December 9, 2025
5:00 p.m.
In Chambers
Council Chambers
99 E. Ramsey Street
Banning, CA 92220
1. CALL TO ORDER
2. AGENDA APPROVAL
AGENDA
CITY COUNCIL - REGULAR MEETING
CITY OF BANNING, CALIFORNIA
The following information comprises the agenda for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.
This meeting is being held via Zoom so that members of the public may observe and participate in this meeting electronically. If you participate in this meeting via Zoom, you are agreeing to abide by the City's Zoom Community Standards for Public Meetings (provided in full on the last page of the agenda). Esta reunión se lleva a cabo en la Cámara y a través de Video/Teleconferencia en Zoom para que los miembros del público puedan observar y participar en esta reunión de manera electrónica. Si elige participar en esta reunión a través de Zoom, acepta cumplir con los Estándares comunitarios de Zoom para reuniones públicas de la ciudad (que se proporcionan en su totalidad en la última página de la agenda).
To observe and participate in the online video portion of the meeting through your personal computer or device, follow this link:
https://us02web.zoom.us/j/82012644588?pwd=RwqtJC8xehLDKZvr3LEKOf9u8uP2pt.1 Dial in: +1 669 900 9128
Meeting ID: 820 1264 4588
Password: 92220
Per the City of Banning Manual of Procedural Guidelines, matters taken up by the Council before 10 p.m. may be concluded, but no new matters shall be taken up except upon a majority vote of the council members present and voting. Such an extension shall only be valid for one hour and each hour thereafter shall require a renewed action for the meeting to continue.
1.1 INVOCATION
Performed by Pastor Todd Oldenburg of Thrive Church
1.2 PLEDGE OF ALLEGIANCE
1.3 ROLL CALL
2.1 AGENDA APPROVAL
City Council - Regular Meeting Agenda
December 9, 2025
1 3. PRESENTATIONS
4. REPORT ON CLOSED SESSION
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS
6. CONSENT ITEMS
6.1 Consideration and Approval of the meeting minutes of the April 22, October 28 and November 12, 2025, City City Council meetings.
6.2 Receive and File Contracts Approved Under the City Manager's Signature Authority and Inventory Reports for October 2025.
6.3 Receive and File Code Enforcement Statistics for the Month of November 2025
6.4 Receive and File Police Department Statistics for the Month of November 2025.
6.5 Receive and File Animal Control Statistics for the Month of November 2025 John Pinkney, City Attorney
5.1 PUBLIC COMMENTS
A three (3) minute limitation shall apply to each member of the public who wishes to address the Council on a matter not on the agenda. No member of the public shall be permitted to share their time with any other member of the public. PLEASE STATE YOUR NAME FOR THE RECORD.
5.2 CORRESPONDENCE
5.3 APPOINTMENTS
Annual City Council Reorganization
Recommendation: Staff respectfully recommends that the City Council appoint one of its members as Mayor and a second as Mayor Pro Tem to serve for a period of one year consistent with Banning Municipal Code, Chapter 2.04.070.
Parks and Recreation Commission Appointment - Position 4, term ending January 31, 2027.
Recommendation: Appoint the applicant to fill the vacancy in Position 4, term ending January 31, 2027, on the Banning Parks and Recreation Commission.
5.4 CITY COUNCIL COMMITTEE REPORTS
5.5 CITY TREASURER'S REPORT
5.6 CITY MANAGER'S REPORT
5.7 CITY ATTORNEY'S REPORT
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.
Recommendation: Approve the meeting minutes of the April 22, 2025, October 28, 2025 and November 12, 2025, City Council meetings.
Recommendation: Receive and file.
Recommendation: Receive and file.
Recommendation: Receive and file.
Recommendation: Receive and file.
City Council - Regular Meeting Agenda
December 9, 2025
2 6.6 Receive and File Fire Protective Services Statistics for the Month of November 2025.
6.7 Public Works Capital Improvement Project Tracking List
6.8 Consideration of Resolution 2025-03 SA, Approving the Establishment of Recognized Obligation Payment Schedule (ROPS) 26-27 A and B for the Period of July 2026 through June 2027 and Approving Certain Related Actions
6.9 Consideration of Resolution 2025-163, Accepting a donation from Sun Lakes Charitable Trust in the amount of $2,000
6.10Consideration of Resolution 2025-166, Approving Community Development Block Grant (CDBG)Applications for Fiscal year 2026/2027
6.11Consideration of Resolution 2025-168, Approving a Human Resources Director Employment Agreement
6.12Consideration of Resolution 2025-169, Amending the Classification and Compensation Plan, Position Reclassification (Public Safety Dispatch Supervisor)
6.13Consideration of Resolution 2025-170, Authorizing Five Professional Service Agreements for On-call Environmental Services for Current and Future Public and Private Projects with the Following Firms: The Altum Group, Dudek, LSA Associates, MNS Engineers, Inc. and Ruth Villalobos & Associates.
6.14Consideration of Resolution 2025-171, Approving a Professional Services Agreement with Willdan Engineering for Building and Safety Services, including Plan Review, Landscape Design Review and Staff Augmentation.
6.15Consideration for Resolution 2025-172, Awarding an Agreement for Homeless Encampment Clean Up, Illegal Dumping Abatement and Graffiti Removal Services to Clean Harbor Environmental Services in the Amount of $150,000 per Year and Rejecting All Other Bids
6.16Consideration of Resolution 2025-173, Awarding a Professional Services Agreement for the Animal Shelter Facility Assessment and Feasibility Study to IDS Group, Inc. in the Amount of $144,487 and Rejecting All Other Bids
6.17Consideration of Resolution 2025-174, A Resolution of the City Council of the City of Banning Making Findings for Unexpended Development Fees in Accordance with Government Code Section 66000 and Reviewing and Accepting Annual Development Fee Disclosure Information.
7. PUBLIC HEARINGS
Recommendation: Receive and file.
Recommendation: Receive and file.
Recommendation: Adopt Resolution 2025-03 SA.
Recommendation: Adopt Resolution 2025-163.
Recommendation: Adopt Resolution 2025-166.
Recommendation: Adopt Resolution 2025-168.
Recommendation: Adopt Resolution 2025-169.
Recommendation: Adopt Resolution 2025-170.
Recommendation: Adopt Resolution 2025-171.
Recommendation: Adopt Resolution 2025-172.
Recommendation: Adopt Resolution 2025-173.
Recommendation: Adopt Resolution 2025-174.
City Council - Regular Meeting Agenda
December 9, 2025
3 7.1 Consider Introduction and First Reading of Ordinance No. 1614 Repealing and Replacing Chapter 12.32 (House Numbering System), and Adoption of Resolution No. 2025-165 Approving the Citywide Addressing Policy.
8. DISCUSSION ITEMS/ACTION ITEMS
8.1 Consideration of Resolution 2025-164, Approving the Purchase of 45 Axon Taser 10 Electronic Control Devices, Accessories, Evidence.com Storage, and Virtual Reality Training Equipment
8.2 Non-Binding Memorandum of Understanding (MOU) between the Cities of Banning, Beaumont, Calimesa, and the Morongo Band of Mission Indians to Collaborate and Continue Discussions Toward the Formation of a Joint Powers Authority for Animal Control Services
8.3 Consideration of Resolution 2025-175, Authorizing the exception of the 180-Day Waiting Period for Retired Annuitant (RA) Bonnie Johnson
9. REPORTS OF OFFICERS
10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS
11. ITEMS FOR FUTURE AGENDAS
12. ADJOURNMENT
Recommendation:
1. Waive full reading, direct the City Clerk to read the ordinance by title only, and introduce Ordinance No. 1614
2. Adopt Resolution No. 2025-165 approving the City of Banning Addressing Policy Recommendation: Adopt Resolution 2025-164.
Recommendation: Authorize the Interim City Manager to Sign a Non-Binding Memorandum of Understanding (MOU) between the Cities of Banning, Beaumont, Calimesa, and the Morongo Band of Mission Indians.
Recommendation:
Adopt Resolution 2025-175.
11.1 NEW ITEMS
11.2 EXISTING ITEMS
1. Animal Control Facility Assessment (Flynn) January 2025
2. Emergency Preparedness (Barrington) January 2025
3. Contractor(s) to do Citywide Cleanup (Flynn) May 2025
4. Review and Update Council Travel Policy (Flynn) May 2025
5. Streamline Procurement Policy (Flynn) August 2025
6. Community Garden, Sun Lakes (Flynn) September 2025
7.Update (anti-camping) Ordinance 1603 (Flynn) October 2025 Next Regular Meeting – January 13, 2026
Zoom Community Standards for Public Meetings
By participating in this meeting on Zoom, you are agreeing to abide by the City of Banning’s Community Standards for Public Meetings. Zoom attendees that fail to adhere to these standards may be removed from the meeting room.
City Council - Regular Meeting Agenda
December 9, 2025
4 Your microphone must remain on mute, and you may only unmute your microphone when/if you are recognized by the Mayor.
Your camera must be turned off unless/until you are recognized by the Mayor.
To indicate a desire to make Public Comment, you must use the Raise Hand function. The Mayor will not recognize those who have not used the Raise Hand function.
Public Comment from Zoom attendees will immediately follow in-person comment from members of the public in Council Chambers.
If you fail to adhere to these community guidelines, you may be removed for disrupting the meeting occurring in Council Chambers. You may rejoin the meeting but may be removed for each violation of these community standards.
The chat function will be disabled for all City Council meetings on Zoom.
Estándares comunitarios de Zoom para Reuniones Públicas Al participar en esta reunión en Zoom, usted acepta cumplir con los Estándares Comunitarios para Reuniones Públicas de la ciudad de Banning. Los que atienden por Zoom que no cumplan con estos estándares pueden ser retirados de la sala de reuniones.
Su micrófono debe permanecer en silencio, y solo puede reactivar su micrófono cuando / si es reconocido por el alcalde.
Su cámara debe estar apagada a menos que sea reconocido por el alcalde.
Para indicar el deseo de hacer un Comentario Público, debe utilizar la función Levantar la mano. El alcalde no reconocerá a quienes no hayan utilizado la función Levantar la mano.
Los comentarios públicos de lo que atienden por Zoom seguirán inmediatamente los comentarios en persona de los miembros del público en las Cámaras del Consejo.
Si no cumple con estas pautas de la comunidad, es posible que lo destituyan por interrumpir la reunión que tiene lugar en las Cámaras del Consejo. Puede volver a unirse a la reunión, pero es posible que lo eliminen por cada violación de estos estándares de la comunidad.
La función de chat estará deshabilitada para todas las Reuniones del Ayuntamiento en Zoom.
AFFIDAVIT • DECLARACIÓN JURADA
IT IS HEREBY CERTIFIED under the laws of the State of California that the above agenda was posted on the City's website (www.banningca.gov) as well as the Bulletin Board at Banning City Hall, located at 99 E Ramsey Street, Banning, CA 92220, at least 72 hours in advance of the meeting.
_________________________
Vickie Sellers, Elected City Clerk
Secretaria Municipal Electa
City Council - Regular Meeting Agenda
December 9, 2025
5 PUBLIC NOTICE • NOTICIA PÚBLICA
Meeting Agendas and Notices
Interested in receiving email and/or text notifications of upcoming City Council meetings? Sign up for meeting notifications through the City's website. Pursuant to amended Government Code §54957.5(b), staff reports and other public records related to open session agenda items are available on the City's website (www.banningca.gov/).
Public Comment
Agenda Items
Any member of the public may address this meeting of the City Council on any item appearing on the agenda. A five-minute limitation shall apply to each member of the public and no member of the public shall be permitted to share their time with any other person.
Non-Agenda Items
Any member of the public may address this meeting of the City Council on any item which does not appear on the regular meeting agenda but is of interest to the general public and is an item upon which the City Council may act. A three-minute limitation shall apply to each member of the public and no member shall be permitted to share their time with any other person. No action shall be taken, nor discussion held by the City Council, on any item which does not appear on the agenda, unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of §54954.2 of the Government Code.
Special Assistance/Accessibility Requests
In compliance with the Americans with Disabilities Act, any member of the public may request that the agenda and agenda packet be mailed to them. If you need special assistance to participate in this meeting (such as translation services), please contact the City Clerk's Office. Advanced notification of at least 48 hours prior to the meeting will allow the city to make arrangements to ensure your accessibility.
¿Necesita servicios de traducción para participar? Contacto Oficina del Secretario de la Ciudad.
CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | [email protected] 99 East Ramsey Street, Banning, California 92220
City Council - Regular Meeting Agenda
December 9, 2025
6 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Sandra Calderon, Acting Deputy City Clerk
MEETING DATE: December 9, 2025
SUBJECT: Annual City Council Reorganization
RECOMMENDATION:
Staff respectfully recommends that the City Council appoint one of its members as Mayor and a second as Mayor Pro Tem to serve for a period of one year consistent with Banning Municipal Code, Chapter
2.04.070.
BACKGROUND:
The annual process of Council reorganization is set by the Banning Municipal Code, Chapter 2.04.070, which dictates that City Council appoint one of its members as Mayor and a second as Mayor Pro Tem.
The term of service for both Mayor and Mayor Pro Tem shall be for a period of one year from date of appointment or until a successor is appointed. No person may become Mayor or Mayor Pro Tem unless a majority of Council members votes to approve the action. A Council Member may be elected to a maximum of two consecutive one-year terms in the same position.
JUSTIFICATION:
In accordance with statute, these appointments are made at the meeting the municipal elections results are declared and new elected officials sworn in and seated. In non-election years, reorganization occurs at the first meeting in December.
Finally, City code dictates that the Council Member appointed to Mayor shall serve as the Chair of the City’s Successor Agency and Housing Authority. The member appointed as Mayor Pro Tem will serve as the Vice Chair to each of these bodies. The Mayor Pro Tem serves as Mayor or Chair only in instances where the Mayor is absent, or the position vacated.
FISCAL IMPACT:
N/A
ALTERNATIVES:
There are no alternatives since the City’s Municipal Code requires this annual process.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
7 ATTACHMENTS:
1. Municipal Code - Appointment of Mayor and Mayor Pro Tem.pdf 8 A.
1. 2.
3. 4.
B.
C.
2.04.070 - Appointment of mayor and mayor pro tem.
General/Annual Appointments.
The City of Banning has a council/manager form of municipal government. All five members of the city council are elected at large to four-year terms. The mayor serves as the nominal head of the council and the mayor pro tem serves as the locum tenens in the absence of the mayor. Additionally, the city has related agencies, including the successor agency to the former community redevelopment agency and the Banning housing authority. These related entities have various officers, including a chair person and vice chairperson.
The city council shall choose one of its members as mayor and one of its members as mayor pro tem every other year at the meeting at which the declaration of the municipal election results and the installation of the newly elected officers is made pursuant to sections 10262 and 10264 of the California Elections Code, following the declaration of the election results.
Additionally, in the intervening years, the organizational meeting shall be held at the first meeting in December. The term of service for both mayor and mayor pro tem shall be for a period of one year from the date of appointment or until their successor is appointed. No person may become mayor or mayor pro tem unless a majority of the council votes to approve the action.
A councilmember may be elected to a maximum of two consecutive one-year terms in the same office.
The mayor shall serve as the chair of the successor agency to the former community redevelopment agency and as chair to the housing authority. The mayor pro tem shall serve as the vice chair of the successor agency to the former community redevelopment agency and as vice chair to the housing authority.
Removal. With a majority vote of the body, any officer holding any office governed by this section may be replaced; but in general, such changes should not be made in midterm, and if made, a replacement officer shall be appointed as stated above in subsection 2.04.070(A).
9 D.
Office of the Mayor Pro Tem. The mayor pro tem will serve as mayor in the event of the absence of the mayor and will be appointed as the mayor when there is a vacancy in the office of mayor.
Manual of Procedures to Govern. All other terms and procedures associated with the seats of mayor/chair, mayor pro tem/vice chair shall be governed by that "Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings for the City of Banning" adopted on October 23, 2012 and as may be amended from time to time.
(Ord. No. 1442, § 2, 10-25-11; Ord. No. 1457, § 1, 11-13-12; Ord. No. 1458, § 1, 10-23-12; Ord. No. 1471, § 2, 10-8-13)
10 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Sandra Calderon, Acting Deputy City Clerk
MEETING DATE: December 9, 2025
SUBJECT: Parks and Recreation Commission Appointment - Position 4, term ending January 31, 2027.
RECOMMENDATION:
Appoint the applicant to fill the vacancy in Position 4, term ending January 31, 2027, on the Banning Parks and Recreation Commission.
BACKGROUND:
The Parks and Recreation Commission’s rules and responsibilities are governed by Chapter 2.40 of the Municipal Code. The Commission’s main function is to serve as an advisory board to the City Council and the Parks and Recreation Director for the purpose of the formulation of rules, regulations and policies for all parks and recreation programs, activities, and fees.
The Banning Municipal Code Section 2.40.030 requires applications be made available and vacancies announced at least two months prior to the vacancy. The vacancy was advertised on the City’s website and across social media platforms. The application period closed on Monday, November 17, 2025.
JUSTIFICATION:
One application from Rita Chapparosa was received for the Parks and Recreation Commission vacancy.
The candidate will be interviewed in a Special Meeting - Workshop on November 9, 2025 beginning at 4:00 p.m. Staff recommends appointing the applicant to the City's Parks and Recreation Commission.
FISCAL IMPACT:
N/A
ALTERNATIVES:
1. City Council could choose to appoint the applicant to the vacant position.
2. Don't appoint the applicant to the City's Parks and Recreation Commission and direct staff to reopen the recruitment.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
11 1. 2025 11 14_Appplication_Rita Chapparosa.pdf
2. Banning__CA_Code_of_Ordinances_2.40.pdf
12 13
14 A.
B.
C.
D.
A.
B.
C.
Chapter 2.40 - PARKS AND RECREATION COMMISSION
2.40.010 - Established—Purpose.
There is hereby established a parks and recreation commission of the city for the purpose of facilitating the integration of the parks and recreation activities for the city. (Code 1965, § 15-1; Ord. No. 1438, § 1.A., 6-14-11)
2.40.020 - Advisory agency designated—Powers and duties.
The city parks and recreation commission shall serve as an advisory agency to the city council and the director of community services for the purpose of the formulation of rules, regulations and policies for all parks and recreation programs, activities, and fees. Parks and recreation commission members shall be registered voters of the City of Banning.
(Code 1965, § 15-2; Ord. No. 1438, § 1.A., 6-14-11)
2.40.030 - Appointment of members.
The parks and recreation commission shall consist of five members.
The parks and recreation commission shall serve four-year terms, which shall be staggered every two years concurrent with the city elections. Appointments shall be made by the city council.
Applications shall be made available and the closing date announced at least two months prior to the expiration of the commissioner's term to be filled.
Members shall serve at the pleasure of the council and may be removed at any time by a majority vote of the entire council.
Any member who is absent from two regular meetings of the Commission within a twelve-month period whether the absence is excused or not, will be deemed to have resigned their office and the City Council may appoint a new member to serve in the resigned commissioner's place for the remainder of the existing term.
(Code 1965, § 15-3; Ord. No. 1438, § 1.A., B., 6-14-11; Ord. No. 1579, § 2, 11-9-21)
2.40.040 - Conduct of meetings.
The commission shall meet at 6:00 P.M. on the third Wednesday of the following months: January, February, March, April, May, June, September, October and November.
Additional meeting may occur if deemed necessary by the city council or commission chairperson.
A majority of the voting members of the commission shall constitute a quorum. 15 (Code 1965, § 15-4; Ord. No. 1438, § 1.A., 6-14-11)
16 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Sandra Calderon, Acting Deputy City Clerk
MEETING DATE: December 9, 2025
SUBJECT: Consideration and Approval of the meeting minutes of the April 22, October 28 and November 12, 2025, City City Council meetings.
RECOMMENDATION:
Approve the meeting minutes of the April 22, 2025, October 28, 2025 and November 12, 2025, City Council meetings.
BACKGROUND:
After every meeting, the City Clerk's Office prepares meeting minutes. The City Council reviews and approves these minutes either as presented or with modifications.
JUSTIFICATION:
These minutes have been prepared as summary minutes in accordance with City Council Resolution 2025-22 and Government Code Section 36814, 4801, and 54953 (c)(2).
FISCAL IMPACT:
None
ALTERNATIVES:
1. Approve as recommended.
2. Approve with modifications.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. 2025 04 22 _ Workshop_DRAFT.pdf
2. 2025 04 22_City Council_Regular Meeting_DRAFT.pdf
3. 2025 10 28_ Cty Council_Regular_DRAFT.pdf
4. 2025 11 12_City Council_Closed Session_DRAFT.pdf
17 1
MINUTES
CITY COUNCIL - SPECIAL MEETING (WORKSHOP)
CITY OF BANNING, CALIFORNIA
April 22, 2025 Council Chambers
4:00 p.m. 99 E. Ramsey Street
In Chambers Banning, CA 92220
The following information comprises the minutes for the special meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.
1. CALL TO ORDER – 4:04 P.M.
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: John O. Pinkney, City Attorney
Robert Fisher, Acting City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Acting Administrative City Clerk
2. PUBLIC COMMENTS - Agenda Items Only
Harry Sullivan spoke about the location of his properties and the severity updates in relation to his fire insurance renewals. He also commented on the benefit of the Banning Municipal Airport and it’s usage during fire season.
Frank Connolly asked whether public comment would also be opened after the workshop.
3. WORKSHOP
3.1 City of Banning Local Responsibility Area Fire Hazard Severity Zones Map Update Mikki Sherry, Fire Marshal provided the presentation.
Council questions:
Mayor Flynn asked about the coloring to the severity zones, clarifying the color in 18 2
relation red, orange, pink and yellow. She also asked if realtors must disclose the information, and whether clearer map could be provided to include streets.
Mayor Pro Tem Royce asked how this would affect future developers coming into the city of Banning.
Mayor Flynn inquired about the footage of defensible space concerning the zoning, particularly zone zero. She also asked who would be responsible for enforcement and whether it would be mandatory.
Councilmember Wallace clarified the maintenance responsibilities for tree branches and bushes, specifying how to determine whether the city or the homeowner is responsible.
Mayor Flynn opened public comments
Frank Connolly commented about developers requirements to plant trees in public right-of-ways, calling it a fire hazard.
John Hagen commented on the zone maps and questioned the impact of current homes and fire insurance rates.
Harry Sullivan commented on his property located on Wilson St., mentioning his prior experience that nothing has caught fire and stating that the map is not accurate.
Mayor Flynn closed public comments
4. ADJOURNMENT – 4:48 P.M
Motion to adjourn the meeting made by Mayor Pro Tem Royce and seconded by Councilman Miller.
Motion carried unanimously 5-0.
Prepared by: Amanda Morgan, Program Coordinator
Reviewed and submitted by: Sandra Calderon, Acting Deputy City Clerk.
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/191?view_id=1&redirect=true 19 1
MINUTES
CITY COUNCIL - REGULAR MEETING
CITY OF BANNING, CALIFORNIA
April 22, 2025 Council Chambers
5:00 p.m. 99 E. Ramsey Street
In Chambers Banning, CA 92220
The following information comprises the minutes for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.
1. CALL TO ORDER
– 5:05 PM
1.1 INVOCATION
1.2 PLEDGE OF ALLEGIANCE
1.3 ROLL CALL
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: John O. Pinkney, City Attorney
Robert Fisher, Acting City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Acting Administrative City Clerk
2. AGENDA APPROVAL
2.1 AGENDA APPROVAL
Motion to approve the agenda made by Councilmember Wallace and seconded by Councilmember Miller.
Motion carried unanimously 5-0
20 2
3. PRESENTATION
3.1 Proclamation - Small Business Month
Mayor Flynn read the proclamation
4. REPORT ON CLOSED SESSION
None
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND
REPORTS
5.1 PUBLIC COMMENTS
Mayor Flynn opened public comments
John Hagen expressed concern about the lack of cleanliness throughout the city, especially in the downtown area. He referenced a video he watched where Juanita Diaz was cleaning up an area, and Jeff Platt told her to stop.
He suggested that some property and business owners are neglecting their responsibilities to maintain their lots, leading to areas like those near the courthouse becoming overgrown and filled with trash again after previous clean-ups. He urged the city to take stronger action, including issuing fines or placing items on property that remain unmaintained.
Sue Savage, commented on signs of a possible recession in Banning, noting a sharp decrease in truck traffic on the I-10 freeway compared to past years. She explained that fewer 18-wheelers suggest reduced commerce, which could indicate a local economic downturn. She warned that these slowdowns could lead to declines in sales tax revenue, property values, and business activity. She encouraged the council and residents to pay attention to the local indicators.
Lincoln Bogard, referenced a special meeting held on Good Friday, noting that standing committees are subject to the Brown Act. He expressed concern about possible ongoing Brown Act violations, including past meetings involving the Mayor Pro Tem, City Treasurer, and Acting City Manager, in which staff were directed outside of public meetings, as well as email exchanges between the City Treasurer and City Council members. He also addressed being placed on administrative leave, stating that the letter doing so was legally improper and appeared retaliatory, coinciding with the acceptance of his complaint to the Grand Jury.
Diego Rose, addressed ongoing issues related to a neighboring project at 4296 W. Ramsey St., which he said has negatively affected his property and violated city codes, including the construction of a 10-foot wall. He stated he has raised these concerns for four years without resolution from city staff or past management. He requested that the matter be addressed publicly or 21 3
placed on a future agenda to seek resolution, emphasizing their desire to work collaboratively with the city rather than to pursue legal action.
Harry Sullivan provided information regarding funding opportunities for the Banning Municipal Airport. He stated that the hangers are in poor condition but could be refurbished using Federal Airport Improvement grant funds available through the 2021 Infrastructure Bill. He noted that Banning was eligible for approximately $585,000 in total funding from 2022-2025, but Public Works has not pursued these grants. He urged the City Council to take action to apply for and utilize the funds to repair hangars and increase airport revenue.
