum, shall be provided:
Reports and/or products
• Header including the following:
o Grantee Name
o Implementing Agency (if different from Grantee)
o Grant Agreement Number
o Project Name
o Funding grant source
o Report number
• Post-Performance Report schedule
• Time period of the annual report (e.g., January 2018 through December 2018) DocuSign Envelope ID: 84CD4F20-2050-467E-ADF0-E313858D6B93 536
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• Project Description Summary
• Discussion of the Project benefits
• An assessment of any differences between the expected versus actual Project benefits as stated in the original application. Where applicable, the reporting should include quantitative metrics (e.g., new acrefeet of water produced that year, etc.). • Summary of any additional costs and/or benefits deriving from the Project since its completion, if applicable.
• Any additional information relevant to or generated by the continued operation of the Project.
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EXHIBIT G
REQUIREMENTS FOR DATA SUBMITTAL
Surface and Groundwater Quality Data:
Groundwater quality and ambient surface water quality monitoring data that include chemical, physical, or biological data shall be submitted to the State as described below, with a narrative description of data submittal activities included in Project reports.
Surface water quality monitoring data shall be prepared for submission to the California Environmental Data Exchange Network (CEDEN). The CEDEN data templates are available on the CEDEN website.
Inclusion of additional data elements described on the data templates is desirable. Data ready for submission should be uploaded to your CEDEN Regional Data Center via the CEDEN website. CEDEN website: http://www.ceden.org.
If a Project’s Work Plan contains a groundwater ambient monitoring element, groundwater quality monitoring data shall be submitted to the State for inclusion in the State Water Resources Control Board’s Groundwater Ambient Monitoring and Assessment (GAMA) Program Information on the GAMA Program can be obtained at: https://www.waterboards.ca.gov/water_issues/programs/gama/. If further information is required, the Grantee can contact the State Water Resources Control Board (SWRCB) GAMA Program.
A listing of SWRCB staff involved in the GAMA program can be found at:
https://www.waterboards.ca.gov/water_issues/programs/gama/contact.shtml.
Groundwater Level Data
For each Project that collects groundwater level data, the Grantee will need to submit this data to DWR’s Water Data Library (WDL), with a narrative description of data submittal activities included in Project reports, as described in Exhibit F, “Report Formats and Requirements.” Information regarding the WDL and in what format to submit data in can be found at: http://www.water.ca.gov/waterdatalibrary/.
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EXHIBIT H
STATE AUDIT DOCUMENT REQUIREMENTS FOR THE GRANTEE
The following provides a list of documents typically required by State Auditors and general guidelines for the Grantee. List of documents pertains to both State funding and the Grantee’s Local Cost Share and details the documents/records that State Auditors would need to review in the event of this Grant Agreement is audited.
The Grantee should ensure that such records are maintained for each funded Project.
State Audit Document Requirements
Internal Controls
1. Organization chart (e.g., Agency’s overall organization chart and organization chart for the State funded Program/Project).
2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State reimbursement requests
d) Expenditure tracking of State funds
e) Guidelines, policy, and procedures on State funded Program/Project
3. Audit reports of the Agency internal control structure and/or financial statements within the last two years.
4. Prior audit reports on the State funded Program/Project.
State Funding:
1. Original Grant Agreement, any amendment(s) and budget modification documents.
2. A listing of all bond-funded grants, loans, or subventions received from the State.
3. A listing of all other funding sources for each Program/Project.
Contracts:
1. All subcontractor and consultant contracts and related or partners’ documents, if applicable.
2. Contracts between the Agency and member agencies as related to the State funded Program/Project.
Invoices:
1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Grant Agreement.
2. Documentation linking subcontractor invoices to State reimbursement, requests and related Grant Agreement budget line items.
3. Reimbursement requests submitted to the State for the Grant Agreement.
Cash Documents:
1. Receipts (copies of warrants) showing payments received from the State.
2. Deposit slips (or bank statements) showing deposit of the payments received from the State.
3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans.
4. Bank statements showing the deposit of the receipts.
Accounting Records:
1. Ledgers showing entries for funding receipts and cash disbursements.
2. Ledgers showing receipts and cash disbursement entries of other funding sources.
3. Bridging documents that tie the general ledger to requests for Grant Agreement reimbursement.
Administration Costs:
1. Supporting documents showing the calculation of administration costs.
Personnel:
1. List of all contractors and Agency staff that worked on the State funded Program/Project.
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2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged to the program
Project Files:
1. All supporting documentation maintained in the Project files.
2. All Grant Agreement related correspondence.
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EXHIBIT I
LOCAL PROJECT SPONSORS AND PROJECT LOCATIONS
The Grantee has assigned, for each Project, a Local Project Sponsor (LPS). LPSs may act on behalf of the Grantee for the purposes of individual Project management, oversight, compliance, and operations and maintenance. LPSs are identified for each sponsored Project below:
Local Project Sponsor Agency Designation
Sponsored Project: Banning Critical Well Relocation (M-12A) for Drought Relief Sponsor Agency: City of Banning
Agency Address: 99 E. Ramsey Street
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EXHIBIT J
APPRAISAL SPECIFICATIONS
For property acquisitions funded by this Grant Agreement, the Grantee shall submit an appraisal for review and approval by the Department of General Services or DWR’s Real Estate Branch prior to reimbursement or depositing State funds into an escrow account. This information should be submitted at least 90 days prior to a reimbursement request to account for review time. All appraisal reports, regardless of report format, shall include all applicable Appraisal Specifications below. Appraisals for a total compensation of $150,000 or more shall be reported as a Self-Contained Appraisal Report. Appraisals for a total compensation of less than $150,000 may be reported as a Summary Appraisal Report, which includes all information necessary to arrive at the appraiser’s conclusion. Appraisal Specifications 14, 16, 21, 23-25, and 28 shall be a narrative analysis regardless of the reporting format.
1. Title page with sufficient identification of appraisal assignment.
2. Letter of transmittal summarizing important assumptions and conclusions, value estimate, date of value and date of report.
3. Table of contents.
4. Assumptions and Limiting Conditions, Extraordinary Assumptions, and Hypothetical Conditions as needed.
5. Description of the scope of work, including the extent of data collection and limitations, if any, in obtaining relevant data.
6. Definition of Fair Market Value, as defined by California Code of Civil Procedure, § 1263.320.
7. Photographs of subject property and comparable data, including significant physical features and the interior of structural improvements, if applicable.
8. Copies of Tax Assessor’s plat map with the subject marked along with all contiguous assessor’s parcels that depict the ownership.
9. A legal description of the subject property, if available.
10. For large, remote or inaccessible parcels, provide aerial photographs or topographical maps depicting the subject boundaries.
11. Three (3) year subject property history, including sales, listings, leases, options, zoning, applications for permits, or other documents or facts that might indicate or affect use or value.
12. Discussion of any current Agreement of Sale, option, or listing of subject property. This issue required increased diligence since state agencies often utilize non-profit organizations to quickly acquire sensitive habitat parcels using Option Agreements. However, due to confidentiality clauses, the terms of the Option are often not disclosed to the State. If the appraiser discovers evidence of an Option or the possible existence of an Option, and the terms cannot be disclosed due to a confidentiality clause, then the appraiser is to cease work and contact the client.
13. Regional, area, and neighborhood analyses. This information may be presented in a summary format.
14. Market conditions and trends including identification of the relevant market area, a discussion of supply and demand within the relevant market area, and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. This information may be presented in a summary format.
15. Discussion of subject land/site characteristics (size, topography, current use, elevations, zoning and land use issues, development entitlements, General Plan designation, utilities, offsite improvements, DocuSign Envelope ID: 84CD4F20-2050-467E-ADF0-E313858D6B93 542
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access, land features such as levees and creeks, offsite improvements, easements and encumbrances, covenants, conditions and restrictions, flood and earthquake information, toxic hazards, water rights, mineral rights, toxic hazards, taxes and assessments, etc.).
16. Description of subject improvements including all structures, square footage, physical age, type of construction, quality of construction, condition of improvements and/or identification of any permanent plantings. Discussion of construction cost methodology, costs included and excluded, accrued depreciation from all causes, remaining economic life, items of deferred maintenance and cost to cure, and incurable items. Construction cost data shall include cost data source, date of estimate or date of publication of cost manual, section and page reference of cost manual, copies of cost estimate if provided from another source, replacement or reproduction cost method used, and supporting calculations including worksheets or spreadsheets.
17. Subject property leasing and operating cost history, including all items of income and expense.
18. Analysis and conclusion of the larger parcel for partial taking appraisals. For partial taking appraisals, Appraisal Specifications generally apply to the larger parcel rather than an ownership where the larger parcel is not the entire ownership.
19. Include a copy of a recent preliminary title report (within the past year) as an appraisal exhibit. Discuss the title exceptions and analyze the effect of title exceptions on fair market value.
20. For appraisals of partial takings or easements, a detailed description of the taking or easement area including surface features and topography, easements, encumbrances or improvements including levees within the subject partial take or easement, and whether the take area is characteristic of the larger parcel. Any characteristics of the taking area, including existing pre-Project levees that render the take area different from the larger parcel shall be addressed in the valuation.
21. Opinion of highest and best use for the subject property, based on an in-depth analysis supporting the concluded use which includes the detail required by the complexity of the analysis. Such support typically requires a discussion of the four criteria of tests utilized to determine the highest and best use of a property. If alternative feasible uses exist, explain and support market, development, cash flow, and risk factors leading to an ultimate highest and best use decision.
22. All approaches to market value applicable to the property type and in the subject market. Explain and support the exclusion of any usual approaches to value.
23. Map(s) showing all comparable properties in relation to the subject property.
24. Photographs and plat maps of comparable properties.
25. In-depth discussion of comparable properties, similarities and differences compared to the subject property, adjustments to the comparable data, and discussion of the reliability and credibility of the data as it relates to the indicated subject property value. Improved comparable sales which are used to compare to vacant land subject properties shall include an allocation between land and improvements, using methodology similar to methodology used in item 16 above to estimate improvement value when possible, with an explanation of the methodology used.
26. Comparable data sheets.
a. For sales, include information on grantor/Grantee, sale/recordation dates, listed or asking price as of the date of sale, highest and best use, financing, conditions of sale, buyer motivation, sufficient location information (street address, post mile, and/or distance from local landmarks such as bridges, road intersections, structures, etc.), land/site characteristics, improvements, source of any allocation of sale price between land and improvements, and confirming source.
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b. For listings, also include marketing time from list date to effective date of the appraisal, original list price, changes in list price, broker feedback, if available. c. For leases, include significant information such as lessor/lessee, lease date and term, type of lease, rent and escalation, expenses, size of space leased, tenant improvement allowance, concessions, use restrictions, options, and confirming source. When comparing improved sales to a vacant land subject, the contributory value of the improvements shall be segregated from the land value.
27. For appraisals of easements, a before and after analysis of the burden of the easement on the fee, with attention to how the easement affects highest and best use in the after condition. An Easement Valuation Matrix or generalized easement valuation references may be used ONLY as a reference for a secondary basis of value.
28. For partial taking and easement appraisals, valuation of the remainder in the after condition and analysis and identification of any change in highest and best use or other characteristics in the after condition, to establish severance damages to the remainder in the after condition, and a discussion of special and general benefits, and cost to cure damages or construction contract work.
29. There are occasions where properties involve water rights, minerals, or salable timber that require separate valuations. If an appraisal assignment includes water rights, minerals, or merchantable timber that requires separate valuation, the valuation of the water rights, minerals, or merchantable timber shall be completed by a credentialed subject matter specialist.
30. For partial taking and easement appraisals, presentation of the valuation in California partial taking acquisition required format.
31. Implied dedication statement.
32. Reconciliation and final value estimate. Include analysis and comparison of the comparable sales to the subject, and explain and support conclusions reached.
33. Discussion of any departures taken in the development of the appraisal.
34. Signed Certification consistent with the language found in Uniform Standards of Professional Appraisal Practice.
35. If applicable, in addition to the above, appraisals of telecommunication sites shall also provide:
a. A discussion of market conditions and trends including identification of the relevant market, a discussion of supply and demand within the relevant market area and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. b. An analysis of other leases comparable to subject property. Factors to be discussed in the analysis include the latitude, longitude, type of tower, tower height, number of rack spaces, number of racks occupied, placement of racks, power source and adequacy, back-up power, vault and site improvements description and location on site, other utilities; access, and road maintenance costs.
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EXHIBIT K
INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE
The Grantee shall provide the following documents to the State Project Representative during the escrow process. Property acquisition escrow documents shall be submitted within the term of this Grant Agreement and after a qualified appraisal has been approved. • Name and Address of Title Company Handling the Escrow • Escrow Number
• Name of Escrow Officer
• Escrow Officer’s Phone Number
• Dollar Amount Needed to Close Escrow
• Legal Description of Property Being Acquired
• Assessor’s Parcel Number(s) of Property Being Acquired • Copy of Title Insurance Report
• Entity Taking Title as Named Insured on Title Insurance Policy • Copy of Escrow Instructions in Draft Form Prior to Recording for Review Purposes • Copy of Final Escrow Instructions
• Verification that all Encumbrances (i.e., Liens, Back Taxes, and Similar Obligations) have been Cleared Prior to Recording the Deed to Transfer Title
• Copy of Deed for Review Purposes Prior to Recording
• Copy of Deed as Recorded in County Recorder’s Office
• Copy of Escrow Closure Notice
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EXHIBIT L
PROJECT MONITORING PLAN GUIDANCE
Introduction
For each Project contained in Exhibit A, please include a brief description of the Project (maximum ~150 words) including Project location, implementation elements, need for the Project (what problem will the Project address) and responds to the requirements listed below.
Project Monitoring Plan Requirements
The Project Monitoring Plan shall contain responses to the following questions:
• What are the anticipated Project physical benefits?
• What are the corresponding numeric targets for each Project benefit? • How will proposed numeric targets be measured?
• What are baseline conditions?
• When will the targets be met (e.g., upon Project completion, five years after completion)? • How often will monitoring be undertaken (e.g., monthly, yearly). • Where are monitoring point locations (e.g., meter located at…, at stream mile…)? Include relevant maps.
• How will the Project be maintained (e.g., irrigation, pest management, weed abatement)? • What will be the frequency and duration of maintenance proposed activities? • Are there any special environmental considerations (e.g., resource agency requirements, permit requirements, CEQA/NEPA mitigation measures)?
• Who is responsible for collecting the samples (i.e., who is conducting monitoring and/or maintenance)?
• How, and to whom, will monitoring results be reported (e.g., paper reports, online databases, public meetings)?
• What adaptive management strategies will be employed if problems are encountered during routine monitoring or maintenance?
• What is the anticipated life of the Project?
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EXHIBIT M
INVOICE GUIDANCE FOR ADMINISTRATIVE AND OVERHEAD CHARGES The funds provided pursuant to this Agreement may only be used for costs that are directly related to the funded Project. The following provides a list of typical requirements for invoicing, specifically providing guidance on the appropriate methods for invoicing administrative and direct overhead charges.
Administration Charges
Indirect and General Overhead (i.e., indirect overhead) charges are not an allowable expense for reimbursement. However, administrative expenses that are apportioned directly to the Project are eligible for reimbursement. Cost such as rent, office supplies, fringe benefits, etc. can be “Direct Costs” and are eligible expenses as long as:
• There is a consistent, articulated method for how the costs are allocated that is submitted and approved by the Grant Manager. The allocation method must be fully documented for auditors. • A “fully-burdened labor rate” can be used to capture allowable administrative costs. • The administrative/overhead costs can never include:
o Non-Project specific personnel and accounting services performed within the Grantee or an LPS’ organization
o Generic markup
o Tuition
o Conference fees
o Building and equipment depreciation or use allowances • Using a general overhead percentage is never allowed
Labor Rates
The Grantee must provide DWR with supporting documentation for personnel hours (see personnel billing rates letter in example invoice packet). The personnel rate letter should be submitted to the DWR Grant Manager prior to submittal of the first invoice. The supporting documentation must include, at a minimum, employee classifications that will reimbursed by grant funds and the corresponding hourly rate range. These rates should be “burdened”; the burdened rate must be consistent with the Grantee’s/Local Project Sponsors standardized allocation methodology. The supporting documentation should also provide an explanation of what costs make up the burdened rate and how those costs were determined. This information will be used to compare against personnel hours summary table invoice back up documentation. Periodic updates may be needed during the life of the grant which would be handled through a revised billing rate letter.
DocuSign Envelope ID: 84CD4F20-2050-467E-ADF0-E313858D6B93 547
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer MEETING DATE: October 28, 2025
SUBJECT: Consideration of Resolution 2025-152 Approving a Professional Services Agreement with DTA for Development Impact Fee Auditing Services Related to Developer Credits for $250,000 for a 5-Year Term RECOMMENDATION:
Adopt Resolution 2025-152
BACKGROUND:
The City of Banning has adopted Development Impact Fees to identify and provide funding for the construction of public infrastructure and facilities throughout the City of Banning. The impact fees that are overseen by the Public Works Department are the Water Facilities, Wastewater Facilities, and Traffic impact fees. The fees are set based on a nexus study that identifies capital needs and specific capital projects necessary to accommodate the development of the City in accordance with the General Plan, and then distributes the costs based on the potential development throughout the City. Fees are assessed on new development within the City and collected in restricted funds for use in delivering capital projects included within the individual fee components.
Additionally, the Mitigation Fee Act does contain provisions that allow for developers to construct facilities identified in the nexus studies in lieu of paying fees to the City. This is accomplished through various methods, including Development Agreements, Reimbursement Agreements, and Credit Agreements. In order for the private developer to receive credit for the improvements, certain requirements must be met. These include compliance with State labor laws (prevailing wage), bidding and contracting, and local requirements and agreements.
To achieve this verification and compliance, City staff prepared a RFP for a municipal financial services company who would be able to review the agreements, state law, contracts, invoices, and other documents to make a determination of what developer incurred costs are eligible for credit and/or reimbursement. RFP-25-109 was opened on the City's OpenGov Procurement portal on August 8, 2025 and closed on September 17, 2025. Only one firm proposed on the work. An evaluation of the single proposal was completed by an evaluation panel and determined that the proposer met the expectations of the RFP and would be able to provide the requested services to the City of Banning.
JUSTIFICATION:
City staff has determined that a specialized financial service consultant with relevant experience in reviewing similar type requests in other jurisdictions would ensure that potential credits are completed in compliance with local agreements and state labor and contracting law.
FISCAL IMPACT:
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Staff will charge a plan review fee of applicants who are requesting development impact fee credits. The service will be awarded on a 'per task' basis, where City staff will provide information of the request to the vendor, obtain a fixed fee quote to perform the service, collect a fee from the entity requesting the credit, and complete the work with the vendor. This will be a pass through cost to the City of Banning and a netzero impact on the General Fund.
Staff is requesting a 2-year contract (with up to 3 additional 1-year terms) with an amount not to exceed $250,000 to cover anticipated projects where a review if necessary. Staff anticipates that the amount requested would be sufficient to cover costs of projects that have been completed or are in the works that are eligible for Development Impact Fee credits.
ALTERNATIVES:
Do not adopt Resolution 2025-152 and provide alternative direction to staff. The City currently does not have the staff resources in Finance Department to complete these tasks.
BUDGETED?:
No
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
1. Resolution 2025-152 l.docx
2. Exhibit A PSA - DTL Financial.pdf
3. DTL Proposal - DIF Auditing.pdf
549
Resolution 2025-152
RESOLUTION 2025-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH DTA FOR DEVELOPMENT IMPACT FEE AUDITING SERVICES FOR DEVELOPER CREDITS FOR $250,000 FOR A 5-
YEAR TERM
WHEREAS, the City of Banning has established Development Impact Fees imposed on new developments throughout the City including for Water Facilities, Wastewater Facilities, and Traffic that are overseen by the Public Works Department; and WHEREAS, under the Mitigation Fee Act, developers may elect to build infrastructure included within the Development Impact Fee program and receive credit and/or reimbursement for those costs in lieu of paying impact fees; and
WHEREAS, the City of Banning has entered into development agreement, reimbursement agreements, and credit agreement with private developers who install infrastructure included in the Development Impact Fee Program; and
WHEREAS, developers are looking to obtain credit and/or reimbursement for work that has been completed, and the City must verify that supplied incurred costs are consistent with the Development Impact Fee programs, development agreement, reimbursement agreements, credit agreements, state labor law, and other applicable rules and regulations; and WHEREAS, City staff determined that review required would be best served by a financial services consultant and solicited an RFP through the City’s procurement portal as an open bid, evaluated the proposal submitted by the bidder, and selected the proposer based on their qualifications; and
WHEREAS, the Public Works Department will collect a user fee from the private developer to cover the costs of the financial services contract on a task by task basis.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves the Professional Services Agreement with DTA for the Development Impact Fee Auditing Services for Developer Credits for a 2-year term in an amount of $250,000 and subsequent amendments to extend the Agreement for up to 3 additional 1-year terms upon satisfactory performance, with a total not-to-exceed amount of $250,000 over five (5) years.
SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Professional Services Agreement and to execute the Professional Services Agreement with DTA 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. 550
Resolution 2025-152
PASSED, APPROVED AND ADOPTED this 28th day of October, 2025.
Sheri Flynn, Mayor
City of Banning
ATTEST:
Sandra Calderon, Acting Administrative
City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, City Attorney
551
Resolution 2025-152
CERTIFICATION:
I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-152, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 28th day of October, 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Acting Administrative City
Clerk
City of Banning, California
552
Resolution 2025-152
EXHIBIT A
Professional Services Agreement
(Attach Agreement Document)
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AGREEMENT FOR PROFESSIONAL SERVICES (C01214) FOR
DEVELOPMENT IMPACT FEE AUDITING BY AND BETWEEN CITY
OF BANNING AND DTA PUBLIC FINANCE, INC.