Bill Hobbs, thanked the City Council, City Manager and City Attorney for their efforts and positive changes in the city, noting a more positive tone in community discussions. He expressed concern about the growing homelessness issue in Banning, mentioning related mental health, drug and alcohol challenges. He urged state and local governments to revisit the use of treatment facilities, such as state hospitals, to better address these issues. He also noted the increase in visible homelessness and crime around town, including near Banning Point, and mentioned plants to participate in a protest at Larry D. Smith Correctional Facility regarding inmate releases.
Heidie Marie, expressed concern about a city video being removed from the City of Banning’s Facebook page, stating it should remain accessible to the public under the California Public Records Act. She felt that the removal violated the resident’s rights to view and comment on public materials and mentioned her intent to seek legal counsel. She criticized comments allegedly made by the mayor on social media, describing them as inappropriate and dismissive towards residents. She also questioned the mayor’s conduct during the meeting and the lack of financial reports from the City Treasurer, urging city leadership to set a better example and cause on transparency and professionalism.
Todd Oldenberg thanked the City Council for their service and acknowledged the challenge of leadership. He expressed concerns about homelessness, crime, vacant properties, and recent staff turnover, urging the council to improve transparency, unity and develop a clear vision for Banning’s future focused on safety, business growth, and community wellbeing.
5.2 CORRESPONDENCE
5.3 APPOINTMENTS
5.4 CITY COUNCIL COMMITTEE REPORTS
Councilmember Wallace reported that she attended the Community Action meeting as an alternate member. She also said she would be traveling to Sacramento to attend 22 4
the Cal Leader’s Summit and would miss the Borders Committee meeting on Friday but would attend via different means Zoom.
Mayor Pro Tem thanked everyone who had attended his town hall meeting. He also reported he will travel to Sacramento for the Cal Leader’s Summit.
Councilmember Barrington thanked those who attended her town hall meeting stating it was informative.
Councilmember Miller reported that he had met with the Blue Zones Steering Committee to discuss various projects and policy ideas aimed at improving the community’s health and well-being. He highlighted the issue of the high number of liquor stores in the city which he noted contributes to challenges in the homelessness situation. He also reported that he has a meeting scheduled for the 29th to discuss the release of inmates with the County Supervisor’s office.
Mayor Flynn reported that she attended RCTC, but there was nothing to report that directly affects Banning.
5.5 CITY MANAGER'S REPORT
5.6 CITY ATTORNEY'S REPORT
John Pinkney, reminded the council and community of the rules from the Manuel of Procedural Guidelines.
5.7 CITY TREASURER'S REPORT
Sue Savage, spoke regarding the city’s financial condition, emphasizing concerns over continued net cash flow losses. She reported cumulative losses of approximately $50 million over the past four years, averaging $12 million annually, with over $1 million already lost in 2025 year to date. She urged transparency, accountability, and the reinstatement of regular budget and finance and committee meetings, warning that without corrective action, the city risks significant financial instability.
6. CONSENT ITEMS
Items pulled: 6.10, 6.2, 6.4, 6.3, 6.6, 6.7, 6.9, 6.13, 6.14, 6.15 Mayor Flynn opened public comments for items not pulled Lincoln Bograd commented on the city's finances, stating that there is a positive cash flow.
However, he noted that citywide finances include bond-funded improvements and past issues within the Electric Department that were identified in 2022-23. He also mentioned the Treasurer's numbers, indicating that they only reflect citywide data and do not include justifications or the mid-year budget.
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Diego Rose observed that reactions during the meeting were divided based on different perspectives and criticized the lack of genuine discussion, describing the process as mostly a display without substance. He expressed concerns about the traffic studies commissioned by the city, noting that they focus solely on vehicle traffic while neglecting the needs of pedestrians and cyclists. He highlighted the irony of this oversight, given the city’s stated goals for walkability and healthy communities. For instance, he pointed out a current grant project on Omar Street that fails to incorporate proper sidewalk infrastructure, forcing pedestrians into traffic lanes. Rose urged the council to thoroughly review and address these omissions before approving any future studies or projects.
Frank Connolly urged the council to reduce the speed limit on Ramsey Street back to 35 mph, noting an increase in accidents particularly between 8th and Sunset and around 12th and 16th streets. He also requested lowering Wilson Street’s speed limit to 25 mph, stating that higher speeds make it unsafe for drivers entering local businesses and that the area should not feel like a freeway.
Motion to approve consent items that were not pulled made by Councilmember Barrington and seconded by Councilmember Wallace
Motion carried unanimously 5-0.
6.1 Receive and File Fire Protection Services Statistics for the Month of February 2025
6.2 Receive and File Police Department Statistics for the Month of March 2025 Council questions:
Mayor Pro Tem Royce questioned the stats and the number representation regarding crimes. He also questioned the numbers surrounding harassment.
Mayor Flynn noted aggravated assault has increased 80% and asked whether that is an anomaly. noting some decrease in crime as well.
Mayor Flynn opened public comment
None
Mayor Flynn closed public comment
6.3 Receive and File Code Enforcement Statistics for the Month of March 2025 Council questions:
Mayor Flynn complimented Code Enforcement noting the increase in open cases and expressed appreciation.
Mayor Flynn opened public comment
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None
Mayor Flynn closed public comment
6.4 Accept an Easement from San Jacinto Grid, LLC for Sidewalk Purposes on APN 541-220- 024 on Galleher Way
Council questions:
Councilmember Miller addressed some concerns about the address not matching the parcel.
Mayor Flynn opened public comment
Frank Connolly commented that the Honeywell project is located on the east side of Galleher Way, not the west. He noted that parcel 303-01 consists of two separate lots due to marijuana cultivation requirements
Mayor Flynn closed public comment
Motion made by Councilmember Wallace to ccept an easement and seconded by Councilman Miller
Motion carried unanimously 5-0
6.5 Receive and File Contracts Approved Under the City Manager's Signature Authority and Inventory Reports for March 2025.
6.6 City Council Travel and Conference Expense Report Year to Date Through March 2025
Council questions:
Mayor Flynn asked for labels to be clear for travel expenses, giving examples for fuel and rental costs.
Mayor Flynn opened public comments
Lincoln Bogard commented that he has heard many discussions at the Budget and Finance Committee and City Council meetings but noted that the only person he has heard called into question is Councilmember Wallace.
Mayor Flynn closed public comments.
6.7 Receive and File Cash and Investments Report for the Month of February 2025
Council questions:
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Mayor Flynn questioned the difference in amounts for a Wells Fargo account, asking bout the expenditure differences between January and February. She also asked about a Successor Agency account.
Mayor Flynn opened public comment
Lincoln Bogard explained that the increase to the account is the ensure the account is adequately funded for semiannual bond payments. The Wells Fargo account balance fluctuates throughout the year, increasing during property tax collection periods in December, January, and June. This timing aligns with the city’s largest inflow of revenue. He noted that this has been explained to the council previously.
Mayor Flynn closed public comment
6.8 Public Works Capital Improvement Project Tracking List
6.9 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of February 2025
Council questions:
Mayor Flynn questioned a security deposit of $1,800.00 to Pippenger Holdings, charges to Marriott Desert Springs, and In Gear technology Mayor Flynn opened public comment
Lincoln Bogard commented that POST training is typically held at a Palm Desert location, where many officers attend and usually commute daily unless they live more than 50 miles away. He noted that the city had received three gifted BMW motorcycles.
Mayor Flynn closed public comment
6.10 Consideration to Adopt an Amendment to Administrative Policy (AP) No. B-35 –Grant Management/Administration
Council questions:
Councilmember Wallace clarified that there was a removal of the City Manager’s signature, noting the City Council would be the main approval; asking why the City Council would be involved in administration, not policy and procedures.
Mayor Flynn noted that it would still include the City Manager, but not only the City Manager.
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Art Vela, Public Works Director, asked for clarification on whether the approval allows staff to prepare and submit grant applications without requiring separate approvals, noting that this would help avoid delays and maintain competitiveness.
Mayor Flynn opened public comment
Lincoln Bogard noted that many grants only allow a 30-day response window, making it difficult to bring each one to a council meeting. He suggested that an email from the city manager to inform council and gauge interest would be appropriate, cautioning that requiring council meetings for every grant could result in missed opportunities.
Mayor Flynn closed public comment
Motion to table item 6.10 made by Councilmember Wallace and seconded by Mayor Pro Tem Royce.
Motion carried unanimously 5-0.
6.11 Consideration of Resolution 2025-48, Authorizing staff to Sign the Subdivision Improvement Agreement and Accept Faithful Performance and Labor Bonds for Public Improvements for Storm Drain Improvements within Final Maps 37389, - 1, -4, -5, -6
6.12 Consideration of Resolution 2025-49, Awarding a Professional Services Agreement for Project No. 2025-01 On-Call Engineering and Traffic Survey (E&TS) to Willdan Group, Inc. of San Bernardino, CA in the Amount of $35,957 and Approving a 10% Contingency for a Total Project Budget of “Not-to-Exceed” $39,552.70
6.13 Consideration of Resolution 2025-50, Approving Amendment #3 to Eide Bailly Year-End Close Services Contract to Increase Total Not-To-Exceed Amount from $125,000 to $200,000
Council questions:
Mayor Flynn requested a timeline, noting it was difficult to start the date.
Michelle Green provided a timeline including dates, highlighting tasks included under the contract.
Mayor Flynn opened public comment
Mayor Flynn closed public comment
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Motion to approve Resolution 2025-50 made by Councilmember Wallace and seconded by Councilmember Miller
Motion carried unanimously 5-0.
6.14 Consideration of Resolution 2025-51, Approving an Amendment No. 3 to the Professional Services Agreement (C00853) with Eide Bailly for External Audit Services for Fiscal Year 2023-24 Cost Overruns in the Amount of $99,500 after 23 Percent Discount.
Michelle Green provided an overview of the agreement and timelines included.
Mayor Flynn opened public comment
Mayor Flynn closed public comment
Motion to adopt Resolution 2025-51 made by Councilmember Wallace and seconded by Mayor Pro Tem Royce.
Motion carried unanimously 5-0.
6.15 Consideration of Resolution 2025-52, Approving Amendment No. 1 to Professional Services Agreement with UBEO Business Services LLC for Scanning and Indexing Services, including Appropriating Additional Funding of $45,000 for Fiscal Year 2024/2025 with Options to Extend Annually for a Total Contract Amount Not to Exceed $300,000.
David Newell, Community Development Director, provided background and a staff report regarding the agreement, highlighting the number of documents and their types that have been scanned to make them available to the public.
Council questions:
Mayor Flynn inquired about how many years back the required documents need to be filed, noting the backlog and encouraged departments to stay on top of filing in the future.
Mayor Pro Tem Royce asked of the 20 years of data how much has been scanned to date and asked how the public would get access.
Councilmember Barrington stated that the requested funds are for catching up and maintaining that status.
Mayor Flynn noted that the 5-year time frame is too far out to be locked into a contract.
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Councilmember Miller inquired if there would be an option for RFP once the documents are up to date.
Mayor Flynn opened public comment
Lincoln Bogard commented that moving toward a paperless system, as other cities hav done by requiring electronic plan submittals, could be beneficial since digital storage may eliminate the need for paper records.
Frank Conolly voiced support of a two-year agreement, noting the city could not hire a staff member to perform the same work for $50,000 per year and lacks the necessary equipment. He felt the current provider is performing well and recommended continuing for another year or two, with the option to amend or extend later if needed.
Mayor Flynn closed public comment
Motion made by Mayor Flynn and seconded by Councilmember Barrington Motion carried unanimously 5-0.
6.16 Consideration of Resolution 2025-53, Amending the Classification & Compensation Plan for the City of Banning
6.17 Adopt Resolution 2025-54, Approving the Measure “A” Five Year Capital Improvement Plan Project List and Authorizing the City Manager to Execute the Maintenance of Effort Certification Statement
7. PUBLIC HEARINGS
8. REPORTS OF OFFICERS
9. DISCUSSION ITEMS
9.1 Update on the City's Utility Billing Issues
Art Vela, Public Works Director, provided the staff report. Vela provided context behind the background of the Utility billing new software roll out and why it failed. He explained the processes staff is taking to bring billing current.
Council questions:
Councilmember Barrington asked staff to email the presentation. She also asked when a transition of software would take place, noting that a future transition should not make the same mistakes.
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Mayor Pro Tem Royce inquired about the ACH fees before the new software rollout, noting that in 25 years of living in Banning, he has never paid fees.
Mayor Flynn opened public comment
John Hagen commented that despite reducing yard watering and having fewer people in the home, his water usage has tripled since the meter change. He questioned why the new billing system is still malfunctioning after significant investment and asked whether the City is receiving any compensation from the vendor for a system that isn’t working and may require reverting to the old process.
Resident expressed concern about the billing issues and agreed with Councilmember Barrington’s question about preventing delays in notification. He stated he did not want to wait 3-4 months to be informed of problems, especially since unexpected bills of several thousand dollars are difficult for seniors on fixed incomes.
He questioned why customers were not notified earlier if the city knew there were system issues, and said clearer communication could have prevented surprises. He also asked how billing would work moving forward and whether residents can manage both a payment plan and their current bill at the same time.
Frank Connolly spoke and plans to file a Freedom of Information Act request for the address of the payment processing company, Milsoft. He objected to being charged percentage-based fees for debit card payments, stating debit transactions should only have a flat fee and that the current practice may violate consumer protection laws. He urged the City to waive these fees until proper debit/ATM processing is installed, noting many residents rely on debit cards due to limited local banking access.
Lincoln Bogard explained that the city’s system is two versions behind. A representative advised that upgrading to an on premise version would require updating the IBM servers. The City also has an option to move the system to the cloud, and in either case, existing account structures would carry over.
Mayor Flynn closed public comment
Council discussion:
Mayor Pro Tem Royce confirmed bugs in the system, noting the notification system should be better.
Councilmember Miller mentioned that residents would like to see the total of what is owed and whether this could be showcased on the bills.
Councilmember Barrington noted that she thinks it would be best to waive late fees until the billing is caught up and it is owed to residents for the City to absorb the fees.
Mayor Pro Tem Royce agreed that fees should be waived until billing is caught up. 30 12
Mayor Flynn questioned whether all banks charge the same fees for credit card payments. She also noted not charging extra fees is important only until the billing is caught up and that the City should not continue to absorb those fees.
Councilmember Barrington noted that there are issues with the water readings, even though her meter had been replaced.
10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS
Councilmember Wallace announced:
• Banning Women’s Club Spring Fashion Show
• Cool off with a Cop at Repplier Aquatic Center
• Coffee with a Cop at Banning Starbucks
Councilmember Barrington thanked City staff for their tireless work and dedication in catching up the Utility bills.
Councilmember Miller expressed gratitude to the City staff and emphasized the importance of collaboration among everyone. He also announced the National Day of Prayer at the Banning Community Center on May 1st.
Mayor Flynn commented that they had not fired anyone in the city.
11. ITEMS FOR FUTURE
AGENDAS
11.1 NEW ITEMS
1. Interim City Manager
Evaluation (Miller)
11.2 EXISTING ITEMS
1. Update on Community Garden (Flynn)
2. Developer Presentation on Sunset Crossroads Project (Flynn)
3. Contracting Animal Services (Flynn)
4. Emergency Preparedness (Barrington)
5. Changes to the Banning Procedural Manual (Royce)
6. Discussion of Reversing Decision to Close Airport (Royce)
7. Patriot Tree (Barrington)
8. Contractor(s) to do Citywide Cleanup (Flynn)
9. RFP for City Manager (Wallace)
10. Long term City Strategic Planning (Miller)
11. Armory Grant (Royce)
12. Review Grant Management Protocol (Flynn)
13. Update on Electric Billing (Miller)
14. Review and Update Council Travel Policy (Flynn)
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12. ADJOURNMENT – 8:16 PM
Next Regular Meeting – May 13, 2025
Prepared by: Amanda Morgan, Program Coordinator
Reviewed and submitted by: Sandra Calderon, Acting Deputy City Clerk.
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/192?view_id=1&redirect=true 32 1
MINUTES
CITY COUNCIL - REGULAR MEETING
CITY OF BANNING, CALIFORNIA
October 28, 2025 Council Chambers
5:00 p.m. 99 E. Ramsey Street
In Chambers Banning, CA 92220
The following information comprises the minutes for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: John O. Pinkney, City Attorney
Arturo Vela, Interim City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Acting Administrative City Clerk
1. CALL TO ORDER –6:23 p.m.
1.1 INVOCATION
Performed by Pastor Nate Rodriguez of Infinite Center Church
1.2 PLEDGE OF ALLEGIANCE
1.3 ROLL CALL
COUNCIL MEMBER PRESENT ABSENT
Barrington, Cynthia X
Flynn, Sheri X Miller, Leroy X
Royce, Richard X
Wallace, Colleen X
2. AGENDA APPROVAL
2.1 AGENDA APPROVAL
A motion was made to approve the agenda by Council Member Wallace and seconded by Council Member Miller
Motion passed with a 5-0 vote
3. PRESENTATIONS
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None
4. REPORT ON CLOSED SESSION
John Pinkney, City Attorney
City Attorney John Pinkney reported that the closed session was not concluded and would be revisited later in the meeting, with no reportable action taken at that time.
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS
5.1 PUBLIC COMMENTS
No public comments
5.2 CORRESPONDENCE
No correspondence was received.
5.3 APPOINTMENTS
Appoint a New Committee Member for the League of California Cities Recommendation: Appoint a new committee member for the League of California Cities (CalCities).
Council Member Barrington requested to be removed from the League of California Cities committee.
Mayor Flynn nominated Mayor Pro Tem Royce to become the member, and Councilmember Miller as the alternate.
Motion carried unanimously 5-0.
5.4 CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on the SANDAG committee meeting, discussing the Lithium Valley project in Imperial Valley, with implementation expected by the end of December.
Mayor Pro-Tem Royce and Councilmember Barrington had no committee reports.
Councilmember Miller reported on the RTA meeting, which focused on naming new board members.
Mayor Flynn reported attending the RCTC Western Riverside County Programs and Project Committee with nothing to report.
5.5 ANNOUNCEMENTS OF CITY COUNCIL MEMBERS
Parks and Recreation Director Ralph Wright provided an update on the partnership with Supervisor Gutierrez's office and Instar is Wellbeing for free produce distribution events, starting in November on the second Thursday of each month from 9:30 a.m. to 11:30 a.m. at 150 East Ramsey. He also reported that the Trunk-or-Treat event at the Community Center had approximately 1,300 attendees and 30 participating community groups.
5.7 CITY ATTORNEY'S REPORT
City Attorney John Pinkney discussed two new laws: SB 827, requiring fiscal and financial training for local government officials, effective January 1, 2026, with a compliance deadline of January 1, 2028, for current officials and within six months of assuming office for new officials; and SB 707, modernizing the Brown Act with updated provisions on teleconferencing, public participation, and accessibility, including hybrid meeting requirements, disruption policies, translation of meeting agendas and instructions, and outreach efforts. The Brown Act must now be provided to all newly elected or appointed members of a 34 3 legislative body. Social media rules were clarified, and reasonable accommodations for teleconferencing due to disability were outlined. Special meeting rules were also updated.
6. CONSENT ITEMS
6.1 Approval of the meeting minutes for the March 3, 2025 Special Meeting (Workshop), March 11, 2025 City Council meetings, March 25, City Council meetings and October 14, 2025 City Council meetings
6.2 Receive and File Contracts Approved Under the City Manager's Signature Authority and Inventory Reports for September 2025
6.3 Receive and File Code Enforcement Statistics for the Month of September 2025
6.4 Receive and File Fire Protective Services Statistics for the Month of September 2025.
6.5 Receive and File Animal Control Statistics for the Month of September 2025
6.6 Receive and File Police Department Statistics for the Month of September 2025
6.7 Acceptance of a Right-Of-Way Dedication for Road and Utility Purposes on APNs 534-283- 009 and 534-283-010 on 818 and 836 Allen Street
6.8 Accept as Complete the Highland Springs Avenue/San Gorgonio Memorial Hospital Bus Bays and Authorize 90% Reduction of the Improvement Bonds
6.9 Public Works Capital Improvement Project Tracking List
6.10 Acceptance of Various Easements on APN 541-330-004 at 1350 Barbour Street
6.11 Consideration of Resolution 2025-144, Awarding a Professional Services Agreement to ICF Incorporated, LLC for Zero-Emission Vehicle Fleet and Infrastructure Transition Action Plan in the Amount of $309,946 and Rejecting All Other Bids
6.12 Consideration of Resolution 2025-151, Authorizing the Department of Water Resources Urban and Multibenefit Grant Amendment No. 2, Acceptance, and Execution for the Meadow Lark Lane Water Improvements for Drought Relief Project
6.13 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
6.14 Consideration of Resolution 2025-153, Amending the Classification and Compensation Plan, Position Title Change
6.15 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.
Council Member Miller pulled consent items 6.4 and 6.6 for separate consideration. Public comment was opened and closed on the remaining consent items.
A motion was made to approve consent items 6.1, 6.2, 6.3, 6.5, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13,
6.14, and 6.15 by Council Member Wallace and seconded by Mayor Pro-Tem Royce.
Motion passed with a 5-0 vote.
Council Member Miller inquired about the status of false alarm fees for the Fire and Police Departments. City Manager explained that the Fire Department is working on the implementation process, clarifying the fee structure and responsibilities. The Police Department is moving forward with implementation, awaiting signed forms from the vendor and setting up the landing page. The goal is to integrate both departments into the program, addressing how Fire Department false alarms will be recorded and communicated to the PD for fee collection.
Public comment was opened and closed on items 6.4 and 6.6.
A motion was made to receive and file items 6.4 and 6.6 by Council Member Miller and seconded by Mayor Pro-Tem Royce.
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Motion passed with a 5-0 vote.
7. PUBLIC HEARINGS
7.1 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.
Director David Newell presented the staff report submitted to subdivide two parcels into 11 residential lots South of George Street and West of Cherry Street. The property is 2.83 acres in size and located in a low-density residential zone. The Planning Commission recommended approval with conditions on September 3rd. The new design includes a full cul-de-sac and a retention basin. Staff recommended adopting Resolution 2025-150 subject to conditions, including two additional public works conditions to ensure access to a landlocked parcel adjacent to the project.
Council Member Barrington expressed concern about the density. Council Member Miller discussed the fire access and compliance with low-density requirements. The location of the access easement and driveway were clarified.
Mayor Flynn opened the Public Hearing at 7:02 p.m.
No public comments.
Mayor Flynn closed Public Hearing at 7:02 p.m.
A motion was made by Council Member Wallace to approve Resolution 2025-150 including two additional public works conditions. Seconded by Mayor Pro-Tem Royce.
Motion passed with a 5-0 vote.
7.2 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.”
Director David Newell presented the staff report, explaining the city's responsibility to enforce state model building and fire codes, updated every three years. Ordinance 1613 includes Exhibit A (changes to Title 15) and Exhibit B (repealing Chapter 8.16). Key changes include incorporating 2025 code references, moving fire codes to Title 15, removing references to unreinforced masonry, updating to the International Building Code, and revising the electric vehicle charging ordinance.
Deputy Fire Marshal Michelle Starkey, discussed amendments to the California Fire Code and the new California Wildland Urban Interface Code, emphasizing consistency across Riverside County while ensuring local control. Amendments include clarifying the application of the Wildland Urban Interface Code, updating cost recovery language, adding remote access requirements, and exempting noncombustible fueling station canopies from sprinkler requirements. Changes to mobile food preparation vehicle requirements and fireworks regulations (increasing clearance to 100 feet per shell inch) were 36 5
also highlighted. The new California Wildland Urban Interface Code (Title 24, Part 7) includes amended sections to match the California Fire Code regarding permits, fire hazard severity zone maps, construction scope clarification, setback requirements, fire protection plan requirements, and defensible space zones. Key points include restrictions on firewood storage, green belts as fuel breaks, vegetation near power lines, and non-combustible fencing. These changes aim to protect residents and first responders, align with regional standards, reduce wildfire risks, support insurance eligibility, and ensure resilient growth.
Mayor Flynn opened Public Hearing at 7:21 p.m.
No public comments.
Mayor Flynn Closed Public Hearing at 7:21 p.m.
A motion was made by Mayor Pro-Tem Royce Wallace to waive first reading of Ordinance 1613, incorporating the revised Exhibit A, seconded by Councilmember Wallace.
Motion carried unanimously 5-0
8. REPORTS OF OFFICERS
8.1 Consideration of Resolution 2025- 148, Approving the Short Range Transit Plan for Fiscal Year 2025/2026 – 2027/2028 and Authorizing the Submittal of the FY 2025/2026 Funding Claims
Recommendation: Adopt Resolution 2025-148
Art Vela, Interim City Manager presented the staff report, explaining that the short-range transit plan identifies transit operation services and capital improvements needed for Riverside County over three years, serves as a management tool, and justifies funding. Banning Connect's primary funding sources include the Local Transportation Fund (LTF), State Transit Assistance (STA), State of Good Repair, and Low-Carbon Transit Operations Program (LCTOP). The City is requesting approximately $2.9 million in operations funds and $2 million in capital STA funds for the upcoming year. The free fare program, funded by LCTOP, has helped ridership recover from COVID. The $2.9 million operations cost represents an essential service, with the City responsible for a 10% farebox recovery (approximately $290,000).
Efforts to meet the fare box requirement include a city transit advertising program and the new CNG station, which will be 100% asset owned by the transit department and include a public dispenser.
Mayor opened public comments.
Frank Connelly noted a projected shortfall of $133,000 based on the 10% fare box requirement, even considering the LCTOP funds.
Mayor closed public comments.
Interim City Manager Vela, acknowledged the shortfall and expressed confidence in the CNG station and advertising program to close the gap, suggesting fare increases as another solution.
Mayor Pro-Tem Royce agreed that the transit service is a good deal but emphasized the need for a contingency plan to operate as close to net zero
Interim City Manager Vela, mentioned a planned comprehensive operations analysis (COA) to identify ways to improve efficiency, such as changing bus routes. The COA was delayed due to the lack of a transit manager and the impact of COVID on ridership numbers. A new transit manager has been hired and is expected to start soon, allowing the COA to proceed. 37 6
A motion was made by Council Member Miller to approve Resolution 2025-148, Approving the ShortRange Transit Plan for Fiscal Year 2025/2026 – 2027/2028 and Authorizing the Submittal of the FY 2025/2026 Funding Claims, seconded by Mayor Pro-Tem Royce.
Motion carried unanimously 5-0
9. DISCUSSION/ACTION ITEMS
9.1 Discussion of Options and Obtain Direction regarding Citywide Landscape Maintenance Contracts
Recommendation: As requested by the City Council, discuss the three (3) different landscape maintenance contracts within the City with City Council and obtain direction on several options
Nate Smith, Deputy Director of Public Works/City Engineer provided background on the Landscape Maintenance District (LMD), highlighting its regulatory framework under the Landscape and Lighting Act.
The LMD is a special district with predefined benefits for each zone, funded by assessments. Increases in rates outside of approved inflation adjustments are subject to Prop 218. The LMD helps maintain statutory requirements for water quality basins. The LMD currently has 11 zones, created in 1990.
Zones 1-5 have no inflation adjustment, while zones 6-11 do. Some zones have surpluses, while others have deficits. Zones 3, 4, 5, and 9 currently have structural deficits, meaning the City is spending more than it collects in revenue. Richard Sanchez Park was transferred out of Zone 1 to the Parks District, eliminating the structural deficit in that zone. The level of service varies by zone, depending on funding.
Zones with healthier balances can provide more frequent mowing and shrub maintenance. The current practice results in uneven maintenance and appearance throughout the LMD, with some zones appearing abandoned. The City also has an as-needed contract to address irrigation failures, replacements, and vandalism, which further strains zone funds. The community has expressed frustration with the LMD, particularly in areas where the level of service does not meet expectations.
Mayor Pro Tem Royce, questions the level of service in LMD Zone 5, citing dead or overgrown vegetation, persistent water leaks, and lack of tree trimming. Argues that these issues undermine the justification for a Prop 218 increase. He highlights the mismanagement of resources and the lack of timely maintenance, questioning the high cost of the zone given the apparent lack of service.
Deputy Director Smith states that the next step after removing vinyl fencing is to clean out the dead shrubs, using street maintenance workers. The broken vinyl fencing was discarded and plans to use mulch in those areas. He states that Zone 5 receives $450 worth of service per month.
Council Member Barrington asks when the last bid was. Deputy Director Smith states the last bid was three years ago and the parks contract is up this year. They are considering taking all three contracts out to bid at the same time. A combined contract could potentially lead to reduced hours, but also more frequent contractor presence.
Commissioner Miller recalls a time when the City had four park workers who maintained all parks and side streets, suggesting that hiring maintenance staff is feasible Deputy Director Smith explains that the City has three maintenance workers for right-of-way maintenance but lacks the staff and funding for comprehensive landscaping. The intent is to go out for bid in the Spring.
Mayor Flynn suggests replacing grass with rocks or DG (decomposed granite).
Interim City Manager Vela suggests meeting with CAL FIRE for project design assistance.
Deputy Director Smith offers to meet individually with Councilmembers Royce and Barrington to discuss specific zones.
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Mayor Flynn opened Public Comments.
Juanita Diaz who expresses agreement with Council Members Miller and Wallace about the decline in City maintenance and the need to prioritize local jobs. criticizes the lack of oversight of current maintenance workers and the contractor, Mariposa, and recounts community efforts to clean up weeds and repair damage. Offers to be a supervisor for $55,000 a year, highlighting the community's willingness to contribute.
DJ, via Zoom states that Zone 5 voted down a previous tax increase because it was presented as a "blank check" with no limits. Also notes a lack of visible improvements in Zone 5.
Mayor Flynn closed Public Comments.
Commissioner Mayor Pro-Tem agrees with the public comment that the previous tax proposal lacked accountability and would not be supported by taxpayers.
Deputy Director Smith expresses willingness to work with staff on long-term solutions, including exploring a "desert format" to eliminate maintenance.
states that the engineers report will start in about two months and be presented in March. offers to schedule meetings to discuss solutions and create a plan for each zone. The residents can contact safety hazards like moss growth to the Public Works Department, acknowledging the potential strain on their resources. Mayor Pro-Tem expresses frustration with the convoluted process and multiple points of contact.
Council Member Miller suggests giving zones the option to choose between a "desert" landscape or increased fees for maintenance. Deputy Director Smith says they will right-size it for what the zones are and work forward from there.
9.2 Discuss Necessary Mitigation Required for the Sun Lakes Boulevard Extension Project Recommendation: Provide concurrence to staff to proceed with the mitigation plan for the Sun Lakes Boulevard Extension Project
Nate Smith, Deputy Director of Public Works/City Engineer provided the staff report noting that the project is out for bid with a mandatory pre-bid meeting scheduled for tomorrow. Bids are expected to close in November, with a contract award presented at an upcoming council meeting. The presentation focuses on the necessary mitigation for environmental impacts, including impacts to ephemeral watercourses and the Crotch’s bumblebee (referred to as "the bee"). Permits are required from the California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, and the State Water Resources Control Board. The Determination of Biologically Equivalent or Superior Preservation (DBESP) process identifies habitat areas impacted by the project. The study showed impacts to ephemeral streams, blow sand habitats, and potential impacts to endangered species not covered under the MSHCP (Multi-Species Habitat Conservation Plan). The roadway impacts three watercourses:
Highland Wash, Smith Creek, and Pershing Creek. Permanent impacts require mitigation at a ratio greater than the impact, with habitat replacement in the same watershed. Since there are no mitigation banks in the San Gorgonio River watershed, the City is considering using a 1.3-acre parcel it owns east and south of the wastewater treatment plant for preservation. This parcel is in a floodplain and adjacent to land already conserved for the Rancho San Gorgonio project. The presentation then addresses habitat impacts, noting that participation in the MSHCP can address impacts to species covered by the plan. However, the bee, a candidate species for the California endangered species list, is not covered by the MSHCP and requires separate mitigation. Field observations found a single specimen of the bee, triggering mitigation requirements. The contractor will perform mitigation measures enforced by the City or a third-party vendor. The impacted area includes 17.4 acres of suitable bee habitat, requiring 39 8
approximately 28.9 acres of land for permanent conservation. The City is considering using a 30.1-acre parcel it owns in the southeast corner of the city, which includes creek area, rocky hillside, floodplain, and grazing land. The assessment of this parcel led to discussions about the extent of land required for mitigation. The presentation also addresses indirect project habitat impacts related to sediment sources for blow sands to the Coachella Valley. The City is required to act as a lead stakeholder with various entities to develop a plan to mitigate impacts from existing infrastructure. These discussions are currently on hold due to the Fish and Wildlife Service furlough. The overall mitigation strategy involves using 1.3 acres within Smith Creek for ephemeral stream mitigation and the remaining 28.9 acres within the City-owned parcels for bee habitat mitigation. This strategy is expected to significantly reduce costs compared to purchasing mitigation credits, which can exceed half a million dollars per acre. The City's costs would include establishing a land manager and installing signage and fencing. The anticipated environmental mitigation cost is around $3 million. The City is seeking concurrence to move forward with this mitigation strategy and submit the incidental take permit (ITP) for the bumblebee habitat impact.
Council discussion centered on the mitigation plan for the crotch’s bumblebee, particularly concerning the 18-month mitigation requirement after construction completion.
Council Member Wallace pointed out that the crotch’s bumblebee is already an endangered species in other parts of Riverside County covered by the MSHCP.
The feasibility of using the Smith Creek area, designated as a park, for mitigation, was discussed by Council Member Barrington. Deputy Director Smith highlights access issues and the high cost of building roads and bridges (estimated at $30-40 million). The possibility of selling the land for mitigation purposes to other development parties was raised by Interim City Manager Vela, potentially generating revenue for the city, with an estimated value of $300,000-$500,000 per acre.
Council Member Barrington also discussed the fact that the property floods badly, then discussed the possibility of having the same land manager for the adjacent 760-acre mitigation land.
Mayor opened public comments.
No public comments.
Mayor closed public comments.
Mayor Pro-Tem Royce recommends staff proceed with the mitigation plan for the Sun Lakes Boulevard Extension Project, seconded by Council Member Wallace.
Motion carried unanimously 5-0
9.3 Discussion Regarding the Process Outlined in the City of Banning Manual of Procedural Guidelines for Adding Items to the Agenda
Recommendation: Discussion Regarding the Process Outlined in the City of Banning Manual of Procedural Guidelines for Adding Items to the Agenda Interim City Manager Vela presented the staff report, the discussion focused on the process for adding items to the City Council agenda, as outlined in the City of Banning Manual Procedural Guidelines. The current process involves Council Members directing the City manager to add items, which are then researched and placed on a future agenda. The City Manager introduced a form to provide more guidance when adding items to the agenda.
Mayor Flynn opened public comments
Frank Connelly expressed that the existing process is working and should remain as is.
Mayor Flynn closed public comments
40 9
City Attorney Pinkney suggested maintaining the status quo if the current process is working well, emphasizing the importance of collaboration and mutual respect among Council Members.
10. ITEMS FOR FUTURE AGENDAS
11.1 NEW ITEMS
11.2 EXISTING ITEMS
1. Animal Control Facility Assessment (Flynn) January 2025
2. Emergency Preparedness (Barrington) January 2025
3. Contractor(s) to do Citywide Cleanup (Flynn) May 2025
4. Review and Update Council travel Policy (Flynn) May 2025
5. Streamline Procurement Policy (Flynn) August 2025
6. Comp. & Class Salaries (Royce) August 2025
7. LMD Alternative Sources (Royce) August 2025
8. Workshop to Discuss Homelessness (Royce) September 2025
9. Community Garden, Sun Lakes (Flynn) September 2025
Items 7 and 8, related to the LMD Alternative Sources workshop on homelessness, were removed.
Items 1, 3, and 4 are expected to be presented to the Council in November or December. The Council discussed the homelessness advisory committee and how to schedule meetings and involve community members and leaders. A future item was added to update Ordinance 1603 in relation to the 2024 Supreme Court ruling in City of Grants Pass v. Johnson. Council also discussed prioritizing item 5, streamlining City procedures, particularly in development and procurement. City Attorney Pinkney mentioned that contracts have been updated and streamlined, and a workshop on streamlining procurement is planned for November. Council Member Royce's item 6, regarding comp and class salaries, was discussed in the context of upcoming budget planning. The Council discussed the process of comparing salaries across different bargaining units, ensuring comparability within their respective industries. It was decided that this item could be removed if it's handled as negotiations come up.
The Council returned to Closed Session at 9:04 p.m.
A motion to adjourn closed session was made by Council Member Miller, seconded by Mayor Pro-Tem Royce. Motion carried unanimously 5-0, and the meeting was adjourned at 10:34 p.m.
Council reconvened in Regular Session at 10:34 p.m.
City Attorney Pinkney reported no reportable action on closed session items 3.1, 3.2, 3.3, 3.4 & 3.5.
3.1 CONFERENCE WITH LABOR NEGOTIATIORS
Pursuant to Government Code Section 54957.6 Agency Designated Representatives: Art Vela, Interim City Manager; David Newell, Community Development Director; Michelle Green, Interim Finance Director; Nicole Jews, Human Resources Manager; Oliver Yee, Liebert Cassidy and Whitmore (City Counsel) Employee Organization: Banning Police Manager's Association (BPMA); Banning Police Officer's Association (BPOA)
3.2 CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION Pursuant to Government Code 54956.9(d)(1). One Case Tom Miller v. City of Banning (Case No.
CVR12402316).
3.3 CONFERENCE WITH LEGAL COUNSEL REGARDING - ANTICIPATED
LITIGATION - EXPOSURE TO LITIGATION
Pursuant to Government Code Section 54956.9(d)(2) and/or (3). Two potential cases.
3.4 CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(d)(4). One potential case. 41 10
3.5 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Pursuant to Government Code Section 54957. Title: City Manager
11. ADJOURNMENT
A motion to adjourn the regular meeting was made by Mayor Pro-Tem Royce, seconded by Mayor Flynn. Motion carried unanimously 5-0, and the meeting was adjourned at 10:35 p.m.
Next Regular Meeting, November 12, 2025.
Minutes prepared by:
Sandra B. Calderon
Acting Deputy City Clerk
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/252?view_id=1&redirect=true All documents related to this meeting are available here:
https://d3n9y02raazwpg.cloudfront.net/banningca/a28cf1bd-76d7-11ef-9b71-005056a89546- 38305488-93fe-4918-9dd7-c67857e7b6c7-1761351588.pdf
42 1
MINUTES
CITY COUNCIL - SPECIAL MEETING (CLOSED SESSION)
CITY OF BANNING, CALIFORNIA
November 12, 2025 Council Chambers
3:00 p.m. 99 E. Ramsey Street
In Chambers Banning, CA 92220
The following information comprises the minutes for the special meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: John O. Pinkney, City Attorney
Arturo Vela, Interim City Manager
Sandra Calderon, Acting Administrative City Clerk
1. CALL TO ORDER - 3:01 p.m.
COUNCIL MEMBER PRESENT ABSENT
Barrington, Cynthia X
Flynn, Sheri X Miller, Leroy X
Royce, Richard X
Wallace, Colleen X
Council Member Miller participated in the Closed Session; however, he was not present at the time Roll Call was conducted.
2. PUBLIC COMMENTS - Agenda Items Only
No public comments
3. CLOSED SESSION
John Pinkney, City Attorney read closed session items
3.1 CONFERENCE WITH LABOR NEGOTIATIORS
Pursuant to Government Code Section 54957.6 Agency Designated Representatives: Art Vela, 43 2
Interim City Manager; David Newell, Community Development Director; Nicole Jews, Human Resources Manager; Employee Organization: Banning Police Officer's Association (BPOA)
3.2 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1) - One Case Two Brothers 14 Corporation v. City of Banning et. al. Riv. Co. Sup. Ct. No. CVR12406468
3.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8. Property: Banning Municipal Airport consisting of approximately 232.41 acres comprised of APNs 541-240 -009; 541-250 -009; 541-140-003; 532-150- 002; 532-150-003; 532-150- 004; 532- 130 -012; 532-130-018; 532-130-011; 532-180- 034. Agency Negotiator: Interim City Manager Art Vela or his designee. Negotiating Parties: City of Banning as potential Lessor and Industrial Enterprises, LLC as potential Lessee. Under Negotiations: Price and Terms of proposed ground lease
3.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8 Property: Vacant land adjacent to Bluff Street consisting of approximately 95 acres within APNs 531-100-008 and 531-110-012 and land consisting of approximately 160 acres with APN 535-080-018. Agency Negotiator: Interim City Manager Art Vela or his designee. Negotiating Parties: City of Banning and Loma Linda University. Under Negotiation:
Price and Terms, including possible land swap of the City’s above 95 acres in exchange for Loma Linda’s above described 160 acre parcel.
3.5 CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(d)(4) – Deciding Whether to Initiate Litigation - One (1) Case.
Conflict of Interest Discussion
● Potential conflict on item 3.4 due to Mayor Pro Tem Royce's residence proximity. ● A letter was submitted to the FPPC requesting an opinion.
Mayor Pro Tem Royce recused himself from item 3.4
The City Council went into Closed Session at 3:04 p.m.
4. ADJOURNMENT
Minutes prepared by:
Sandra B. Calderon
Acting Administrative City Clerk
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/254?view_id=1&redirect=true 44 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Bonnie Johnson, Interim Administrative Services Director Michelle Green, Interim Administrative Services Director MEETING DATE: December 9, 2025
SUBJECT: Receive and File Contracts Approved Under the City Manager's Signature Authority and Inventory Reports for October 2025.
RECOMMENDATION:
Receive and file.
BACKGROUND:
Per Purchasing Policy B-30, 3-105(5), written notification by the Purchasing Officer of all City Manager approved contracts will be provided quarterly to the City Council for review, and 16-107(3). The City Manager, or his designated representative, shall make a monthly written report to the City Council as to all Change Orders approved by the City Manager during the month, and of all possible future Change Orders that may appear probable prior to the next monthly report. At a minimum, the City Manager shall provide the Council with the name and nature of the contract, all Change Orders approved during that month, the reason for the Change Orders, the cumulative amount of the Change Orders for that contract, and any additional information the Council requests.
JUSTIFICATION:
While the policy requires contracts signed under the City Manager’s signature authority to be submitted to City Council on a quarterly basis, it is staff’s intent to submit these reports on a monthly basis to provide continuity with other monthly reports submitted to Council.
FISCAL IMPACT:
None
ALTERNATIVES:
Failure to provide this report to the City Council would result in the City being out of compliance with Purchasing Policy B-30,3-105(5).
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
45 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Kristine Gutierrez, Community Development Operations Manager Vincent Avila, Chief of Police
MEETING DATE: December 9, 2025
SUBJECT: Receive and File Code Enforcement Statistics for the Month of November 2025
RECOMMENDATION:
Receive and file.
BACKGROUND:
The Banning Police Department provides Code Enforcement statistics to the public and City Council upon request.
JUSTIFICATION:
Statistics provide details on the types of code enforcement related calls the City responds to. Statistics show increases and decrease in particular areas of Code Enforcement over time.
FISCAL IMPACT:
None.
ALTERNATIVES:
Providing statistics keeps the Council, staff, and residents apprised of current Code Enforcement activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Nov 2025 Code Stats.pdf
46 Code Enforcement Nov-25 Nov-24 % CHGE YTD-25 YTD- 24 % CHGE New Cases Opened 89 27 230% 712 1334 -47%
Total Cases Open 292 467 -37% 4061 5071 -20%
Notice of Violations Issued 307 122 152% 2480 442 461%
Violations Resolved 244 189 29% 1917 3861 -50%
Citations Issued 37 1 3600% 109 54 102%
Inspections Completed 262 102 157% 2259 1679 35%
Collected Fee's (Citations) 8975 107007.23 -92% 16083.59 119487.43 -87% Red Tagged Properties 2 0 200% 23 18 28%
AVA Program Vehicles Abated 0 0 0% 0 9 -100%
Weed Abatement Cost Recovery 0 0 0% 94948.39 7739.38 1127% 72 Hour Parking (NOV) CVC 22651 K 33 0 3300% 222 14 1486% Unhoused Encampments Tagged (PC602) 14 0 1400% 72 3 2300%
BANNING POLICE DEPARTMENT
NOVEMBER, 2025
47 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Brandon Smith, Lieutenant
Vince Avila, Chief of Police
MEETING DATE: December 9, 2025
SUBJECT: Receive and File Police Department Statistics for the Month of November 2025.
RECOMMENDATION:
Receive and file.
BACKGROUND:
The Banning Police Department provides statistics to the public and City Council upon request.
JUSTIFICATION:
Statistics tell a city how many police officers need to be on the street, what crimes are being committed, and reveal increases and decreases in specific crimes. Also, cities get funding in part on their crime rates. If a federal crime bill passed, the Government needs to know which cities could benefit the most from those funds, and some cities have been rewarded financially for drastically lowering rates of crime.
While completing November statistics it was discovered that errors were present on the November report. While making corrections to November it was determined that a training issue on how statistics were being compiled led to other errors on previous statistics reported. A complete audit was conducted from January 2024 to present and all statistics were corrected to reflect the accurate numbers being reported. These errors were related only to the spreadsheet statistics compiled by department staff, the Group A Offense reports were not effected by the error.
FISCAL IMPACT:
None.