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made and entered into this day: ___________________, (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and DTA Public Finance, Inc., a California Corporation, (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought by issuance a request for a proposal (RFP#25-109) for the performance of the services for the Development Impact Fee Auditing Services and as further defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by City to perform those services.
C. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
D. Pursuant to the City of Banning’s Municipal Code, City has authority to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional 554
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standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contract Documents and Exhibits.
This Agreement includes the Request for Proposal and Consultant’s accepted proposal (“Contract Documents”), both of which are on file with the City and incorporated herein by this general reference as though fully set forth herein. Exhibit A (Scope of Services), Exhibit B (Special Requirements), Exhibit C (Schedule of Compensation), and Exhibit D (Schedule of Performance) also constitute a part of this Agreement and are incorporated into this Agreement by this reference. Except as set forth in Section 1.10 regarding Exhibit B, this Agreement controls over the Contract Documents and the provisions in Exhibits A, B and C.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered, and shall render all Services hereunder in accordance therewith.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain and maintain during the term of this Agreement, at its sole cost and expense, all necessary licenses, permits, certificates and approvals required by law for the performance of Services under this Agreement, including a City business license. Consultant shall have the sole obligation to pay for all fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for Consultant’s performance of the Services required by this Agreement. Consultant shall indemnify, defend and hold harmless City, its officers, employees or agents, against all such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Services.
By executing this Agreement, Consultant warrants that Consultant: (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer (defined in Section 1.12. A).
1.6 Prevention of Loss and Damages.
Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, 555
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documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonable necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible to perform the Services of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services or to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Consultant, which written order incorporates therein an adjustment in (i) the Contract Sum (as defined in Section
2.1), and/or (ii) the Schedule of Performance, (as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum, or $25,000, whichever is less; or in the Schedule of Performance of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
1.9 Facilities and Equipment.
Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as City deems, in its sole discretion, to be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. 556
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1.11 Corrections.
In addition to the indemnification obligations set forth in Article 4, and Sections 1.4, 1.13,
5.3, 5.4, and 6.3, Consultant shall correct, at its expense, all errors in the Services which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction(s) in a reasonably timely manner, such correction(s) may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction(s) from any retention amount held by City, or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction(s), as provided in Section 6.3.
1.12 Party Representatives.
A. Contract Officer: For the purposes of this Agreement, the Contract Officer shall be the City Manager, or such other person designated in writing by the City Manager (“Contract Officer”). Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.
B. Principals and Personnel of Consultant.
1) Consultant Representative: The following principal of Consultant is hereby designated as being the Consultant Representative authorized to act on Consultant’s behalf regarding the Services specified herein and make all decisions in connection therewith:
Name Title
Kelly Wright Chief Executive Officer
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement. 557
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Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.
1.13 Independent Contractor.
A. Consultant is an independent contractor and not an employee of City.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. All Services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services. Any additional personnel performing Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
B. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
1.14 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, the Consultant Representative and employees were a substantial inducement for City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 558
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Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
1.15 Debarment or Suspension.
Consultant represents and warrants that, as of the Effective Date of this Agreement, Consultant is not debarred or suspended pursuant to any applicable Federal or State law providing for the debarment of contractors. Consultant shall not perform the Services with any subcontractor that has been debarred or suspended pursuant to any applicable Federal or State law providing for the debarment. Consultant and its subcontractors shall not be debarred or suspended throughout the Term of this Agreement pursuant to any applicable Federal or State law providing for the debarment of contractors. If Consultant or any subcontractor becomes debarred or suspended during the Term of this Agreement, Consultant shall immediately notify City.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than Two Hundred Fifty Thousand Dollars ($250,000.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion of the Services, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit C. Reimbursable expenses may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual sub-contractor expenses of an approved sub-contractor pursuant to Section 1.14, and only if specified in the Schedule of Compensation.
2.4 Unauthorized Services and Expenses.
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City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.
2.5 Invoices.
Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.
City shall independently review each invoice submitted by Consultant to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice, except as to any charges for Services performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 6.3. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City of any invoice provided by Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.
2.6 Waiver.
Payment to Consultant for Services performed pursuant to this Agreement shall not be deemed to waive any defects in Services performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to 560
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unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section
1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy shall be the extension of the Agreement pursuant to this Section.
3.4 Term.
The Term of this Agreement shall be from the Effective Date through October 31, 2027, with three (3) one-year option to extend the Agreement unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.
ARTICLE 4. INSURANCE AND INDEMNIFICATION
4.1 Minimum Scope and Limits of Insurance.
Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
A. Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, members, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
B. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy.
C. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.
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D. Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in the aggregate.
4.2 Acceptability of Insurers.
The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.
4.3 Additional Insured.
The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.
4.4 Primary and Non-Contributing.
The insurance policies required under this Article shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
4.5 Consultant’s Waiver of Subrogation.
The insurance policies required under this Article shall not prohibit Consultant and Consultant’s employees, agents or sub-contractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
4.6 Deductibles and Self-Insured Retentions.
Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City; or Consultant shall procure a bond guaranteeing payment of losses and expenses.
4.7 Cancellations or Modifications to Coverage.
Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Consultant shall, within two (2) Business Days (as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
4.8 City Remedy for Noncompliance.
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If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
4.9 Evidence of Insurance.
Prior to the performance of Services under this Agreement, Consultant shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with the City Clerk.
Consultant shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
4.10 Indemnity Requirements not Limiting.
Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under this Agreement.
4.11 Sub-contractor Insurance Requirements.
Consultant shall require each of its sub-contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.
4.12 Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnification of City.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising 563
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from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2. 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.
If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Article, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Article shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement. 564
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ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION
5.1 Service Records.
Consultant shall keep, and require sub-contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Service Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.
5.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Consultant shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
5.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All 565
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sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
5.4 Confidentiality and Release of Information.
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
B. Consultant, its officers, employees, agents or sub-contractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or sub-contractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite the response.
ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 California Law.
This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside. 566
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6.2 Disputes; Default.
A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance.
In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City as provided in Section 6.3.
6.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement): (i) any payment amount of which may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, (iii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement, and (iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub-contractors fail to maintain any required insurance in full force and effect, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.
6.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any Services by Consultant shall not constitute a waiver of any of the 567
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provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing, and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
6.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
6.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.
6.7 Termination Prior to Expiration of Term.
This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Consultant has initiated termination, Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 6.2.
6.8 Attorneys’ Fees.
In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other 568
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relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
7.1 Non-liability of City Officers and Employees.
No officer or employee of City shall be personally liable to Consultant, or Consultant’s Successor, in the event of any default or breach by City or for any amount which may become due to Consultant or Consultant’s Successor, or for breach of any obligation of the terms of this Agreement.
7.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub-contractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any direct or indirect financial interest in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given, and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would require Consultant or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement. 569
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7.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.
Consultant shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.
7.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of Services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 8. MISCELLANEOUS PROVISIONS
8.1 Notices.
Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on confirmed delivery by courier service or overnight delivery service during Consultant’s and City’s regular business hours; or (b) three (3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:
If to City Attn: Nathan Smith
Deputy Public Works Director
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: John Pinkney, Acting City Attorney Slovak Baron Empey Murphy & Pinkney LLP
74774 CA-111
Indian Wells, CA 92210
Email: [email protected]
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If to Consultant: Attn: Kelly Wright, CEO
DTA Public Finance, Inc.
11801 Pierce Street Suite 200
Riverside, CA 92505
Email: [email protected]
8.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.4 Integration; Amendment.
This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
8.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement. 571
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B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
8.7 No Third Party Beneficiaries Intended.
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
8.8 Final Payment Acceptance Constitutes Release.
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s Services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or Services performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the Services prepared by Consultant, its employees, sub-contractors and agents.
8.9 Non-Appropriation of Funds.
Payments to be made to Consultant by City for Services performed within the current fiscal year which are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
8.10 Headings.
The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
8.11 Word Usage.
Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
8.12 Business Days.
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“Business Days” refers to days that the Banning City Hall is open for business.
8.13 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of that Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
8.14 Electronic Signatures.
Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BANNING CONSULTANT
Art Vela Date
Interim City Manager
NAME: Date
TITLE:
NAME: Date
TITLE:
ATTEST:
Tax ID No.
Sandra Calderon Date
Acting 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.
574
Exhibit “A”-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Development Impact Fee Auditing prepared in connection therewith:
II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
575
1 SECTION A
STATEMENT OF UNDERSTANDING
AND APPROACH
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
A STATEMENT OF UNDERSTANDING AND APPROACH
DTA is pleased to submit this proposal to the City of Banning (the “City”). It is our understanding that the City is seeking a consultant to provide DIF auditing services, including the review of submitted materials for fee credit and/or reimbursement based on the adopted fee studies, CIPs, development agreements, and reimbursement agreements for consistency with those documents and applicable requirements. The City currently collects DIFs for Traffic Control, Water Facilities, and Wastewater Facilities.
1 Project Approach
DTA’s client contact and interaction continue beyond the basic deliverables. DTA is a customer and community-centric firm committed to excellence, quality products, and an open and interactive communication environment. We employ these practices in the workplace, in cities, counties, and towns, and with the many clients that we have served. DTA realizes that every client, like every person, is a distinct entity best understood and served in a direct and collaborative manner.
We have assembled an experienced and accomplished team with expertise in all the requirements of the municipal financial services requested by the City. DTA staff complete all the tasks of the project within the agreed-upon budget and schedule. Time and time again, we have proven our ability to adhere to contract agreements, understand the importance of good project management, and have never failed to meet a deadline.
DTA staff will be available to assist the City throughout the duration of the contract term. The firm is dedicated to providing public infrastructure financing and financial analysis services.
From unique deadlines to potentially shifting priorities that may arise during the process, DTA is ready to serve as an extension of City staff upon project kickoff.
Our multidisciplinary team members come from diverse backgrounds and we put people first.
Our staff understands the complexities and local sensitivities when navigating highly complex or potentially controversial situations, especially around the issues related to land use and urban planning. Our multidisciplinary team members come from diverse backgrounds and we put people first. We pride ourselves on developing strong relationships with our clients and working closely with them to understand their individual needs. At DTA, we understand that public finance mechanisms, such as ADs, LLDs, and CFDs, ensure that communities can thrive and sustain municipal growth goals .
2 Quality Control Procedures
We have assembled an experienced and accomplished team with expertise in all the requirements of the municipal financial services requested by the City. DTA staff complete all the tasks of the project within the agreed-upon budget and schedule. Time and time again, we have proven our ability to adhere to contract agreements, understand the importance of good project management, and have never failed to meet a deadline.
EXHIBIT "A" Exhibit "A" -2
576
2 SECTION A
STATEMENT OF UNDERSTANDING
AND APPROACH
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
Several cost-saving strategies employed for DTA’s clients are listed below.
Setting up standing conference calls (i.e., bi-weekly), in addition to scheduled meetings with City staff to stay on track with tasks and deliverables and discuss critical project elements; and
Preparing internal report drafts for City staff review and discussion on conference call(s).
DTA utilizes the software application BQE CORE to track project expenditures. This program is always available to DTA’s employees and provides detailed project information ranging from the execution of the contract to completion of the project, including any supplementary as-needed services requested by our clients. To manage this contract effectively in terms of team performance, schedule compliance, and budget adherence, Ms. Roess will utilize these tools:
Bi-weekly assignment checklists throughout the life of the contract to ensure each task remains on schedule by proper staffing assignments.
Consistent communication with City staff via e-mail, telephone, and in-person meetings, as needed.
Weekly budget review to ensure no budget overruns occur. DTA’s customized accounting system will enable us to track the expenditures to date each week and ensure budget compliance.
Regular meetings with City staff to discuss progress and any issues and receive guidance.
Project tracking reports that document the status of submittals or assignments on a weekly basis.
3 Proposed Scope of Work
It is our understanding that City is seeking a qualified consultant to review submitted projects from developers to determine if the project or portion of a project is eligible for DIF credit and/or reimbursement in accordance with applicable State law, City of Banning Municipal Code, City of Banning DIF studies, development agreements, and reimbursement agreements. DTA will be able to assist the City engineering staff and/or the City finance staff in the review process. We shall also review submitted invoices and backup materials to determine if invoices were paid in accordance with prevailing wage requirements and meet the requirements and obligations, as set forth in the City of Banning DIF studies, development agreements, and reimbursement agreements. DTA shall perform the tasks listed below.
Task 1 – Submittal Checklist
DTA will provide a checklist to assist the developer in assembling their submittal packages in order to provide a complete and accurate DIF credit or reimbursement submittal.
Task 2 – Submittal Format
DTA will provide formatting and organization guidelines to ensure that each submittal is consistent and complete. The submittal packages shall be in electronic format and/or as a hard copy in a three-ring binder.
EXHIBIT "A" Exhibit "A" -3
577
3 SECTION A
STATEMENT OF UNDERSTANDING
AND APPROACH
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
Task 3 – Conformance with Reimbursement Agreements
DTA shall complete the following subtasks:
Review the submittal contents in accordance with the requirements of the submittal sections of the Reimbursement Agreements, including invoices, proof of payment, prevailing wage documentation, notices of completion and certifications; Review the various DIF categories to ensure that they are eligible for reimbursement as spelled out in the Agreements;
Check relevant fund balances to ensure that funds are available for reimbursement; Review the validation of facility purchase price; and
Provide the status of bond balances available for reimbursement.
Task 4 – Submittal Tracker
DTA will create and maintain a project tracking report that also doubles as a repository of historical submittal packages.
Task 5 – Periodic Meetings with City Staff
DTA will conduct periodic meetings at intervals determined by City staff, to verify on a submittal-by-submittal basis, that the funding process is complete, the status of submittals that are in review, to identify and resolve issues, and to identify submittals expected to arrive in the near future.
Task 6 – Resolution of Applicable Issues
DTA shall work with City staff to resolve issues related to submittal completeness, cost allocation, mathematical accuracy, and reimbursement agreement requirements.
Task 7 – Validation Letter
Once issues have been resolved and the validation process is complete, DTA will provide a validation letter which includes the following:
Brief background of the facilities for which reimbursement is requested; Contracts, agreements and assignments, if applicable, upon which the request is based; Status of facilities, including notices of completion and statements by the City Engineer regarding substantial completion;
Explanation of the review process and related documents; and Tables, if appropriate, that show facility categories and allocated costs, as well as base and supplemental requests.
EXHIBIT "A" Exhibit "A" -4
578
4 SECTION A
STATEMENT OF UNDERSTANDING
AND APPROACH
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
Task 8 – Field Review, Where Needed
If needed, DTA will provide a representative during construction to represent the City in matters of reimbursement eligibility, review, and assistance with change order approval where related to eventual DIF reimbursement or credit.
4 Required Tasks for City Staff
DTA does not require the use of any City-owned facilities or property in connection with the services to be performed. DTA also does not require any City involvement in review of submittal packages outside of the above-mentioned periodic meetings. 5 Tentative Schedule
DTA has an enviable reputation for producing high-quality work in a quick and efficient manner to correspond with even the most aggressive project schedule. The tentative timeline for each project will be based on the respective acquisition agreement. Upon receipt of all required information, DTA shall complete a reimbursement review for each project within 4 weeks.
Notably, the firm shall provide ongoing communication, education, and outreach throughout the duration of the project . DTA will be able to begin work with minimal notice.
EXHIBIT "A" Exhibit "A" -5
579
Exhibit “A”-6
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.
IV. All work product is subject to review and acceptance by City. If the City determines that any work product is unacceptable, for any reason, it must be revised by Consultant without additional charge to City until found satisfactory and accepted by City. 580
Exhibit “B”-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
None
581
Exhibit “C”-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the tasks (“Tasks”) at the Consultant’s billing rates for all personnel as attached as part of Exhibit C included herein.
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services. 582
1 PRICE PROPOSAL
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
PRICE PROPOSAL
Fees for services shall be charged on an hourly basis according to the rates set forth in the fee schedule below, with invoices being submitted to the City on a monthly basis. All work will be performed on a time and materials basis and billed at the labor rates listed in Table 1, not to exceed $16,000 per submittal , including out-of-pocket expenses. Further work at that point would require additional fees to be billed at the hourly rates listed in Table 1. Please note that as all work will be billed on a time and materials basis, fewer hours may be expended for a given project based on the complexity of such analysis required.
Table 1: DTA’s Fee Schedule
Labor Category Labor Rate
President/Managing Director $325/Hour
Senior Vice President $300/Hour
Vice President $275/Hour
Senior Manager $230/Hour
Manager $215/Hour
Senior Associate $195/Hour
Associate III $185/Hour
Associate II $175/Hour
Associate I $160/Hour
Research Associate II $150/Hour
Research Associate I $135/Hour
Any additional tasks not listed in the Scope of Work that have been assigned by the City shall be charged at the hourly rates listed above.
Out-of-pocket and administrative expenses are included in the maximum budget per submittal noted above and shall be equal to 3% of DTA’s billings for labor, plus travel expenses and any outside vendor payments. All hourly rates for services apply through June 30, 2026, and are subject to a cost-of-living increase. On or about the first two weeks of each month during which consulting services are rendered hereunder, DTA shall present to City an invoice covering the current consulting services performed and reimbursable expenses incurred pursuant to this Notice of Authorization. Each invoice submitted for payment shall contain a brief description of the work billed on that invoice, total billed to date, total paid to date and amount remaining.
Invoices shall be paid by City within 30 days of the date of each invoice. A 1.2% charge may be imposed monthly against accounts that are not paid within 45 days of the date of each invoice.
The prevailing party in any legal action brought by one party against the other and arising out of this Consultant Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys’ fees.
EXHIBIT "C" Exhibit "C"-2
583
2 City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits A Disclaimer
While DTA has a fiduciary responsibility as a licensed Municipal Advisor, DTA is not, unless otherwise stipulated, acting as the City’s Municipal Advisor. The services discussed herein do not constitute any financial advice or fall under the category of municipal advisory services as defined by the SEC.
B Limitations
Additional work requested by the City beyond the tasks identified within the Scope of Work shall be considered out of scope and will be billed on a time and materials basis at the hourly rates identified in Table 1. Additional budget may be required if:
Project data is not provided in accordance with DTA’s checklist; All necessary information is not provided by the developer (or another consultant) in a timely manner;
Project is extremely large and an extensive amount of invoice review is required; Extensive coordination with a developer (or another consultant) is required; The validation process is delayed due to issues beyond the control of DTA; and/or Delays and additional coordination required to resolve issues related to facility eligibility.
EXHIBIT "C" Exhibit "C"-3
584
Exhibit “D”- 1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with City’s task requirements.
II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
585
586
www.FinanceDTA.com 11801 Pierce Street, Suite 220
Riverside, CA 92505
CITY OF BANNING
RFP-25-109
DEVELOPMENT IMPACT FEE AUDITING – VERIFICATION OF
ELIGIBLE DEVELOPER CREDITS
PROPOSAL SUBMISSION DEADLINE:
SEPTEMBER 17, 2025, AT 4:00 P.M.
Prepared for:
City of Banning
99 East Ramsey Street
Banning, CA 92220
Attention: Barbara Mason, Chief Procurement Officer
Project Contact :
Andrea Roess
Managing Director, DTA
11801 Pierce Street, Suite 200
Riverside, CA 92505
Phone: (800) 969-4DTA x208
587
www.FinanceDTA.com 11801 Pierce Street, Suite 220
Riverside, CA 92505
Ms. Barbara Mason September 17, 2025
Chief Procurement Officer
City of Banning
99 E. Ramsey Street
Banning, CA 92220
E-mail: [email protected]
RE: Request for Proposal (“RFP”) No. RFP-25-109 for Development Impact Fee Auditing – Verification of Eligible Developer Credits
Dear Ms. Mason:
DTA Public Finance, Inc. (“DTA”), formerly David Taussig & Associates, is pleased to submit this proposal to the City of Banning (the “City”). It is our understanding that the City is seeking a consultant to provide Development Impact Fee (“DIF”) auditing services, including the review of submitted materials for fee credit and/or reimbursement based on the adopted fee studies, Capital Improvement Plans (“CIPs”), development agreements, and reimbursement agreements for consistency with those documents and applicable requirements. The City currently collects DIFs for Traffic Control, Water Facilities, and Wastewater Facilities.
Notably, DTA has provided similar services to numerous municipalities in the State including but not limited to the City of Chino, City of Fontana, and Tejon Ranch Public Facilities Financing Authority. In fact, DTA was hired by the City of Chino in 2019, and rehired in 2022 and 2025, to provide CFD and Development Impact Fee (“DIF”) program reimbursement engineering services including validation of requests for reimbursement or fee credits, assistance in resolution of related issues, and other related services. Since 2019, DTA has reviewed and validated numerous CFD reimbursement requests, Redevelopment Agency (“RDA”) requests, and DIF credit requests on behalf of the City. The validation process has included the review of eligibility and compliance with the terms of reimbursement agreements.
DTA field representatives have also attended periodic coordination meetings with the contractor, as well as status meetings with City staff (both in-person and virtual). DTA has worked seamlessly with the City and served as an extension of City staff. Throughout DTA’s extensive experience working with the City, it has developed a streamlined, efficient process of services.