ALTERNATIVES:
Providing statistics keeps the Council, staff, and residents apprised of current police activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
48 1. Police Stats January 2025.pdf
2. Police Stats February 2025.pdf
3. Police Stats March 2025.pdf
4. Police Stats April 2025.pdf
5. Police Stats May 2025.pdf
6. Police Stats June 2025.pdf
7. Police Stats July 2025.pdf
8. Police Stats August 2025.pdf
9. Police Stats September 2025.pdf
10. Police Stats October 2025.pdf
11. Police Stats November 2025.pdf
12. Group_A_Offense_Report__38_ NOVEMBER 2025.pdf
49 CRIME Jan-25 Jan-24 % CHGE YTD-25 YTD-24 % CHGE
PART 1 CRIMES
Homicide 0 0 0% 0 0 0%
Rape 0 0 0% 0 0 0%
Robbery 1 0 100% 1 0 100%
Assaults Agg/Simp 18 22 -18% 18 22 -18%
Burglary 2 7 -71% 2 7 -71%
Vehicle Theft 8 3 167% 8 3 167%
Larceny 10 15 -33% 10 15 -33%
OTHER
Narcotics 5 7 -29% 5 7 -29%
DUI 1 2 -50% 1 2 -50%
T/C Non-Injury 6 5 20% 6 5 20%
T/C Injury 7 3 133% 7 3 133%
T/C Fatal 0 1 -100% 0 1 -100%
Transient Calls 89 138 -36% 89 138 -36%
Unattended Death 6 5 20% 6 5 20%
246PC 2 1 100% 2 1 100%
Citations 64 86 -26% 64 86 -26%
Total Incidents 2823 2847 -1% 2823 2847 -1%
BANNING POLICE DEPARTMENT
JANUARY, 2025
50 CRIME Feb-25 Feb-24 % CHGE YTD-25 YTD-24 % CHGE
PART 1 CRIMES
Homicide 0 0 0% 0 0 0%
Rape 0 0 0% 0 0 0%
Robbery 1 0 100% 2 0 200%
Assaults Agg/Simp 8 29 -72% 26 51 -49%
Burglary 0 3 -100% 2 10 -80%
Vehicle Theft 4 3 33% 12 6 100%
Larceny 6 17 -65% 16 32 -50%
OTHER
Narcotics 9 10 -10% 14 17 -18%
DUI 2 0 200% 3 2 50%
T/C Non-Injury 2 6 -67% 8 11 -27%
T/C Injury 2 3 -33% 9 6 50%
T/C Fatal 0 0 0% 0 1 -100%
Transient Calls 105 150 -30% 194 288 -33%
Unattended Death 12 4 200% 18 9 100%
246PC 7 0 700% 9 1 800%
Citations 75 62 21% 139 148 -6%
Total Incidents 2803 2557 10% 5626 5404 4%
BANNING POLICE DEPARTMENT
FEBRUARY, 2025
51 CRIME Mar-25 Mar-24 % CHGE YTD-25 YTD-24 % CHGE
PART 1 CRIMES
Homicide 0 0 0% 0 0 0%
Rape 1 1 0% 1 1 0%
Robbery 1 0 100% 3 0 300%
Assaults Agg/Simp 16 7 129% 42 58 -28%
Burglary 3 10 -70% 5 20 -75%
Vehicle Theft 9 7 29% 21 13 62%
Larceny 14 20 -30% 30 52 -42%
OTHER
Narcotics 15 16 -6% 29 33 -12%
DUI 3 2 50% 6 4 50%
T/C Non-Injury 5 8 -38% 13 19 -32%
T/C Injury 4 3 33% 13 9 44%
T/C Fatal 0 0 0% 0 1 -100%
Transient Calls 159 116 37% 353 404 -13%
Unattended Death 5 7 -29% 23 16 44%
246PC 5 1 400% 14 2 600%
Citations 133 42 217% 272 190 43%
Total Incidents 2892 2942 -2% 8518 8346 2%
BANNING POLICE DEPARTMENT
MARCH, 2025
52 CRIME Apr-25 Apr-24 % CHGE YTD-25 YTD-24 % CHGE
PART 1 CRIMES
Homicide 1 1 0% 1 1 0%
Rape 0 0 0% 1 1 0%
Robbery 1 1 0% 4 1 300%
Assaults Agg/Simp 14 15 -7% 56 73 -23%
Burglary 4 24 -83% 9 44 -80%
Vehicle Theft 3 4 -25% 24 17 41%
Larceny 8 10 -20% 38 62 -39%
OTHER
Narcotics 12 6 100% 41 39 5%
DUI 4 1 300% 10 5 100%
T/C Non-Injury 2 6 -67% 15 25 -40%
T/C Injury 3 6 -50% 16 15 7%
T/C Fatal 0 0 0% 0 1 -100%
Transient Calls 164 157 4% 517 561 -8%
Unattended Death 7 3 133% 30 19 58%
246PC 1 2 -50% 15 4 275%
Citations 67 45 49% 339 235 44%
Total Incidents 2764 2775 0% 11282 11121 1%
BANNING POLICE DEPARTMENT
APRIL, 2025
53 CRIME May-25 May-24 % CHGE YTD-25 YTD-24 % CHGE
PART 1 CRIMES
Homicide 0 2 -100% 1 3 -67%
Rape 2 1 100% 3 2 50%
Robbery 0 0 0% 4 1 300%
Assaults Agg/Simp 15 18 -17% 71 91 -22%
Burglary 4 2 100% 13 46 -72%
Vehicle Theft 5 2 150% 29 19 53%
Larceny 9 10 -10% 47 72 -35%
OTHER
Narcotics 10 3 233% 51 42 21%
DUI 5 2 150% 15 7 114%
T/C Non-Injury 6 2 200% 21 27 -22%
T/C Injury 4 4 0% 20 19 5%
T/C Fatal 0 0 0% 0 1 -100%
Transient Calls 212 166 28% 729 727 0%
Unattended Death 6 7 -14% 36 26 38%
246PC 1 1 0% 16 5 220%
Citations 115 56 105% 454 291 56%
Total Incidents 3172 2852 11% 14454 13973 3%
BANNING POLICE DEPARTMENT
MAY, 2025
54 CRIME Jun-25 Jun-24 % CHGE YTD-25 YTD-24 % CHGE
PART 1 CRIMES
Homicide 0 1 -100% 1 4 -75%
Rape 0 1 -100% 3 3 0%
Robbery 2 3 -33% 6 4 50%
Assaults Agg/Simp 23 18 28% 94 109 -14%
Burglary 1 7 -86% 14 53 -74%
Vehicle Theft 7 2 250% 36 21 71%
Larceny 8 12 -33% 55 84 -35%
OTHER
Narcotics 10 10 0% 61 52 17%
DUI 4 5 -20% 19 12 58%
T/C Non-Injury 4 6 -33% 25 33 -24%
T/C Injury 6 0 600% 26 19 37%
T/C Fatal 1 0 100% 1 1 0%
Transient Calls 200 159 26% 929 886 5%
Unattended Death 2 8 -75% 38 34 12%
246PC 0 0 0% 16 5 220%
Citations 169 98 72% 623 389 60%
Total Incidents 3135 3066 2% 17589 17039 3%
BANNING POLICE DEPARTMENT
JUNE, 2025
55 CRIME Jul-25 Jul-24 % CHGE YTD-25 YTD-24 % CHGE
PART 1 CRIMES
Homicide 0 0 0% 1 4 -75%
Rape 0 1 -100% 3 4 -25%
Robbery 0 1 -100% 6 5 20%
Assaults Agg/Simp 8 13 -38% 102 122 -16%
Burglary 3 6 -50% 17 59 -71%
Vehicle Theft 7 6 0% 43 27 59%
Larceny 6 15 -60% 61 99 -38%
OTHER
Narcotics 0 17 -100% 61 69 -12%
DUI 1 5 -80% 20 17 18%
T/C Non-Injury 2 3 -33% 27 36 -25%
T/C Injury 5 0 500% 31 19 63%
T/C Fatal 0 0 0% 1 1 0%
Transient Calls 204 157 30% 1133 1043 9%
Unattended Death 6 6 0% 44 40 10%
246PC 1 0 100% 17 5 240%
Citations 151 132 14% 774 521 49%
Total Incidents 3405 3375 1% 20994 20414 3%
BANNING POLICE DEPARTMENT
JULY, 2025
56 CRIME Aug-25 Aug-24 % CHGE YTD-25 YTD-24 % CHGE
PART 1 CRIMES
Homicide 0 1 -100% 1 5 -80%
Rape 1 3 -67% 4 7 -43%
Robbery 1 1 0% 7 6 17%
Assaults Agg/Simp 18 17 6% 120 139 -14%
Burglary 1 4 -75% 18 63 -71%
Vehicle Theft 3 10 -70% 46 37 24%
Larceny 19 13 46% 80 112 -29%
OTHER
Narcotics 15 16 -6% 76 85 -11%
DUI 5 2 150% 25 19 32%
T/C Non-Injury 9 5 80% 36 41 -12%
T/C Injury 3 3 0% 34 22 55%
T/C Fatal 1 0 100% 2 1 100%
Transient Calls 207 131 58% 1340 1174 14%
Unattended Death 9 5 80% 53 45 18%
246PC 1 1 0% 18 6 200%
Citations 152 140 9% 926 661 40%
Total Incidents 3987 3339 19% 24981 23753 5%
BANNING POLICE DEPARTMENT
AUGUST, 2025
57 CRIME Sep-25 Sep-24 % CHGE YTD-25 YTD-24 % CHGE
PART 1 CRIMES
Homicide 0 0 0% 1 5 -80%
Rape 1 0 100% 5 7 -29%
Robbery 0 0 0% 7 6 17%
Assaults Agg/Simp 24 14 71% 144 153 -6%
Burglary 2 1 100% 20 64 -69%
Vehicle Theft 5 9 -44% 51 46 11%
Larceny 17 20 -15% 97 132 -27%
OTHER
Narcotics 14 14 0% 90 99 -9%
DUI 5 1 400% 30 20 50%
T/C Non-Injury 6 3 100% 42 44 -5%
T/C Injury 6 6 0% 40 28 43%
T/C Fatal 1 0 100% 3 1 200%
Transient Calls 191 161 19% 1531 1335 15%
Unattended Death 7 4 75% 60 49 22%
246PC 1 0 100% 19 6 217%
Citations 83 87 -5% 1009 748 35%
Total Incidents 3562 3402 5% 28543 27155 5%
BANNING POLICE DEPARTMENT
SEPTEMBER, 2025
58 CRIME Oct-25 Oct-24 % CHGE YTD-25 YTD-24 % CHGE
PART 1 CRIMES
Homicide 0 0 0% 1 5 -80%
Rape 1 0 100% 6 7 -14%
Robbery 0 4 -100% 7 10 -30%
Assaults Agg/Simp 9 11 -18% 153 164 -7%
Burglary 2 4 -50% 22 68 -68%
Vehicle Theft 4 8 -50% 55 54 2%
Larceny 14 20 -30% 111 152 -27%
OTHER
Narcotics 12 19 -37% 102 118 -14%
DUI 9 4 125% 39 24 63%
T/C Non-Injury 6 2 200% 48 46 4%
T/C Injury 3 4 -25% 43 32 34%
T/C Fatal 0 0 0% 3 1 200%
Transient Calls 158 168 -6% 1689 1503 12%
Unattended Death 4 5 -20% 64 54 19%
246PC 1 1 0% 20 7 186%
Citations 60 74 -19% 1069 822 30%
Total Incidents 3067 3011 2% 31610 30166 5%
BANNING POLICE DEPARTMENT
OCTOBER, 2025
59 CRIME Nov-25 Nov-24 % CHGE YTD-25 YTD- 24 % CHGE
PART 1 CRIMES
Homicide 0 0 0% 1 5 -80%
Rape 0 0 0% 6 7 -14%
Robbery 2 2 0% 9 12 -25%
Assaults Agg/Simp 17 11 55% 170 175 -3%
Burglary 0 3 -100% 22 71 -69%
Vehicle Theft 6 12 -50% 61 66 -8%
Larceny 10 16 -38% 121 168 -28%
OTHER
Narcotics 11 15 -27% 113 133 -15%
DUI 5 2 150% 44 26 69%
T/C Non-Injury 6 4 50% 54 50 8%
T/C Injury 1 5 -80% 44 37 19%
T/C Fatal 0 0 0% 3 1 200%
Transient Calls 120 126 -5% 1809 1629 11%
Unattended Death 5 6 -17% 69 60 15%
246PC 4 0 400% 24 7 243%
Citations 9 90 -90% 1078 912 18%
Calls for Service 2524 2821 -11% 34134 32987 3%
BANNING POLICE DEPARTMENT
NOVEMBER, 2025
60 Offense Reported
in 2025
Reported
in 2024
Percent
Change
Offenses
Cleared
Percent
Cleared
Percent Of
Category
Rate Per
100,000*
Murder 0 0 NA 0 0.00% 0.00% 0.00
Negligent Manslaughter 0 0 NA 0 0.00% 0.00% 0.00
Justifiable Homicide 0 0 NA 0 0.00% 0.00% 0.00
Non-consensual Sex Offenses:
Rape 0 0 NA 0 0.00% 0.00% 0.00
Sodomy 0 0 NA 0 0.00% 0.00% 0.00
Sexual Assault with Object 0 0 NA 0 0.00% 0.00% 0.00
Fondling 0 0 NA 0 0.00% 0.00% 0.00
Aggravated Assault 10 6 66.67% 6 60.00% 58.82% 31.25
Simple Assault 7 5 40.00% 6 85.71% 41.18% 21.88
Intimidation 0 4 -100.00% 0 0.00% 0.00% 0.00
Kidnapping/Abduction 0 0 NA 0 0.00% 0.00% 0.00
Consensual Sex Offenses:
Incest 0 0 NA 0 0.00% 0.00% 0.00
Statutory Rape 0 0 NA 0 0.00% 0.00% 0.00
Human Trafficking, Commercial
Sex Acts
0 0 NA 0 0.00% 0.00% 0.00
Human Trafficking, Involuntary
Servitude
0 0 NA 0 0.00% 0.00% 0.00
Crimes Against Persons Total 17 15 13.33% 12 70.59% 28.33% 53.13 Robbery 2 2 0.00% 0 0.00% 7.41% 6.25
Burglary/Breaking & Entering 0 3 -100.00% 0 0.00% 0.00% 0.00 Larceny/Theft Offenses 10 16 -37.50% 1 10.00% 37.04% 31.25 Motor Vehicle Theft 6 12 -50.00% 0 0.00% 22.22% 18.75
Arson 0 0 NA 0 0.00% 0.00% 0.00
Destruction Of Property 6 10 -40.00% 1 16.67% 22.22% 18.75 Counterfeiting/Forgery 0 2 -100.00% 0 0.00% 0.00% 0.00
Fraud Offense 0 1 -100.00% 0 0.00% 0.00% 0.00
Embezzlement 2 0 NA 0 0.00% 7.41% 6.25
Extortion/Blackmail 0 0 NA 0 0.00% 0.00% 0.00
Bribery 0 0 NA 0 0.00% 0.00% 0.00
Stolen Property Offenses 1 1 0.00% 0 0.00% 3.70% 3.13
Crimes Against Property Total 27 47 -42.55% 2 7.41% 45% 84.38 Drug/Narcotic Violations 8 6 33.33% 8 100.00% 50.00% 25.00 Drug Equipment Violations 3 9 -66.67% 3 100.00% 18.75% 9.38 Gambling Offenses 0 0 NA 0 0.00% 0.00% 0.00
Pornography/Obscene Material 0 0 NA 0 0.00% 0.00% 0.00
Prostitution 0 0 NA 0 0.00% 0.00% 0.00
Weapons Law Violation 5 4 25.00% 4 80.00% 31.25% 15.63
Animal Cruelty 0 0 NA 0 0.00% 0.00% 0.00
Crimes Against Society Total 16 19 -15.79% 15 93.75% 26.67% 50 Agency: BANNING PD
Total Group "A" Offenses 60 81 -25.93% 29 48.33% 100% 187.5 Statewide Crime Profile * Adjusted population base: 32,000 2025 Crime in California
Note: The Rate per 100,000 will be 'NA' when the Adjusted Population Base is Zero.
Group A Offense Report
Beginning Date: 11/01/2025 Ending Date: 11/30/2025
Printed On: 12/01/2025
61 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Yvette Vaca, Administrative Sergeant
Vince Avila, Chief of Police
MEETING DATE: December 9, 2025
SUBJECT: Receive and File Animal Control Statistics for the Month of November 2025
RECOMMENDATION:
Receive and file.
BACKGROUND:
The Banning Police Department provides Animal Control Services statistics to the public and City Council upon request.
JUSTIFICATION:
Statistics identify the types of calls animal control officers per month. Statistics show increases and decreases in particular areas of Animal Control Services over time.
A clerical error was identified in the calculation of revenue and expenses. It was discovered that revenue numbers were being calculated based on both invoice date and paid date. This created duplicate numbers and some numbers being missed completely. The error has been corrected for all months beginning January 2025, and the revised monthly reports are attached.
FISCAL IMPACT:
None.
ALTERNATIVES:
Providing statistics keeps the Council, staff, and residents apprised of current Animal Control Services activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Police Stats ACO 2025 Jan.pdf
2. Police Stats ACO 2025 Feb.pdf
62 3. Police Stats ACO 2025 March.pdf
4. Police Stats ACO 2025 April.pdf
5. Police Stats ACO 2025 May.pdf
6. Police Stats ACO 2025 June.pdf
7. Police Stats ACO 2025 July.pdf
8. Police Stats ACO 2025 Aug.pdf
9. Police Stats ACO 2025 Sept.pdf
10. Police Stats ACO 2025 Oct.pdf
11. Police Stats ACO 2025 Nov.pdf
63 CATEGORY Jan-25 Jan-24 % CHGE YTD-25 YTD-24 % CHGE
Calls for Service 88 167 -47% 88 167 -47%
Animals Impounded 0 0 0% 0 0 0%
Animals Euthanized 0 0 0% 0 0 0%
Bite Reports 2 5 -60% 2 5 -60%
Citations Issued 0 0 0% 0 0 0%
Expenses 2233.25 0 223325% 2233.25 0 223325%
Revenue 602 1352 -55% 602 1352 -55%
BANNING POLICE DEPARTMENT
JANUARY, 2025
64 CATEGORY Feb-25 Feb-24 % CHGE YTD-25 YTD-24 % CHGE
Calls for Service 104 108 -4% 192 275 -30%
Animals Impounded 0 0 0% 0 0 0%
Animals Euthanized 0 0 0% 0 0 0%
Bite Reports 3 2 50% 5 7 -29%
Citations Issued 0 0 0% 0 0 0%
Expenses 0 1620.5 -100% 2233.25 1620.5 38%
Revenue 655 547 20% 1257 1899 -34%
BANNING POLICE DEPARTMENT
FEBRUARY, 2025
65 CATEGORY Mar-25 Mar-24 % CHGE YTD-25 YTD-24 % CHGE
Calls for Service 79 109 -28% 271 384 -29%
Animals Impounded 0 0 0% 0 0 0%
Animals Euthanized 0 0 0% 0 0 0%
Bite Reports 3 3 0% 8 10 -20%
Citations Issued 0 0 0% 0 0 0%
Expenses 1105.88 831.5 33% 3339.13 2452 36%
Revenue 1435 796 80% 2692 2695 0%
BANNING POLICE DEPARTMENT
MARCH, 2025
66 CATEGORY Apr-25 Apr-24 % CHGE YTD-25 YTD-24 % CHGE
Calls for Service 107 128 -16% 378 512 -26%
Animals Impounded 0 0 0% 0 0 0%
Animals Euthanized 0 0 0% 0 0 0%
Bite Reports 2 7 -71% 10 17 -41%
Citations Issued 0 0 0% 0 0 0%
Expenses 459.25 1934.36 -76% 3798.38 4386.36 -13%
Revenue 986 1143 -14% 3678 3838 -4%
BANNING POLICE DEPARTMENT
APRIL, 2025
67 CATEGORY May-25 May-24 % CHGE YTD-25 YTD-24 % CHGE
Calls for Service 120 121 -1% 488 550 -11%
Animals Impounded 3 5 -40% 27 45 -40%
Animals Euthanized 0 1 -100% 6 22 -73%
Bite Reports 5 2 150% 14 14 0%
Citations Issued 0 0 0% 0 0 0%
Expenses 4241.48 1018 317% 8039.86 5404.36 49%
Revenue 972 2118 -54% 4650 5956 -22%
BANNING POLICE DEPARTMENT
MAY, 2025
68 CATEGORY Jun-25 Jun-24 % CHGE YTD-25 YTD-24 % CHGE
Calls for Service 123 110 12% 611 660 -7%
Animals Impounded 6 6 0% 33 51 -35%
Animals Euthanized 2 5 -60% 8 27 -70%
Bite Reports 3 1 200% 17 15 13%
Citations Issued 0 0 0% 0 0 0%
Expenses 2295.5 206 1014% 10335.36 5610.36 84%
Revenue 886 951 -7% 5536 6907 -20%
BANNING POLICE DEPARTMENT
JUNE, 2025
69 CATEGORY Jul-25 Jul-24 % CHGE YTD-25 YTD-24 % CHGE
Calls for Service 118 71 66% 729 731 0%
Animals Impounded 5 1 400% 38 52 -27%
Animals Euthanized 2 2 0% 10 29 -66%
Bite Reports 5 5 0% 22 20 10%
Citations Issued 0 0 0% 0 0 0%
Expenses 738.75 0 73875% 11074.11 5610.36 97%
Revenue 646 776 -17% 6182 7683 -20%
BANNING POLICE DEPARTMENT
JULY, 2025
70 CATEGORY Aug-25 Aug-24 % CHGE YTD-25 YTD-24 % CHGE
Calls for Service 110 72 53% 839 803 4%
Animals Impounded 8 4 100% 46 56 -18%
Animals Euthanized 1 4 -75% 11 33 -67%
Bite Reports 2 1 100% 24 21 14%
Citations Issued 0 0 0% 0 0 0%
Expenses 6376.23 4306.36 48% 17450.34 9916.72 76%
Revenue 871 717 21% 7053 8400 -16%
BANNING POLICE DEPARTMENT
AUGUST, 2025
71 CATEGORY Sep-25 Sep-24 % CHGE YTD-25 YTD-24 % CHGE
Calls for Service 138 87 59% 977 890 10%
Animals Impounded 27 0 2700% 73 56 30%
Animals Euthanized 1 0 100% 12 33 -64%
Bite Reports 7 4 75% 31 25 24%
Citations Issued 0 0 0% 0 0 0%
Expenses 2479.46 71 3392% 19929.8 9987.72 100%
Revenue 703 685 3% 7756 8471 -8%
BANNING POLICE DEPARTMENT
SEPTEMBER, 2025
72 CATEGORY Oct-25 Oct-24 % CHGE YTD-25 YTD-24 % CHGE
Calls for Service 133 106 25% 1110 996 11%
Animals Impounded 23 0 2300% 96 56 71%
Animals Euthanized 3 0 300% 15 33 -55%
Bite Reports 2 3 -33% 33 28 18%
Citations Issued 0 0 0% 0 0 0%
Expenses 2971.51 367.34 709% 22901.31 10355.06 121%
Revenue 795 934 -15% 8551 9405 -9%
BANNING POLICE DEPARTMENT
OCTOBER, 2025
73 CATEGORY Nov-25 Nov-24 % CHGE YTD-25 YTD- 24 % CHGE
Calls for Service 107 93 15% 1217 1089 12%
Animals Impounded 9 0 900% 105 56 88%
Animals Euthanized 2 0 200% 17 33 -48%
Bite Reports 2 1 100% 35 29 21%
Citations Issued 0 0 0% 0 0 0%
Expenses 0 5035.6 -100% 22901.31 15390.66 49%
Revenue 115.65 814 -86% 8666.65 10219 -15%
BANNING POLICE DEPARTMENT
NOVEMBER, 2025
74 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Sandra Calderon, Acting Deputy City Clerk
Todd Hopkins, CalFire Division Chief
MEETING DATE: December 9, 2025
SUBJECT: Receive and File Fire Protective Services Statistics for the Month of November 2025.
RECOMMENDATION:
Receive and file.
BACKGROUND:
City Council has requested CalFire’s Riverside County Division, which provides fire protection services in the City of Banning, to provide specific reports to the public and City Council on a monthly basis.
JUSTIFICATION:
Many Fire and EMS Departments store and analyze statistical data, which can provide a detailed analysis of the types of responses their organization is called to assist. This information is critical to elevating the level of service provided by the Fire Department.
FISCAL IMPACT:
None
ALTERNATIVES:
Providing statistics keeps the Council, staff, and residents apprised of current fire and paramedic activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. jurisreport_banning.pdf
75 Bill Weiser
Jurisdiction Summary for City of Banning
Fire Chief
Riverside County Fire Department/ CAL FIRE
11/1/2025 to 11/30/2025
Incident Response Activity
*At least 1 Resource Dispatched
Incident Type #
False Alarm 18
Medical 383
Other Fire 4
Other Misc 3
Public Service Assist 24
Res Fire 1
Ringing Alarm 2
Standby 3
Traffic Collision 12
Vehicle Fire 2
Wildland Fire 2
Incident Total 454
Average Enroute to On-Scene Time
*Units Responding Charlie, Delta, Bravo, Echo, Code 3
9 247 65
0 4.20 76.95
<5 Minutes +5 Minutes
+10 Minutes +20 Minutes
Average Min % 0 to 5 Min
Enroute Time: Unit has been acknowledged as responding.
On-Scene Time: Unit has been acknowledged as being On-Scene.
Transport
*Based on Units with a Transport time
0 Total: 0
Mutual Aid
*Unit responses
Jurisdiction Units Responses
Engine 293
Total: 293
Mutual Aid Given
Engine 175
Total: 175
Mutual Aid Received
15 Brush 4
Chief 8
Engine 223
Environmental Health 2
HazMat 2
Patrol 4
PIO 1
Squad 19
Truck/Quint 5
Total: 283
12/1/2025 1:40:55PM Page 1 of 276
Truck Report
MRFT1 recorded 5 responses in City of Banning from 11/1/2025 1:40:10 PM to 11/30/2025 1:40:10 PM
Significant Incidents
12/1/2025 1:40:55PM Page 2 of 277
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Patrick Safari, Capital Improvement Projects Manager Nathan Smith, Deputy Director of Public Works/ City Engineer MEETING DATE: December 9, 2025
SUBJECT: Public Works Capital Improvement Project Tracking List RECOMMENDATION:
Receive and file.
BACKGROUND:
To keep the City Council and the public informed of the progress and status of various capital improvement projects, staff has prepared the attached Public Works CIP Tracking List, which will be updated and presented on a monthly basis.
The tracking list includes planning, environmental, design, and construction contracts previously approved by the City Council and/or the City Manager’s Office and currently managed by the Public Works Department.
JUSTIFICATION:
This recurring item is provided to keep the City Council and public apprised of the progress on certain projects.
FISCAL IMPACT:
Not applicable.
ALTERNATIVES:
Not applicable.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. CIP Tracking_October & November 2025.pdf
78
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80 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Cornelio Datuin, Budget and Financial Analyst MEETING DATE: December 9, 2025
SUBJECT: Consideration of Resolution 2025-03 SA, Approving the Establishment of Recognized Obligation Payment Schedule (ROPS) 26-27 A and B for the Period of July 2026 through June 2027 and Approving Certain Related Actions
RECOMMENDATION:
Adopt Resolution 2025-03 SA.
BACKGROUND:
Pursuant to Health and Safety Code (the “HSC”) Section 34172(a)(1), the Community Redevelopment Agency of the City of Banning was dissolved on February 1, 2012. Consistent with the provisions of the HSC, the City Council of the City of Banning previously elected to serve in the capacity of the Successor Agency. The Oversight Board has been established pursuant to HSC Section 34179 to assist in the wind-down of the dissolved Redevelopment Agency.
Per HSC Section 34177(o)(1), the Successor Agency is required to prepare a ROPS before each twelvemonth fiscal year period. Pursuant to HSC Section 34180(g), Oversight Board approval is required for the establishment of each ROPS. Pursuant to HSC Section 34177(o)(1), an Oversight Board-approved ROPS 26-27 A and B for the period of July 1, 2026 through June 30, 2027 must be submitted to the State Department of Finance, State Controller’s Office and to the County Auditor-Controller not later than February 1, 2026. The Oversight Board will approve the establishment of ROPS 26-27 A and B.
The Successor Agency staff has prepared the proposed Recognized Obligation Payment Schedule for the period of July 1, 2026 through June 30, 2027 ("ROPS 26-27"), substantially in the form shown in Exhibit "A".
The Successor Agency staff has prepared an administrative budget for the fiscal period commencing on July 1, 2026, and continuing through June 30, 2027 (“FY 2026-27 Administrative Budget”), substantially in the form shown in Exhibit "B".
Successor Agency is entitled to an administrative cost allowance (the “Administrative Cost Allowance”) pursuant to HSC Sections 34171(b) and 34183(a)(3) in the approximate amount of $250,000 for the 2026-27 fiscal year of which approximately $125,000 will be disbursed July 1, 2026, and approximately $125,000 will be disbursed January 2, 2027.
JUSTIFICATION:
At its meeting on January 15,2026, the Countywide Oversight Board for the Successor Agency (“Oversight Board”) to the dissolved Community Redevelopment Agency of the City of Banning (“Successor Agency”) will approve the Fiscal Year 2026-2027 Recognized Obligation Payment Schedule 81 (“ROPS”) with the adoption of Resolution TBA (Number To Be Assigned) (Oversight Board Resolution).
FISCAL IMPACT:
Per HSC Section 34177, the Successor Agency is legally required to continue to make payments due for enforceable obligations. The Oversight Board has approved the establishment of ROPS 26-27 A and B, which will ensure that the Successor Agency has the authority to continue to pay its enforceable obligations.
ALTERNATIVES:
1. Adopt Resolution 2025-03 SA as recommended.
2. Adopt Resolution 2025-03 SA with modifications.
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Resolution_2025-03_SA-ROPS_26-27_A_and_B.docx
2. Attachment 1a - Exhibit S ROPS 26-27 City of Banning.pdf
3. Attachment 1b-Exhibit B City of Banning SA Admin Budget FY26-27.pdf
4. Attachment 2 - Resolution No. TBA Countywide Oversight Board Resolution Approving Banning ROPS and Admin Budget.docx
82 Resolution 2025-03 SA
RESOLUTION 2025-03 SA
RESOLUTION OF THE SUCCESSOR AGENCY TO THE CITY OF BANNING
APPROVING THE ESTABLISHMENT OF RECOGNIZED OBLIGATION PAYMENT SCHEDULE 26-27 A & B FOR THE PERIOD OF JULY 2026 THROUGH JUNE 2027
AND APPROVING CERTAIN RELATED ACTIONS
WHEREAS, pursuant to Health and Safety Code (the “HSC”) § 34172 (a ) (1), the Community Redevelopment Agency of the City of Banning was dissolved on February 1, 2012; and
WHEREAS, consistent with the provisions of the HSC, the City of Banning previously elected to serve in the capacity of the Successor Agency to the Dissolved Community Redevelopment Agency of the City of Banning (the “Successor Agency”); and WHEREAS, per HSC § 34177 (o) (1), the Successor Agency is required to prepare a Recognized Obligation Payment Schedule (the “ROPS”) before each twelvemonth fiscal year period; and WHEREAS, pursuant to HSC § 34180 (g), the Countywide Oversight Board of the County of Riverside (the “Oversight Board”) approval is required for the establishment of each ROPS; and
WHEREAS, pursuant to HSC § 34177 (o) (1), an Oversight Board-approved ROPS 26-27 A and B for the period of July 2026 through June 2027 and it will be submitted to the State Department of Finance, State Controller’s Office and to the County Auditor-Controller not later than February 1, 2026; and WHEREAS, pursuant to HSC § 34177, the Successor Agency is legally required to continue to make payments due for enforceable obligations; and WHEREAS, it is proposed that the Successor Agency approve the establishment of the Successor Agency’s ROPS 26-27 A and B, which is attached hereto as Exhibit “A”; and
WHEREAS, the Successor Agency staff has prepared an administrative budget for the fiscal period commencing on July 1, 2026 and continuing through June 30, 2027 (“FY 2026-27 Administrative Budget”), substantially in the form shown in Exhibit "B", attached hereto and incorporated herein by this reference WHEREAS, ROPS 26-27 A and B will be submitted to the Oversight Board for approval to ensure that the Successor Agency has the authority to continue to pay its enforceable obligations; and
WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met.
83 Resolution 2025-03 SA
NOW, THEREFORE, BE IT RESOLVED by the Successor Agency to the Dissolved Community Redevelopment Agency of the City of Banning, as follows:
Section 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.
Section 2. The Successor Agency’s ROPS 26-27 A and B for the period of July 2026 through June 2027, which is attached hereto as Exhibit “A”, is approved, inclusive of each enforceable obligation.
Section 3. The Successor Agency staff has prepared an administrative budget for the fiscal period commencing on July 1, 2026 and continuing through June 30, 2027 (“FY 2026-27 Administrative Budget”), substantially in the form shown in Exhibit "B", attached hereto and incorporated herein by this reference.
Section 4. The amount requested for enforceable obligation No. 12, the Successor Agency’s Administrative Allowance, is consistent with the provisions of HSC § 34171 (b) and is thus considered fair and reasonable.
Section 5. The City Manager, as the Successor Agency’s Executive Director or designee, is authorized to: i) post the ROPS 26-27 A and B on the City’s website, ii) transmit the ROPS 26-27 A and B to the Oversight Board, the State Department of Finance, State Controller’s Office and to the County Auditor-Controller for their review within the timeframe and in the manner prescribed by the HSC; and iii) make ministerial revisions to ROPS 26-27 A and B, which may include, but are not limited to restating the information included within ROPS 26-27 A and B in any format that may be requested by the State Department of Finance, take such other actions and execute such other documents as are necessary to effectuate the intent of this Resolution, and to implement ROPS 26-27 A and B on behalf of the Successor Agency, including authorizing and causing such payments.
Section 6. This Resolution shall take effect upon the date of its adoption.
PASSED, APPROVED, AND ADOPTED this 9th day of December 2025.
Sheri Flynn, Chairperson
Banning Successor Agency
84 Resolution 2025-03 SA
ATTEST:
Sandra Calderon, Acting Deputy
City Clerk, Secretary
Banning Successor Agency
APPROVED AS TO FORM
AND LEGAL CONTENT:
____________________________
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney
85 Resolution 2025-03 SA
CERTIFICATION:
I, Sandra Calderon, Acting Deputy City Clerk of the Banning Successor Agency, do hereby certify that the foregoing Resolution 2025-03 SA, was duly adopted by the Utility Authority of the City of Banning, California, at a regular meeting thereof held on the 9th day of December 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Acting Deputy City
Clerk, Secretary, Banning Oversight Board
City of Banning, California
86 Resolution 2025-03 SA
EXHIBIT “A”
SUCCESSOR AGENCY TO THE
DISSOLVED COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF BANNING
RECOGNIZED OBLIGATION PAYMENT SCHEDULE 26-27 A and B
(JULY 2026 THROUGH JUNE 2027)
(See Attachment)
87 Resolution 2025-03 SA
EXHIBIT “B”
SUCCESSOR AGENCY TO THE
DISSOLVED COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF BANNING
ADMINISTRATIVE BUDGET
(JULY 2026 THROUGH JUNE 2027)
(See Attachment)
88 Recognized Obligation Payment Schedule (ROPS 26-27) - Summary Filed for the July 1, 2026 through June 30, 2027 Period Successor Agency: Banning
County: Riverside
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
26-27A Total
(July -
December)
26-27B Total
(January -
June)
ROPS 26-27
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 1,944,806 $ 491,011 $ 2,435,817 F RPTTF 1,819,806 366,011 2,185,817
G Administrative RPTTF 125,000 125,000 250,000
H Current Period Enforceable Obligations (A+E) $ 1,944,806 $ 491,011 $ 2,435,817 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
89 Banning
Recognized Obligation Payment Schedule (ROPS 26-27) - ROPS Detail July 1, 2026 through June 30, 2027
A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
26-27
Total
ROPS 26-27A (Jul - Dec)
26-27A
Total
ROPS 26-27B (Jan - Jun)
26-27B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$26,459,196 $2,435,817 $- $- $- $1,819,806 $125,000 $1,944,806 $- $- $- $366,011 $125,000 $491,011 4 Annual
Continuing
Disclosure
Fees 12/16/
2003
08/01/2037 Urban
Futures,
Inc.
Bonding
Continuing
Disclosure
Services
Merged 19,850 N $- - - - - - $- - - - - - $-
5 Bond
Trustee
Fees
Fees 12/16/
2003
08/01/2037 US Bank Bond Trustee
Fees
Merged 81,225 N $3,025 - - - 3,025 - $3,025 - - - - - $- 12 Successor
Agency
Admin
Admin
Costs
02/01/
2012
08/01/2037 City of
Banning
The amount
requested for
the
Administrative
Allowance is
consistent
with the
provisions of
HSC § 34171
(b).
Merged 250,000 N $250,000 - - - - 125,000 $125,000 - - - - 125,000 $125,000 17 Arbitrage
Analysis
for TABs
Fees 12/16/
2003
08/01/2037 Willdan
Associates
Arbitrage
Analysis for
TABs
Merged 55,000 N $- - - - - - $- - - - - - $-
32 2016
Refunding
TABs
(Interest
Only
Portion)
Bonds
Issued
After 12/
31/10
09/22/
2016
09/01/2037 U.S. Bank,
NA
This item is
for the
interest only
portion of the
debt service
for the 2016
TABs, which
refunded the
2003 and
2007 TABs.
Merged 5,158,121 N $752,792 - - - 386,781 - $386,781 - - - 366,011 - $366,011 33 2016
Refunding
TABs
(Principal
Reduction
Portion)
Bonds
Issued
After 12/
31/10
09/22/
2016
09/01/2037 U.S. Bank,
NA
This item is
for the
principal
reduction
portion of the
debt service
for the 2016
TABs, which
refunded the
2003 and
Merged 20,895,000 N $1,430,000 - - - 1,430,000 - $1,430,000 - - - - - $- 90 A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
26-27
Total
ROPS 26-27A (Jul - Dec)
26-27A
Total
ROPS 26-27B (Jan - Jun)
26-27B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
2007 TABs.
91 Banning
Recognized Obligation Payment Schedule (ROPS 26-27) - Report of Cash Balances July 1, 2023 through June 30, 2024
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 23-24 Cash Balances
(07/01/23 - 06/30/24)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/23)
RPTTF amount should exclude "A" period distribution
amount.
7,686,612 Cell C-1 is the amount held by the Trustee
Bank that originated from the 2003 and 2007
TABs
2 Revenue/Income (Actual 06/30/24)
RPTTF amount should tie to the ROPS 23-24 total
distribution from the County Auditor-Controller
2,421,886 Cell G-2 is the actual amount of ROPS
2023-24 RPTTF received.
3 Expenditures for ROPS 23-24 Enforceable Obligations
(Actual 06/30/24)
7,686,612 2,439,557 The amount shown in Cell C-is the running balance of amount that was transferred to the
City per the Bond Expenditure Agreement
was was approved by the DOF pursuant to its
letter dated 3-30-2016. Cell G-3 represents
actual FY24 expenditures (July 1,2023 to
June 30,2024)
4 Retention of Available Cash Balance (Actual 06/30/24) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 23-24 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 23-24 PPA
form submitted to the CAC
No entry required
92 Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 23-24 Cash Balances
(07/01/23 - 06/30/24)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
6 Ending Actual Available Cash Balance (06/30/24)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $- $(17,671)
93 Banning
Recognized Obligation Payment Schedule (ROPS 26-27) - Notes July 1, 2026 through June 30, 2027
Item # Notes/Comments
4 Payment for Continuing Disclosure Services
5 To pay for annual US Bank Bond Trustee fees
12 The amount requested for the Administrative Allowance is consistent with the provisions of HSC § 34171 (b).
17 Arbitrage Analysis for 2016 TABs
32 This item is for the interest only portion of the debt service for the 2016 TABs, which refunded the 2003 and 2007 TABs.
33 This item is for the principal reduction portion of the debt service for the 2016 TABs, which refunded the 2003 and 2007 TABs.
94 "EXHIBIT B"
July to Dec Jan to June
ROPS 25-26A ROPS 25-26B
Administrative Cost Allowance HSC § 34171 (b) 125,000 125,000 Administrative Cost Allowance (ROPS 22-23): 125,000 125,000 Successor Agency Indirect Costs:
Salaries & Benefits 121,975 125,000
Projected Operating Expenses - -
Total Indirect Costs 121,975 125,000
Successor Agency Direct Costs:
Professional Services 3,025
Annual Audit
Miscellaneous Expenses
Total Direct Costs 3,025 -
Total Successor Agency Indirect & Direct Costs 125,000 125,000 Admin Costs
Successor Agency to the
Redevelopment Agency for City of Banning
ADMINISTRATIVE BUDGET
July 1, 2026 to June 30, 2027
Admin Cost Allowance
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COUNTYWIDE OVERSIGHT BOARD
FOR THE COUNTY OF RIVERSIDE
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY FOR
CITY OF BANNING
RESOLUTION NO. TBA
RESOLUTION OF THE COUNTYWIDE OVERSIGHT BOARD FOR
COUNTY OF RIVERSIDE APPROVING THE RECOGNIZED
OBLIGATON PAYMENT SCHEDULE AND ADMINSTRATIVE
BUDGET FOR THE PERIOD JULY 1, 2026, THROUGH JUNE 30, 2027
FOR THE CITY OF BANNING SUCCESSOR AGENCY AND MAKING
RELATED FINDINGS AND DECLARATIONS AND TAKING
RELATED ACTIONS IN CONNECTION THEREWITH
WHEREAS, the Redevelopment Agency for City of Banning (the "Former Agency") was formed, existed and exercised its powers pursuant to the Community Redevelopment law (California Health and Safety Code section 33000 et seq. the "CRL"); WHEREAS, the California state legislature enacted Assembly Bill 1x 26, as modified by Assembly Bill No. 1484 enacted on June 27, 2012, as further modified by Senate Bill No. 107 enacted on September 22, 2015, as such may be further amended (collectively, the "Dissolution Act"), adding or amending Parts 1.8 and 1.85 to Division 24 of the Health and Safety Code, to dissolve redevelopment agencies formed under the CRL;
WHEREAS, pursuant to Section 34173 of the Health and Safety Code, effective February 1, 2012 the Successor Agency to the City of Banning, a separate legal entity (the "Successor Agency") was formed to and charged with paying the enforceable obligations, disposing of the properties and other assets, and unwinding the affairs of the dissolved Former Agency; WHEREAS, upon dissolution of the Former Agency, all authority, rights, powers, duties and obligations previously vested with the Former Agency (except for the Former Agency's housing assets and functions) under the CRL vested in the Successor Agency, which was declared a separate legal entity effective June 27, 2012;
WHEREAS, Section 34179(j) of the Health and Safety Code provides for the appointment 96 1
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of a countywide oversight board (the "Countywide Oversight Board") with specific duties to approve certain Successor Agency actions pursuant to Section 34180 of the Health and Safety Code and to direct the Successor Agency in certain other actions pursuant to Section 34181 of the Health and Safety Code;
WHEREAS, the Successor Agency staff has prepared the proposed Recognized Obligation Payment Schedule for the period of July 1, 2026 through June 30, 2027 ("ROPS FY 2026-27"), substantially in the form shown in Attachment "A", attached hereto and incorporated herein by this reference;
WHEREAS, the Successor Agency staff has prepared an administrative budget for the fiscal period commencing on July 1, 2026 and continuing through June 30, 2027 ("FY 2026-27 Administrative Budget"), substantially in the form shown in Attachment "B", attached hereto and incorporated herein by this reference;
WHEREAS, the Successor Agency is entitled to an administrative cost allowance (the "Administrative Cost Allowance") pursuant to Sections 34171(b) and 34183(a)(3) of the Health and Safety Code in the approximate amount of [$250,000] for the 2026-27 fiscal year of which approximately [$125,000] will be disbursed July 1, 2026 and approximately [$125,000] will be disbursed January 2, 2027;
WHEREAS, the City Council of Banning acting in its capacity as the governing board of the Successor Agency, approved the ROPS FY 2026-27 and FY 2026-27 Administrative Budget by adoption of Resolution No. 2025-03 SA, shown in Attachment "C", attached hereto and incorporated herein by this reference;
WHEREAS, under Resolution No. 2025-03 SA, the Successor Agency's governing board represents and warrants that it examined all of the items on the ROPS FY 2026-27 and finds that each of them is necessary for the continued maintenance and preservation of property owned by the Successor Agency until disposition in accordance with the Dissolution Act, the continued administration of the ongoing enforceable obligations, or the expeditious wind-down of the affairs of the Former Agency by the Successor Agency;
WHEREAS, pursuant to Section 34177 and 34180(g) of the Health and Safety Code, the ROPS FY 2026-27 and FY 2026-27 Administrative Budget must be submitted to the Countywide Oversight Board for the Countywide Oversight Board's approval; and WHEREAS, the accompanying staff report, and attachments, attached hereto and incorporated herein by this reference, provide the supporting information upon which the actions 97 1
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set forth in this Resolution are based.
NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND
ORDERED by the Countywide Oversight Board, in regular meeting assembled on January 15, 2026 in the meeting room located on the 1st floor of the County Administrative Center, 4080 Lemon Street, Riverside, California, as follows:
1. The Countywide Oversight Board hereby finds, resolves, and determines that the foregoing recitals are true and correct and are incorporated herein by reference, and, together with information provided by the City of Banning staff and the public, form the basis for the approvals, findings, resolutions, and determinations set forth below.
2. Pursuant to the California Environmental Quality Act (CEQA), based upon a review of the evidence and information presented on the matter as it relates to the adoption of the ROPS FY 2026-27 and the Administrative Budget FY 2026-27, the Countywide Oversight Board has determined that such approval is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines because there is no possibility that the activities in question will have a significant impact on the environment and the amendment is merely the adoption of annual budget; it will not require any construction activities and will not lead to any direct or reasonably foreseeable indirect physical environmental impacts;
3. That the Successor Agency's Executive Director's designee is directed to file a Notice of Exemption with respect to the actions approved under this Resolution in accordance with CEQA.
4. Under Section 34180(g) of the Health and Safety Code, the Countywide Oversight Board must approve the establishment of the recognized obligation payment schedules of the Successor Agency.
5. The Countywide Oversight Board hereby approves the ROPS FY 2026-27 attached hereto as Attachment A (the "Approved ROPS FY 2026-27"). In connection with such approval, the Countywide Oversight Board makes the specific findings set forth below.
6. The Countywide Oversight Board has examined the items on the Approved ROPS FY 2026-27 and finds that each of them is necessary for the continued maintenance and preservation of property owned by the Successor Agency until disposition in accordance with the Dissolution Act, the continued administration of the ongoing 98 1
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agreements herein approved by the Countywide Oversight Board, or the expeditious wind-down of the affairs of the Dissolved RDA by the Successor Agency.
7. The Countywide Oversight Board Chairperson, Successor Agency Executive Director, and Countywide Oversight Board General Counsel are collectively authorized to make any technical or clerical corrections to the Approved ROPS FY 2026-27 prior to filing with the Department.
8. Under Section 34177(j) of the Health and Safety Code, the Countywide Oversight Board must approve the Administrative Budget for the Successor Agency.
9. In accordance with the Dissolution Act, the Countywide Oversight Board hereby approves the FY 2026-27 Administrative Budget, attached hereto as Attachment B (the "Approved Administrative Budget").
10. The Countywide Oversight Board hereby authorizes and directs the Executive Director of the City of Banning ("Successor Agency's Director")], or the Successor Agency's Director's designees, to take all actions and sign any and all documents necessary to implement and effectuate the actions approved by this Resolution as determined necessary by the Successor Agency's Director, or the Successor Agency's Director's designee. The Countywide Oversight Board hereby further authorizes and directs the Successor Agency's Executive Director, or Successor Agency's Director's designee, to execute all documents on behalf of the Successor Agency, and to administer the Successor Agency's obligations and duties to be performed pursuant to this Resolution.
11. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Countywide Oversight Board declares that the Countywide Oversight Board would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
12. The Countywide Oversight Board hereby authorizes and directs the County Executive Office staff and the Successor Agency staff to take all actions necessary under the Dissolution Act to file, post, mail or otherwise deliver via electronic mail, internet posting, and/or hardcopy, all notices and transmittals necessary or convenient in connection with the approval of this Resolution.
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13. Pursuant to Health and Safety Code Section 34179, specified actions taken by the Countywide Oversight Board may be reviewed by the State of California Department of Finance, and, therefore, this Resolution shall not be effective until five (5) business days after approval, subject to a request for review by the State of California Department of Finance, or at the time and in the manner prescribed in Section 34179(h) of the Health and Safety Code.
PASSED, APPROVED, AND ADOPTED by the Countywide Oversight Board for the County of Riverside on January 15, 2026.
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I hereby certify the forgoing to be a true copy of a resolution passed and adopted by the Countywide Oversight Board for the County of Riverside at a regular meeting thereof held on January 15, 2026, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
___________________________________
Chairperson, Countywide Oversight Board
ATTEST:
__________________________________
Clerk of the Countywide Oversight Board
APPROVED AS TO FORM:
Countywide Oversight Board Legal Counsel
By: ______________________________
Attachments incorporated by reference:
A. Approved ROPS FY 2026-27
B. Approved Administrative Budget
C. Successor Agency Resolution No 2025-03 SA Approving ROPS and Administrative Budget 101
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ATTACHMENT "A"
APPROVED ROPS FY 2026-27
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ATTACHMENT "B"
APPROVED ADMINISTRATIVE BUDGET
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ATTACHMENT "C"
SUCCESSOR AGENCY RESOLUTION NO. 2025-03 SA
APPROVING ROPS AND ADMINISTRATIVE BUDGET
[behind this page]
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CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: December 9, 2025
SUBJECT: Consideration of Resolution 2025-163, Accepting a donation from Sun Lakes Charitable Trust in the amount of $2,000
RECOMMENDATION:
Adopt Resolution 2025-163.
BACKGROUND:
City of Banning Administrative Policy B-27 – Donation to City Funds and Programs/Administration, effective 4/2015 and reviewed on 07/2018, establishes the protocol for acceptance of donations for City programs and services.
Administrative Policy B-27 also establishes the acceptance approval thresholds and per this policy, donations in an amount greater than $1,000 must be approved by the City Council.
The Banning Senior Center and its programming is substantially funded under the Parks and Recreation Budget allocation for the Senior Center within the General Fund and is also supported through donations and fund raising throughout the year.
Sun Lakes Country Club Charitable Trust has been a continuous supporter of the Banning Senior Center and has graciously donated $2,000 to the Banning Senior Center this year. The Sun Lakes Charitable Trust made the donation with the requirement that the funds are used for the Senior Center operations and programming as best determined by the Senior Center staff. After evaluation of programming and center needs, the donation will be used to replace the television and audio visual components in the Senior Center Multi-purpose room that has recently lost some functionality for presentation and programming purposes. Additionally, replacement of smaller minor equipment like blinds, coffee cups and programming supplies will be funded with this donation. The replacement of the television and will allow for simple connectivity for resource vendors providing important information and resources to our seniors. The other replacement items will positively impact the seniors with their ongoing programming opportunities and enhance the experience of our senior population that call the Banning Senior Center home.
JUSTIFICATION:
Donations such as this directly and positively impact the Parks and Recreation Department and Banning Senior Center, enhance the City’s offerings and aid in the development and improvement of our community.
FISCAL IMPACT:
The acceptance of the donation does not require any matching funding and will allow for improvement of 105
The acceptance of the donation does not require any matching funding and will allow for improvement of the facility without use of General Fund allocations.
The donation will be deposited in Account 201-4050-361.41-12. An additional appropriation of $2,000 in account 201-4050-446.30-06 is being requested to cover the audio visual, equipment, and supplies.
ALTERNATIVES:
None Provided.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. CC_Resolution_2025-163___Accepting_a_Donation_from_the_Sun_Lakes_Charitable_Trust (1).docx
2. Policy B-27 - Acceptance of Donations & Completed Donation Form.pdf 106
Resolution 2025-163
RESOLUTION 2025-163
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
ACCEPTING A DONATION TO THE BANNING SENIOR CENTER FROM THE SUN LAKES CHARITABLE TRUST IN THE AMOUNT OF $2,000
WHEREAS, the City of Banning Senior Center supports its citizens by offering programs and services that enhance and provide opportunities for socialization and improved health for its senior population; and
WHEREAS, the Banning Senior Center is substantially supported by a General Fund allocation for FY 2025-26; and
WHEREAS, donations offered for the sole purpose of improving the facility or program offerings of the Banning Senior Center are appreciated and valued; and WHEREAS, Administrative Policy B-27 Donations to City Funds and Programs/Administration, establishes the protocol of acceptance of donations; and WHEREAS, Administrative Policy B-27 – Donations to City Funds and Programs/Administration establishes that donations of greater than $1,000 must be approved by the City of Banning City Council; and
WHEREAS, the Sun Lakes Country Club Charitable Trust has offered to donate $2,000 for the support of the Banning Senior Center and its purpose of providing socialization, healthy food and healthy programming for the City’s senior population; and WHEREAS, the best use of the funds for the Banning Senior Center is to replace the television and audio visual components in the Senior Center Multi-Purpose Room and add to the programming needs by replacing small equipment and supplies for bingo and other program funding. This aligned with the wishes of the Sun Lakes Charitable Trust for the use of the donation for Senior Center operations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. Accepting the donation to the Banning Senior Center from the Sun Lakes Country Club Charitable Trust in the amount of $2,000.
SECTION 2. Authorizing the City Manager or his designee to make necessary budget adjustments, appropriations and transfers related to donation for the sole purpose of improving and or aiding programming at the Banning Senior Center.
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 9th day of December 2025 107
Resolution 2025-163
,Mayor
City of Banning
ATTEST:
Sandra Calderon, Acting Deputy City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, City Attorney
108
Resolution 2025-163
CERTIFICATION:
I, Sandra Calderon, Acting Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-163, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of December 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Acting Deputy City Clerk
City of Banning, California
109
CITY OF BANNING
ADMINISTRATIVE POLICY
Policy
Subject: Donations to City Funds and Programs/ Administration No. B-27 Reference: Effective: 4/2015 Page No.
Review Date: 1 of 4
7/2018
Attached is Donations to City Funds and Programs/ Administration Policy 110
City of Banning
Donations to City Funds and Programs/Administration
Effective Date: 4/2015
Review Date: 7/2018
Prepared by: Administrative Services
PURPOSE:
The City of Banning recognizes that there are programs administered by the City that residents may wish to support by donating cash, equipment, or materials and supplies. This policy outlines the parameters under which the City will accept a donation and how the funds will be administered and accounted for.
• Provide procedures related to the requirements for acceptance of cash donations. • Ensure that City departments are accountable for proper documentation, administration and activities, in accordance with donor instructions and as a fiduciary custodian of such donations ..
POLICY:
Approval of Donations
Prior to acceptance of cash, equipment, or materials and supplies for any City fund, program or activity, the City Manager or the City Council (as outlined in this policy) must approve acceptance of the donation and establishment of a new trust fund (where required).
Donation Requirements
Donations must reflect positively on the City or its image (e.g., donations from an organization or individual known to promote or permit discriminatory practices or behavior would be unacceptable).
Donations must relate to City approved programs, projects, or activities.
Donations in an amount less than $1,000 will, at the discretion of the City Manager, be placed in an appropriate line item account and fund related to the purpose of the donation. Amounts greater than $1,000 must be approved by the City Council and will be placed in a fiduciary type (then existing or newly created) fund dedicated solely for the purpose of that donation. The City reserves the right to decline any donation with restrictions that would create an undue administrative burden upon the City.
Donation amounts greater than $250 will be acknowledged in writing by the City. Consistent with IRS regulations, non-cash donations will not stipulate a value but will simply provide a description of what was donated. In the latter case, the donor should consult a tax expert, but in any event, is responsible for assigning a value for taxable write off purposes.
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Donation Submittal Process
A donor may obtain a donation submittal form from the City or simply submit a letter to the City along with the donation amount. The form or letter should indicate for what purpose the donation is made and any restrictions the donor would like placed on the donated funds. The City will provide written acknowledgement of the donation and related restrictions. The acknowledgement will also note how the City will account for the funds.
Maintenance and Monitoring of Donations
Donations which are determined to not require a new fund, but instead are deposited into a fund already established for the purpose the donation was given, will receive the accounting and reporting accorded that particular fund. Any donation set up as its own distinct fund will be handled consistent with government fund accounting. Reporting on that fund will be provided with the annual audited financial statements. Any donor desiring information prior to issuance of the audited financial statements can request, on a quarterly basis, unaudited information by contacting the City Finance Department. 112
City of Banning
DONATION ACCEPTANCE FORM
Per City of Banning Policy gifts, grants, or bequests of less than $1,000 in value may be accepted by the City Manager. Anything $1,000 or above shall be approved by the Banning City Council.