Headquartered in Irvine, DTA is a public finance and urban economics consulting firm specializing in infrastructure and public services finance with offices in Irvine, San Francisco, San Jose, and Riverside, California, as well as Dallas and Houston, Texas, Raleigh, North Carolina, and Tampa, Florida. DTA has completed consulting assignments for over 3,000 clients in 26 states. During this period, the firm has been involved in the formation of over 2,000 public finance districts, with total bond authorizations exceeding $75 billion . In addition to the planning and formation of a variety of types of special districts, DTA has provided annual administration services since its formation for special districts and municipalities nationwide to levy special assessments, special taxes, and various rates and charges on property tax bills. We have also been involved in fiscal and economic analyses of land development impacts, project feasibility studies, and economic development studies. DTA has prepared approximately 700 fee justification studies for a variety of public improvements, including water, sewer, and flood control facilities, fire and police stations, parks, libraries, transportation, and other types of infrastructure.
588
www.FinanceDTA.com 11801 Pierce Street, Suite 220
Riverside, CA 92505
Given our extensive experience in special district formation and administration, we believe our firm is well qualified to provide consulting services for this project. DTA’s high level of experience in providing financial and administrative services related to assessments and taxes has positioned us as a leader within the municipal finance industry. In fact, our assessment/special tax formulas have generated revenues to support hundreds of bond issues over the past 40 years, all of which have withstood the test of time. The result of this experience and expertise is that DTA has never once been sued. During this period, we have developed a number of assessment/special tax methodologies that have become the standards of our industry. In addition, DTA is a registered Municipal Advisor with the U.S. Securities and Exchange Commission (“SEC”) and Municipal Securities Rulemaking Board (MSRB ID #K0961).
Our proposal has been prepared to establish the following:
DTA’s experience/qualifications . DTA's level of experience with levying assessments and the formation and issuance of bonds for special financing districts is unequaled as our firm is the State of California's leading Special Tax Consultant and Assessment Engineer, having prepared assessment or special tax formulas on behalf of public agencies for the establishment of over 1,500 special financing districts. We take a hands-on, detail-oriented approach with an emphasis on accuracy, efficiency, and reliability. Automation via our proprietary software, MuniAnalytics, is a key component of our services as it aids in the elimination of errors, documentation of procedures, and development of audit trails. These capabilities are frequently combined with our infrastructure finance consulting services to develop public infrastructure and services financing strategies and plans. Additional information on DTA is available on our website (www.FinanceDTA.com).
DTA’s commitment to providing superior service to the City . DTA’s staff members, all of whom are directly involved solely in public finance, come from backgrounds in a number of fields, including civil engineering, land development, public administration, investment banking, economic consulting, redevelopment, law, and land use planning.
This diversity of experience and expertise allows DTA to meet a wide variety of challenges related to both the actual work product and client management. DTA has earned the trust of public agencies, bond investors, and other industry participants. Our name is synonymous with quality, accuracy, and responsiveness. DTA’s clients understand there is a quantifiable difference to our consulting services that gives us a clear edge over the competition. We are committed to excellence and innovation, which allows us to attract and retain the most experienced and knowledgeable personnel in the industry. Let us show you how our dedication to our clients’ needs and expectations is unsurpassed.
DTA’s high-level support . Perhaps DTA’s most outstanding qualification is the dedication and loyalty of the senior employees in our firm, many of whom have worked with us for 20 years or more, enabling our clients to count on the same personnel year after year on the job. As a result, DTA is able to offer a level of management expertise that is unequalled throughout the fields of assessment engineering and special tax consulting.
DTA has assembled a project team for the City with the breadth of experience required to provide municipal financial services in a professional and timely manner. This project would be handled out of DTA’s Riverside office located at 11801 Pierce Street, Suite 200, Riverside, 589
www.FinanceDTA.com 11801 Pierce Street, Suite 220
Riverside, CA 92505
CA 92505, with support from our Irvine office at 18201 Von Karman Avenue, Suite 220, Irvine, CA 92612 . Andrea Roess, a Managing Director at DTA, would serve as the Principal-in-Charge and have the City’s primary account responsibility. Ms. Roess would be assisted by Steve Runk, P.E., Vice President of Engineering Services at DTA. Brief resumes for each of our senior team members are included in Section C of this proposal. All proposed project team members may be reached by phone at (800) 969-4DTA.
DTA confirms that our firm is able to perform the requested services and that all elements of the RFP have been reviewed and understood. DTA is able and willing to enter into a contract under the terms and conditions prescribed by this RFP and in the Sample Agreement.
If you have any questions regarding DTA, our team members, or the enclosed statement of qualifications, please contact Andrea Roess at (800) 969-4DTA x208 or by e-mail at [email protected] during the proposal evaluation period. Thank you for the opportunity to work with the City on this engagement.
Best Regards,
Kelly Wright
Chief Executive Officer
Phone: (800) 969-DTA
[email protected]
590
TABLE
OF CONTENTS
SECTION PAGE
A STATEMENT OF UNDERSTANDING AND
APPROACH ......................................................................... 1 1 Project Approach ............................................................. 1 2 Quality Control Procedures .......................................... 1 3 Proposed Scope of Work ................................................ 2 4 Required Tasks for City Staff ......................................... 4 5 Tentative Schedule.......................................................... 4 B COMPANY INFORMATION .............................................. 5 C COMPANY PERSONNEL ................................................... 7 1 DTA Team Resumes ........................................................ 8 D DISCLOSURE ..................................................................... 11 E EXPERIENCE AND REFERENCES ................................... 12 1 Related Experience ........................................................ 12 2 References ....................................................................... 14 591
1 SECTION A
STATEMENT OF UNDERSTANDING
AND APPROACH
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
A STATEMENT OF UNDERSTANDING AND APPROACH
DTA is pleased to submit this proposal to the City of Banning (the “City”). It is our understanding that the City is seeking a consultant to provide DIF auditing services, including the review of submitted materials for fee credit and/or reimbursement based on the adopted fee studies, CIPs, development agreements, and reimbursement agreements for consistency with those documents and applicable requirements. The City currently collects DIFs for Traffic Control, Water Facilities, and Wastewater Facilities.
1 Project Approach
DTA’s client contact and interaction continue beyond the basic deliverables. DTA is a customer and community-centric firm committed to excellence, quality products, and an open and interactive communication environment. We employ these practices in the workplace, in cities, counties, and towns, and with the many clients that we have served. DTA realizes that every client, like every person, is a distinct entity best understood and served in a direct and collaborative manner.
We have assembled an experienced and accomplished team with expertise in all the requirements of the municipal financial services requested by the City. DTA staff complete all the tasks of the project within the agreed-upon budget and schedule. Time and time again, we have proven our ability to adhere to contract agreements, understand the importance of good project management, and have never failed to meet a deadline.
DTA staff will be available to assist the City throughout the duration of the contract term. The firm is dedicated to providing public infrastructure financing and financial analysis services.
From unique deadlines to potentially shifting priorities that may arise during the process, DTA is ready to serve as an extension of City staff upon project kickoff.
Our multidisciplinary team members come from diverse backgrounds and we put people first.
Our staff understands the complexities and local sensitivities when navigating highly complex or potentially controversial situations, especially around the issues related to land use and urban planning. Our multidisciplinary team members come from diverse backgrounds and we put people first. We pride ourselves on developing strong relationships with our clients and working closely with them to understand their individual needs. At DTA, we understand that public finance mechanisms, such as ADs, LLDs, and CFDs, ensure that communities can thrive and sustain municipal growth goals .
2 Quality Control Procedures
We have assembled an experienced and accomplished team with expertise in all the requirements of the municipal financial services requested by the City. DTA staff complete all the tasks of the project within the agreed-upon budget and schedule. Time and time again, we have proven our ability to adhere to contract agreements, understand the importance of good project management, and have never failed to meet a deadline. 592
2 SECTION A
STATEMENT OF UNDERSTANDING
AND APPROACH
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
Several cost-saving strategies employed for DTA’s clients are listed below.
Setting up standing conference calls (i.e., bi-weekly), in addition to scheduled meetings with City staff to stay on track with tasks and deliverables and discuss critical project elements; and
Preparing internal report drafts for City staff review and discussion on conference call(s).
DTA utilizes the software application BQE CORE to track project expenditures. This program is always available to DTA’s employees and provides detailed project information ranging from the execution of the contract to completion of the project, including any supplementary as-needed services requested by our clients. To manage this contract effectively in terms of team performance, schedule compliance, and budget adherence, Ms. Roess will utilize these tools:
Bi-weekly assignment checklists throughout the life of the contract to ensure each task remains on schedule by proper staffing assignments.
Consistent communication with City staff via e-mail, telephone, and in-person meetings, as needed.
Weekly budget review to ensure no budget overruns occur. DTA’s customized accounting system will enable us to track the expenditures to date each week and ensure budget compliance.
Regular meetings with City staff to discuss progress and any issues and receive guidance.
Project tracking reports that document the status of submittals or assignments on a weekly basis.
3 Proposed Scope of Work
It is our understanding that City is seeking a qualified consultant to review submitted projects from developers to determine if the project or portion of a project is eligible for DIF credit and/or reimbursement in accordance with applicable State law, City of Banning Municipal Code, City of Banning DIF studies, development agreements, and reimbursement agreements. DTA will be able to assist the City engineering staff and/or the City finance staff in the review process. We shall also review submitted invoices and backup materials to determine if invoices were paid in accordance with prevailing wage requirements and meet the requirements and obligations, as set forth in the City of Banning DIF studies, development agreements, and reimbursement agreements. DTA shall perform the tasks listed below.
Task 1 – Submittal Checklist
DTA will provide a checklist to assist the developer in assembling their submittal packages in order to provide a complete and accurate DIF credit or reimbursement submittal.
Task 2 – Submittal Format
DTA will provide formatting and organization guidelines to ensure that each submittal is consistent and complete. The submittal packages shall be in electronic format and/or as a hard copy in a three-ring binder.
593
3 SECTION A
STATEMENT OF UNDERSTANDING
AND APPROACH
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
Task 3 – Conformance with Reimbursement Agreements
DTA shall complete the following subtasks:
Review the submittal contents in accordance with the requirements of the submittal sections of the Reimbursement Agreements, including invoices, proof of payment, prevailing wage documentation, notices of completion and certifications; Review the various DIF categories to ensure that they are eligible for reimbursement as spelled out in the Agreements;
Check relevant fund balances to ensure that funds are available for reimbursement; Review the validation of facility purchase price; and
Provide the status of bond balances available for reimbursement.
Task 4 – Submittal Tracker
DTA will create and maintain a project tracking report that also doubles as a repository of historical submittal packages.
Task 5 – Periodic Meetings with City Staff
DTA will conduct periodic meetings at intervals determined by City staff, to verify on a submittal-by-submittal basis, that the funding process is complete, the status of submittals that are in review, to identify and resolve issues, and to identify submittals expected to arrive in the near future.
Task 6 – Resolution of Applicable Issues
DTA shall work with City staff to resolve issues related to submittal completeness, cost allocation, mathematical accuracy, and reimbursement agreement requirements.
Task 7 – Validation Letter
Once issues have been resolved and the validation process is complete, DTA will provide a validation letter which includes the following:
Brief background of the facilities for which reimbursement is requested; Contracts, agreements and assignments, if applicable, upon which the request is based; Status of facilities, including notices of completion and statements by the City Engineer regarding substantial completion;
Explanation of the review process and related documents; and Tables, if appropriate, that show facility categories and allocated costs, as well as base and supplemental requests.
594
4 SECTION A
STATEMENT OF UNDERSTANDING
AND APPROACH
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
Task 8 – Field Review, Where Needed
If needed, DTA will provide a representative during construction to represent the City in matters of reimbursement eligibility, review, and assistance with change order approval where related to eventual DIF reimbursement or credit.
4 Required Tasks for City Staff
DTA does not require the use of any City-owned facilities or property in connection with the services to be performed. DTA also does not require any City involvement in review of submittal packages outside of the above-mentioned periodic meetings. 5 Tentative Schedule
DTA has an enviable reputation for producing high-quality work in a quick and efficient manner to correspond with even the most aggressive project schedule. The tentative timeline for each project will be based on the respective acquisition agreement. Upon receipt of all required information, DTA shall complete a reimbursement review for each project within 4 weeks.
Notably, the firm shall provide ongoing communication, education, and outreach throughout the duration of the project . DTA will be able to begin work with minimal notice. 595
5 SECTION B
COMPANY INFORMATION
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
B COMPANY INFORMATION
DTA is a public finance and urban economics consulting firm specializing in infrastructure and public services finance. Our firm, which provides public finance consulting services to clients nationwide, has offices in Irvine, San Francisco, San Jose, and Riverside, California, as well as Dallas and Houston, Texas, Raleigh, North Carolina, and Tampa, Florida. Since its formation in 1985, DTA has assisted over 3,000 clients in meeting their infrastructure and public services goals. DTA has been licensed and registered with the SEC and MSRB as a Municipal Advisor (No. 867-01160) and follows all the fiduciary requirements associated with this designation .
DTA, a corporation, was incorporated in the State of California on May 15, 1986 (Entity No. 1374460), and has been providing public finance consulting services for over 39 years. The firm’s headquarters are located at 18201 Von Karman Avenue, Suite 220, Irvine, CA 92612. The corporation has two officers, specifically David Taussig, Chairman/Managing Director, and Cecily Burke, Secretary, both of whom are authorized to bind the firm. DTA does not hold controlling or financial interests in any other organization and is not owned or controlled by another person or organization. DTA’s management personnel consists of four principals identified as David Taussig, Chairman/Managing Director, Kelly Wright, Chief Executive Officer, Andrea Roess, Managing Director, and Kuda Wekwete, Managing Director.
DTA is registered with Dun & Bradstreet (“DUNS”), an agency focused only on business credit that is one of the top three credit rating agencies . The firm’s DUNS Number is 197812571.
Throughout our 40 years of business, DTA has never relied on a line of credit from a financial institution to remain solvent. In addition, DTA has never been the subject of any defaults, bankruptcy filings, litigation, mediation, or arbitration relating to our business and/or our work product in the past 5 years, nor in the firm’s history.
DTA currently has a staff of approximately 50 employees, all of whom are directly involved solely in public finance. Staff members come from backgrounds in a number of fields, including land development, public administration, civil engineering, investment banking, economic consulting, redevelopment, law, and land use planning. This diversity of experience and expertise allows DTA to meet a wide variety of challenges related to both the actual work product and client management. Each of DTA's staff members has considerable experience in computer-based financial analyses and modeling, which is a key component of the firm's consulting services.
We have assembled an experienced and accomplished team with expertise in all the requirements of the municipal financial services requested by the City. This project would be handled out of DTA’s Riverside office located at 11801 Pierce Street, Suite 200, Riverside, CA 92505, with support from our Irvine office at 18201 Von Karman Avenue, Suite 220, Irvine, CA 92612. Andrea Roess, a Managing Director at DTA, would serve as the Principal-in-Charge and have the City’s primary account responsibility. Ms. Roess would be assisted by Steve Runk, P.E., Vice President of Engineering Services at DTA. All proposed project team members may be reached by phone at (800) 969-4DTA.
596
6 SECTION B
COMPANY INFORMATION
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
Since its establishment, DTA has completed consulting assignments for more than 3,000 clients in 26 states. During this period, the firm has been involved in the formation of more than 2,000 public finance districts, with total authorized bonded indebtedness in excess of $75 billion. Our financing programs have utilized a variety of public financing mechanisms, such as Assessment Districts (“ADs”), CFDs, Certificates of Participation, Tax Allocation Bonds, Sewer and Water Revenue Bonds, Marks-Roos Bond Pools, Landscaping and Lighting Districts (“LLDs”), Enhanced Infrastructure Financing Districts (“EIFDs”), Integrated Financing Districts, and various types of fee programs. DTA has served as the Special Tax Consultant and/or Assessment Engineer for numerous cities, counties, water districts, and school districts.
DTA’s consulting services include:
Annual administration of special districts;
Special tax and assessment engineering;
Public infrastructure and public services financing strategies; Proposition (“Prop”) 218 and Assembly Bill (“AB”) 1600 compliance studies; Fiscal and economic impact analyses;
Property Assessed Clean Energy (“PACE”) financing;
Federal and state grant and loan applications;
Economic development and revitalization studies; and
Public improvement construction management services.
On a national basis, DTA has planned and implemented Public Facilities Financing Plans (“PFFPs”) that have ranged from the quantitative analysis of a single financing mechanism for an individual facility to the preparation of a comprehensive public financing plan covering multiple facilities and public services through a series of financing mechanisms. Our financial analyses provide public officials, landowners, and other interested parties with the level of information necessary to make fully informed decisions regarding land use, infrastructure, and public services financing issues. Furthermore, DTA staff has extensive experience working with various stakeholder groups, including public agencies, local residents and businesses, property owner associations, land developers, public finance professionals, local Chambers of Commerce, and other interested parties.
DTA’s special tax and assessment formulas are based on a variety of methodologies that have withstood the test of time and legal scrutiny. Our firm’s objective has been to take a balanced approach and utilize innovative and state-of-the-art techniques that enable all parties to receive the maximum benefit from public financing. DTA is aware of and has contributed to the most innovative and creative concepts in land-secured public financing.
DTA has provided public finance consulting services to virtually every major city and urban county in the State of California. Our city clients are too numerous to list individually but include the Cities of Anaheim, Fresno, Long Beach, Los Angeles, Oceanside, Sacramento, San Diego, San Francisco, and San Jose. Our county clients have included the Counties of Alameda, Butte, Contra Costa, Fresno, Imperial, Los Angeles, Madera, Marin, Orange, Placer, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, Santa Barbara, Shasta, Sutter, Stanislaus, and Yuba. DTA has also provided public finance consulting services to over 325 school districts, water districts, and fire protection districts throughout California. 597
7 SECTION C
COMPANY PERSONNEL
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
C COMPANY PERSONNEL
DTA has assigned personnel to this project who bring experience and technical expertise to each unique element of this engagement. Our team organization is illustrated below. All assigned key professional staff are properly licensed to practice in California. Project roles of our key team members are described below and followed by professional biographies. All personnel will be available full-time (100%) for the duration of the project. DTA does not anticipate employing subconsultants for any portion of this engagement .
Figure 1: Team Organization Chart
DTA has assembled a project team for the City with the breadth of experience required to provide municipal financial services in a professional and timely manner. This project would be primarily handled out of DTA’s Riverside office, with support from our Irvine office.
Andrea Roess, a Managing Director at DTA, would serve as the Principal-in-Charge of DTA’s project team and handle primary account responsibilities for this engagement. Ms. Roess will attend meetings as necessary and supervise all project staff.
Ms. Roess will also serve as the Project Manager for the DTA team and be the City’s primary point of contact throughout this engagement. She will oversee all day-to-day activities and attend all meetings. This will include scheduled meetings with City staff at which she will provide regular updates regarding progress and any problems that have arisen. In addition, Ms. Roess will be setting up conference calls with City staff and other interested parties whenever necessary. She may schedule these conference calls once per month on a date in between any scheduled meetings with City staff.
598
8 SECTION C
COMPANY PERSONNEL
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
Ms. Roess will handle the ongoing execution and completion of the entire Scope of Work and match DTA’s work and deliverables with the City’s needs and objectives. She will also manage the work of DTA’s project team, including leading data collection efforts, providing senior-level analysis, reviewing progress and work products with City staff and stakeholders, and presenting findings at project meetings. Ms. Roess will be assisted in these tasks by support staff, as needed.
Steve Runk, P.E., the Vice President of Engineering Services, will review submittal packages for CFD reimbursements, in addition to expediting field construction change orders.
Key personnel will be available to the extent proposed, or designated by the City, for the duration of the project and no person designated as “key” to the project shall be removed or replaced without the prior written concurrence of the City . In addition, DTA is not behind schedule or past the completion date for any active projects and has a long history of delivering projects on a timely basis and adhering to agreements.
According to the SEC, as of September 12, 2017 (due to a new regulatory requirement), representatives of Municipal Advisor firms must have earned the Series 50 license to engage in municipal advisory activities. DTA managers at the Vice President level and above are Series 50 licensed and therefore duly authorized by the SEC/MSRB to engage in municipal advisory activities.
1 DTA Team Resumes
Andrea Roess
Managing Director | [email protected]
Project Role – Principal-in-Charge/Project Manager
Since joining DTA in 1992, Ms. Roess has participated in all aspects of the formation and implementation of special finance districts to fund infrastructure and services. She has managed the formation and annual administration of more than 300 land-secured financing districts, including several PACE programs.
In addition, Ms. Roess established and manages DTA's water and sewer practice and is a leader in the development of PACE programs.
Ms. Roess has utilized her computer skills to develop numerous state-of-the art computer models that evaluate cash flows related to funding infrastructure and public services. This ability has enabled her to develop sophisticated bond structuring concepts for CFDs and ADs, as well as complex fiscal impact and fee impact models. She has also prepared hundreds of Engineer’s Reports for ADs and been involved in the development of escrow release formulas and bond pool financing structures. In addition, Ms. Roess has experience in the preparation of PFFPs, Water/Sewer Revenue Bond analyses, and tax increment analyses. She is also the Project Manager in charge of annual special tax administration for more than 120 financing districts throughout California, Florida, Hawaii, Missouri, and Nevada.
Since 2019, Ms. Roess has provided CFD and DIF program reimbursement engineering and related services to the City of Chino and served as the Project Manager for this effort . DTA has reviewed and approved numerous CFD reimbursement requests, RDA requests, and DIF credit requests on behalf of the City. DTA field representatives have also attended periodic coordination meetings with the contractor, as well as status meetings with City staff (both in-person and 599
9 SECTION C
COMPANY PERSONNEL
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
virtual).
In addition, Ms. Roess has become an influential voice in the world of CFDs and public finance through an intimate understanding of CFD subject matter that is unrivaled in the industry. Her direct and innovative approach to solving problems has led to a variety of innovative and successful solutions for her clients. This success has not gone unnoticed in the CFD circle. For years, industry professionals have sought her guidance and insights on a wide variety of issues that they faced. She is regularly asked to participate at speaking engagements and conferences to share her experiences and knowledge related to CFD structuring and other public finance topics.
For your reference, listed below is a sampling of current clients to whom Ms. Roess provides both district formation and annual administration consulting services.
Borrego Water District County of Imperial;
City of Anaheim; County of Los Angeles;
City of Blythe; County of Orange;
City of Brawley; County of San Bernardino;
City of Calexico; County of Santa Barbara;
City of Cathedral City; Laguna Beach Unified School District; City of Los Angeles; Riverside Unified School District; City of Oceanside; San Diego County Fire Protection District; and County of Imperial; Upland Unified School District.
Ms. Roess holds an M.B.A. degree with a concentration in finance from San Francisco State University and a B.A. in psychology/public policy analysis from Pomona College.
Ms. Roess is active in industry groups, including CSMFO, the Association of Women in Water, Energy, and Environment (“AWWEE”), and many others. In addition, Ms. Roess has been elected the Director of Mentorship of the Women in Public Finance Los Angeles Chapter Board and has participated on numerous panels and workshops related to public financing. She also holds a Series 50 license as a registered Municipal Advisor with the SEC/MSRB under rules promulgated following the Dodd-Frank Act in 2010.
Steve Runk, P.E.
Vice President, Engineering Services | [email protected] Project Role – Engineer (State License Number C23473 – California Registered Civil Engineer) Mr. Runk has over 45 years of experience in the design and construction management of major civil engineering projects, including roadways, bridges, sewer and water improvements, and flood control facilities, grading for public works projects, and construction of commercial and industrial buildings.
Mr. Runk’s specific responsibilities have included design, quality control, specifications, estimates, construction bid packages, construction coordination and management, cost analyses and cost control, scheduling, manpower forecasting, staffing, and marketing. He has also assisted public agencies and developers in the procurement of funding from the California Department of Transportation (“Caltrans”) and other federal and state agencies.
Mr. Runk has a proven track record of meeting schedules and adhering to budgets. Since joining 600
10 SECTION C
COMPANY PERSONNEL
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
DTA in 2000, he has worked with local agencies to resolve community issues and negotiate scope changes with contractors to ensure the timely and satisfactory completion of construction projects.
He has also acted as the Project Manager for the establishment of ADs and preparation of numerous AB 1600 DIF justification studies. Mr. Runk specializes in preparing assessment apportionment formulas and fee studies for roads, storm drains, and water and wastewater facilities.
Since 2019, Mr. Runk has provided CFD and DIF program reimbursement engineering and related services to the City of Chino. DTA has reviewed and approved numerous CFD reimbursement requests, RDA requests, and DIF credit requests on behalf of the City. DTA field representatives have also attended periodic coordination meetings with the contractor, as well as status meetings with City staff (both in-person and virtual).
Prior to joining DTA, Mr. Runk, as the Senior Construction Manager for Holmes & Narver, Inc., successfully completed the construction of the SR-41 Freeway in Fresno County, which was the County’s first Measure “C” sales tax-funded freeway. Prior to this project, Mr. Runk successfully completed the construction of the SR-71 Freeway in Chino/Chino Hills, California. This $98 million project was the first Measure “M” sales tax-funded project for the San Bernardino Associated Governments (“SANBAG”). Mr. Runk’s responsibilities on both projects included contract management, quality control, public relations, cash flow analyses, project closeout, and compliance with federal and State funding requirements.
Previously, Mr. Runk held positions with various public and private engineering entities in which he delivered projects requiring a wide variety of engineering expertise. He holds a B.S. in engineering from the University of California at Los Angeles and an M.S. in civil engineering from California State University at Long Beach. Mr. Runk is a registered Civil Engineer in the State of California.
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11 SECTION D
DISCLOSURE
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
D DISCLOSURE
DTA confirms that it does not have any past or current business and personal relationships with any current Banning elected official, appointed official, City employee, or family member of any current Banning elected official, appointed official, or City employee. 602
12 SECTION E
EXPERIENCE AND REFERENCES
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
E EXPERIENCE AND REFERENCES
1 Related Experience
DTA has served as the financial consultant for numerous cities, counties, school districts, water districts, and fire protection districts. In addition to being the State’s leading special tax and assessment engineering consultant for the formation of special districts, DTA has also been a State leader in the enrollment and collection of special taxes and assessments for 40 years. Therefore, unlike many consulting firms, we bring a depth of experience that is only achieved by providing consulting services on both the formation and administration of special districts. Furthermore, DTA’s ability to retain the vast majority of its senior employees enables our firm to provide management expertise that is without peer in the special tax and assessment engineering consulting field. The fact that DTA, unlike other firms, encourages its employees to work on both the formation and administration of special districts has provided our staff with a much more comprehensive understanding of the details involved in implementing a successful district.
DTA is currently administering over 800 special districts annually. Our staff is extremely knowledgeable with respect to the relevant law governing the enrollment of special taxes and assessments. DTA has also helped establish the industry's practices through our participation in various trade groups, such as CASTOFF, and speaking engagements at different forums, including those held by the University of California, Los Angeles (“UCLA”), Land Use Research Foundation, and Urban Land Institute (“ULI”). We are also intimately familiar with County Auditor-Controller, Assessor, Treasurer-Tax Collector, and Recorder practices, which is critical for the successful administration of special districts. DTA fully utilizes all internet resources and our staff regularly accesses Assessor and title company files as necessary to establish overlapping debt information and perform other due diligence functions related to special district formation and annual administration.
DTA also has considerable experience assisting public agencies in their negotiations with landowners regarding entitlement and Development Agreement mitigation requirements for public improvements, as well as the structuring of public financing programs. Our experience dates back to the mid-1980s when DTA began providing financial consulting services that included the development of "fair share" methods of apportioning costs among multiple landowners participating in a bond financing, thereby gaining the landowners’ cooperation and increasing the bond financing capacity of the public agency.
DTA’s special tax and assessment formulas, some of which have been in use since 1985, are based on a variety of methodologies that have withstood the test of time and legal scrutiny. Our firm's objective has been to take a balanced approach and utilize innovative and state-of-the-art techniques that enable all parties to receive the maximum benefit from public financing. DTA is aware of and has contributed to the most innovative and creative concepts in land-secured public financing. This knowledge and experience have allowed DTA to maximize the capacity of land-secured financing programs while minimizing burdens on homebuyers and other property owners.
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EXPERIENCE AND REFERENCES
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
DTA’s special district experience takes many forms, as illustrated in the discussion below.
Broad-Based Experience : DTA has considerable experience with virtually every CFD/AD scenario imaginable. We have participated in districts with single and multiple property owners, improvement areas or zones, single and multiple series of bonds, escrowed bonds, fixed and variable rate and capital appreciation bonds, and residential and non-residential land uses. DTA has developed apportionment methodologies for the financing of Master Plan capital improvements, local subdivision improvements, public services, and even the undergrounding of existing overhead utilities. We have participated in the formation of land-secured districts containing fewer than 20 dwelling units and those with more than 38,000 dwelling units. Our staff has participated in numerous refundings and restructurings as well. This experience gives us the ability to analyze our clients’ needs and match those needs with the financing mechanism that will maximize the capacity of the financing program while minimizing burdens on homebuyers and other property owners. Furthermore, the variety of financing structures for which we have provided these services have given us a perspective and level of skill that is unmatched. DTA’s financial consulting services and work products reflect the scrutiny and refinement that can only come through such extensive experience. This proficiency can be crucial in identifying and resolving issues and helping our clients avoid the pitfalls that we have seen cause problems for other municipalities.
DTA’s assessment apportionment methodologies and special tax formulas have been utilized for the sale of hundreds of bond issues and provided the firm with considerable experience working with property owners, public agencies, underwriters, bond counsels, and financial advisors to provide benefit apportionment methods satisfactory to all parties. In the process, DTA has also worked frequently with institutional bond purchasers, all of whom are familiar with the firm and its expertise in the field of assessment engineering and special tax consulting.
Legal Knowledge : Our senior professional staff is not only intimately familiar with the Mello-Roos Community Facilities Act of 1982, Municipal Improvement Act of 1911, Municipal Improvement Act of 1913, Improvement Bond Act of 1915, Landscaping and Lighting Act of 1972, Benefit Assessment Act of 1982, and Prop 218, but also has extensive real-world experience with each of their respective applications. This means that our advice and consulting services are grounded in a true understanding of each law and not merely restatements of industry practices.
Adaptability: Each member of DTA’s professional staff has considerable experience in computer-based financial analyses and modeling. This experience gives DTA the ability to adapt and create new models to meet any of the City’s changing needs.
High-Level Support : DTA’s clients receive high levels of personal attention from senior staff, with a Principal, Senior Vice President, or Vice President always available to meet with public agency staff and other groups. Due to the loyalty of DTA’s senior staff, many of whom have worked with us for 20 years or more, DTA is able to offer a level of management expertise that is unequalled throughout the field of assessment/special tax consulting.
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14 SECTION E
EXPERIENCE AND REFERENCES
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
Listed below in Table 1 are public agency clients for whom DTA reviewed and approved the developer reimbursement packages. DTA served as the lead consultant for each of the efforts noted below and key personnel included the proposed project team members, along with other DTA staff.
Table 1: List of Relevant Project Experience
Public Agency Client Project Project Dates Reference
City of Chino
CFD Program
Management and Related
Services
June 2019-Present
Sylvia Ramos, Management
Analyst
Phone: (909) 334-3418
Tejon Ranch Public Facilities
Financing Authority
CFD No. 2000-1 (Tejon
Industrial Complex) June 2002-Present
Hugh McMahon, Director of
Financial Analysis
Phone: (661) 663-4229
City of Fontana
CFD Program
Management and Related
Services
2004-Present Justin Marietta, Accountant II,
(909) 350-6608
2 References
DTA has provided public finance consulting services to virtually every major city and county in the State of California. Our city clients include but are not limited to the Cities of Anaheim, Fresno, Long Beach, Los Angeles, Sacramento, San Diego, San Francisco, and San Jose. Our county clients have included the Counties of Alameda, Butte, Contra Costa, Fresno, Imperial, Los Angeles, Madera, Marin, Orange, Placer, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, Santa Barbara, Shasta, Sutter, Stanislaus, and Yuba. DTA has also provided public finance consulting services for over 325 school districts, water districts, and fire protection districts throughout California.
Listed below are three (3) references for three of our Southern California clients. DTA prides itself on the high level of service that we provide to our clients. We encourage you to contact our references to learn firsthand how well DTA staff meets the needs of our clients.
2.a City of Chino
Table 2: Reference Information
Contact Name Sylvia Ramos
Title Management Analyst
Address 13220 Central Avenue, Chino, CA 91710
Phone Number (909) 334-3418
E-mail Address [email protected]
Project Dates 2019-Present
DTA was hired by the City of Chino in 2019, and rehired in 2022 and 2025, to provide CFD and DIF program reimbursement engineering services including the approval of reimbursement requests, assistance in resolution of related issues, and other related services. Since 2019, DTA has reviewed and approved validated numerous CFD reimbursement requests, RDA requests, and DIF credit requests on behalf of the City. The validation process has included the review of eligibility and compliance with the terms 605
15 SECTION E
EXPERIENCE AND REFERENCES
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
of reimbursement agreements. DTA field representatives have also attended periodic coordination meetings with the contractor, as well as status meetings with City staff (both in-person and virtual).
DTA has developed basic management tools to ensure a timely and consistent review process, including standard check lists for both CFD and DIF requests, project trackers that capture the status of submittals on a weekly basis, and a general format for validation letter deliverables based on an extensive library of prior validations throughout the City. DTA has worked seamlessly with the City and served as an extension of City staff. Throughout DTA’s extensive experience working with the City, it has developed a streamlined, efficient process of services.
2.b Tejon Ranch Public Facilities Financing Authority
Table 3: Reference Information
Contact Name Hugh McMahon
Title Executive Vice President, Real Estate
Address P.O. Box 1000, Tejon Ranch, CA 93243
Phone Number (661) 248-3000
E-mail Address [email protected]
Project Dates June 2002-Present
DTA assisted with the formation of two CFDs in 2000 and 2008 for the Tejon Ranch Public Facilities Financing Authority (“Authority”) that will pay for the costs of public improvements, including street and highway improvements, water and sewer improvements, and public safety facilities. In 2014, DTA assisted the City with the sale of $81.2 million in refunding bonds for the CFD. DTA also assisted the Authority with the sale of $22.5 million in refunding bonds in 2012 for CFD No. 2000-1 and $15 million in new money bonds in 2015 for CFD No. 2008-1.
DTA has also assisted the Authority since the formation of both CFDs with annual administration tasks. For fiscal year 2025-26, DTA enrolled over $7.57 million in taxes for the Authority’s CFDs .
Lastly, DTA performs a review of reimbursement packages submitted by Tejon Industrial Corporation ("TIC") for the reimbursement of planning, design, and construction costs for the Tejon Industrial Complex. As part of our role, DTA verifies that the submittal package is complete and accurate and consistent with the Acquisition Agreement, including proof of payment, evidence of satisfactory completion, invoice documentation, consistency with signed contracts and change orders, lien releases where appropriate, and mathematical accuracy. DTA then provides direction to the Authority for the reimbursement, if applicable.
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16 SECTION E
EXPERIENCE AND REFERENCES
City of Banning September 17, 2025
Proposal for DIF Auditing – Verification of Eligible Developer Credits www.FinanceDTA.com
2.c City of Fontana
Table 4: Reference Information
Contact Name Justin Marietta
Title Accountant II
Address 8583 Sierra Avenue, Fontana, CA 92335
Phone Number (909) 350-6608
E-mail Address [email protected]
Project Dates 2004-Present
DTA has served as the City’s Special Tax Consultant for over 20 years and we have considerable experience in assisting the City with CFD formations that have financed public infrastructure. In addition, for fiscal year 2024-25, we submitted over $42 million in special taxes on over 48,000 parcels located in the City’s existing CFDs. Our firm has provided special tax consulting services relating to all 11 of the City’s CFDs that have issued bonds, including the original formation of each district and issuance of special tax bonds (and refunding bonds for eligible districts). DTA has also provided consulting services related to the restructuring and successful issuance of refunding bonds to cure the bond defaults of CFD No. 90-3 (now encumbered by CFD No. 22). DTA routinely works actively with the City’s finance team in determining the letter of credit requirements for certain CFDs and on implementing the provisions of applicable rate and methods for certain CFDs during annual CFD administration. In addition, DTA was most recently hired by the City in 2025 to provide CFD reimbursement engineering services and related services.
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Public Finance
Public-Private Partnerships
Development Economics
Clean Energy Bonds
11801 PIERCE STREET, SUITE 200
RIVERSIDE, CA 92505
PHONE: (800) 969-4DTA
www.FinanceDTA.com
608
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Nicole Jews, Human Resources Manager
Art Vela, Interim City Manager
MEETING DATE: October 28, 2025
SUBJECT: Consideration of Resolution 2025-153, Amending the Classification and Compensation Plan, Position Title Change
RECOMMENDATION:
Adopt Resolution 2025-153
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, 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:
Finance Department-Purchasing
Title change for the Chief Procurement Officer (CPO) (Job Code 2058) to Purchasing Manager (Job Code 2047) Range T85. The city would like to revert the Chief Procurement Officer title back to Purchasing Manager. The Purchasing Manager title aligns closer with the duties of controlling costs and the transactional aspects of buying and focusing on processing purchase orders, receiving goods, and arranging payments.
The city will so correct the Municipal Code 3.24 and B-30 Procurement Policy which makes mention to a the "Purchasing Officer" throughout the Code and Policy, back to "Purchasing Manager." Staff is requesting Council to approve the title change to Purchasing Manager.
FISCAL IMPACT:
Position/Range Proposed Salary Range Current Salary Range Proposed Based Wage
Difference
Purchasing
Manager/T85
$ 149,622.07 $ 0.00 $ 149,622.07
609
Chief Procurement
Officer/T85
$ 0.00 $ 149,622.07 $ -149,622.07
Total Annual Fiscal
Impact
$ 0
ALTERNATIVES:
Do not adopt Resolution 2025-153 and provide alternative direction to staff.
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Purchasing Manager_10282025.pdf
2. Resolution_2025-153__Consideration_of_Classification___Compensation_Changes.docx 610
JOB DESCRIPTION
TITLE: Purchasing Manager JOB CODE: 2047
DEPARTMENT: Fiscal Services FLSA STATUS: Exempt
REPORTS TO: FINANCE DIRECTOR UNION STATUS: Represented
SUPERVISES: Purchasing Division EFFECTIVE DATE: 03/08/2005 SALARY RANGE: T85 ($113,416.28 - $153,438.33) REVISED DATE: 10/28/2025
JOB PURPOSE/SUMMARY
Under general supervision of the Finance Director, this position is responsible for the supervision and organization of the City’s centralized purchasing activities and related work as assigned. Serves as a technical procurement resource for City’s management, employees, and the public.
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. • 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.
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 are 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 - R.E.A.D.Y.
▪ Respectful
▪ Enthusiastic
▪ Accountable
▪ Dedication
▪ Yes-Minded
611
ESSENTIAL FUNCTIONS
This is a single position class that functions as a division head and is accountable for managing and supervising the day-to-day operations and activities of procurement for the City. 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. ▪ Supervise the City’s centralized purchasing activities. Plan, coordinate, prioritize, monitor and participate in the purchasing of commonly used materials, supplies, equipment and services by the City.
▪ Participate in the development and implementation of goals, objectives, policies, and priorities for the Purchasing Division; identify resource needs, recommend and implement policies, procedures, rules, regulations and ordinances. Assist in the development of City policies and procedures involving the acquisition of supplies or services.
▪ Administer applicable contracts; review and approve purchase requests for completeness, accuracy and compliance with purchasing and budgetary policies and procedures, and issue purchase orders accordingly.
▪ Direct, coordinate and review the work plan for the Purchasing Division; meet with staff to identify and resolve problems; assign work activities and projects; monitor workflow; review and evaluate work products, methods and procedures.
▪ Supervise and train division personnel; assume responsibility for motivating and evaluating assigned personnel and initiating disciplinary procedures as appropriate. ▪ Maintain appropriate work records and documents which may include purchase orders, purchase reports, proposals and other documentation; prepare statistical and/or analytical reports on operations as necessary.
▪ Research, analyze and develop diversified and reliable sources of supplies. Establish and maintain contracts and negotiate with vendors; keep informed of new products; and evaluate vendor performance.
▪ Develop and implement formal and informal bidding policies; develop bid documents and competitive solicitations; conduct public bid openings; analyze bids against specifications and prepare bid analysis; compose and prepare staff reports; recommend award of contracts and/or purchase orders in accordance with all laws, City ordinances, and policies; develop other documents as necessary. ▪ Stay abreast of current and long-range trends in the field of purchasing and supply; attend seminar and professional meetings as necessary.
▪ Develop and administer the budget for the Purchasing Division; monitor and approve expenditures; recommend adjustments as necessary.
▪ Coordinate purchasing services with other City departments, divisions, and outside agencies. Serve as a technical resource to other departments; assist departments with budget estimates for the purchase of materials and equipment. Assume responsibility as liaison between vendors and City departments relative to procurement activities.
KNOWLEDGE OF:
▪ City, County, State and Federal statutes, rules, regulations, ordinances, codes, administrative policies and other operational guidelines and directives for purchasing for a municipality. ▪ Modern and complex principles and practices of governmental purchasing, and methods and techniques of statistics.
▪ Methods and techniques for report preparation, writing, and record keeping. ▪ Principles of supervision, training, and performance evaluation. ▪ Principles of contract negotiation and administration. ▪ Safe driving principles and practices.
▪ Modern office practices, methods, and computer equipment.
ABILITY TO:
▪ Read, understand, interpret, and apply relevant City, County, State and Federal statutes, rules, regulations, ordinances, codes, administrative orders, policies and procedures and other operational guidelines and directives.
▪ Manage and coordinate the work of technical and administrative support personnel. ▪ Select, train, supervise, and evaluate staff.
612
▪ Effectively handle a variety of assignment simultaneously. ▪ Analyze and evaluate data and prepare comprehensive reports and studies. ▪ Communicate clearly and concisely.
▪ Plan, organize, and coordinate the City’s purchasing operations. ▪ Prepare oral presentations and written reports.
▪ Work independently.
▪ Establish and maintain effective working relationships.
SKILL TO:
▪ Operate a computer and applicable software.
▪ Effectively operate a motor vehicle on city streets.
▪ Monitor market conditions, current prices, trade names, and brands related to purchasing for a municipality.
MINIMUM QUALIFICATIONS:
• A Bachelor’s degree in Business Administration, Marketing, Accounting or a related field from a regionally accredited college or university.
• Three (3) years of professional purchasing experience including one (1) year in a supervisory capacity.
• A valid California Class C Driver License (If currently in possession of a valid driver’s license from another state, a valid California Class C Driver License must be obtained within 30 days of employment).
PREFERRED QUALIFICATIONS:
• Possession of a Certified Professional Purchasing Manager (CPPM) certification or a Certified Purchasing Professional (CPP) certification.
• Professional work experience in purchasing within a municipality or related public agency.
WORKING ENVIRONMENT:
Indoor office environment with moderate noise level and subject to constant interruptions. Work may need to be performed outside of traditional work hours and attendance at meetings held in the evening may occasionally be required.