Acceptance of Monetary Gifts, Grants and
Other Revenues from Private Sources
Donor (Entit Name):
Recipient Organization:
Are Funds to be used for a Specific
Purpose?
No □
(General Donation)
Yes □
If for a Specific Purpose Description is Required:
Amount($):
Acceptance of Non-Monetary Gifts,
_
Grants and
Other Revenues from Private Sources
Type of Item Donated: Purpose:
City Manager's Approval Yes □ No □ Signature: __________ _ City Council Approval
Date: ____________ _
Yes □ No □ Signature: __________ _
Date: ____________ _
'
l=
Sun Lakes Country Club Charitable Trust
City of Banning Senior Center
X
The donation had a stipulation to be
used for improvement to Senior Center Operations and or Senior Center Programming. $2,000
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CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Marisol Lopez, Economic Development Manager Ralph Wright, Parks and Recreation Director
MEETING DATE: December 9, 2025
SUBJECT: Consideration of Resolution 2025-166, Approving Community Development Block Grant (CDBG)Applications for Fiscal year 2026/2027 RECOMMENDATION:
Adopt Resolution 2025-166.
BACKGROUND:
The City of Banning is a cooperating City in the Community Development Block Grant (CDBG) Program.
The CDBG program is a flexible program that provides communities with resources to address a wide range of unique community development needs. Beginning in 1974, the CDBG program is one of the longest-running programs at HUD. The CDBG entitlement program allocates annual grants to larger cities and urban counties to develop viable communities by providing decent housing, a suitable living environment, and expanding economic opportunities, primarily for low- and moderate-income individuals.
The CDBG program is a federally funded program administered through the U.S. Department of Housing and Urban Development (HUD). As an Urban County in the Entitlement CDBG program, the County receives an annual formula allocation of CDBG funds from HUD. HUD determines the amount of each grant using a formula that incorporates several measures of community need, including the extent of poverty, population, housing overcrowding, the age of housing, and population growth lag in relation to other metropolitan areas.
The program works to ensure decent, affordable housing, provides services to the most vulnerable in our communities, and creates jobs through the expansion and retention of businesses. CDBG is a vital tool for helping local governments address the serious challenges facing their communities. The CDBG program has made a difference in the lives of millions of people and their communities across the Nation.
CDBG was authorized under the Housing and Community Development Act of 1974, as amended, and is listed under the Catalog of Federal Domestic Assistance (CFDA) as 14.218. Applicable CDBG regulations can be found at 24 CFR Part 570 and 24 CFR Part 91. CDBG funding has been used by the County, its cooperating cities, and other subrecipients for a wide variety of community, economic, and social development activities. Activities include public facilities such as fire stations, parks, community centers, senior centers, homeless shelters, health clinics, water and sewer improvements, and street and sidewalk improvements. CDBG also provides public service activities such as childcare, health care, after school, programs, senior programs, food and clothing distribution, job training, recreation, and many more.
As part of the Federal CDBG guidelines, proposed projects/public service activities must meet the following criteria:
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1. The project or activity must primarily benefit the low and moderate income community;
2. The project or activity must aid in the prevention or elimination of slums and blight areas;
3. The project or activity must be designed to meet the Community's Development needs and have a particular urgency.
Notice of Funding Availability (NOFA) for the County of Riverside’s 2026-2027 Urban County CDBG program for Cooperating Cities. The estimated City of Banning allocation for 2026/2027 is $156,000.
The County opened the 2026-2027 CDBG application cycle starting September 29, 2025. The City of Banning, through HWS, has accepted applications for both City projects and from interested Non-profits, annually with each CDBG Funding cycle. This year, the City accepted applications through, November 14th, 2025, at 4pm. Notifications of the CDBG application period in English and Spanish were published on the City's Website and press releases were transmitted to the Record Gazette.
Two applications were submitted within the application period: The City of Banning applied for the Sylvan park Improvement project in the amount of $160,000 and the Boys and Girl's Club of the San Gorgonio Pass submitted an application for their Teens Continue to Lead program in the amount of $30,000.
On October 14, 2025, the City Council appointed an Ad-Hoc committee comprised of two Council Members, Mayor Pro Tem, Richard Royce and Council Member, Leroy Miller, to review and recommend approval of selected applications of FY 2026/2027 CDBG funding cycle. The committee met on December 3, 2025, and recommended the City's $156,000 entitlement be allocated to the City of Banning's Sylvan Park improvement Project in the amount of $150,000 and to the Boy's and Girl's Club of the San Gorgonio Pass' Teen Continue to Lead program in the amount of $6,000.
JUSTIFICATION:
In response to the 2026/2027 CDBG application period, two applications were submitted within the application acceptance window: One application was submitted by the City of Banning for their Sylvan Park Improvement Project in the amount of $160,000 and one non-profit public service related project was submitted by the Boys and Girls Club of the San Gorgonio Pass for their Teens Continue to Lead Program in the amount of $30,000. There was one additional non-profit public service related project that was submitted ten days after the application window closed.
As set forth in the guidelines for utilization of the CDBG funding, the City Council may designate up to 15% of the City’s allocation to service oriented non-profit agencies for public services projects but is not required to do so. The FY 2026/2027 estimated allocation is $156,000 of which a maximum of $23,400.00 can be awarded to non-profit service related organizations.
The Ad-Hoc committee recommended the following:
Public Service Project - The Boys and Girls Club of the San Gorgonio Pass in the amount of $6,000 and the City of Banning Sylvan Park Improvement Project in the amount of $150,000.
FISCAL IMPACT:
The estimated funding under the CDBG Fiscal Year 2026/2027 program is approximately $156,000.
There is no match requirement for approved projects with this funding. Upon approval of the City Council, the recommended City selected and approved projects will be submitted to the HWS for review and consideration. It is anticipated that the final funding approval will be provided to the City by October of 2026.
ALTERNATIVES:
1. Approve Resolution 2025-166 as recommended
2. Approve Resolution 2025-166 with modifications
3. Do not approve Resolution 2025-166 and provide alternate direction 115
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Resolution2025-166.docx
2. Notice of Funding CDBG Grant, png
3. City of Banning NOFA Cover Letter.pdf
4. POP - Record Gazette - NOFA English 26-27.pdf
5. POP - Record Gazette - NOFA Spanish 26-27.pdf
6. CDBG 2026-2027 City of Banning Application.pdf
7. CDBG 2026-2027 Boys & Girls Club of the San G Application.pdf 116
Resolution 2025-166
RESOLUTION 2025-166
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM PROJECTS FOR THE FISCAL YEAR 2026/2027 FUNDING CYCLE WHEREAS, the City of has accepted and submitted applications for projects/public service activities under the Community Development Block Grant (CDBG) program for the County of Riverside Department of Housing and Workforce Solutions on an annual basis; and WHEREAS, the City of Banning received a Notice of Funding Availability for the 2026/2027 CDBG Funding cycle from the County of Riverside’s 2026-2027 Urban County Community Development Block Grant Program with an estimated funding allocation available of $156,000; and
WHEREAS, the City of Banning opened an application window to accept CDBG FY 2026/2027 project and public service applications from City departments and interested nonprofits and accepted applications from October 14, 2025 through November 14, 2025; and WHEREAS, notifications of application availability were provided to non-profit organizations, City Departments and the general public through various media, including legal notice in the Record Gazette, City’s Website, and
WHEREAS, on October 14, 2025, at its regular meeting, the City Council appointed an Ad-Hoc Committee to review applications received. The applications were provided to the committee for review on December 3, 2025, and the Ad-Hoc committee made recommendations as to the accepted projects; and
WHEREAS, the CDBG Ad-hoc Committee reviewed applications and recommended the following projects be funded; City of Banning Sylvan Park Improvement Project in the amount of $150,000 and the Boys and Girls of the San Gorgonio Pass’ Teens Continue to Lead program in the amount of $6,000; and
WHEREAS, the projects submitted herein meets the CDBG program guidelines and/or requirements; and
WHEREAS, it is necessary that the project be approved by the City Council through resolution in order for the City and its residents to obtain and utilize the federally funded CDBG grant funds for the Fiscal year 2026/2027 Funding Cycle.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The Banning City Council adopts Resolution 2025-166, approving the projects submitted for funding under the Community Development Block Grant Programs for Fiscal Year 2026/2027; and
SECTION 2. Authorizing the City Manager or his designee to make necessary budget adjustments, appropriations and transfers related to this resolution; and 117
Resolution 2025-166
SECTION 3. Authorizing the City Manager or his designee to submit two projects for Fiscal Year 2026/2027 Community Development Block Grant program to the County of Riverside Housing and Workforce Solutions for review and approval by their Board: and 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 9th day of December 2025 , Mayor
City of Banning
ATTEST:
Sandra Calderon, Acting Deputy City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
118
Resolution 2025-166
CERTIFICATION:
I, Sandra Calderon, Acting Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-166, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of December 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Acting Deputy City Clerk
City of Banning, California
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3403 Tenth Street, Suite 300 | Riverside, CA 92501 | FAX: (951) 374-3098 | Phone: (951) 955-1161
TO: Art Vela, Interim City Manager
City of Banning
FROM: Juan Garcia, HWS Deputy Director
DATE: September 29, 2025
RE: Notice of Funding Availability (NOFA) for the County of Riverside’s 2026- 2027 Urban County Community Development Block Grant Program Attached please find a copy of the Notice of Funding Availability (NOFA) for the County of Riverside’s 2026-2027 Urban County CDBG program for Cooperating Cities. The County opened the 2026-2027 CDBG application cycle starting September 29, 2025.
2026-2027 Action Plan/Funding Cycle
Applications will be accepted from cooperating cities for both internal (city-administered projects) as well as applications from the cities’ subrecipients including non-profit organizations, special districts, or other entities. All applications are due no later than December 18, 2025.
We ask that cities please submit applications to HWS staff for pre-screening prior to consideration by the City Council to ensure that the proposed applications comply with all the CDBG program requirements.
Applications are evaluated for several factors, including priority needs and local objectives outlined in the City’s Five-Year Consolidated Plan, community feedback gathered through the public participation process, the cost-effectiveness of the proposed project (including the leveraging of CDBG funds with other resources), and the applicant’s past grant performance, if applicable.
The County will only accept hard-copy, paper applications from the cooperating cities for the 2026-2027 cycle. A copy of the approved 2026-2027 CDBG Application has been attached to the NOFA. A fillable pdf version of the CDBG application is available upon request. An original and one copy of each proposal must be submitted to the County together with a resolution or minute order from your Council approving the projects and authorizing the submittal of the applications.
Your city’s 2026-2027 CDBG allocation is estimated to be $156,000; this allocation is based upon updated information from HUD and is subject to change.
Each cooperating city is responsible for planning, designing, and carrying out its own CDBG application process that best meets the needs of its city. The cities can decide to fund only internal city-administered projects, external subrecipient projects, or a combination of the two. The city council will make the final funding decisions based on the city’s priority community development needs. 121
3403 Tenth Street, Suite 300 | Riverside, CA 92501 | FAX: (951) 374-3098 | Phone: (951) 955-1161 The County has established several minimum thresholds concerning the cooperating cities’ CDBG application process:
1. The process must be open and fair;
2. The city must publically notice (newspapers, city website, social media) the opening of the city’s 2026-2027 CDBG application cycle;
3. The notice should reference the County’s Notice of Funding Availability (NOFA) for the County of Riverside’s 2026-2027 Urban County CDBG program for Cooperating Cities;
4. The notice should be published in both English and Spanish if a significant portion of the city’s residents speak Spanish – if there is a significant number of residents that predominantly speak another language, the city should publish their notice in that language as well;
5. The notice must provide direction as to where applications can be obtained, when the applications are due, and other application submittal instructions;
6. The notice will identify any funding priorities established by the city (e.g., senior programs, street improvements, youth programs, etc.);
7. The city must allow at least 30 days for the application process;
8. The public notice must provide information on the application review and approval process (e.g., staff review/council approval; staff review/committee review/ council approval, etc.);
9. The public notice must identify a contact person for questions and assistance; and
10. The notice must contain the date, time, and location where the city council will make the final 2026- 2027 CDBG funding determinations.
Your city can only submit proposals for activities that have been identified in the 2024-2029 Five Year Consolidated Plan as a priority activity for CDBG funding.
Please take time to review the Timeliness and Drawdown section of the NOFA, particularly as it relates to project readiness and timely completion. Currently, your city has four (4) open capital funded projects. As a result, the City cannot apply for 26/27 CDBG funding if those projects are not expected to be completed by April 1, 2026. The City is not at risk of losing 26/27 CDBG funding. It will roll over and be available for the City to apply for the following year. If the City anticipates completing the active projects by April 1, 2026, you may disregard this notice and submit a funding application as instructed in this letter.
We encourage you to carefully review your current opened projects and provide a timeline and drawdown plan. Our team is available to assist you in planning for timely project implementation and successful outcomes.
HWS requests that any capital projects under consideration be shovel-ready and capable of being completed within 12 months of receiving funds. This timeline is important to help the program remain in compliance with HUD requirements and to ensure that awarded funds are used quickly and effectively.
For additional information regarding the 2026-2027 CDBG application cycle, please contact the CDBG Program Manager assigned to your city or:
Susana Orozco, Principal Development Specialist
3403 10th Street, Suite 300
Riverside, CA 92501
(951) 955-5933 Email: [email protected]
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FILER
SANDRA CALDERON
[email protected]
(951) 922-3125
FILING FOR
Record Gazette
OFFICIAL AD PROOF
This is the proof of your ad scheduled to run in Record Gazette on the dates indicated below. If changes are needed, please contact us prior to deadline at (951) 849-4586.
Notice ID: ELW4ygIUu50of0M3oZb4 | Proof Updated: Oct. 28, 2025 at 01:51pm PDT Notice Name: CDBG NOFAEnglish
This is not an invoice. Below is an estimated price, and it is subject to change. You will receive an invoice with the final price upon invoice creation by the publisher.
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Total Column Inches: 6.22
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Ad Class: Legals
10/31/2025: Display Ad Notice 296.30
Subtotal $296.30
Tax $0.00
Processing Fee $0.00
Total $296.30
See Proof on Next Page
CDBG NOFAEnglish - Page 1 of 2
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Expected print dimensions of advertisement: Newspaper page size: Width: 9.75 in., Height: 10.88 in.
Width: 2.67 in., Height: 3.11 in. Publisher may wrap or break notice between pages.
CDBG NOFAEnglish - Page 2 of 2
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CDBG NOFASpanish - Page 1 of 2
FILER
SANDRA CALDERON
[email protected]
(951) 922-3125
FILING FOR
Record Gazette
INTERIM AD DRAFT
This is the proof of your ad scheduled to run in Record Gazette on the dates indicated below. If changes are needed, please contact us prior to deadline at (951) 849-4586.
Notice ID: JUlRdPsVU3p3Yx9zw0zZ | Proof Updated: Oct. 28, 2025 at 01:56pm PDT Notice Name: CDBG NOFASpanish
This is not an invoice. Below is an estimated price, and it is subject to change. You will receive an invoice with the final price upon invoice creation by the publisher.
Columns Wide: 2
Total Column Inches: 6.22
Number of Lines: n/a
Ad Class: Legals
10/31/2025: Display Ad 104.94
Subtotal $104.94
Tax $0.00
Processing Fee $0.00
Total $104.94
See Proof on Next Page
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CDBG NOFASpanish - Page 2 of 2
Expected print dimensions of advertisement: Newspaper page size: Width: 9.75 in., Height: 10.88 in.
Width: 2.67 in., Height: 3.11 in. Publisher may wrap or break notice between pages. 126
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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: December 9, 2025
SUBJECT: Consideration of Resolution 2025-168, Approving a Human Resources Director Employment Agreement
RECOMMENDATION:
Adopt Resolution 2025-168.
BACKGROUND:
During the July 8 City Council meeting, the Council approved funding for the Human Resources Director position.
Staff partnered with CPS-HR, an executive recruitment firm, to conduct the search. After approximately one month of advertising, CPS-HR received 104 applications and narrowed the pool to six candidates.
City staff then selected the top two candidates for interviews. On October 22, the finalists participated in a three-round interview process, which included a one-on-one interview with the City Manager, a Director and Deputy Director panel, and a management-level panel. Following the interviews and subsequent debrief, Mrs. Lisa Rossi was identified as the top candidate for the Human Resources Director position.
Mrs. Rossi holds a Bachelor of Arts in Political Science from San Francisco State University and maintains both a Human Resources Certified Senior Professional (PSHRA-SCP) certification and a Diversity and Inclusion for HR certification. She brings more than 25 years of experience in public service, specializing in human resources, risk management, and labor negotiations across multiple public-sector organizations. Mrs. Rossi currently serves as the Administrative Services Director for the City of Half Moon Bay.
The Employment Agreement is consistent with the compensation and benefits established by Resolution No. 2019-41, establishing maximum compensation and benefits for department directors.
JUSTIFICATION:
The Human Resources Director position is critical to successful operations of the Human Resources & Risk Management Departments. Mrs. Rossi is highly qualified and has the experience necessary to successfully perform the duties of the position.
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FISCAL IMPACT:
The 2025/2026 budget includes funding for the Human Resources Director position.
Fiscal Year Estimated Annual Salary
2025/2026 $199,858.68
2026/2027 $210,183.89
2027/2028 $221,042.53
2028/2029 $227,673.80
2029/2030 $234,504.01
ALTERNATIVES:
Do not adopt Resolution No. 2025-168 and provide staff alternate direction.
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
1. Resolution_2025-168__EA_Lisa_Rossi.doc
2. Employment Agreement - Lisa Rossi.pdf
3. Human Resources Director 2025.pdf
4. Reso No. 2019-41 Exec Comp and Increase.pdf
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Resolution 2025-168
RESOLUTION 2025-168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING A HUMAN RESOURCES DIRECTOR EMPLOYMENT AGREEMENT WHEREAS, the City Manager selected Lisa M. Rossi for the permanent position of Human Resources Director; and
WHEREAS, at the City Council regular meeting on December 9, 2025, the Council considered a Human Resources Director Employment Agreement between the City of Banning and Lisa M. Rossi; and
WHEREAS, Lisa M. Rossi has confirmed her desire to serve as Human Resources Director for the City of Banning; and
WHEREAS, the parties agree that Lisa M. Rossi has the necessary qualifications and experience to perform as the Human Resources Director for the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves the Human Resources Director Employment Agreement with Lisa M. Rossi, and authorizes the City Manager to make necessary nonsubstantive changes to and execute said Agreement.
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 9th day of December 2025. ,Mayor
City of Banning
ATTEST:
Sandra Calderon, Acting Deputy City Clerk
City of Banning
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Resolution 2025-168
APPROVED AS TO FORM:
John Pinkey, City Attorney
SBEMP
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Resolution 2025-168
CERTIFICATION:
I, Sandra Calderon, Acting Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-168, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of December 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Acting Deputy City Clerk
City of Banning, California
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Resolution 2025-168
Exhibit A
Employment Agreement with Lisa M. Rossi
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CITY OF BANNING
HUMAN RESOURCES DIRECTOR EMPLOYMENT AGREEMENT
This HUMAN RESOURCES DIRECTOR EMPLOYMENT AGREEMENT (hereinafter referred to as the 8th day of December, 2025, by and between the
and Lisa Rossi
Human Resources Director. For purposes of this AGREEMENT, CITY and EMPLOYEE may be collectively
R E C I T A L S
WHEREAS, California Government Code section 34851 authorizes a city manager form of WHEREAS, California Government Code section 34856 provides that the City Manager, in cities operating under the City Manager form of government, may appoint and dismiss Department Directors and other subordinate appointive offices and employees; and WHEREAS, the duties of the Human Resources Director
AGREEMENT; and
WHEREAS, the CITY requires the services of a Human Resources Director; and Manager desires to appoint EMPLOYEE to serve as the Human Resources Director for the CITY; and WHEREAS, the Parties agree that EMPLOYEE has the necessary qualifications and experience to perform as the Human Resources Director for the CITY; and WHEREAS, EMPLOYEE desires to perform and assume responsibility for the provision of Human Resources Director services to the CITY and the Finance Department; and Human Resources Director professional services to the CITY through this AGREEMENT; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the CITY and EMPLOYEE hereby agree as follows:
1.0 EMPLOYMENT & DUTIES
1.1 Duties. The City Manager hereby appoints EMPLOYEE as Human Resources Director for the AGREEMENT, the California Government Code, and such other legally permissible and proper duties and functions as the City Manager shall, from time to time, direct or assign to EMPLOYEE. CITY reserves the right to amend Banning Municipal Code, as it deems necessary and appropriate, without requiring functions and duties to the best of his ability and in an efficient, competent, and ethical manner.
1.2 Work Schedule. It is recognized that the Human Resources Director is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all 176
times, and must devote a great deal of time outside the normal office hours to the business of the CITY.
EMPLOYEE acknowledges that proper performance of the duties of Human Resources Director will require EMPLOYEE to generally observe normal business hours (currently 8:00 a.m. to 5:00 p.m., Monday through Friday, including a standard one hour-lunch period), as set by the CITY and as may be duly revised from time-to-time by the CITY, and will also often require the performance of necessary services outside
based on hours worked. Furthermore, the Human Resources Director EMPLOYEE shall not be entitled to any compensation for overtime nor subject to such overtime provisions of the FLSA.
1.3 FLSA Exempt Status. EMPLOYEE acknowledges and agrees that the Human Resources Director position is that of an exempt employee of the CITY for the purposes of the FLSA.
1.4 Other Activities. EMPLOYEE shall focus his professional time, ability, and attention to the prior written consent of the City Manager, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the CITY, that might cause a conflict-of-interest with the CITY, or that otherwise might interfere with the business or operation of the CITY or the satisfactory performance of the functions and duties of the Human Resources Director.
1.5 Employment Status. Upon appointment to the Human Resources Director position, EMPLOYEE shall serve at the will and pleasure of the City Manager and understands that by accepting the Human Resources Director -
summary dismissal without any right of notice or hearing, except as required by law, including any prerdance with Section
3.4 below, and as permitted by all applicable laws.
1.6 Exemption from Personnel System. BMC §2.68.020(E) expressly exempts the Human Resources Director
1.7 CITY Documents. All data, studies, reports and other documents prepared by EMPLOYEE while performing his duties during the term of this AGREEMENT shall be furnished to and become the property of the CITY, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to EMPLOYEE in connection with the performance of this AGREEMENT shall be held confidential by EMPLOYEE to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by EMPLOYEE, without the prior written consent of the City materials may be disclosed to any person or entity not connected with the performance of services under this AGREEMENT, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.
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2.0 COMPENSATION AND REIMBURSEMENT
2.1 Salary. For the services rendered pursuant to this AGREEMENT, EMPLOYEE shall be placed at Range D02, Step 9 which at the time of executing this agreement is annually One-Hundred NinetyNine Thousand, Eight Hundred Fifty-Eight Dollars and Sixty-Eights Cents ($199,858.68) per year -rated basis bi-weekly at the same time as other employees of the CITY are paid, effective on the day EMPLOYEE commences work for the CITY. Such Salary shall be subject to all permissible and required withholdings as determined by state and federal law and as determined appropriate by the City Council.
2.2 Salary Review. The EMPLOYEE salary is set at Step 9 of the range. It is understood that annual Step adjustments will be approved based upon satisfactory performance evaluations. Any other salary adjustments will be those based upon the Consumer Price Index (CPI), unless a future Compensation Study is approved by the City Council.
the AGREEMENT. Annual adjustments in the base salary will be established by City Council resolution.
2.4 Business Expense Reimbursements. CITY shall reimburse EMPLOYEE for reasonable and necessary travel, subsistence, and other CITY related business expenses incurred by EMPLOYEE in the performance of his duties. All reimbursements shall be subject to and in accordance with California law, through accounts payable.
3.0 TERM
3.1 Commencement & Effective Date. EMPLOYEE shall commence service hereunder at 8:00 a.m. Pacific Daylight Time on December 8, 2025, In the event EMPLOYEE commences services on a date other than December 8, 2025, such date shall be deemed the effective date of this AGREEMENT
3.2 Term. CITY hereby employs EMPLOYEE for an initial term of five (5) calendar years December 7, 2030,
subject to termination by the City Manager or by EMPLOYEE, with or without cause, as hereinafter provided in Sections 3.3 and 3.4, at the conclusion of which this AGREEMENT shall automatically terminate. Prior to such automatic termination, the CITY shall have the option to unilaterally extend the Term of this AGREEMENT for an additional five (5) years, subject to termination by the City Manager or by EMPLOYEE, with or without cause, as hereinafter provided in Sections 3.3 and 3.4. Additionally, the Term of this AGREEMENT may be extended upon mutual concurrence from the City Manager and the EMPLOYEE, as evidenced by a writing signed by both parties. The CITY agrees that in the last year of the initial five-year Term of the AGREEMENT, and in the last year of the Term of the AGREEMENT should the Term of the AGREEMENT be extended beyond its initial five years, the annual evaluation will be performed at least six (6) months prior to the expiration of the term.
3.3 Termination by EMPLOYEE. EMPLOYEE may terminate this AGREEMENT at any time, provided EMPLOYEE provides the City Manager with at least thirty (3 178
the event EMPLOYEE terminates this AGREEMENT, EMPLOYEE expressly agrees that EMPLOYEE shall not be entitled to any severance pay.
3.4 Termination by CITY. The City Manager may terminate this AGREEMENT at any time with or EMPLOYEE pursuant to this Section 3.4 shall not be subject to or and Regulations of the Personnel System (Resolution No. 1974-22), or any subsequent related employees. EMPLOYEE expressly waives any rights provided for the Human Resources Director under -22), Municipal Code, or
under other local, state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination, except as to rights that by law cannot be waived.