PHYSICAL DEMANDS:
This position requires prolonged sitting, standing, walking, reaching, twisting, and turning, kneeling, bending, squatting, and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement, and fine coordination in preparing documents and reports and data using a computer keyboard. Additionally, the position requires near vision in reading correspondence, statistical data and using a computer, and acute hearing is required when providing phone service and communicating in person.
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.
Former title: Chief Procurement Official
613
Resolution 2025-153
RESOLUTION 2025-153
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, the proposed title change of the Chief Procurement Officer to a Purchasing Manager; 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. The City Council approves the following updated position control for Fiscal Year 2025-26:. Title change of the Chief Procurement Officer (T85) to a Purchasing Manager.
SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 28th day of October 2025.
Sheri Flynn, Mayor
City of Banning
ATTEST:
Sandra Calderon,
Acting Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkey, City Attorney
SLOVAK BARON EMPEY MURPHY &
PINKNEY LLP
614
Resolution 2025-153
CERTIFICATION:
I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-153, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 28th day of October 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon,
Acting Administrative City Clerk
City of Banning, California
615
Resolution 2025-153
Exhibit A
Purchasing Manager Job Description
616
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: October 28, 2025
SUBJECT: Consideration of Resolution 2025-154, a Resolution of the City Council of the City of Banning Approving a License Agreement between the City of Banning and Kids Cures Foundation for the Use of the Art Welch Community Center located at 2041 Nicolet Street in Banning, California.
RECOMMENDATION:
Adopt Resolution 2025-154
BACKGROUND:
The City of Banning owns the Art Welch Community Center, formally named the Armory Building located at 2041 Nicolet Street. The property was leased to the State of California until January of 2020. The Art Welch Community Center currently is used for a number of activities: 1) The Parks and Recreation Department one of the rooms to store equipment and supplies and the department offers some recreation programming in the facility; 2) The facility houses a local HAM radio club, through a similar license agreement in one of the small office rooms; and 3) The Kids Cures feeding program uses the facility for food storage and to offer their monthly food distribution program.
At the December 14, 2021 meeting of the City Council, the Council adopted Resolution 2021-127 approving a license agreement with Kids Cures Foundation, allowing them to use one large storage room, located on the northwest corner of the building and an adjacent space, approximately 22’ x 40’ on the main warehouse floor for Kids Cures to adequately store their food and supplies and to offer their monthly food distribution program. The initial license agreement was for a three-year term, with the ability to extend the agreement if mutually agreed upon. The agreement expired in December of 2024 and there was a belief that an extension had been agreed upon, and completed and approved extension was not completed. Kids Cures has continued to use the site and complied with all requirements of the agreement after the expiration including maintaining and providing insurance for use of the facility, paying an annual rental fee of $1 and a monthly utility fee of $100.
As part of a Climate Resiliency grant that was awarded to the city, a consultant has been brought on to develop a long-range plan for the Art Welch Community Center facility. The grant scope has plans for the facility to be a long-term option to house the City's EOC when activated and operate as a Community Center/Resiliency Center to provide needed services for the community. The creation of the plan is expected to last a year to a year and a half, after which depending on funding, the availability for housing a program like this may change. For that reason, this new draft license agreement has a one-year term with options to extend subsequent years as direction and facility availability warrant.
The agreement requires Kids Cures Foundation to indemnify the City of Banning and continue to maintain in full force the required insurance for use of the premises and their operations. Kids Cures 617
Foundation is a nonprofit 501(c)(3) corporation and the annual rent for the license will be $1.00.
Additionally, Kids Cures shall pay a portion of the electricity costs for the building of $100.00 per month.
Based on electric consumption in the building over the last twelve months and taking into consideration the Banning Electric utilities recently adopted rate changes, the average monthly electricity charges are estimated to be $220.00 to $300.00. The license agreement allows for a change to the monthly electric fee if the City enters into subsequent license agreements for use of the shared building space during the term of the agreement.
JUSTIFICATION:
The facility is used for storage and programming as possible but at this time, the space being used by the Kids Cures Foundation does not have another planned use. The Kids Cures Foundation has been serving the City of Banning for many years with monthly food distribution events taking place in the Community Center Parking Lot prior to the original license agreement for use of the Art Welch Community Center. The food distributions generally occur on the 4th Saturday of the month with up to 300 families in need are provided with food and supplies each month.
FISCAL IMPACT:
In the near term, there are no formalized planned uses of the building that are in conflict with this license agreement. However, the agreement has a term of one-year and does allow for a 60-day termination without cause if the City decides there is a more effective use of this space. As part of the license agreement, Kids Cures Foundation will pay for a share of the electric costs in the building.
ALTERNATIVES:
Do not adopt Resolution 2025-154 and provide alternative direction.
BUDGETED?:
No
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
1. Resolution_2025-154.docx
2. Draft License Agreement_KidsCures Foundation_Oct 2025.pdf 618
Resolution 2025-154
RESOLUTION 2025-154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA
APPROVING THE LICENSE AGREEMENT BETWEEN KIDS CURES FOUNDATION
AND THE CITY OF BANNING FOR USE OF THE ART WELCH COMMUNITY CENTER LOCATED AT 2041 NICOLET STREET IN BANNING CA
WHEREAS, the “Art Welch Community Center,” located at 2041 Nicolet Street in Banning CA, is owned by the City of Banning; and
WHEREAS, Kids Cures Foundation, is a nonprofit corporation that runs a feeding program that significantly benefits Banning residents in need as well as the San Gorgonio Pass area as a whole; and
WHEREAS, the City Council of the City of Banning adopted Resolution 2021-127 at their December 14, 2021 regular meeting, approving a license agreement between the City of Banning and Kids Cures Foundation to store their food supplies and hosting monthly food distributions at the Art Welch Community Center; and WHEREAS, although the license agreement expired in December 2024, the Kids Cures Foundation continues to use the facility as per the parameters set forth in the license agreement; and
WHEREAS, the Kids Cures Foundation has abided by the terms of the license agreement and has made annual lease fees of $1 and monthly utility fees of $100; and WHEREAS, both the City of Banning and Kids Cures Foundation want to enter into a new license agreement for use of the property; and WHEREAS, the approval of this agreement will ensure Kids Cures Foundation’s continued operation as a valuable nonprofit that supports the City of Banning and its residents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves the license agreement with Kids Cures Foundation for the license agreement for use of the Art Welch Community Center for a one-year term in an amount of $1 annually and $100 a month for utilities and subsequent amendments to extend the Agreement for additional one-year terms upon satisfactory performance.
SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the license agreement and to execute the license agreement with Kids Cures Foundation on behalf of the City Council.
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Resolution 2025-154
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 28th day of October 2025.
Sheri Flynn
Mayor City of Banning
ATTEST:
Sandra Calderon, Acting Administrative
City Clerk, City of Banning
APPROVED AS TO FORM AND
LEGAL CONTENT:
John O. Pinkney, City Attorney
SLOVAK BARON EMPEY MURPHY &
PINKNEY LLP
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Resolution 2025-154
CERTIFICATION:
I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-154, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 28th day of October 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Acting Administrative City
Clerk, City of Banning, California
621
11303-0003\2610590v3.doc
LICENSE AGREEMENT FOR USE OF REAL PROPERTY
BETWEEN THE CITY OF BANNING AND KIDS CURES FOUNDATION
This LICENSE AGREEMENT FOR USE OF REAL PROPERTY BETWEEN THE CITY OF BANNING AND KIDS CURES FOUNDATION (“Agreement”), is dated as of the 28th day of October 2025 and is entered into by and between the City of Banning (the “City”), and the Kids Cures Foundation, a California non-profit 501(c)(3) corporation (Licensee) for property described herein.
RECITALS
A. The City is the owner of certain real property located in the City of Banning, County of Riverside, State of California, on which is located the Art Welch Community Center formerly called the Armory Building, located at 2041 Nicolet Street, and more particularly described on Exhibit “ A” (“Property”).
B. The property was leased to the State of California until January of 2020.
C. In December 2021, the City entered a three (3) year license agreement with Licensee for use of the space in the Armory building for the feeding program. After the expiration of the license agreement, Licensee has continued to use the facility, paid the established monthly and yearly fee, and provided all insurance as required.
D. The City is agreeable to enter into a new license agreement with Licensee to allow Licensee to use a portion of the interior space within the building (the Premises), as specified and depicted on Exhibit A, subject to the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the foregoing recitals, the sum listed below, the mutual terms and covenants hereinafter set forth, and other consideration, the sufficiency of which is hereby acknowledged, City and Licensee hereby agree as follows:
1. LICENSE USE.
A. A portion of the interior building on the premises, including the northwestern room and an approximately 22’ x 40’ section of the central warehouse floor adjacent to the northwestern room of the building on the property are hereby permitted to be used by the Licensee for administration and storage purposes. These permitted areas of the building shall be referred to herein as the “Premises” or “licensed Premises.”
B. The Premises shall not be used for any other purpose without first obtaining written consent of City, which consent shall not be unreasonably withheld.
C. The Licensee shall have access to the building through the main doorways and rollup door as well as the parking lot and gate access of the Property.
D. The Licensee will be provided two sets of keys to each of the locks on the building in which the Premises are located as well as an active alarm code if applicable. 622
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E. Schedule of activities: The Licensee shall store food and product in the Premises covered in this license Agreement, is allowed to receive deliveries to the Premises and have staff and volunteers access the Premises for the purpose of inventorying, receiving, and delivering food for their clients.
F. The Licensee shall annually complete a Facility Use Application (FUA) to provide an accurate schedule of all the activities and monthly distribution events to the City including dates and times for the scheduled events.
G. Other than scheduled monthly distribution events, the Licensee shall not be allowed to have clients on the Property or within the licensed Premises.
2. GRANT OF LICENSE: TERM.
A. Term: This License Agreement shall be for a period of one (1) year, commencing on the date of execution of this Agreement
B. Rent: Licensee shall pay the sum of one dollar annually to City as a license fee for use of the Premises. The license fee shall be paid by June 1st annually for the Term of the License.
C. Utilities: Licensee shall pay the sum of $100.00 per month to the City as payment for electricity charges unless amended per Section Three (3) of this Agreement.
D. Extensions: The Agreement may be extended for additional one (1) year terms, with the mutual consent of both parties.
E. Option to terminate: Either party to this License Agreement may terminate this Agreement and the License with or without cause by giving the other party sixty (60) days advanced written notice. Licensee shall have twenty (20), working days from the termination date of the License to remove all personal property from the Premises and the Property.
F. If the Licensee continues to occupy the Premises or Property after the expiration or termination of this Agreement, holding over will not be considered to operate as a renewal or extension of this Agreement. Licensee hereby waives any and all rights to assert hardship as a defense to any unlawful detainer or similar proceeding by City for possession.
G. Notwithstanding any provision in this Agreement to the contrary or any negotiation, correspondence, course of performance or dealing, or other statements or acts by or between the parties, the Licensee’s rights in the Property are limited to the rights created by this Agreement, which create only a license in the Property, which is revocable only as set forth expressly herein. The City and Licensee do not by this instrument intend to create a lease, easement or other real property interest. The Licensee has no real property interest in the Property. 623
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H. This License Agreement is specific to the Licensee and may not be transferred or assigned in any manner, without the prior written approval of the City in its sole and absolute discretion. Additionally, Licensee shall not enter into any “sublicenses” without the prior written approval of City in its sole and absolute discretion.
PERMITS AND FEES.
I. Licensee shall secure and maintain, at its own expense, all necessary permits it may be required to obtain and/or hold, and Licensee shall pay for all fees and taxes levied by an authorized public entity.
3. UTILITIES.
A. Licensee is responsible for paying a monthly electric charge of $100.00 during the term of this Agreement.
B. In the event the City enters into a license agreement with another entity within the same building on the Property or significant changes to the Premises occur that result in significant increases in electric consumption, upon mutual consent of the parties, this section may be amended, and the monthly sum may be adjusted.
4. CONSTRUCTION AND MAINTENANCE.
A. Licensee shall keep the Premises used by it in good, clean and safe condition, free of waste and debris, at all times.
B. The Licensee shall not permit any liens to be placed or remain on the Property by virtue of use or activities under this Agreement.
C. On Site Improvements by Licensee.
a. The Licensee may install security fencing within the building on the Property around the approximate 22’ x 40’ section of the main warehouse floor to secure their product.
b. The Licensee shall not remove, damage or alter in any way any existing improvements or personal property of the City within the Property, or construct any additional improvements, without City’s prior written approval in the City’s sole and absolute discretion.
c. The Licensee shall promptly repair any damage to City’s property to the same condition that existed before the damage, reasonable wear and tear excepted.
d. Any alterations, improvements or installation of fixtures to be undertaken by Licensee shall have the prior written consent of City after Licensee has 624
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submitted proposed plans for such alterations, improvements or fixtures to City in writing.
e. All alterations and improvements to be made, and fixtures installed, or caused to be made and installed by Licensee shall become the property of City with the exception of trade fixtures as such term is used in section 1019 of the California Civil Code.
f. At or prior to the expiration of this License, Licensee may remove such trade fixtures; provided, however, that such removal does not cause injury or damage to the Premises, or in the event it does, Licensee shall restore the Premises to their original shape and condition as nearly as practicable. In the event such trade fixtures are not removed, City may, at its election, either: (1) remove and store such fixtures and restore the Premises for the account of Licensee, and in such event, Licensee shall within thirty (30) days after billing and accounting therefore reimburse City for the costs so incurred, or (2) take and hold such fixtures as its sole property.
5. SIGNS. Licensee shall not erect, maintain or display any signs or other forms of advertising upon the Premises without first obtaining the written approval of City, which approval shall not be unreasonably withheld.
6. HAZARDOUS MATERIALS. Licensee shall not use, store, transport or release any Hazardous Substance in, on or near the Property. The term “Hazardous Substance” shall mean any and all of the any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.;the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. § 2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. § 136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. § 6901, et seq.; the Clean Air Act, 42 U.S.C. § 7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. § 300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. § 1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. § 11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§ 655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) § 25100, et seq.; the Hazardous Substance Account Act, H.&S.C. § 25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. § 25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. § 25280, et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. § 25300, et seq.; the Hazardous Waste Management Act, H.&S.C.§25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code § 13000, etseq., all as they may from time to time be amended; any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, 625
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rule, regulation, order or decree due to its hazardous, toxic or dangerous nature; any petroleum, crude oil or any substance, product, waste, or other material of any nature whatsoever which contains gasoline, diesel fuel or other petroleum hydrocarbons other than petroleum and petroleum products contained within regularly operated motor vehicles; and polychlorinated biphenyls (PCB), radon gas, urea formaldehyde, asbestos and lead.
7. INDEMNIFICATION. The Licensee shall indemnify, hold harmless and defend the City and each of its councilmembers, officers, employees, agents and volunteers from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage, including damage by fire or other casualty) incurred by the City, the Licensee or any other person (including attorney’s fe.es and litigation expenses), arising or alleged to have arisen directly or indirectly out of: (a) the occupancy, maintenance and use of the Property by Licensee or its contractors, or invitees and/or; (b) the breach or performance of this Agreement by Licensee or its contractors or invitees. The Licensee’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers.
Should the Licensee contract any work on the Property or subcontract any of its obligations under this License, the Licensee shall first notify City in writing and shall require each consultant, contractor and subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This requirement shall survive termination or expiration of this Agreement.
8. INSURANCE. Throughout the term of this Agreement, the Licensee shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide, or (ii) authorized by the City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
i. COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as Insurance Services Office (ISO) form CG 00 01 and shall include insurance for “bodily injury” and “property damage”, including premises and operation, completed operations and contractual liability (including, without limitation, indemnity obligations under this Lease) with limits of liability of not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury and property damage.
ii. COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto 626
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Coverage Form CA 00 01, and include coverage for all owned, hired, and nonowned 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. iii. WORKERS’ COMPENSATION insurance as required under the California Labor Code.
iv. PROPERTY insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.
In the event the Licensee 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).
The Licensee shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and the Licensee shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, agents and volunteers; or (ii) the Licensee shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City, its officers, officials, employees, agents or volunteers be responsible for the payment of any deductibles or self-insured retentions.
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 thirty (30) calendar day written notice by certified mail, return receipt requested, has been given to the City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, nonrenewal, or reduction in coverage or in limits, the Licensee shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during this Agreement, the Licensee shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.
The General Liability insurance policy shall be written on an occurrence form and shall name the City and its officers, officials, employees, agents and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so the Licensees’ insurance shall be primary and no contribution shall be required of the City, its officers, officials, employees, agents or volunteers. 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 coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. Should the Licensee 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 the Licensee. Any Workers’ Compensation 627
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insurance policy shall contain a waiver of subrogation as to Landlord and its officers, officials, employees, agents and volunteers. The Property insurance policy shall name the City as a loss payee.
Upon request of the City, the Licensee shall immediately furnish the City with a complete copy of any insurance policy required under this License, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy.
This requirement shall survive expiration or termination of this Agreement.
The fact that insurance is obtained by the Licensee shall not be deemed to release or diminish the liability of the Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the 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 the Licensee. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Licensee, its board members, officers, officials, employees, members, agents, volunteers, persons under the supervision of the Licensee, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
The Licensee and its insurers hereby waive all rights of recovery against the City and its officers, officials, employees, agents and volunteers, on account of injury, loss by or damage to the Licensee or its board members, officers, officials, employees, members, agents, volunteers, persons under the supervision of the Licensee, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them, or its property or the property of others under its care, custody and control. The Licensee shall give notice to its insurers that this waiver of subrogation is contained in this Agreement. This requirement shall survive termination or expiration of this Agreement.
If the Licensee should contract any work on the Property or subcontract any of its obligations under this Agreement. the Licensee shall require each consultant, contractor and subcontractor to provide insurance protection in favor of the City, its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the consultants’, contractors’ or subcontractors’ certificates and endorsements shall be on file with the Licensee and the City prior to the commencement of any work by the consultant, contractor or subcontractor.
9. DAMAGE OR DESTRUCTION. The City has no obligation to reimburse the Licensee for the loss of or damage to fixtures, equipment or other personal property, except for loss or damage as is caused by the gross negligence or willful misconduct of City or its officers, employees or agents. The Licensee may insure all fixtures, equipment or other personal property for its own protection if it so desires.
10. SURRENDER OF POSSESSION. Upon the expiration or termination of this Agreement, the Licensee’s right to occupy the Property and exercise the privileges and rights granted 628
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under this Agreement shall cease, and it shall surrender and leave the Property in good condition, normal wear and tear and casualty not caused by Licensee excepted. Upon the expiration or earlier termination of this Agreement, Licensee shall immediately remove all personal property, and if Licensee fails to do so, City may retain or dispose of the same in any manner without liability to Licensee, and Licensee hereby waives all laws and statutes to the contrary.
11. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS.
A. The Licensee represents and warrants to the City that: (i) Licensee and its authorized signatory, have full right, power and authority to execute this Agreement; and (ii) Licensee’s execution and performance of this Agreement will not violate any laws, ordinances, covenants, mortgages, licenses or other agreements binding on the Licensee.
B. The Licensee has studied and inspected the Property and accepts the same “AS IS” without any express or implied warranties of any kind (including any warranties or representations by City as to title or its condition or fitness for any use) and subject to all matters of record.
12. NOTICES. Except as otherwise provided, all notices required or permitted to be given under this License must be in writing and addressed to the parties at their respective notice addresses set forth below. Notices must be given by reputable overnight messenger or by first-class certified mail, postage prepaid. Notices will be deemed effectively given in the case of mailing, three (3) days following deposit into the custody of the United States Postal Service as certified mail, or one (1) business day after delivery to a reputable overnight messenger service for overnight delivery. The notice addresses of the parties are as follows:
If to City: City of Banning
789 N. San Gorgonio Ave
Banning, California 92220
Attention: Parks and Recreation Director
If to Licensee: Kids Cures Foundation
906 Beaumont Ave.
Beaumont, CA 92223
Attention: Shannon Smith
13. SEVERABILITY. If any provision of this Agreement is declared invalid by a court of competent jurisdiction, the remaining terms shall remain effective, provided that elimination of the invalid provision does not materially prejudice either party with regard to its respective rights and obligations; in the event of material prejudice, then the adversely affected party may terminate this Agreement.
14. POSSESSORY INTEREST TAXES. The Licensee acknowledges that this License may create a possessory interest subject to taxation and that the Licensee may be subject to payment of any and all taxes levied on that possessory interest. 629
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15. RULES AND REGULATIONS. The Licensee shall at all times comply with all federal, state and local laws, ordinances, rules and regulations which are applicable to its operations and the Property, including all laws, ordinances, rules and regulations adopted after the Effective Date. The Licensee shall display to City, upon request, any permits, licenses or other evidence of compliance with the law.
16. RIGHT OF ENTRY RESERVED. The City may, at any time, enter the Property for any lawful purpose, so long as the action does not unreasonably interfere with the Licensee’s use or occupancy of the Property. Exercise of any of the foregoing rights by the City or others pursuant to City’s rights shall not constitute an eviction of the Licensee, nor be made the grounds for any abatement of rent or any claim for damages.
17. TIME OF ESSENCE. Time is of the essence of every provision hereof in which time is a factor.
CITY OF BANNING
By:
Art Vela,
Interim City Manager
KIDS CURES FOUNDATION, a non-profit
501 (c)(3) corporation
By:
Shannon Smith
Executive Director
Attest:
Sandra Calderon,
Acting Deputy City Clerk
Approved as to Form:
By:
John O. Pinkney
City Attorney
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EXHIBIT "A"
DESCRIPTION OF “PROPERTY” AND THE LICENSED “PREMISES”
WITHIN THE BUILDING ON THE PROPERTY
A. PROPERTY
THE PROPERTY REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BANNING, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
The lot (s) of property that together comprise all property located at 2041 Nicolet Street, Banning, California, 92220 and which are within APN 538-082-013.
B. PREMISES
The square footage within Art Welch Community Center located on the Property at 2041 Nicolet Street, Banning, CA 92220, as described below:
The northwestern room in the Art Welch Community Center Approximately 24’ x 36’ and includes two existing access doors.
A section of the warehouse floor directly adjacent to the northwestern room in the building approximately 22’ x 40’. (Diagram of building floorplan on next page)
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Art Welch Community Center
Building Floorplan
(Not to scale) 20th street
Nicolet Street
East
Entry Foyer
Office Office
1 2 Kitchen
Women's RR
Men's RR
East
Parking
Lot
Space
included with
license
Space
Included
With License
Rear Parking Lot access
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CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Mary Yaryan, Associate Planner
David Newell, Community Development Director
MEETING DATE: October 28, 2025
SUBJECT: Consideration of Resolution 2025-150, Approving a Tentative Tract Map Application (Case No. TTM 38408 / PLN 24-0148), Submitted by Tilak Chopra to Subdivide Two Parcels Totaling 2.83 Acres into Eleven Residential Lots Located South of George Street and West of Cherry Street in the Low Density Residential (LDR) Zone.
RECOMMENDATION:
Adopt Resolution 2025-150.
BACKGROUND:
Property Owner: Tilak Chopra
3270 W. Lincoln, LLC
19871 Yorba Linda Blvd, Ste 102
Yorba Linda, CA 92886
Representative: Angel Cesar
Blue Engineering
9320 Baseline Rd, Ste D
Rancho Cucamonga , CA 91701
Planning Commission Recommendation:
At the duly noticed public hearing on September 3, 2025, the Planning Commission considered the subject Tentative Tract Map application, Case No. 38408 (PLN 24-0148). After receiving the staff presentation, reviewing the project materials, and taking public testimony, the Planning Commission voted 5-0 to adopt Resolution 2025-07, recommending that the City Council approve Case No. TTM 38408 (PLN 24-0148), subject to the conditions of approval contained in Exhibit A. 633
Project Summary:
This is a request to allow the subdivision of two vacant parcels (APNs: 541-082-017 and 541-082-021), totaling approximately 2.83 acres, into eleven single-family residential lots and one lettered lot for a stormwater basin. The property extends from George Street to the north, Nicolet Street to the south, and is approximately 300 feet west of Cherry Street. Each proposed lot will meet or exceed the minimum 7,000-square-foot lot size requirement of the Low Density Residential (LDR) zoning district.
The subdivision will include internal local street access, utility connections, and drainage improvements designed in conformance with City standards. The lettered lot will be privately maintained and used for stormwater retention. Public Works improvements, including the construction of full-width streets improvements with curb, gutter, and sidewalk, will be required as part of the final map and improvement plan process.
Applications Filed:
Tentative Tract Map application, TTM 38408 (PLN 24-0148) for the subdivision of the 2.83-acre site into eleven (11) lots for development purposes ranging in size from 7,000 sq. ft. to 11,698 sq. ft. and one lettered lot for stormwater retention. The City Council shall review the Tentative Tract Map application for conformance with Section 66474 of the Subdivision Map Act and Banning Municipal Code Title 16.
Related Actions:
On October 4, 2023, the Planning Commission continued the project to allow additional time to address concerns with the design of the half cul-de-sac. The Commission voted to continue the item to the regular Planning Commission meeting of December 6, 2023.
On December 6, 2023, the Planning Commission voted to continue the item off calendar with no further discussion.
On March 6, 2024, the Planning Commission discussed the project and continued the item to allow additional time for staff to work with the applicant to address comments and direction.
On September 3, 2025, the Planning Commission voted 5-0 to recommend approval of the application, subject to conditions.
DESCRIPTION:
Existing Conditions:
The project site is vacant and previously disturbed for weed control. No structures currently exist on the property. Surrounding land uses include Low Density Residential (LDR) residential neighborhoods to the south, east, and west, and Roosevelt Williams Park to the north.
Existing Street Improvement Conditions
Street Name Travel Lanes Curb & Gutter Sidewalk
East George Street Partial N N
East Nicolet Street Partial N N
634
Surrounding Property
Existing Land Use Per
Chapter 17
Existing General Plan
Designation
Existing Zoning
Designation
Subject Property Vacant Low Density Residential Low Density Residential North Roosevelt - Williams Park Open Space - Parks Open Space - Parks South
Single Family Homes,
Existing
Low Density Residential Low Density Residential
East
Single Family Homes,
Existing
Low Density Residential Low Density Residential
West
Single Family Homes,
Existing
Low Density Residential Low Density Residential
Project Compliance with Standards:
Pursuant to BZO Section 17.08.030, the following development standards apply:
Low Density Residential Standard Required/Allowed
Max. Density (Units/Ac.) 0-5
Min. Lot Size 7,000
Min. Lot Width (Feet) 70
Min. Lot Depth (Feet) 90
Min. Setbacks
Front
Rear
Side
20 15
10 Max. Bldg. Coverage 40%
Min. Private Outdoor Space (SF) N/A
Min. Common Outdoor Space (SF) N/A
Max. Building Height 2 Stories, 35 Feet
Perimeter Wall Height
North
South
East
West
6 Feet
6 Feet
6 Feet
6 Feet
Floor Area Ratio (FAR)
One-story home
Two-story home
.35
.60
Site Plan:
The subdivision design establishes an internal local street extending south from East George Street, terminating in a cul-de-sac that provides access to 9 of the 11 residential lots. The nine single-family residential lots are arranged along both sides of the internal street, and two residential lots with access from East Nicolet Street. The residential lot sizes range from 7,000 sq. ft. to 11,698 sq. ft., consistent with the Low Density Residential (LDR) zone. Vehicular access is provided from East George Street to nine lots and East Nicolet Street to two lots. Final design of frontage improvements, including curb, gutter, and sidewalk, will be reviewed and required by the City Engineer through the Public Works conditions of approval. Utilities and storm drain improvements will be constructed within the dedicated right of way.
635
The subdivision also includes Lot A (Lettered Lot), located in the southern area of the tract, south of the end of the proposed cul-de-sac, to serve as a privately maintained stormwater basin. This lot is designed to retain and manage on-site drainage in compliance with City stormwater standards.
Mass and Scale:
No homes are proposed at this time. The subdivision will establish lots that are consistent in size and pattern with adjacent single-family residential neighborhoods. Any future home construction will require separate Design Review approval prior to building permit issuance to ensure compatibility with surrounding development and compliance with LDR standards.
Buffers and Open Space:
The subdivision orients lots toward the new local street, providing a transition from E George St and to surrounding single-family homes. Perimeter fencing and landscaped side yards along E George St will be required as conditions of approval to ensure compatibility.
Grading and Topography:
The project site is generally flat with a gentle north to south downhill grade and minor contour variations.
Based on the applicant’s submittal and to staff’s knowledge, no significant grading is proposed with the tentative tract map. Limited earthwork will occur only as necessary for weed control and routine site maintenance and will not substantially alter site topography or drainage patterns. Precise grading plans and permits will be required prior to the issuance of building permits for any new home. Stormwater runoff will be directed toward Lot A, the stormwater basin, in accordance with City standards.
JUSTIFICATION:
FINDINGS:
Tentative Tract/Parcel Map:
Pursuant to Section 66474 of the Subdivision Map Act, there are seven findings that must be met to justify approval of a Tentative Map application. Staff analyzed the application against these findings for Tentative Tract Map No. 38408 (PLN 24-0148) below. The Planning Commission included these findings in its recommendation for approval to the City Council:
Finding A: The proposed Tentative Tract Map or Tentative Parcel Map is consistent with the General Plan.
Finding of Fact: The General Plan designates the site as Low Density Residential (0–5 du/ac). The proposed subdivision of two parcels into eleven residential lots and one lettered lot that each exceeds the 7,000 sq. ft. minimum lot size and maintains a density within the General Plan range. The design is compatible with surrounding neighborhoods and furthers the General Plan’s policies on neighborhood character and land use compatibility.
636
Finding B: The design and improvements of the proposed Tentative Tract Map or Tentative Parcel Map are consistent with the zoning district in which the property is located.
Finding of Fact: The project meets Low Density Residential (LDR) zoning standards and City design requirements per BMC 17.08, providing adequate vehicular, pedestrian, and emergency access. All streets, utilities, and drainage facilities will be constructed to City standards.
Finding C: The site is physically suited for this type of development.
Finding of Fact: The 2.83-acre site is relatively flat with a gentle north to south downhill grade and will be subdivided into twelve lots that will be compatible in size to other surrounding properties.
Finding D: The subject site is physically suitable for the proposed density of development.
Finding of Fact: The proposed density complies with the Low-Density Residential designation (0–5 du/ac) and the proposed twelve lots is less intensive than the maximum allowed fourteen lots and is appropriate for the site’s size, configuration, and surroundings.
Finding E: 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.
Finding of Fact: The site is surrounded by existing residential uses and a City park, contains no significant vegetation or habitat, and is not identified in the MSHCP as supporting sensitive species.
Finding F: The design of the subdivision or type of improvements is not likely to cause serious public health problems.
Finding of Fact: The subdivision design and future home construction will comply with all applicable City codes, California Building Code requirements, and adopted standards for stormwater management, street improvements, and safety.
Finding G: The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision.
Finding of Fact: No public access easements exist on the site. The project includes the development of a local street and an access easement to be recorded with the Final Map, ensuring emergency and resident access without impacting surrounding neighborhood.
ENVIRONMENTAL DETERMINATION:
The proposed project is categorically exempt under CEQA Guidelines Section 15332 (Class 32 – Infill Development Projects). The project is consistent with the General Plan and Zoning Ordinance, is located within the City limits on a site less than five acres in size, is substantially surrounded by existing urban uses, and is served by all required utilities and public services. The project would not result in significant impacts related to traffic, noise, air quality, or water quality. The project is screened out from Traffic 637
Impact Analysis (TIA) requirements under the City’s adopted TIA Guidelines, as it does not exceed applicable screening thresholds related to Vehicle Miles Traveled (VMT), trip generation, or potential safety concerns. These findings support the determination that the project qualifies for a categorical exemption under CEQA, and a Notice of Exemption (NOE) will be filed in accordance with CEQA requirements.
PUBLIC COMMUNICATION:
On October 17, 2025, a notice of public hearing was mailed to property owners within 300 feet of the project site, notifying the public that the subject application would be considered by the City Council at its regular meeting of October 28, 2025. The notice was also published in the Record Gazette, a newspaper of general circulation within the City of Banning, on October 17, 2025. As of the preparation of this staff report, no public comments have been received either in support of or in opposition to the project.
FISCAL IMPACT:
Approval of Tentative Tract Map No. 38408 (PLN 24-0148) will not result in a direct fiscal impact to the City’s General Fund. The applicant is responsible for all costs associated with the subdivision, including design, construction, and installation of required public improvements. Processing costs have been recovered through application fees. Future development of the site will generate property tax revenue and development impact fees, which will offset the cost of providing municipal services to the new residential lots.
ALTERNATIVES:
1. Adopt the Resolution 2025-150 with Modifications. Approve the Tentative Tract Map but direct staff to modify or add conditions of approval as determined by the City Council.
2. Continue the Public Hearing. Continue the item to a date certain or a future meeting to allow time for additional information, analysis, or project modifications.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. PLN_24-0148_CC_RESOLUTION_2025-150.pdf
2. PLN 24-0148 Conditions of Approval CC.pdf
3. 2025 09 03 Regular PC Meeting Minutes Final.pdf
4. PLN 24-0148 TTM 38408 Plans.pdf
5. PLN 24-0148 GIS Exhibits.pdf
6. PLN 24-0148 NOE.pdf
7. PLN 24-0148_affidavit.pdf
638
Resolution 2025-150
RESOLUTION 2025-150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 38408 (PLN 24-0148), TO ALLOW FOR THE SUBDIVISION OF TWO PARCELS TOTALING 2.83 ACRES INTO ELEVEN RESIDENTIAL LOTS WITH A MINIMUM LOT SIZE OF 7,000 SQUARE FEET AND ONE LETTERED LOT (BASIN) WITHIN THE LOW DENSITY RESIDENTIAL (LDR) ZONING DISTRICT (APN 541-082- 017 AND -021)
WHEREAS, Angel Cesear (“Applicant”), on behalf of Tilak Chopra (“Owner”), has applied for Tentative Tract Map No. 38408, Case No. PLN 24-0148, to allow for the subdivision of two parcels totaling 2.83 acres (APN 541-082-017 and -021) into eleven residential lots with a minimum lot size of 7,000 square feet and one lettered lot (basin) within the Low Density Residential (LDR) zoning district; and
WHEREAS, the Planning Commission has the authority, pursuant to the Subdivision Map Act (Government Code Section 66410 et seq.) and Title 16 (Subdivisions) of the Banning Municipal Code, to make a recommendation to the City Council on Tentative Tract Map applications; and
WHEREAS, on September 3, 2025, the Planning Commission held a duly noticed public hearing on Tentative Tract Map No. 38408, received a staff report, public testimony, and project materials, and voted 5-0 to adopt Resolution 2025-07 recommending the City Council approve the Tentative Tract Map subject to conditions of approval; and WHEREAS, public notice for the October 28, 2025 City Council meeting was published in accordance with State law and the Banning Municipal Code, and written notice was mailed to property owners within 300 feet of the project site; and WHEREAS, the City Council has reviewed the staff report, Planning Commission recommendation, environmental documentation, proposed tentative tract map, supporting materials, and public testimony and finds the project in conformance with the requirements of the Subdivision Map Act, the Banning Municipal Code, the City’s General Plan, and the Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. ENVIRONMENTAL DETERMINATION
The proposed project is subject to environmental review under the California Environmental Quality Act (CEQA). Based on a review of the project scope, site conditions, and supporting documentation, staff has determined that the project qualifies for a Categorical Exemption under CEQA Guidelines Section 15332 (Class 32 – Infill Development Projects). The project is consistent with the General Plan and zoning designations, is located within City limits on a site less than five acres in size, is substantially surrounded by existing urban uses, and has no value as habitat for endangered, rare, or threatened species.
Furthermore, the project does not trigger any exceptions under CEQA Guidelines Section 15300.2, such as cumulative impacts, unusual circumstances, or effects on sensitive 639
Resolution 2025-150
environmental resources. The subdivision will be served by existing utilities and public services and will not result in significant impacts related to traffic, noise, air quality, or water quality.
Multiple Species Habitat Conservation Plan (MSHCP)
The project site is not located within the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) area. Therefore, no review under the MSHCP is required.
SECTION 2. REQUIRED FINDINGS FOR TENTATIVE TRACT MAP PLN 24-0148 Pursuant to Section 66474 of the Subdivision Map Act, there are seven findings that must be met to justify approval of a Tentative Map application. Staff analyzed the application against these findings for Tentative Tract Map No. 38408 (PLN 24-0148) below:
Finding A: The proposed Tentative Tract Map or Tentative Parcel Map is consistent with the General Plan.
Finding of Fact: The General Plan designates the site as Low Density Residential (0–5 du/ac).
The proposed subdivision of two parcels into eleven residential and one letter lots exceeds 7,000 sq. ft. minimum lot size and maintains a density within the General Plan range. The design is compatible with surrounding neighborhoods and furthers the General Plan’s policies on neighborhood character and land use compatibility.
Finding B: The design and improvements of the proposed Tentative Tract Map or Tentative Parcel Map is consistent with the zoning district in which the property is located.
Finding of Fact: The project meets Low Density Residential (LDR) zoning standards and City design requirements per BMC 17.08, providing adequate vehicular, pedestrian, and emergency access. All streets, utilities, and drainage facilities will be constructed to City standards.
Finding C: The site is physically suited for this type of development.
Finding of Fact: The 2.83-acre site is relatively flat with a gentle north to south downhill grade and will be subdivided into twelve lots that will be compatible in size to other surrounding properties.
Finding D: The subject site is physically suitable for the proposed density of development.
Finding of Fact: The proposed density complies with the Low-Density Residential designation (0– 5 du/ac) and the proposed twelve lots is less intensive than the maximum allowed fourteen lots and is appropriate for the site’s size, configuration, and surroundings.
Finding E: 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.
Finding of Fact: The site is surrounded by existing residential uses and a City park, contains no significant vegetation or habitat, and is not identified in the MSHCP as supporting sensitive species.
Finding F: The design of the subdivision or type of improvements is not likely to cause serious public health problems.
Finding of Fact: The subdivision design and future home construction will comply with all applicable City codes, California Building Code requirements, and adopted standards for stormwater management, street improvements, and safety. 640
Resolution 2025-150
Finding G: The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision.
Finding of Fact: No public access easements exist on the site. The project includes the development of a local street and an access easement to be recorded with the Final Map, ensuring emergency and resident access without impacting surrounding neighborhood.
SECTION 3. APPROVAL
The City Council hereby approves Tentative Tract Map No. 38408 (PLN 24-0148), subject to the Conditions of Approval attached hereto as Exhibit A.
SECTION 4. CERTIFICATION
The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 28th day of October, 2025.
Sheri Flynn, Mayor
City of Banning
ATTEST:
Sandra Calderon, Acting Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney, LLP
641
Resolution 2025-150
CERTIFICATION:
I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-150, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 28th day of October, 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Acting Administrative City Clerk
City of Banning, California
642
Resolution 2025-150
EXHIBIT A
Conditions of Approval
643
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 1 PROJECT: Tentative Tract Map No. 38408 - PLN 24-0148
SUBJECT: Conditions of Approval (City Council Resolution 2025-150) APPLICANT:Angel Cesear (“Applicant”) & Tilak Chopra (“Owner”) LOCATION: APNs: 541-082-017 & 541-082-021
EXHIBIT A
To City Council Resolution 2025-150
*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
The Department of Community Development provides the Conditions of Approval listed herein for the above-mentioned project. Unless otherwise stated, all conditions shall be completed by the applicant at no cost to any government agency. The Applicant may contact the Planning Division at (951) 922-3125 for compliance with the following conditions.
Planning Division
COA # Condition of Approval Completion
Milestone
Status
PLN.GENERAL.01
The project shall always comply with all federal, state, County and City laws, codes, regulations, and standards. Informational PLN.GENERAL.02
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,
Informational
644
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 2 COA # Condition of Approval Completion
Milestone
Status
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.
PLN.GENERAL.03
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.
Informational
PLN.GENERAL.04
The Project permitted under PLN 24-0148 shall commence
operation within two (2) years from the date of this approval.
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 Tentative Tract Map complies with all current provisions of BMC Title 16 and Subdivision Map Act.
Informational
PLN.GENERAL.05
A copy of the signed Resolution of Approval or Community Development Director’s letter of approval, along with all conditions of approval and any applicable mitigation
measures imposed on Tentative Tract Map No.38408, PLN
24-0148, shall be reproduced in legible form on all grading, building, construction, improvement, landscape, and
irrigation plans submitted for review and approval as
required by the reviewing department.
Informational
PLN.GENERAL.06
Prior to any occupancy/use of the Project site, or business activity being commenced thereon, the applicant shall
complete these conditions of approval to the satisfaction of the Community Development Director.
Informational
PLN.GENERAL.07
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.
Informational
PLN.GENERAL.08
The Applicant shall submit a perimeter landscape plan for review and approval by the Community Development
Department. Landscaping shall be used to soften the visual impact of fencing and integrate the project with surrounding properties, consistent with BMC 17.12.140(B). All required Prior to
Issuance of
Building
Permits
645
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 3 COA # Condition of Approval Completion
Milestone
Status
landscaping shall be installed prior to final occupancy of any dwelling unit within the subdivision.
PLN. GENERAL.09
The Applicant shall submit a detailed perimeter fencing plan for review and approval by the Community Development
Department. Fencing shall be designed in a manner that is compatible with adjacent properties and consistent with BMC 17.12.130(C). All required fencing shall be installed prior to final occupancy of any dwelling unit within the subdivision.
Prior to
Issuance of
Building
Permits
PLN.GENERAL.10
The project TTM PLN 24-0148 shall comply with all
Conditions of Approval approved by City Council Resolution No. 2025-150.
Informational
PLN.GENERAL.11
Applicant shall pay all development fees adopted by the City in effect at the time of issuance of any building permits, which shall include but not be limited to: TUMF, MSHCP, police and fire safety developer fees, water and sewer fees, park land dedication fees, park facilities fee, impact fees and electric meter installation fees etc. Project proponent shall provide written evidence to the City that school mitigation fees have been paid or other arrangements acceptable to the Banning Unified School District have been met.
Informational
PLN.TTM.01
The subdivision shall be developed in substantial
conformance with the approved Tentative Tract Map, the
associated exhibits, and these Conditions of Approval.
Final Map
PLN.TTM.02
All lots shall meet or exceed the minimum lot size, width, depth, and other dimensional requirements of the Banning Municipal Code at the time of Final Map recordation.
Prior to Final
Map
PLN.TTM.03
Any common open space, entry features, or landscape
areas shown on the Tentative Map shall be landscaped per an approved plan prior to occupancy of the first dwelling unit.
Prior to
Occupancy
PLN.TTM.04
If common areas, open space, or private streets are
proposed, the applicant shall establish a Homeowners’
Association (HOA) or other mechanism acceptable to the
City to ensure ongoing maintenance.