Nothing herein shall be construed to create a property interest, where one does not exist by rule of law in the position of Human Resources Director. Notwithstanding this Section 3.4, upon appointment to the Human Resources Director position, EMPLOYEE remains an at-will employee serving at the pleasure of the City Manager.
(a) Termination by CITY for Cause. The City Manager may terminate this AGREEMENT at any shall be defined to include any
misconduct materially related to performance of official duties, including but not limited to any of the following: 1) breach of this AGREEMENT, 2) willful or persistent material breach of duties, 3) résumé fraud or other acts of material dishonesty, 4) unauthorized absence or leave, 5) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality), conviction of a misdemeanor DUI, or conviction of a felony (the CITY may, in its discretion, place EMPLOYEE on paid or unpaid administrative leave until resolution of charges brought against -harassment policies and/or a finding that legally prohibited personal acts of harassment against a CITY official or employee or legally prohibited personal acts of nd Regulations of the
Personnel System (Resolution No. 1974-22) and Administrative Policies, 8) use or possession of illegal drugs, 9) engaging in conduct tending to bring embarrassment or disrepute to the CITY, 10) any illegal or unethical act involving personal gain, 11) pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted directions or policy decisions of the City Manager, and 12) gross misfeasance or gross malfeasance. If the City Manager terminates for cause this AGREEMENT and the services of EMPLOYEE hereunder, the CITY shall have no obligation to pay EMPLOYEE any severance. (b) Termination by City Manager Without Cause. By providing EMPLOYEE at least thirty (30) als or policies, including but not
limited to: i) change of administration, or ii) incompatibility of management styles. In the event EMPLOYEE is terminated without cause, EMPLOYEE expressly agrees that EMPLOYEE shall be entitled to severance pay, as the result of the termination of this AGREEMENT, as provided in Section 4.1 below.
4.0 SEVERANCE
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4.1 Severance Pay. In the event EMPLOYEE is terminated without cause and EMPLOYEE does not challenge such termination, including but not limited to, by means of appeal or civil or administrative claim or liberty hearing, then CITY shall pay to EMPLOYEE severance as follows:
salary then in effect multiplied by three (3).
4.1.2 CITY shall pay the cost for medical, dental and vision insurance for EMPLOYEE and all dependents for a period of three months after the date of termination or until EMPLOYEE is eligible for insurance coverage through other employment, whichever occurs first.
4.1.3 In the event that this AGREEMENT expires by its own terms and not by resignation of EMPLOYEE or early termination by City Manager, then EMPLOYEE shall not be entitled to any severance.
4.1.4 Notwithstanding any other provision of this paragraph 4.1, should such proposed severance payment exceed the amount authorized to be paid under Government Code Section 53260, then the amount paid to EMPLOYEE shall be reduced in the amount necessary to comply with such statute. (Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than eighteen (18) months if the unexpired term exceeds 18 months).
4.2 No Severance Pay if Termination for Cause or Initiated by EMPLOYEE. As provided in Section
3.4(a), should EMPLOYEE be terminated for cause, the CITY shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3, should EMPLOYEE initiate termination of this AGREEMENT, the CITY shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 4.1 above, should this AGREEMENT expire by its own terms without early termination by EMPLOYEE or City Manager, then the CITY shall have no obligation to pay the severance provided for in Section 4.1.
4.3 Sole Rights. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of EMPLOYEE with respect to severance pay in the event of the termination, other than for cause or by expiration of the AGREEMENT. EMPLOYEE expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon
5.0 PERFORMANCE EVALUATIONS
5.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to EMPLOYEE so as to facilitate a more effective management of the CITY.
Nothing herein shall be deemed to alter or change the at-will employment status of EMPLOYEE as Human Resources Director (as set forth in Section 1.5 above), nor shall this Section 5.0 be construed as
5.2 Annual Evaluation. The City Manager shall conduct a formal or informal review and evaluate the performance of EMPLOYEE on an annual basis. Such review shall be conducted on or within four (4) 180
Human Resources
Director, using an evaluation form to be approved by City Manager.
6.0 BENEFITS AND OTHER COMPENSATION
6.1 Professional Development. The CITY recognizes its obligation to the professional development of its Human Resources Director and agrees that EMPLOYEE shall be given adequate opportunities to develop and maintain skills and abilities as a public administrator. EMPLOYEE is expected and encouraged to and does agree to participate in professional organizations and to attend area and regional meetings and conferences related to matters of interest to the CITY consistent with the time required for such atten
determined by the City Manager. As budget permits, the CITY hereby agrees to budget an amount to be determined in the exercise of its sole discretion to pay the cost, travel and subsistence expense of EMPLOYEE for professional and/or official travel, meetings, and occasions adequate to continue professional development of EMPLOYEE and to adequately pursue necessary official functions for the CITY. These activities shall include membership in at least two professional associations and attendance of at least two annual professional development conferences. EMPLOYEE shall be responsible for maintaining any professional certifications recognized as necessary or desirable in the performance of the duties hereunder. Tuition will be reimbursed to EMPLOYEE for professional and technical courses approved by the City Manager and taken in an accredited educational institution provided that: i) the subject matter of the course relates directly to and contributes toward the Human Resources Director position with the CITY; ii) EMPLOYEE has received at least a competent proficiency rating on the last performance evaluation report; and iii) EMPLOYEE has furnished evidence that the course has been As permitted by the budget, and in an amount to be determined at the sole discretion of the City, the CITY agrees to budget and pay for travel and subsistence expenses of EMPLOYEE for short s professional development and for
the good of the CITY. As provided for in the budget, the CITY agrees to pay for professional dues and subscriptions of EMPLOYEE reasonably related to the professional growth, development, education and training of EMPLOYEE.
All reimbursable expenses under this Section must be approved in advance by the City Manager.
6.2 Paid Leave.
(a) Sick Leave. EMPLOYEE shall be entitled to ninety-six (96) hours of sick leave annually, with the right to cash in a maximum of ninety-six (96) hours annually. A minimum of forty (40) sick leave hours must be left in the bank at time of cash out. Sick leave shall accrue at the rate of 3.69 hours per pay period. Any sick leave cash out request must be made no later than November 1st of each year, and payment of the cash out shall be made in the last check issued in November. Sick leave may only be accrued to a maximum of four hundred eighty (480) hours at which point sick leave accrual will cease until the accrued hours fall below the maximum of four hundred eighty (480) hours. Sick leave must be used and deducted from accruals on a minute-by-minute basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. Upon termination for any reason, EMPLOYEE shall be entitled to one hundred percent (100%) of the unused sick leave on the books then existing.
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(b) Vacation Leave. EMPLOYEE shall be entitled to one hundred sixty (160) hours of vacation leave annually, with the right to cash in a combined maximum of eighty (80) vacation leave hours annually from any vacation leave bank. A minimum of eighty (80) vacation leave hours must be left in the regular vacation bank at time of cash out. If EMPLOYEE accrues greater than three hundred (300) hours of vacation time, then he may request a one-time cash out of fifty percent (50%) of the total available vacation hours to be paid at his current pay rate. Vacation leave shall accrue at the rate of 6.15 hours per pay period. Vacation leave may only be accrued to a maximum of four hundred eighty (480) hours at which point vacation leave accrual will cease until the accrued hours fall below the maximum of four hundred eighty (480) hours. Vacation leave must be used and deducted from accruals on a minuteby-minute basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. Upon termination, for any reason, EMPLOYEE shall be entitled to one hundred percent (100%) of the unused vacation leave on the books then existing. A vacation leave bank of forty (40) hours will be established as of the employment date. (c) Executive Leave. EMPLOYEE shall be entitled to ninety-eight (98) hours annual accrual with a maximum accrual cap of two-hundred (200) hours. Leave will be earned at a rate of 3.77 hours per pay period. A maximum of ninety-eight (98) hours of Executive Leave may be cashed out annually. (d
Juneteenth,
must be used during the fiscal year or they may be cashed out with City Manager approval according to Administrative Policy A-30. If the City Council recognizes an additional holiday for City employees, said holiday shall be extended to EMPLOYEE. Holiday leave must be used and deducted from accruals in increments of no less than one hour for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours.
(e
estic partner, EMPLOYEE shall be allowed
thirty (30) hours of bereavement leave for each death of a family member. Bereavement leave must be used and deducted from the total allowed hours in increments of no less than five hours for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. In the event of the death of a spouse or multiple family deaths occurring within a 24-hour period, EMPLOYEE shall be allowed forty (40) hours of total bereavement leave for this unfortunate event.
6.3 Cafeteria/Health & Welfare Benefits. EMPLOYEE shall be entitled to receive from the CITY an annual cafeteria benefit in an annual amount capped at Twenty Thousand Dollars ($20,000.00), for the purchase of health and welfare benefits under any approved plan provided by the CITY. Said contribution shall first be used to provide for health insurance for the EMPLOYEE. EMPLOYEE may use plan as determined by
income or converted to a 457 Plan or CITY sponsored Medical Savings Account. EMPLOYEE may increase the benefit annually using CPI or the average of all CITY health insurance premium increases as long as it stays within the maximum parameters established by City Council for department heads. EMPLOYEE 182
may elect to receive ninety-two and five-tenths percent (92.5%) of the balance in cash as CalPERS nonincludable taxable income or converted to a 457 plan or CITY sponsored Medical Savings Account.
6.4 Retirement.
conditions provided in the contract between the CITY and CalPERS and also subject to applicable state Classic Member
Pension Reform Act of 2013 and will be covered by the 2.0% at 60 formula. In the regulations, the latter shall prevail.
(b) Employee Contribution. EMPLOYEE shall be responsible for the full member contribution for
6.5 Automobile. EMPLOYEE shall receive Two Hundred Fifty Dollar ($250.000) per month as and for a car allowance for use of a personal vehicle in pursuit of recognized official duties.
Spending Plan to the same extent as enjoyed by any other employee.
6.7 Life Insurance. In addition to the annual cafeteria benefit, the CITY will pay annual premiums for life insurance for EMPLOYEE with a benefit/coverage amount of One Hundred Fifty
6.8 Business Equipment. The CITY will finance at no interest to EMPLOYEE the purchase of any job-related personal tools or equipment, such as a computer, cell phone, etc., that serve the professional development of EMPLOYEE. Such tools or equipment shall be approved in advance by the base salary of EMPLOYEE. Repayment to the CITY shall be made by payroll deductions until the amount loaned is completely repaid. The maximum period for repayment shall be two (2) years. Should EMPLOYEE terminate employment, then the remaining loan amount repayment shall be accelerated and become fully due and owing as of the termination date and may be deducted from any wages owed, including any severance payment to be made.
6.9 Bonding. CITY shall bear the full cost of any fidelity or other bonds required for EMPLOYEE under any law or CITY ordinance.
6.10 Education Pay. The CITY agrees to pay to EMPLOYEE the sum of Two Hundred and Seventy Five Dollars ($275.00) p
6.11 Eyewear/Eyecare Reimbursement. EMPLOYEE shall be entitled to reimbursement for expenses incurred and paid by EMPLOYEE and/or dependents in obtaining prescription eyewear or medical care from a licensed Optician, Optometrist or Ophthalmologist. Such amount is limited to a total for all expenses of Three Hundred Dollars ($300.00) every two years commencing on the date of this AGREEMENT. Thereafter, reimbursement will occur two years from the date of the previous reimbursement.
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6.13 Utility Allowance. Should EMPLOYEE reside within the CITY limits, then EMPLOYEE shall be entitled to receive a utility credit in the amount of One Hundred Fifty Dollars ($150.00) per month against the cost of electric and water service during the period of such residency. In the event ligible for such utility allowance.
6.14 Disability Program. EMPLOYEE agrees to pay the cost of membership in the CITY-approved short-term/ long-term disability insurance program. EMPLOYEE agrees that such premiums will be paid with after-tax dollars in order to maintain the tax-free benefit status to both the CITY and EMPLOYEE in the event benefits are paid. It is agreed between the Parties that in the event of disability, EMPLOYEE shall enjoy all the rights and privileges to which EMPLOYEE is entitled under state and federal law.
7.0 INDEMNIFICATION
To the extent mandated by the California Government Code, the CITY shall defend, hold harmless, and indemnify EMPLOYEE against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in t services under this AGREEMENT. This section shall not apply to any intentional tort or crime committed intentional or malicious conduct or gross negligence of EMPLOYEE.
8.0 OTHER TERMS CONDITIONS OF EMPLOYMENT
8.1 The City Manager, in consultation with EMPLOYEE, shall establish any such other terms and conditions of employment as it may determine from time to time, provided such terms do not exceed the maximum salary and benefits approved by the City Council and are reduced to writing and signed by EMPLOYEE and the City Manager.
9.0 GENERAL PROVISIONS
9.1 Entire AGREEMENT. This AGREEMENT represents the entire AGREEMENT and understanding between the Parties and supersedes any and all other agreements and understandings, either oral or in by the CITY and contains all of
the covenants and agreements between the Parties with respect to such employment. No ordinances or resolutions of CITY governing employment, including the Personnel System, shall apply unless specified herein. Each Party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either Party, or anyone acting on behalf of either Party, which are not embodied herein, and that no other agreement, statement or promises not contained in this AGREEMENT shall be valid or binding upon either Party.
9.2 Amendment. This AGREEMENT may be amended at any time by the mutual consent of the Parties by an instrument in writing, which amendment shall require City Council approval.
9.3 Notices. Any notice required or permitted by this AGREEMENT shall be in writing and shall be personally served or shall be sufficiently given when served upon the other Party as sent by United States Postal Service, postage prepaid and addressed as follows:
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To CITY: To EMPLOYEE:
City Manager Lisa Rossi
City of Banning [On file with Human Resources Dept.]
P.O. Box 998
Banning, California 92220
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.
9.4 Conflicts Prohibited. During the term of this AGREEMENT, EMPLOYEE shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be ties under this AGREEMENT.
EMPLOYEE shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1126 of the Government Code, and all other similar statutory and administrative rules.
9.5 Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this AGREEMENT by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
9.6 Partial Invalidity. If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
9.7 Governing Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each Party hereto.
9.8 Government Code §§ 53243 - 53243.4. Assembly Bill 1344, which was subsequently enacted as Government Code §§ 53243 - 53243.4, sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. These statutes also require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of his office or position to provide reimbursement to the local agency. These statutes are incorporated herein by reference. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this AGREEMENT and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are called out and hereby incorporated by this AGREEMENT:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
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§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
§53243.3. Reimbursement of non-contractual payments upon conviction or crime involving office or position.
EMPLOYEE represents that EMPLOYEE has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to EMPLOYEE, including that EMPLOYEE agrees that any cash settlement or severance related to a termination that EMPLOYEE may receive from the CITY shall be fully reimbursed to the local agency if EMPLOYEE is convicted of a crime
9.9 Independent Legal Advice. The CITY and EMPLOYEE represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this AGREEMENT, or had the opportunity to do so, and the CITY and EMPLOYEE further represent and warrant that each has carefully reviewed this entire AGREEMENT and that each and every term thereof is understood and that the terms of this AGREEMENT are contractual and not a mere recital. This AGREEMENT shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.
IN WITNESS WHEREOF, the City of Banning has caused this AGREEMENT to be signed and executed on its behalf by its City Manager, and duly attested by its officers thereunto duly authorized, and EMPLOYEE has signed and executed this AGREEMENT.
CITY OF BANNING EMPLOYEE
Art Vela, Interim City Manager
APPROVED AS TO FORM:
Lisa Rossi
John Pinkey, City Attorney
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JOB DESCRIPTION
TITLE: Human Resources Director JOB CODE: 1210
DEPARTMENT: Human Resources & Risk Management EFFECTIVE DATE: 07/21/2004 ; updated 07/08/2025
REPORTS TO: City Manager FLSA STATUS: Exempt
SUPERVISES: Human Resources Manager, Senior Human
Resources Generalist, Human Resources Generalist &
Risk & Safety Analyst
UNION STATUS: Unrepresented,
Executive
SALARY: D02
JOB PURPOSE/SUMMARY
Under general direction of the City Manager, the Human Resources Director plans, organizes, manages, continuously improves, and provides administrative direction and oversight for the City’s human resources functions including labor relations, learning and development, recruitment, classification and compensation, benefits administration, employee performance evaluation, employee engagement and recognition, safety and regulatory compliance, and risk management, including the City’s insurance, loss control and benefits programs. The Director supervises a team of four and also serves as an individual contributor. The incumbent is designated as confidential and shall be appointed “at-will” and serve at the pleasure of the City Manager.
ABOUT THE CITY OF BANNING
The City of Banning is located in the San Gorgonio Pass area of Southern California. The community of over 30,000 people is diverse with income levels slightly lower than other areas of Riverside County. However, growth and development is occurring rapidly, which will create new jobs, increase the population and raise income levels. Our employees are the most important asset in preserving our Proud History, Creating a Prosperous Tomorrow, and in responding to the community’s needs. The City provides competitive salaries, outstanding benefits and professional growth opportunities.
CITY VISION
The City of Banning promotes and supports a high quality of life that ensures a safe and friendly environment, fosters new opportunities and provides responsible, fair treatment to all and is the pride of its citizens.
CORE VALUES
Customer Service Excellence: We excel in what we do by staying responsive, flexible, patient, effective, and professional.
Integrity: We are ethical, accountable and compliant with our responsibility to the public and community.
Teamwork: We work together and maintain great communication and respect and foster a fun and enjoyable atmosphere to take pleasure in what we do.
Yes-Minded: We recognize diversity and maintain a positive attitude to do all we can to serve the community in the safest and most responsible manner.
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PERFORMANCE EXPECTATIONS
• Leadership: Contributes to a positive work culture consistent with the City of Banning Leadership Philosophy, actively welcomes new approaches to public service and supports change and process improvements at all levels within the organization. • Management: Able to independently assess and organize personal work performance while contributing to the overall organization.
• Teamwork: Demonstrates ability and willingness to work collaboratively with a team. • Communication: Communicates effectively with peers, supervisors, subordinates, and individuals to who service is provided.
ESSENTIAL FUNCTIONS
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification. Shown are duties intended to provide a representative summary of the major duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific duties.
REPRESENTATIVE DUTIES:
Administers Memorandums of Understanding (MOU’s) and interacts with employee representatives and staff to interpret and explain provisions of the MOU terms within the context of Human Resources law.
Represents the City in labor relations, negotiates labor contracts and ensures negotiated settlements are reduced to writing and incorporated into agreements. Researches procedures, methods and legislation relative to public employer-employee negotiations. Develops recommendations for appropriate procedure and emphasis on negotiations. Counsels and advises managers and supervisors on issues governed by the collective bargaining agreements.
Oversees the operations of the Human Resources Department including recruitment/retention, drug testing, employee orientation and benefit administration. Reviews and evaluates the procedures and methods used in Human Resources relative to effective utilization of resources and compliance with state and Federal regulations. Develops, updates and administers personnel rules and administrative policies. Trains, supervises and evaluates performance of subordinate staff. Researches and resolves grievances and suggests disciplinary actions. Assists departments in personnel administration through interpretation, explanation and consultation of Human Resources management provision of laws, rules, policies and procedures. Conducts investigations related to policy violations and handles a variety of confidential issues. Performs critical personnel analysis and recommends solutions to complex issues and problems. Oversees Risk Management for the City, reviews and evaluates claims filed against the City to determine liability and potential settlement.
Processes claims against responsible parties to obtain restitution and recovery. Manages workers’ compensation, outside legal issues and litigation costs for claims. Develops and monitors budget for payment of liability and workers’ compensation claims retained within the self-insured retention, including payments to vendors. Establishes general liability and workers’ compensation premium deposit rates and dividends based on recommendations and City policy.
Purchases commercial insurance products for property, special events and employment practices. Performs other duties as assigned or required. Other duties as assigned.
KNOWLEDGE OF:
City, county, state and Federal statutes, rules, regulations, ordinances, codes, administrative orders and other operational guidelines and directives.
City's and the Department's policies and procedures.
Management and/or supervision principles.
Human resources practices and principles.
Workers’ compensation claim processes, methods and procedures. 189
Personnel, employee relations, workers’ compensation and benefit practices and principles. Structure, organization and interrelationships of City departments, agencies and related governmental agencies and offices affecting assigned functions. Current social, political and economic trends and operating problems of municipal government. Organizational and management practices as applied to the analysis and evaluation of programs, policies and operational needs.
Rules and regulations governing public meetings.
Sources of information related to a broad range of municipal programs, services and administration. Program and project management techniques and principles. Research methods and report preparation and presentation. Management practices in a union environment.
Correct English usage, grammar, spelling, punctuation and vocabulary.
ABILITY TO:
Reading, understanding, interpreting and applying relevant city, county, state and Federal statutes, rules, regulations, ordinances, codes, administrative orders, policies and procedures and other operational guidelines and directives.
Assessing and prioritizing multiple tasks, projects and/or demands. Working within deadlines to complete projects and assignments. Establishing and maintaining effective working relations with co-workers, staff, vendors, contractors, visitors, the general public and others having business with the City of Banning. Develop short- and long-range goals, and plan, assign, coordinate and evaluate the work of subordinates.
Analyze issues, evaluate alternatives and make logical recommendations based on findings. Administer program goals and objectives; implement initiatives and recommendations in support of department and City goals.
Foster cooperative group processes and efficiently use resources; delegate tasks and workload assignments.
Develop and monitor departmental and program/project operating budgets, costs and schedules. Assess and prioritize multiple tasks, projects and demands. Supervise, lead, coach and use best management practices to improve staff performance. Effectively administer a variety of city-wide programs. Interpret and apply city policies, procedures, laws and regulations. Support and model the identified vision, values and behaviors of the organization. Establish and maintain effective working relationships. Operate a personal computer utilizing a variety of standard and specialized software. Communicate effectively both orally and in writing.
PREFERRED QUALIFICATIONS
A bachelor’s degree in human resources management, business administration or a related field and seven (7) years of public sector human resources and risk management experience that includes five (5) years of management and/or supervision. A master’s degree in human resources, business or public administration is preferred.
LICENSE AND CERTIFICATION REQUIREMENTS
Valid California State driver’s license is required.
Must be bondable.
Successful completion of a pre-employment background check is required. Certification from SHRM-CP or SHRM-SCP highly preferred.
WORKING CONDITIONS
The regular work schedule is generally Monday through Friday, 8 am to 5 pm. Work is primarily performed in an office which is busy, oriented to public service and subject to occasional work interruptions. Noise level is moderate. Frequent attendance at meetings before or after regular work hours is required.
PHYSICAL REQUIREMENTS
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Continuous repetitive arm/hand movement is essential to performance. The incumbent in this position must be able to discern voice conversation, have the physical ability to perform essential job functions, and have hand-eye coordination sufficient to operate computers, do keyboarding and operate other office equipment. The incumbent must have the ability to produce legible handwritten documents and may need to push, pull, lift and carry up to 20 pounds.
The City of Banning is an equal opportunity employer. All employees and candidates for employment will be recruited, selected, trained, promoted, compensated and, if necessary, disciplined or terminated without regard to sex/gender, race, national origin, religion, creed, color, marital status, veteran status, age, national origin, pregnancy, sexual orientation, gender identity, disability, genetic information or any other basis prohibited by law.
While requirements may be representative of minimum levels of knowledge, skills and abilities to perform this job successfully, the incumbent will possess the abilities or aptitudes to perform each duty proficiently. This job description does not constitute an employment agreement between the Employer and Employee and is subject to change as the needs of the Employer and requirements of the job change. 191
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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: December 9, 2025
SUBJECT: Consideration of Resolution 2025-169, Amending the Classification and Compensation Plan, Position Reclassification (Public Safety Dispatch Supervisor)
RECOMMENDATION:
Adopt Resolution 2025-169.
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:
Police Department - Dispatch
During the June 25, 2024 City Council meeting, approval was granted to reclassify the Public Safety Dispatch Supervisor position by adjusting the salary and changing the position to a classified, exempt management status. This action included increasing the salary grade from G66 to T79.
After further review and internal discussions, staff now recommends reclassifying the approved Public Safety Dispatch Supervisor position to an hourly Supervisor position, with a salary grade adjustment from T79 to G70. This revised salary grade aligns the position with other supervisor roles in the IBEW General Unit.
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The Public Safety Dispatch Supervisor is a supervisory classification that reports directly to and supports the Police Administrative Sergeant. Changing the position from exempt management to hourly supervisory status will better reflect its current responsibilities and provide the appropriate administrative support for the department.
The job description for the Public Safety Dispatch Supervisor is included with the agenda item.
FISCAL IMPACT:
Fiscal Impact – Funding from General Fund (Police Department budget) Position/Range
Proposed Salary
Range
Current Salary Range
Proposed Base Wage
Difference (min-max)
Public Safety Dispatch
Supervisor / G70
$76,790.00 to
$103,887.46
$76,790.00 to
$103,887.46
Public Safety Dispatch
Supervisor / T79
$97,799.00 to
$132,310.22
$(21,009.00) to
$(28,422.76)
Total Annual Fiscal Impact (saving)
$(55,781.00) to
$(76,464.70)
ALTERNATIVES:
Do not adopt Resolution 2025-169 and provide alternative direction to staff.
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Consideration of Resolution 2025-169, Amending the Classification & Compensation Plan.doc
2. Public Safety Dispatcher Supervisor.doc
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Resolution 2025-169
RESOLUTION 2025-169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
AMENDING THE CLASSIFICATION & COMPENSATION PLAN FOR THE CITY OF
BANNING
WHEREAS, it is necessary to amend the City’s Classification & Compensation Plan from time to time to maintain a current plan that reflects the nature of work, organizational structure, or otherwise; and
WHEREAS, changes to job descriptions, job titles, and/or pay ranges require City Council approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. That the City Council approve the following position control changes to the effective Fiscal Year 2025-2026 classification and compensation plan:
Reclassify Public Safety Dispatch Supervisor – T79 (Police Group) 1 Public Safety Dispatch Supervisor – G70 (Police Group) 1 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 9th day of December 2025.