Informational
PLN.TTM.05
Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted to the Planning Division for review to ensure they address maintenance of any common areas, landscaping,
and private improvements.
Informational
PLN.TTM.06
The applicant shall coordinate with the City’s Community Development Department for the addressing of all lots prior to recordation of the Final Map.
Prior to Final
Map
646
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 4 Office of the Fire Marshal
COA # Condition of Approval Status
Fire.01
Fire Protection Water Supplies/Fire Flow - Minimum fire flow for the construction of all buildings is required per CFC Appendix B. Prior to building permit issuance for new construction, the applicant shall provide documentation to the Fire Department 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 as amended.
A. Will Serve Letters from the responsible water purveyor are required prior to a map recordation.
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 the CFC Appendix C. Fire hydrants shall be located no more than 600 feet from all portions of the exterior of the building along an approved route from a fire apparatus access road. Where new water mains are extended along streets and hydrants are not needed for protection of structures, standard fire hydrants shall be provided at spacing not to exceed 1000 feet along streets for transportation hazards. The size and number of outlets required for the approved fire hydrants are 4 x 2 . Final fire hydrant locations shall be determined during the fire water plan review. Reference CFC as amended.
Fire.02
Tract Water Plans - If fire hydrants are required to be installed, applicant/developer shall furnish the water system fire hydrant plans to Fire Department for review and approval prior to building permit issuance. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. Reference CFC as amended.
Fire.03
Fire Department Access - Fire apparatus access roads shall be provided within 300 feet of all exterior portions of buildings, unless otherwise approved by the Fire Department. Fire apparatus access roads shall have an unobstructed width of no less than 24 feet. Dead-end fire apparatus access roads exceeding 150 feet shall provide an approved turn around. The minimum required turning radius of a fire apparatus access road is 53 feet outside radius. The construction of the fire apparatus access roads shall be all weather and capable of sustaining 80,000 lbs.
Unless otherwise approved, the grade of a fire apparatus access road shall not exceed 16 percent and the cross slope shall not exceed 2.5 percent. The angles of approach and departure for fire apparatus access roads shall be a maximum of 6 percent grade change for 25 feet of approach/departure. Reference CFC as amended and Riverside County Fire Department Policies and Standards.
Fire.04
Fire Lane marking: Identification and marking of fire lanes, including curb details and signage, shall comply with all Riverside County Fire Department Standards.
Fire.05
Fire Department Access Turn Around On-parcel dead-end fire apparatus access roads exceeding 150 feet in length shall provide a bulb turnaround at the terminus measuring a minimum of 45 feet outside. Parallel parking around the perimeter of the bulb is acceptable, provided the bulb outside turning radius is increased by 8 feet for a total of 53 feet outside radius. Reference CFC as amended and Riverside 647
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 5 COA # Condition of Approval Status
County Fire Department Policies and Standards. Fire access plan to include signage and or curbing shall be required.
Fire.06
Fire and Life Safety Requirements - Final fire and life safety conditions will be addressed when the Fire Department reviews any subsequent submittals. These conditions will be based on the California Fire Code (CFC), California Building Code (CBC), and related codes/standards adopted and amended at the time of construction plan submittal.
Fire.07
Residential Fire Sprinklers: Residential fire sprinklers are required in all one and two-family dwellings per the California Residential Code (CRC). Plans must be submitted to the Office of the Fire Marshal for review and be approved prior to installation. Reference CRC.
Fire.08
Traffic Calming Devices - Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Fire Code Official. Reference CFC as amended.
Fire.09
Hazardous Vegetation and Fuel Management Plan Projects in the Local Responsibility Area, Very High Fire Hazard Severity Zone, and State Responsibility Area, Very High, High and Moderate Fire Hazard Severity Zones shall provide a Hazardous Vegetation and Fuel Management Plan to be reviewed and approved by the Fire Department. A preliminary plan shall be approved by the Fire Department prior to any new parcel map recordation. Reference CFC as amended.
Fire.10
Materials and Construction Methods for Exterior Wildfire Exposure - Projects in the Local Responsibility Area, Very High Fire Hazard Severity Zone, and State Responsibility Area, Very High, High and Moderate Fire Hazard Severity Zones shall comply with Chapter 3, R337 of the California Residential Code and California Code of Regulations Title 14 Fire Safety Regulations. Reference CFC as amended.
Banning Electric Utility
The Department of Banning Electric Utility provides the Conditions of Approval listed herein for the above-mentioned project. Unless otherwise stated, all conditions shall be completed by the applicant at no cost to any government agency. The Applicant may contact the Banning Electric Division at (951) 922-3160 for compliance with the following conditions.
Electric Engineering Division
COA # Condition of Approval Completion
Milestone
Status
BEU.ENG.01
Provide electrical single line drawing and electrical
calculation. Complete and submit BEU New Service
Questionnaire for review and to properly size BEU facility.
Final Map
BEU.ENG.02 The City of Banning Electric Utility (BEU) will require adequate easements needed to service the project. An Final Map 648
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 6 COA # Condition of Approval Completion
Milestone
Status
easement area behind sidewalk will be required along the corridor adjacent to the George St, Nicolet St and on (N) unnamed N/S road in the tract 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.
BEU.ENG.03
Streetlight infrastructure is to be installed by the developer and are assumed to be publicly owned and maintained by
the BEU.
Final Map
BEU.ENG.04
Prior to constructing BEUs 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. It will also be required that the developer follow the Electric Utility Maps & Records requirement (per attachment). This will allow the utility to assist with the completion of a distribution plan and provide a cost
estimate to service the project. Design conditions and
requirements to serve the project with electricity shall be discussed and reviewed following approval of TTM No.
38408.
Final Map
BEU.ENG.05
The Developer shall execute one or more line extension
agreements with the BEU providing for the installation, construction, improvement, and dedication of the utility system following approval of tentative tract map, if needed.
Final Map
BEU.ENG.06
All electric utility equipment will require to have adequate working clearances per local and state requirements,
because of this some items such as trees and bushes may be eliminated. This equipment includes substructures,
transformers, pad mounted switch gear and meter
locations.
Final Map
Public Works Department
The Department of Public Works provides the Conditions of Approval listed herein for the above-mentioned project. Unless otherwise stated, all conditions shall be completed by the applicant at no cost to any government agency. The Applicant may contact the Engineering Division at (951) 922-3130 for compliance with the following conditions.
General Conditions
649
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 7 COA # Condition of Approval Completion
Milestone
Status
PW.GENERAL.01 The subject property shall substantially conform to the approved PLN 24-0148, TTM 38408. 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.
Informational
PW.GENERAL.0
2 Revisions to the approved TTM 38408 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).
Informational
PW.GENERAL.03 All Ordinances, Policy Resolutions, and Standards of the City in effect at the time this project is approved shall be complied with as a condition of this approval.
Informational
PW.GENERAL.04 The applicant shall comply with the approved site plan, the preliminary grading plan, the preliminary WQMP (pWQMP), preliminary Drainage Study, 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.
Informational
PW.GENERAL.05 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.
Informational
PW.GENERAL.06 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.
Informational
PW.GENERAL.07 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)
Informational
650
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 8 COA # Condition of Approval Completion
Milestone
Status
PW.GENERAL.08 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.
Informational
PW.GENERAL.09 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.
Informational
PW.GENERAL.10 All 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.
Informational
PW.GENERAL.11 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.
Informational
PW.GENERAL.12 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
Informational
Plans and Clearances
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.
All 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. 651
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 9 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.
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.
All 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.
An index map shall be provided on the title sheet of all plan sets showing the overall view of the entire work area.
All plans shall be complete, to the satisfaction of the City Engineer, prior to final map recordation and determination of surety estimates.
Permit Type Plan Set Scale Notes
Grading Rough Grading Plan 1" = 40'
Precise Grading Plan 1" = 20'
Retaining Walls (if any) 1" = 40' May be included with any grading plan
Erosion and Sediment
Control
1" = 40' Shall be included with any
grading plan
Improvement Street Improvement
Plan
1" = 40' Horiz/ 1" = 4'
Vertical
Plans Signing and Striping
Plan
1" = 40' May be included with SIP
Traffic Control Plan 1" = 40' May be included with SIP
Storm Drain
Improvement Plan
1" = 40' Horiz/ 1" = 4'
Vertical
Potable Water Plan 1" = 40' Horiz/ 1" = 4'
Vertical
Sewer Plan 1" = 40' Horiz/ 1" = 4'
Vertical
Final Maps Final Map 1" = 40'
Easement Dedications if any, outside map boundary
Corner Records
Records of Survey if required
Technical Geotechnical Report
Studies Compaction Report
Hydrologic and Hydraulic Report
Water Quality Management Plan (WQMP)
652
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 10 Permits and Permission to Grade
Agreements Construction
Agreements
Encroachment Permits
BMP Agreement
Landscape Maintenance Agreement
Subdivision/Improvement Agreement
Performance Bonds
Labor and Material Bond
Maintenance Bond
Non-Interference Letter
Certifications Grading Certifications
Pad Certifications
Final Map
COA # Condition of Approval Completion
Milestone
Status
PW.Map.01 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.
Informational
PW.Map.02 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 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.
Informational
PW.Map.03 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 rightof-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.
Informational
653
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 11 COA # Condition of Approval Completion
Milestone
Status
PW.Map.04 During the improvement plan checking process, turning radius template checks shall be submitted for access to all storm drain facilities, open space, and other 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.
Informational
PW.Map.05 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.
Informational
PW.Map.06 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.
Informational
PW.Map.07 A map of the proposed subdivision drawn at 1”=200’ showing the outline of the streets including street names shall be submitted to the City to update the city atlas map.
Informational
PW.Map.08 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.
Informational
PW.Map.09 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 or RCFCD or unless such easements do not conflict with the City’s or RCFCD’s intended purposes or uses. 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.
Informational
654
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 12 COA # Condition of Approval Completion
Milestone
Status
PW.Map.10 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.
Prior to Final
Map
Recordation
PW.Map.11 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.
Prior to Final
Map
Recordation
PW.Map.12 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.
Prior to Final
Map
Recordation
PW.Map.13 The applicant shall offer to dedicate to the City of Banning additional Right of Way as described below:
George Street - 33' Half Width Right of Way
Nicolet Street - 33' Half Width Right of Way
All offers of dedication shall include the corner cut-back at all intersections.
Prior to Final
Map
Recordation
PW.Map.14 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.
Prior to Final
Map
Recordation
PW.Map.15 The City and the applicant are to enter into a Subdivision Improvement Agreement/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.
Prior to Final
Map
Recordation
655
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 13 COA # Condition of Approval Completion
Milestone
Status
PW.Map.16 The applicant shall submit a list of street names and addresses in Microsoft Excel spread sheet format for
review and approval. The house number system shall be
in accordance with Section 12.32 of the Banning Municipal Code. A reduced copy of the subdivision map shall be
included with the submittal.
Prior to Final
Map
Recordation
PW.Map.17 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.
Prior to
Issuance of
Building
Permit
PW.Map.18 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.
Prior to
Release of
Surety
PW.Map.19 The Applicant shall comply with Assembly Bill 1414, which was enacted on January 1, 1995, and amended
Section 8771 of the Business and Professions Code of
the Land Surveyors Act. Assembly Bill 1414 requires that two (2) corner records be filed when:
• 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.
• 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.
Prior to
Release of
Surety
PW.Map.20 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.
Prior to
Release of
Surety
656
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 14 Grading
COA # Condition of Approval Completion
Milestone
Status
PW.Grade.01 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.
Informational
PW.Grade.02 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.
Informational
PW.Grade.03 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.
Informational
PW.Grade.04 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 calculations and obtain permits for all perimeter and retaining walls from the Building and Safety
Department.
Informational
PW.Grade.06 Impacts to jurisdictional streams, creeks and drainages shall be reviewed and approved by the appropriate
regulatory agencies with jurisdiction in this area and will require the appropriate required permits issued. Long
term regular maintenance and operation of drainage
improvements, such as detention basins, shall be included in the initial regulatory permitting applications.
Informational
PW.Grade.07 A Grading Plan and Erosion Control Plan shall be submitted to the City Engineer for review and approval.
Prior to
Recordation of
a Final Map
PW.Grade.08 Detailed grading plans shall be prepared and approved by the City prior to any on-site grading for the project.
Prior to
Issuance of a
Grading Permit
PW.Grade.09 Within park areas or areas accessible to the public, detention/retention basins will be protected from public entry as required.
Prior to
Issuance of a
Grading Permit
657
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 15 COA # Condition of Approval Completion
Milestone
Status
PW.Grade.10 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 and geotechnical report.
Prior to
Issuance of a
Grading Permit
PW.Grade.11 A grading permit shall be obtained from the Public Works Department prior to the commencement of any grading
work.
Prior to
Issuance of a
Grading Permit
PW.Grade.12 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 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.
Prior to
Issuance of a
Grading Permit
658
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 16 COA # Condition of Approval Completion
Milestone
Status
PW.Grade.13 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.
Prior to
Issuance of a
Grading Permit
PW.Grade.14 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.
Prior to
Issuance of a
Building Permit
PW.Grade.15 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.
Prior to
Issuance of a
Building Permit
PW.Grade.16 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.
Prior to
Certificate of
Occupancy
Stormwater/Water Quality
COA # Condition of Approval Completion
Milestone
Status
PW.Storm.01 The applicant shall comply with Chapter 13.24 “Stormwater Management Systems” of the Banning
Municipal Code.
Informational
PW.Storm.02 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,
Informational
659
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 17 COA # Condition of Approval Completion
Milestone
Status
additional drainage facilities shall be designed and
constructed.
PW.Storm.03 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.
Informational
PW.Storm.04 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.
Informational
PW.Storm.05 If the site is located in a Flood Area as identified in Flood Insurance Rate Map dated August 28, 2008 the applicant
is responsible for providing a certification by a registered professional engineer or architect demonstrating that
encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
Informational
PW.Storm.06 The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. Prior to issuance of any
grading permits, FEMA may require a hydrologic and
hydraulic analysis to be submitted and approved that
demonstrates that the development will not cause any
rise in base flood levels.
Informational
PW.Storm.07 Trash Capture Devices are designed to keep trash, sediment, and debris from entering the City’s storm
sewer system including its’ curb and gutters. If the
project is located in a “Priority Land Use” area on the City’s Trash Amendment Map (defined as: High-Density
residential areas, Mobile Home Parks, Industrial areas
(Airport Industrial, manufacturers, storage warehouses, distribution centers, junkyards), Commercial areas
(Business Park, Professional Offices, Mobile Home
Park, Highway Serving Commercial), Mixed-use areas,
and Public Transportation areas with runoff that drains to or from bus stops), the developer shall install, operate and maintain a “Full Capture” trash treatment control
device for all storm drain systems (catch basins, inlets, Informational
660
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 18 COA # Condition of Approval Completion
Milestone
Status
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 trash
treatment control device shall be designed and 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 device and an annual self-inspection report shall be submitted to the Engineering Division.
PW.Storm.08 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).
Prior to the
Recordation of
a Final Map
PW.Storm.09 The applicant shall prepare a 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 if the project meets the criteria of a Priority Development Project and identify project Site Design
BMP’s and Treatment Control BMP’s as applicable. The
WQMP shall be reviewed and approved by the City
Engineer.
Prior to the
Issuance of a
Grading
Permit
PW.Storm.10 The applicant shall complete and record a BMP agreement as part of the review of the WQMP.
Prior to the
Issuance of a
Grading Permit
Streets and Traffic
COA # Condition of Approval Completion
Milestone
Status
PW.Street.01 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.
Informational
PW.Street.02 All street designs shall provide pavement and lane transitions per City of Banning and Caltrans standards for transitions to existing street sections.
Informational
661
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 19 COA # Condition of Approval Completion
Milestone
Status
PW.Street.03 Any public improvements damaged during the course of construction shall be replaced to the satisfaction of the City Engineer, or his/her designee.
Informational
PW.Street.04 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.
Informational
PW.Street.05 Applicant’s geotechnical engineer shall provide the design of the pavement section and field measured “RValues” based upon the Caltrans Method.
Informational
PW.Street.06 Street pavement design shall take into account the subgrade soil strength, the projected traffic loading, and have a design life of 20 years.
Informational
PW.Street.07 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.
Informational
PW.Street.08 A minimum of 36’ of asphalt pavement are required for all new roadways. For LOCAL, COLLECTOR, DIVIDED
COLLECTOR, and SECONDARY HIGHWAYS, applicant
shall provide additional pavement opposite the street
centerline of the project to meet the 36’ pavement
requirement.
Informational
PW.Street.09 A minimum width of 20 feet for a paved or all weather emergency access.
Informational
PW.Street.10 Applicant shall provide horizontal and vertical site distance calculations for review and approval by the City Engineer. Safe horizontal traffic sight distances and
vertical curve sight distances shall be maintained
regardless of street intersection angles, street grades, landscaping, or the lot configuration shown on the
approved tentative tract map, as follows:
• All vertical curve sight line design shall be per the Caltrans Design Manual (Figures 201-latest, Topic 405-
latest, et al). The vertical curve design speed along with the requisite vertical curve geometric data shall be
shown on the improvement-drawing sheet where the
curve occurs.
• All horizontal curve sight line design shall be per
Riverside County Standards (Plates 114, 821, et al).
Horizontal curve design speeds along with the related
geometric data shall be tabulated on the improvement
drawing sheets where the curves occur.
• Horizontal and vertical sight distances shall be
maintained even if such compliance results in
reconfigured lots and/or a reduction in the lot count
shown on the approved tentative map. City of Banning
Ordinances shall be met while achieving the required
safety requirements.
Informational
PW.Street.11 In accordance with the California Building Code, Title 24, and the requirements of the Americans with Disabilities Informational
662
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 20 COA # Condition of Approval Completion
Milestone
Status
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.).
PW.Street.12 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.
Informational
PW.Street.13 ADA Ramps shall comply with City of Banning Standards and PROWAG guidelines, whichever is stricter.
Informational
PW.Street.14 All streets shall have a maximum grade of 15 percent.
Wherever feasible street grades should be kept to 10
percent or less.
Informational
PW.Street.15 Access drives to the public right-of-way shall be restricted to those approved by the City Engineer as shown on the
approved plans.
Informational
PW.Street.16 Residential driveway grades shall not exceed ten percent unless approved by the City Engineer.
Informational
PW.Street.17 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 raies
pavement markers at fire hydrants), and street name signs.
Informational
PW.Street.18 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.
Informational
PW.Street.19 George Street: Construct half width street improvements for COLLECTOR roadway per City of Banning Standard
ST-100, (33’ half width R/W, 22’ offset to C&G, 14’ AC
opposite project frontage) including the following: Curb and Gutter, AC Pavement, Driveways, Street Lighting,
Sidewalk, Parkway Landscaping, Traffic Signs, Roadway
Striping.
Informational
PW.Street.20 Nicolet Street: Construct half width street improvements for COLLECTOR roadway per City of Banning Standard
ST-100, (33’ half width R/W, 22’ offset to C&G, 14’ AC
opposite project frontage) including the following: Curb and Gutter, AC Pavement, Driveways, Street Lighting,
Sidewalk, Parkway Landscaping, Traffic Signs, Roadway
Striping.
Informational
PW.Street.21 Applicant shall submit and obtain written approval from the City Fire Marshall for the plans for all public or private access drives or streets. The plans shall include plan
view and sectional views and indicate the grade and
width of the road measured from flow-line to flow-line.
When a dead end access exceeds 150-feet or when
otherwise required, a clearly marked fire apparatus
access turnaround must be provided and approved by
Prior to
Grading
Permit
663
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 21 COA # Condition of Approval Completion
Milestone
Status
the City Fire Marshall. Applicable covenant, conditions or restrictions (CC&R’s) or other approved documents shall contain provisions which prohibit obstructions such as
speed bumps/humps, control gates, or other
modifications within said easement or access road unless prior approval from the Fire Marshall is granted.
PW.Street.22 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.
Prior to
Recordation of
Final Map
PW.Street.23 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 Department and City Engineer prior to recordation of TR 38408. The plan shall indicate style, illumination, location, height and length of mast arm.
Prior to
Encroachment
Permit
PW.Street.24 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.
Prior to
Certificate of
Occupancy
PW.Street.25 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.
Prior to
Certificate of
Occupancy
PW.Street.26 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.
Prior to
Certificate of
Occupancy
PW.Street.27 Applicant shall make pavement repairs necessary to mitigate the impacts of project construction traffic on all affected existing streets.
Prior to
Release of
Surety
Landscaping
COA # Condition of Approval Completion
Milestone
Status
PW.LS.01 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.
Informational
664
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 22 COA # Condition of Approval Completion
Milestone
Status
PW.LS.03 The applicant shall plant and maintain trees, shrubs, and ground cover placed in the parkway, slopes adjacent to
public rights-of-way, and median islands constructed in connection with the project in accordance with applicable City standards until maintenance of such area is turned over to an HOA or to individual property owners. This
includes ensuring that irrigation systems are operating properly, the clearing of debris, and regular weed removal.
Informational
PW.LS.04 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.
Informational
PW.LS.05 All landscape improvements within public right of way shall be compliant with the City of Banning MWELO guidelines.
Informational
PW.LS.06 A homeowners’ association shall be established and the applicable Conditions, Covenants & Restrictions (CC &
R’s), shall be prepared for review and approval of the City Engineer at the time set forth in the DA providing for
maintenance of the parkway on-site lighting and
landscaping, slopes adjacent to public rights-of-way, onsite private parking/roadway, any debris basins, BMPs
referenced in the approved WQMP, and median island
landscaping. The developer shall appoint the initial
members of the Board of Directors of the homeowners’
association or take such other steps as may be reasonably necessary to assure that members have been appointed or elected to such Board of Directors, until under the terms of the applicable CC & R's individual lot owners have the
power to elect the members of the Board of Directors in accordance with the CC & R's.
Prior to
Recordation of
Final Map
PW.LS.07 The conditions, covenants, and restrictions shall contain provisions which prohibit dissolution of the homeowners’ association unless another entity has agreed to assume the operation and maintenance responsibilities of the
homeowners’ association. The conditions, covenants and
restrictions shall contain provisions that prohibit the developer and his/her successors-in-interest from
amending said covenants, conditions and restrictions to conflict with these Conditions of Approval.
Prior to
Recordation of
Final Map
665
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 23 COA # Condition of Approval Completion
Milestone
Status
PW.LS.08 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.
Prior to
Occupancy
PW.LS.09 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.
Prior to Surety
Release
Potable Water
COA # Condition of Approval Completion
Milestone
Status
PW.Wat.01 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.
Informational
PW.Wat.02 All private potable water improvement shall be designed and constructed per California Building Code, California Plumbing Code, and California Fire Code, latest editions.
All private improvements shall be concurrently reviewed by the Building and Safety Department.
Informational
PW.Wat.03 All private fire suppression systems shall be reviewed and approved by the City Fire Marshall.
Informational
PW.Wat.04 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.
Informational
PW.Wat.05 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.
Informational
666
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 24 COA # Condition of Approval Completion
Milestone
Status
PW.Wat.06 All water lines and fittings shall be a minimum of 8-inch in diameter and shall be DIP. Water line easements shall be a minimum width of 20 feet if installed outside of right-of-way or public utility easement.
Informational
PW.Wat.07 Fire hydrants shall be installed within and on the tract boundaries as per approved plans, at a 300-foot maximum spacing.
Informational
PW.Wat.08 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.
Informational
PW.Wat.09 Detailed water demand calculations shall be submitted to justify meter sizing and to determine annual water
demands, both for indoor and outdoor use.
Informational
PW.Wat.10 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.
Informational
PW.Wat.11 All water mains shall be looped whenever feasible, and dead-end water mains shall be provided with fire hydrants and auto-flush systems.
Informational
PW.Wat.12 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.
Prior to
Building
Permit
Sewer
COA # Condition of Approval Completion
Milestone
Status
PW.Sew.01 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.
Informational
PW.Sew.02 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.
Informational
PW.Sew.03 Each residential unit shall have its own sewer lateral and shall be PVC SDR 26.
Informational
PW.Sew.04 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.
Informational
PW.Sew.05 Any pad with an elevation lower than the nearest upstream manhole rim elevation shall require a
backwater valve.
Informational
667
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 25 COA # Condition of Approval Completion
Milestone
Status
PW.Sew.06 Prior to recordation of the final tract map, associated improvement plans for sewer facilities shall be submitted to the City for review and approval and shall be
substantially complete to the satisfaction of the City
Engineer.
Prior to
Recordation of
Final Map
PW.Sew.07 The applicant shall inspect with CCTV all new public sewer mains and submit to the City for review and
approval prior to surety release and acceptance of sewer improvements.
Prior to
Release of
Surety
Refuse
COA # Condition of Approval Completion
Milestone
Status
PW.Refuse.02 Effective January 1, 2022, all residential, single-family units shall subscribe to City’s three-container (trash, recycling, organics), Collection Services per Banning
Municipal Code, Title 8.28, “Garbage Collection and
Disposal”. Information on the program 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.
Informational
PW.Refuse.03 Applicants are required to use the City’s exclusive franchise hauler (Waste Management) unless otherwise
approved in writing by the Public Works Department.
Informational
PW.Refuse.04 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.
Informational
PW.Refuse.05 Applicants are encouraged to review the referenced sections in the 2022 California Green Building Standard Code:https://calgreenenergyservices.com/wp/wpcontent/uploads/2019_california_green_code.pdf Informational
PW.Refuse.06 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
[email protected] or 951.922.3193 for further
details and to obtain a plan template.
Prior to
Demolition
AND/OR Prior to
Building Permit
PW.Refuse.07 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).
Prior to
Certificate of
Occupancy
668
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 26 COA # Condition of Approval Completion
Milestone
Status
PW.Refuse.08 Applicants shall submit a Construction and Demolition Waste Diversion Reporting Form to the City’s Solid
Waste Program Coordinator upon completion of the
project to obtain diversion approval prior to final sign-off.
Contact the Environmental Program Coordinator at
[email protected] or 951.922.3193 for further
details and to obtain a report form template.
Prior to
Certificate of
Occupancy
Fees
COA # Condition of Approval Completion
Milestone
Status
PW.Fees.01 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.
Informational
PW.Fees.02 Applications submitted without full payment of fees are deemed incomplete. Plan review will not commence until
all fees are paid.
Informational
PW.Fees.03 Evidence of paid fees to agencies outside the City of Banning is required prior to the issuance of any
applicable permit.
Informational
PW.Fees.05 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.
Prior to Grading
Permit
PW.Fees.06 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.
Prior to
Encroachment
Permit
PW.Fees.07 Water Meter fees and installation fees shall be paid in full prior to installation of any water meter in accorcande with the fee schedule in effect at that time.
Prior to
Installation
PW.Fees.08 Water connection fees shall be paid in accordance with the fee schedule in effect at that time.
Prior to Building
Final/C of O
PW.Fees.09 Sewer connection fees shall be paid in accordance with the fee schedule in effect at that time.
Prior to Building
Final/C of O
PW.Fees.10 Traffic Impact fees shall be paid in accordance with the fee schedule in effect at that time.
Prior to Building
Final/C of O
***END***
669
1 Minutes
PLANNING COMMISSION - REGULAR MEETING
CITY OF BANNING, CALIFORNIA
September 3, 2025 Council Chambers
5:30 p.m. 99 E. Ramsey Street
In Chambers Banning, CA 92220
1. CALL TO ORDER – 5:30 p.m.
1.1 PLEDGE OF ALLEGIANCE
1.2 ROLL CALL
COMMISSIONERS PRESENT ABSENT
Castorena, Chris X
Dale, Kathleen X
Marshall, Al X
Phelps, Gerry X
Rodriguez, Nathaniel X
Assistant City Attorney, Robert Patterson reviewed provisions from the Manual for Procedural Guidelines after the start of the Planning Commission meeting. He highlighted rules on decorum and order and concluded by reminding that all remarks should be directed to the presiding officer.
2. PUBLIC COMMENTS
No public comments.
3. CONSENT AGENDA
3.1 Approval of the meeting minutes for the August 6, 2025, Special Planning Commission meeting.
Chair open public comments.
No public comments.
Chair closed comments.
Chair Dale requested that a statement of the report be stricken from the record on page 2, as the statement could not be verified and was probably not material to the discussion. Dale received concurrence from the other Commissioners.
ACTION: Motion/Second (Phelps/Rodriguez) to approve the minutes of August 6, with revisions.
Motion carried unanimously 5-0.
670
2 4. PUBLIC HEARING
4.1 Tentative Tract Map No. 38408 (TTM 38408 / PLN 24-0148), submitted by property owner Tilak Chopra, to subdivide two parcels (APN: 541-082 -017 and 541- 082-021) located in the Low Density Residential (LDR) zoning district, totaling approximately 2.83 acres, into eleven residential lots with a minimum size of 7,000 square feet and one letter lot (basin).
Recommendation:
Adopt Resolution 2025-07, recommending the City Council approve Tentative Tract Map No. 38408 (PLN 24-0148), subject to conditions of approval.
Mary Yaryan, Associate Planner provided the staff report.
Nate Smith, Deputy Director of Public Works/ City Engineer explained that an earlier design was not ready to proceed due to issues with a cul-de-sac, fire and trash truck access, and right-of-way or easement requirements. The applicant subsequently redesigned the projects to provide a full turnaround per city standards.
Staff clarified that subdivision approval does not include single-family residential design, but any project with more than four homes will trigger design review. MS-4 permit requirements for subdivision of 10+lots, noting that centralized basins are generally more efficient and manageable than individual lot-based system.
Staff confirmed an easement would be required through Lot 4 to ensure legal access, and the condition will be addressed on the final map.
Questions were asked about home prices, but staff noted none are planned yet. An HOA or other similar private maintenance instrument will be required to maintain the retention basin.
The idea of making the basin a public amenity was considered but dismissed. Landscaping will follow city code. Staff explained current utility policy doesn’t support extra service laterals for ADU’s. A future study session on ADU infrastructure was suggested.
Staff confirmed the final map must be submitted and approved within two years under municipal code. Landscaping and fencing plans will be reviewed with building permits and installed before occupancy. Perimeter fencing will depend on whether homes are built in phases or individually.
Angel Cesar, P.E. QSD, Blue Engineering answered questions from the Commission.
Questions were asked about responsibility for maintaining the retention basin; the applicant said they would work with staff. The city attorney explained CC&Rs could require all lot owners to share costs, even before homes are built. The applicant said the lots may be sold to a single builder for custom homes, with pricing intended to be consistent with the surrounding area, but specific costs are not yet known.
Chair Dale opened Public Hearing at 6:08 p.m.
No Public Comments.
Chair Dale closed Public Hearing at 6:08 p.m.
Staff noted that questions about housing design and ADUs would be addressed when homes are proposed.
671
3 ACTION: Motion/Second (Marshall/Phelps) recommending the City Council approve Tentative Tract Map No.38408 (PLN 24-0148), subject to conditions of approval.
Motion carried unanimously 5-0.
4.2 Conditional Use Permit PLN 24-0103 and Design Review PLN 24-0117 submitted by property owner, Snipe Equipment, LLC, to install and operate 40 dual-band satellite spherical gateway antennas on a 0.38 acre portion of a 2.12 acre site located in the Industrial (I) zoning district (APN 532-130-020).
Recommendation:
Adopt Resolution 2025-08, Approving the Conditional Use Permit PLN 24-0103 and Design Review PLN 24-0117, subject to conditions of approval.
Mary Yaryan, Associate Planner provided the staff report.
Staff answered clarifying questions regarding project conditions, including:
• Surveys for burrowing owls and nesting birds (to be completed by a biologist) • Landscaping maintenance, airport lighting and glare compliance (addressed by Planning Department Conditions and ALUC review)
• CEQA Section 15301 – new construction or small structures applies to this project • Fencing, access, and emergency signage discussed; Fire department raised no concerns.
• Landscaping applies only to fenced SpaceX site, SpaceX responsible for maintenance.
• Antenna, structures: exterior domes painted with protective coating; internal components addressed. Urban wildlands interface policies mostly not applicable.
Jillianne, Newcomer, Director at Network Connect provided a presentation. • Overview of Starlink gateway project, including layout, antennas, equipment, and connectivity.
• Antennas broadcast to satellites; 40 antennas in 4 quadrants; fenced site with protective domes.
• Security handled via fencing with periodic site checks, and alert system, no on-site lighting at night.
• Maintenance scheduled quarterly by SpaceX personnel; no backup generators. • No future expansion planned; this is the only gateway farm in the Inland Empire. • Electrical infrastructure discussed: 200 kW capable power feeds; underground vault may be installed; coordination with electric department required. • Noise level minimal; lighting and environmental impacts addressed.
Chair Dale opened Public Hearing at 6:54 p.m.
No Public Comments.
Chair Dale closed Public Hearing at 6:54 p.m.
Landscaping condition were discussed; Commissioners agreed that due to isolation and lack of water, landscaping could be waived. WEKA fencing would provide screening.
ACTION: Motion/Second (Marshall/Castorena) Approving Conditional Use Permit PLN 24- 0103 and Design Review PLN 24-0117 to install and operate 40 dual-band satellite spherical gateway antennas on a 0.38 acre portion of a 2.12 acre site located in the Industrial (I) zoning district (APN 532-130-020) with revisions to MSHCP conditions and elimination of landscaping requirements.
Motion carried unanimously 5-0.
672
4 Decision is final unless appealed within 15 days (by September 18) in accordance with Zoning Code; appeals must be filed in writing with the City Clerk.
5. DISCUSSION ITEMS
None
6. ANNOUNCEMENTS AND REPORTS
6.1 DIRECTOR'S REPORT
Next meeting on September 10 for Sunset Crossroads project and related General Plan Amendment/Zone Change. Additional items scheduled for October; details still being finalized.
6.2 COMMISSIONER REPORTS
None
7. ITEMS FOR FUTURE AGENDAS
8. ADJOURNMENT
A motion to Adjourn the meeting was made by Commissioner Phelps, seconded by Commissioner Marshall.
Motion carried unanimously 5-0, and the meeting was adjourned at 7:02 pm.
Minutes prepared by:
Sandra B. Calderon
Recording Secretary
These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2).
The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/229?view_id=1&redirect=true All documents related to this meeting are available here:
https://d3n9y02raazwpg.cloudfront.net/banningca/6d92cb01-76d8-11ef-9b71-005056a89546- 38305488-93fe-4918-9dd7-c67857e7b6c7-1756428246.pdf
673
674
675
676
677
Statutory Exemptions. State code number:
_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:
Project Location - City: ______________________ Project Location - County:
Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:
Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:
Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
678
AFFIDAVIT OF PUBLICATION
Record Gazette
218 N. Murray St., Banning, CA 92220
Proof of Publication
(2015.5 C.C.P.)
PHN PLN 24-0148
___________________________________________________
State of California )
County of Riverside ) SS.
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of
general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737.
That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
Oct 17, 2025
Executed on: ____________________
At City of Banning, California
I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct.
___________________________________________________
Signature
PHN PLN 24-0148 | Page 1 of 2
October 17th 2025
679
PHN PLN 24-0148 | Page 2 of 2
680
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: David Newell, Community Development Director MEETING DATE: October 28, 2025
SUBJECT: Consideration of Introduction and First Reading of Ordinance 1613:
Adopting Amendments to the Banning Municipal Code, Chapters 8 and 15, to Incorporate the 2025 California Building Standards Codes with Local Amendments and the 2025 California Fire Code with Local Amendments
RECOMMENDATION:
Waive full reading, direct the City Clerk to read by title only, introduce Ordinance 1613:
"An ordinance of the City Council of the City of Banning, California, approving the adoption of the 2025 edition of the California Building Standards Code, (California Code of Regulations, Title 24), Parts 1, 2,
2.5, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 with amendments and amending portions of Title 15 “Building and Construction,” repeal Chapter 8.16 (Fire Protection Code) and replace in Chapter 15.10 (Fire Code) with amendments, and adding Chapter 15.11 (Wildland-Urban Interface), and repealing Chapter 15.28 (Fire Districts) of the Banning Municipal Code.”
BACKGROUND:
The City enforces State model building standards and fire codes for the purpose of regulating design and construction of all structures to protect life and property. The State adopts new codes every three years and local agencies must adopt the same codes and make any local amendments with specific findings at least 30 days prior to the effective date of the new codes on January 1, 2026. The existing 2022 codes are currently found in Chapter 15 (Building and Construction) and Chapter 8 (Health and Safety) of the Banning Municipal Code (BMC) and are commonly referred to as Building, Residential, Fire, Plumbing, Mechanical, Electrical, Green and Energy Codes. The City may adopt more restrictive modifications and amendments if the City Council adopts findings relating to local climatic, topographic and geographic conditions, and files those findings with the California Building Standards Commission. The California Building Standards Commission has established January 1, 2026, as the statewide effective date for all the 2025 California Building Standards Codes.
The proposed changes to the Banning Municipal Code (BMC) are strictly for the purpose of adding language to adopt the new codes and cleaning up the existing language by removal of unnecessary or outdated language and adding some minor revisions. The proposed amendments primarily impact BMC Chapter 15 (Building and Construction) by repealing and replacing prior editions of the building standards code with 2025 code references. Other revisions include new State mandated language involving Electric Vehicle Charging permits, revisions to the City’s Unreinforced Masonry (URM) Building Program (due to the obsolete language) and moves language regarding the Fire Code to this Chapter from Chapter 8 (Health and Safety) as this language falls specifically under Title 24 regulation. Below is a summary of the proposed revisions:
Removed excerpts from Chapter 1 related to specific URM requirements which are no longer valid. 681
These were based on Uniform Building Code (UBC) requirements; the California Building Code is now based on the International Building Code (IBC).
Removed planning specific language which doesn’t belong in this chapter.
Added Fire Code alterations, requirements for electric vehicle charging permitting, grading regulations and alterations, requirements for businesses to provide public and employee restrooms, code adoption language which did not previously exist, requirements for application documentation.
Specific language was added to require haul permits.
Language was altered about fee schedules to allow for changes to fees at any point in time to be adopted.
Addition to Appendix P of the code (Emergency housing) to allow for sleeping cabins used by Municipal Code Enforcement. Design criteria section was altered to allow for lot specific evaluation made by the ASCE Hazard Tool. New language regarding Unreinforced Masonry structures.
Appendix J was altered to specifically prohibit cross lot drainage and to require the preparation of plans by certified design professionals and licensed engineers.
The language regarding fire severity zones to match Office of the State Fire Mashal specific language.
JUSTIFICATION:
Under California law, local jurisdictions are required to adopt the most recent edition of the California Building Standards Code (Title 24 of the California Code of Regulations). Specifically, California Health and Safety Code Sections 17958, 18941.5, and 13869 mandate that cities adopt the updated codes within 180 days of publication by the California Building Standards Commission (CBSC). Failing to adopt the updated code would place the City out of compliance with state law, potentially exposing it to legal and liability risks.
ENVIRONMENTAL DETERMINATION:
The Ordinance is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, since it can be seen with certainty that the adoption of the Ordinance would not have potential for causing a significant effect on the environment, either directly or indirectly and is exempt from further review (14 Cal. Code Regs. Section 15061(b)(3), ”general rule” provision). The Ordinance is also exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 as an action by a regulatory agency taken to protect the environment and natural resources.
FISCAL IMPACT:
There is no direct fiscal impact related to the City for this action.
ALTERNATIVES:
Provide alternative direction to staff.
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Ordinance 1613
2. Ordinance 1613 - Exhibit A Amending Title 15
3. Ordinance 1613 - Exhibit B Repealing Chapter 8.16.pdf
4. Adopt New and Revised Building Standards_affidavit.pdf 682
1 ORDINANCE NO. 1613
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING THE ADOPTION OF THE 2025 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE, (CALIFORNIA CODE OF REGULATIONS, TITLE 24), PARTS 1, 2, 2.5, 3, 4, 5, 6, 7, 8, 9, 10, 11 AND 12 AND APPENDICES WITH AMENDMENTS BY AMENDING PORTIONS OF TITLE 15 “BUILDING AND CONSTRUCTION,” ADDING CHAPTER 15.10 (FIRE CODE) WITH AMENDMENTS, ADDING CHAPTER 15.11 (WILDLAND-URBAN INTERFACE), ADDING CHAPTER 15.18 (RESTROOM FACILITIES), ADDING CHAPTER 15.26 (GRADING), RETAINING CHAPTERS 15.36, 15.44, 15.48, 15.52, 15.56, 15.60, 15.64, 15.68,
15.72 AND 15.76 AS UNCHANGED, AND REPEALING CHAPTERS 8.16 (FIRE PROTECTION CODE) AND 15.28 (FIRE DISTRICTS) OF THE BANNING MUNICIPAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANNING, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS:
SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (CEQA) pursuant to 15061(b)(3), CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment and the proposed text amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the City's zoning powers.
SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the Ordinance enforced.
SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Banning Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.
SECTION 4. Findings. The City Council hereby finds and determines that facts exists to approve amendment to the Banning Municipal Code pursuant to California Health & Safety Code Section 17958, 17958.5, 17958.7, and/or 18941.5 that the proposed amendments to the 2025 edition of the California Building Standards Code,(California Code of Regulations, Title 24), Parts 1, 2, 2.5, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, are necessary for local climatic, geological or topographical conditions, or are of an administrative or procedural nature, and/or do not modify building 683
2 standards and are reasonably necessary to safeguard life and property within the City; the findings are set forth on Exhibit A, which exhibit is attached hereto and made a part thereof.
SECTION 5. Approval. The City Council hereby approves Ordinance 1613 amending various Chapter within Title 15 “Building and Construction”, Adding Chapter 15.10 “Fire Code” with amendments to Title 15, Adding Chapter 15.11 “Wildland-Urban Interface” to Title 15, Adding Chapter 15.18 “Restroom Facilities” to Title 15, Adding Chapter 15.26 “Grading” to Title 15, and Repealing Chapter 15.28 “Fire District”, as set forth on Exhibit A. Exhibit A is attached hereto and incorporated herein by this reference.
The City Council hereby approves Repeal of Chapter 8.16, “Fire Protection Code” in its entirety, as set forth on Exhibit B. Exhibit B is attached hereto and incorporated herein by this reference.
Chapters 15.36, 15.44, 15.48, 15.52, 15.56, 15.60, 15.64, 15.68, 15.72, and 15.76 are not amended by this ordinance and remain unchanged.
SECTION 6. Effective Date and Publication. The Mayor shall sign, and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937 or January 1, 2026, whichever is later.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Banning, California, approves an amendment to the City of Banning Municipal Code.
INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Banning, California, held on the 28th day of October 2025, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Banning, California, held on the 12th day of November, 2025.
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
Sheri Flynn, Mayor
684
3 City of Banning
Attest: ______________________
Sandra Calderon, Acting Administrative City Clerk
City of Banning
Approved as to form:
_________________________
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney, LLP
685
Exhibit A
Title 15 BUILDINGS AND CONSTRUCTION