Mayor
City of Banning
ATTEST:
Sandra Calderon,
Acting Deputy City Clerk
City of Banning
201
Resolution 2025-169
APPROVED AS TO FORM:
John Pinkey, City Attorney
SBEMP
202
Resolution 2025-169
CERTIFICATION:
I, Sandra Calderon, Acting Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-169, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of December 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon,
Acting Deputy City Clerk
City of Banning, California
203
Resolution 2025-169
Exhibit A
Job Description
204
Resolution 202
5-169
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1 JOB DESCRIPTION
TITLE: Public Safety Dispatcher Supervisor JOB CODE: 2143 DEPARTMENT: Police FLSA STATUS: Non-Exempt
REPORTS TO: POLICE SERGEANT/POLICE LIEUTENANT UNION STATUS: Represented SUPERVISES: Public Safety Dispatcher I/II EFFECTIVE DATE: 08/08/2012 SALARY: G70 REVISED DATE: 12/09/2025
JOB PURPOSE/SUMMARY
Under general supervision, performs duties associated with receiving emergency and non-emergency calls for Police service and dispatching appropriate units to assist the public.
PERFORMANCE EXPECTATIONS
Management: Able to independently assess and organize personal work performance while contributing to the overall organization.
Teamwork: Demonstrates ability and willingness to work collaboratively with a team. Communication: Communicates effectively with peers, supervisors, subordinates, and individuals to who service is provided.
ABOUT THE CITY OF BANNING
The City of Banning is located in the San Gorgonio Pass area of Southern California. The community of over 30,000 people is diverse with income levels slightly lower than other areas of Riverside County. However, growth and development is occurring rapidly, which will create new jobs, increase the population and raise income levels. Our employees are the most important asset in preserving our Proud History, Creating a Prosperous Tomorrow, and in responding to the community’s needs. The City provides competitive salaries, outstanding benefits and professional growth opportunities.
CITY VISION
The City of Banning promotes and supports a high quality of life that ensures a safe and friendly environment, fosters new opportunities and provides responsible, fair treatment to all and is the pride of its citizens.
CORE VALUES
Customer Service Excellence: We excel in what we do by staying responsive, flexible, patient, effective, and professional.
Integrity: We are ethical, accountable and compliant with our responsibility to the public and community.
Teamwork: We work together and maintain great communication and respect and foster a fun and enjoyable atmosphere to take pleasure in what we do.
Yes-Minded: We recognize diversity and maintain a positive attitude to do all we can to serve the community in the safest and most responsible manner.
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2 ESSENTIAL FUNCTIONS
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification. Shown are duties intended to provide a representative summary of the major duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific duties.
REPRESENTATIVE DUTIES: Depending on the area of the assignment, duties may include, but are not limited to the following:
Provides day-to-day direction of the work of the public safety dispatch section. Assists in the development and implementation of goals, objectives, policies, procedures and work standards for the section.
Provides training and development of assigned staff.
Provides technical assistance for staff in resolving difficult phone, dispatch problems; prepares and maintains a variety of written and computerized reports, including worksheets, incident reports and equipment maintenance and repair requests.
Provides information to the public or to City staff which may require the use of judgment and the interpretation of policies, rules and procedures and laws governing access to police records. Ensures that confidentiality is maintained regarding police records in accordance with current statutes and court decisions.
Recommends special work required or necessary maintenance on telecommunication and other equipment and coordinates work schedules with section requirements. Coordinates telecommunications work with other City departments and outside agencies. Participates in the selection and evaluation of staff; ensures that Departmental and section guidelines are followed in the dispatch of Police Officers.
Provides court testimony related to section records and 911 voice tapes as required. Personally performs telecommunications, dispatch as required.
KNOWLEDGE OF:
Knowledge of applicable City, County, State and Federal statutes, rules, regulations, ordinances, codes, administrative orders and other operational guidelines and directives. Knowledge of the procedures and terminology used in 911 police and emergency radio and telephone communications.
Knowledge of the principles and practices of employee supervision, including work planning and scheduling, training, evaluation, and discipline.
Skill in reading, understanding, interpreting and applying relevant City, County, State and Federal statutes, rules, regulations, ordinances, codes, administrative orders, policies and procedures and other operational guidelines and directives.
Skill in assessing and prioritizing multiple tasks, projects and/or demands. Skill in establishing and maintaining effective working relations with co-workers, staff, vendors, contractors, visitors, the general public and others having business with the City of Banning. Skill in operating telecommunications center equipment including radios, pagers, computer and related systems.
Skill in organizing, assigning, reviewing, directing, and evaluating the work of assigned staff. Skill in remaining calm and exercising sound independent judgement and decision-making in daily work activities and emergency situations.
Skill in communicating tactfully with the public and others encountered in the course of work. Skill in maintaining accurate records and preparing clear and concise written materials. Skill in training and evaluating dispatchers.
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3 MINIMUM QUALIFICATIONS
A high school diploma or GED AND five (5) years of police dispatch experience with possession of a P.O.S.T certification in public safety communications. Must have at least two (2) years experience as a Communications Training Officer or equivalent.
PREFERRED QUALIFICATIONS
Emergency services dispatching experience, or experience, paid or volunteer, in a law enforcement agency, or completion of a POST Dispatcher training course, or courses in Administration of Justice and/or Criminal Justice is PREFERRED.
LICENSE AND CERTIFICATION REQUIREMENTS
Must successfully complete a comprehensive background investigation, including a polygraph exam and psychological evaluation.
Must have at the time of application, or be able to obtain within twelve (12) months from hire date and maintain, a State of California Police Officer Standards and Training (POST) Dispatcher Certificate.
WORKING CONDITIONS
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodation may be made to enable individuals with disabilities to perform the essential functions.
Must be available to work a varying schedule including weekends, weekdays, evenings and holidays (hours and days are adjusted as needed by the Department). Occasional attendance before or after regular work hours may be required. Work is primarily performed in an office which is busy, oriented to public service and subject to occasional work interruptions. Noise level in the work environment is usually quiet while in the office and moderately loud when in the field.
PHYSICAL REQUIREMENTS
The physical demands described here represent those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodation may be made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this classification, an incumbent is regularly required to use hands and fingers to handle and/or feel. The employee is frequently required to talk, hear, and to sit and reach with hands and arms.
The employee is occasionally required to walk, climb or balance and stoop, kneel or crouch. The employee must regularly lift and or move up to twenty (20) pounds. Specific vision abilities required by this position include close vision, distance vision, color vision, peripheral vision, depth perception and the ability to adjust focus.
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.
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4 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. 209
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: David Newell, Community Development Director MEETING DATE: December 9, 2025
SUBJECT: Consideration of Resolution 2025-170, Authorizing Five Professional Service Agreements for On-call Environmental Services for Current and Future Public and Private Projects with the Following Firms: The Altum Group, Dudek, LSA Associates, MNS Engineers, Inc. and Ruth Villalobos & Associates.
RECOMMENDATION:
Adopt Resolution 2025-170.
BACKGROUND:
The Community Development Department requires as-needed, on-call environmental services related to the City's compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), as applicable, for a variety of current and future private development projects. The Department continues to receive several entitlement applications that have required staff review of technical environmental documents requiring specialized knowledge and expertise to ensure the City is in compliance with environmental laws. The is also a need to retain environmental consultants as needed for public projects. By entering into a multi-year on-call agreement with multiple firms, the Department will have better ability to efficiently and effectively procure and schedule the required environmental documents for private and public development projects.
The City issued a Request for Proposals (RFP 24-096) to solicit on-call services and received 10 proposals from the following firms:
Albert A Webb & Associates
The Altum Group
Dudek
Kimley Horn
LSA Associates
MNS Engineers
MSA
PlaceWorks
Ruth Villalobos & Associates
Willdan
Following a careful review of the proposals by a selection committee, there was consensus that the following five (5) firms should be recommended for contract award: The Altum Group, Dudek, LSA Associates, MNS Engineers, Inc. and Ruth Villalobos & Associates. The breadth of experience and capacity of the firms will provide the department with the flexibility it needs to assign projects appropriately and quickly to ensure the timely processing of development projects. 210
Attached to the draft resolution is a template professional services agreement that would be used to enter into contract with each firm if approved by Council.
JUSTIFICATION:
This process of using qualified independent environmental review assists in furthering the following goals:
Provide expert, unbiased environmental analysis of development projects to decision makers. The private consulting firms are available to support and defend their work if challenged.
Augment staff time so that staff members can work on staff reports, assist customers, and work on council-directed projects.
Provide environmental review at no cost to the City for private development projects. While the consultants are retained by and report to the City, the cost for the consulting work is paid by the applicant.
Reduces costs to the applicant by eliminating the need for "peer review" of environmental work prepared directly by the applicant.
FISCAL IMPACT:
With on-call agreements, it is difficult to know the specific amounts needed due to the services provided on an as-needed basis and dependent on development activity in the City. The scope of services required by this Agreement will vary and be dependent on the number and type of public and private development projects requiring environmental review. As the need arises, staff will request a specific proposal from a firm, or firms, for each development project as appropriate for the services required. The proposal must conform to the rates and requirements of the on-call agreements.
The project applicant will be responsible for the costs of the environmental services for private development applications. After receiving proposals for the firms, staff would select one firm and notify the project applicant of the cost to provide the service. The applicant would remit payment to the City and said payment would be placed in a deposit account for covering consultant costs as invoiced. The user fee study proposes a 15% cost that would be added to the payment required by the applicant for the city to cover its administrative costs to oversee the work and review the consultant deliverables.
Any public project that is not paid by the project applicant would require verifying available budget from the respective department, and require a future Council appropriation if funds are not available.
ALTERNATIVES:
Provide alternative direction to staff.
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
1. CC Resolution 2025-170 - On-call Environmental Services Agreements
2. Professional Service Agreement Template - On-Call CEQA Services
3. Altum Group Proposal
4. Dudek Proposal
5. LSA Proposal
6. MNS Engineers Proposal
211
7. Ruth Villalobos & Assoc Proposal
212
Resolution 2025-170
RESOLUTION 2025-170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING FIVE PROFESSIONAL SERVICES AGREEMENTS WITH THE ALTUM GROUP,
DUDEK, LSA ASSOCIATES, MNS ENGINEERS AND RUTH VILLALOBOS & ASSOCIATES
FOR ON-CALL ENVIRONMENTAL SERVICES FOR CURRENT AND FUTURE PUBLIC AND PRIVATE PROJECTS FOR AN INITIAL TERM THROUGH DECEMBER 31, 2028 WITH OPTIONS FOR EXTENSIONS.
WHEREAS, the City of Banning, CA (“City”) Community Development Department (“Department”), manages the land use entitlement and construction permitting process for development in the City, including new projects that require compliance with state and federal environmental laws; and
WHEREAS, the City has that there is a need for as-needed, “on-call” environmental services for a variety of future private and public sector projects (hereinafter the “Project”) to ensure the City remains compliant with state and federal laws; and WHEREAS, the City issued a Request for Proposals (RFP 24-096) to solicit on-call services and received 10 proposals; and
WHEREAS, following a careful review of the proposals submitted by a selection committee under RFP 24-096, there was consensus that the following five (5) firms should be recommended for contract award: The Altum Group, Dudek, LSA Associates, MNS Engineers, Inc. and Ruth Villalobos & Associates (“Selected Firms”); and WHEREAS, on December 9, 2025, the City Council considered the five Professional Service Agreements for the Selected Firms at a public meeting; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves the five Professional Services Agreements with the following firms:
a. The Altum Group
b. Dudek
c. LSA Associates, Inc
d. MNS Engineers, Inc.
e. Ruth Villalobos & Associates, Inc.
The total contract amount for all firms shall not exceed $1,000,000 annually (with amounts for each firm determined by staff) for a three-year period through December 31, 2028, with from the date approved by the City Council, with an option of two (2) one year extensions.
SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Professional Services Agreements and to execute the Agreements with the Selected Firms 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. 213
Resolution 2025-170
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 9th day of December, 2025. , Mayor
City of Banning
ATTEST:
Sandra B. Calderon, Deputy City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
214
Resolution 2025-170
CERTIFICATION:
I, Sandra B. Calderon, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-170, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of December, 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra B. Calderon, Deputy City Clerk
City of Banning, California
215
Resolution 2025-170
EXHIBIT A
Professional Service Agreements
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AGREEMENT FOR PROFESSIONAL SERVICES (C00###) FOR ONCALL CEQA/NEPA SERVICES BY AND BETWEEN CITY OF BANNING
AND ENTER COMPANY NAME
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 Enter Consultant Name, a California Corporation, Limited Liability Company, (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought by a Request for a Proposal (RFP 24-096) for the performance of the services for On-Call CEQA/NEPA Services and as further defined and described particularly in Article 1 of this Agreement.
B. City has awarded agreements to five (5) consultants pursuant to RFP 24-096 for On-Call CEQA/NEPA Services. City has established an annual budget of One Million Dollars ($1,000,000) to compensate all five awarded consultants collectively for services performed under their respective agreements.
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 217
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for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contract Documents and Exhibits.
This Agreement includes the Request for Proposal and Consultant’s accepted proposal (“Contract Documents”), both of which are on file with the City and incorporated herein by this general reference as though fully set forth herein. Exhibit A (Scope of Services), Exhibit B (Special Requirements), Exhibit C (Schedule of Compensation), and Exhibit D (Schedule of Performance) also constitute a part of this Agreement and are incorporated into this Agreement by this reference. Except as set forth in Section 1.10 regarding Exhibit B, this Agreement controls over the Contract Documents and the provisions in Exhibits A, B and C.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered, and shall render all Services hereunder in accordance therewith.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain and maintain during the term of this Agreement, at its sole cost and expense, all necessary licenses, permits, certificates and approvals required by law for the performance of Services under this Agreement, including a City business license. Consultant shall have the sole obligation to pay for all fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for Consultant’s performance of the Services required by this Agreement. Consultant shall indemnify, defend and hold harmless City, its officers, employees or agents, against all such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Services.
By executing this Agreement, Consultant warrants that Consultant: (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer (defined in Section 1.12. A). 218
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1.6 Prevention of Loss and Damages.
Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonable necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible to perform the Services of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services or to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Consultant, which written order incorporates therein an adjustment in (i) the Contract Sum (as defined in Section
2.1), and/or (ii) the Schedule of Performance, (as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum, or $25,000, whichever is less; or in the Schedule of Performance of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
1.9 Facilities and Equipment.
Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as City deems, in its sole discretion, to be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities. 219
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1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.
1.11 Corrections.
In addition to the indemnification obligations set forth in Article 4, and Sections 1.4, 1.13,
5.3, 5.4, and 6.3, Consultant shall correct, at its expense, all errors in the Services which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction(s) in a reasonably timely manner, such correction(s) may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction(s) from any retention amount held by City, or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction(s), as provided in Section 6.3.
1.12 Party Representatives.
A. Contract Officer: For the purposes of this Agreement, the Contract Officer shall be the City Manager, or such other person designated in writing by the City Manager (“Contract Officer”). Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.
B. Principals and Personnel of Consultant.
1) Consultant Representative: The following principal of Consultant is hereby designated as being the Consultant Representative authorized to act on Consultant’s behalf regarding the Services specified herein and make all decisions in connection therewith:
Name Title
[Name] [Title]
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. 220
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2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement.
Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.
1.13 Independent Contractor.
A. Consultant is an independent contractor and not an employee of City.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. All Services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services. Any additional personnel performing Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
B. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
1.14 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, the Consultant Representative and employees were a substantial inducement for City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 221
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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. This Agreement does not establish a not-to-exceed Contract Sum for Consultant; instead, compensation shall be limited only by (i) the hourly rates in Exhibit C, (ii) the availability of funds within the City’s annual budget allocated for all contractors awarded under RFP 24- 096, and (iii) written task orders or authorizations issued by the City. All Services must be authorized in advance in writing by the 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.
2.1.1 City’s Annual Budget Limitation and Budget-Exhaustion Notice.
A. Annual Budget Limitation. The Parties acknowledge and agree that the Consultant is one of five (5) firms awarded a contract pursuant to RFP 24-096 for On-Call CEQA/NEPA Services. The City has established an annual, fiscal-year budget of One Million Dollars ($1,000,000) in total to compensate all five (5) firms collectively for services performed under their respective agreements. Payment to Consultant for services under this Agreement is subject to the availability of funds within this annual shared budget.
B. No Guarantee of Work or Allocation. Consultant understands and agrees that the City does not guarantee the Consultant any minimum amount of work or compensation under this Agreement. The City has sole discretion to distribute work among the five awarded firms, and the total compensation shall not exceed the total annual budget identified above.
C. Notice of Budget Exhaustion. The City shall provide written notice to Consultant in the event the annual Citywide budget for On-Call CEQA/NEPA Services is exhausted. Upon 222
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the Consultant’s receipt of such notice, the City shall have no obligation to issue new task orders, authorize additional services, or make payment for any services performed after the date of such notice, unless and until additional funds are appropriated by the City in accordance with applicable law.
D. For clarity, nothing in this Agreement shall be construed as an appropriation or commitment by the City to expend the entire annual budget described in Section 2.1.1, nor as a guarantee that any portion of such budget will be used for Services under this Agreement.
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.
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 223
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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 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 December 31, 2028 with an option of two (2) one year extensions, unless sooner terminated as provided in Article 6 224
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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.
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.
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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.
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 226
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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 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. 227
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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.
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 228
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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 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. 229
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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.
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 230
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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 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 231
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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 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.
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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.
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 233
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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: David Newll
Community Development Director
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: John Pinkney, City Attorney
Slovak Baron Empey Murphy & Pinkney LLP
74774 CA-111
Indian Wells, CA 92210
Email: [email protected]
If to Consultant: Attn: [Name]
[Title]
[Company Name]
[Street Address]
[City, State, Zip]
Email: [Email Address]
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. 234
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8.4 Integration; Amendment.
This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
8.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
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 235
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information provided and/or Services performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the Services prepared by Consultant, its employees, sub-contractors and agents.
8.9 Non-Appropriation of Funds.
Payments to be made to Consultant by City for Services performed within the current fiscal year which are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
8.10 Headings.
The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
8.11 Word Usage.
Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
8.12 Business Days.
“Business Days” refers to days that the Banning City Hall is open for business.
8.13 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver 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.
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[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
Intermin 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
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.
238
Exhibit “A”-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing OnCall CEQA/NEPA Services prepared in connection therewith:
II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
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. 239
Exhibit “B”-1
11303-0008\2344655v8.doc
EXHIBIT “B”
SPECIAL REQUIREMENTS
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works,” Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
240
Exhibit “B”-2
11303-0008\2344655v8.doc
8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.
Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.
Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Date______________ Signature___________________________ 241
Exhibit “B”-3
11303-0008\2344655v8.doc
12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including, without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
242
Exhibit “C”-1
11303-0008\2344655v8.doc
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the following rates as attached as Exhibit C-1:
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services. 243
Exhibit “C-1”-1
11303-0008\2344655v8.doc
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
244
Exhibit “D”- 1
11303-0008\2344655v8.doc
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with the schedule attached as Exhibit D-1.
II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
245
Exhibit “C-1”- 4
11303-0008\2344655v8.doc
III.EXHIBIT “D-1”
PROPOSED PROJECT SCHEDULE
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PLANNING | ENGINEERING | SURVEY | ENVIRONMENTAL | URBAN DESIGN Request for Proposal 24-096
City of Banning
On-Call CEQA/NEPA Services
April 1, 2025
Prepared for:
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Prepared by:
The Altum Group
44-600 Village Court, Suite 100
Palm Desert, CA 92260
247
44-600 Village Court
Suite 100
Palm Desert, CA 92260
(760) 346-4750
www.thealtumgroup.com
April 1st, 2025
Barbara Mason
Purchasing Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Subject: Request for Proposal #24-096 – On-Call CEQA/NEPA Services Dear Mrs. Mason,
The Altum Group is pleased to submit our qualifications to provide CEQA/NEPA Environmental Consulting Services for the City of Banning. With over 15 years of local experience in Riverside County, Altum specializes in environmental planning, CEQA/NEPA compliance, and regulatory approvals throughout the Coachella Valley and greater Riverside County. Altum understands the intent of scope and is familiar with the requested services, Altum currently provides On-Call Environmental services for the City of San Jacinto, City of Beaumont, City of Palm Springs, and City of Menifee. Altum has reviewed and understands all elements of the RFP.
Our team offers expertise in preparing environmental documents such as Initial Studies, Mitigated Negative Declarations, Environmental Impact Reports, and technical studies for geotechnical, air quality, biological resources, cultural resources, and traffic impact analysis. We have successfully assisted local agencies with environmental permitting, compliance monitoring, and mitigation implementation, including projects funded locally or federally, ensuring full adherence to both CEQA and NEPA requirements.
Altum is committed to delivering high-quality, timely, and cost-effective environmental services to the City of Banning. We look forward to the opportunity to support your projects and contribute to the City’s mission. We are willing to enter a contract upon agreeable terms and conditions prescribed in the City’s provided Sample Agreement. Please feel free to contact us at (760) 346- 4750 or [email protected] for questions regarding our qualifications.
Sincerely,
Stephen Nieto Rich Malacoff
Director Urban Planning + Land Development Principal Planner 248
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TABLE OF CONTENTS
A. Statement of Understanding and Approach ............................................................... 1 A.2 Implementation Plan .................................................................................................. 2 A.3 Project Timelines and Schedule................................................................................... 6 A.4 Roles & Responsibilities ............................................................................................... 6 B. Company Information ................................................................................................ 7 B.1 Firm Overview ............................................................................................................. 7 C Company Personnel ..................................................................................................... 8 C.1 Key Altum Staff Members ............................................................................................ 8 C.2 Subconsultants Firm Overview .................................................................................. 11 C.3 Subconsultant Key Staff Members ............................................................................ 15 C.4 Licensing Compliance Statement .............................................................................. 18 D. Disclosure Statement ................................................................................................ 18 E Experience and References ...................................................................................... 18 E.1 CEQA/NEPA Consulting Experience ........................................................................... 18 E.2 Recent Environmental Documents ............................................................................ 19 E.3 References ................................................................................................................. 21 Appendix
Example Project Schedule
Resumes
Hourly Rates
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A. STATEMENT OF UNDERSTANDING AND APPROACH
A.1 – Statement of Understanding
The Altum Group understands the City of Banning’s need for on-call environmental consulting services to ensure compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) for various private development projects. Our firm recognizes that the scope of work outlined in RFP 24-096 requires a comprehensive, efficient, and legally defensible approach to environmental review and documentation.
We acknowledge that our responsibilities under this contract will include, but are not limited to:
1. Preliminary Review
Conducting early-stage assessments to determine the appropriate level of CEQA/NEPA review for proposed projects.
Identifying whether a project qualifies for an exemption, negative declaration (ND), mitigated negative declaration (MND), or requires an Environmental Impact Report (EIR) or Environmental Impact Statement (EIS).
2. Preparation of Environmental Documents & Notices
Developing Initial Studies, NDs, MNDs, EIRs, Findings of No Significant Impact (FONSI), and other CEQA/NEPA-related documents.
Preparing all required public notices and filings, including Notices of Intent (NOI) and Notices of Determination (NOD), ensuring compliance with CEQA/NEPA regulations. Circulating NOI to all applicable parties as required by CEQA and NEPA.
3. Environmental Analysis & Findings
Conducting thorough environmental analyses to determine whether a project causes significant environmental effects.
Preparing comprehensive Environmental Impact Reports (EIRs) and Environmental Impact Statements (EISs) that meet all CEQA, NEPA, and City requirements. Identifying and analyzing significant impacts per CEQA and NEPA guidelines. Conducting a meaningful alternatives analysis with supporting data and impact comparisons.
Developing project-specific mitigation measures that are enforceable, reasonable, and tied to specific implementation timelines.
Applying sound reasoning and careful judgment in establishing thresholds of significance and making mandatory findings of significance.
Identifying and categorizing direct, indirect, and cumulative impacts while developing appropriate mitigation measures.
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4. Response to Public & Agency Comments
Reviewing and responding to public and agency comments during the environmental review process to ensure clarity and compliance.
Preparing revisions or clarifications to environmental documents as necessary to address stakeholder concerns.
5. Public Presentations & Hearings
Attending and presenting at Planning Commission and City Council meetings, as needed, to explain environmental findings and recommendations.
Providing expert testimony on environmental determinations, thresholds of significance, and mitigation measures.
Our firm is committed to providing the City of Banning with reliable, defensible, and high-quality environmental documentation that meets regulatory requirements and facilitates informed decision-making. We understand the importance of timely delivery, public transparency, and compliance with all applicable environmental laws and guidelines. Our experienced team is wellequipped to support the City with efficient, effective, and legally sound CEQA/NEPA services on an on-call basis.
A.2 – Implementation Plan
Our implementation plan follows a structured approach to ensure the efficient completion of CEQA/NEPA environmental reviews. Key Implementation Plan items are mentioned below.
Task Orders & Project Scoping
Upon receiving a task order from the City, Altum Group will initiate the project by conducting a comprehensive review of all relevant background information provided by the City and/or the project applicant. This initial review ensures a thorough understanding of the project scope, environmental setting, and regulatory requirements.
Following the review, Altum will develop a detailed scope of work and fee proposal that outlines:
Specific tasks required to complete the environmental analysis, including any necessary technical studies.
Project schedule, including key milestones, deadlines, and deliverables to ensure timely completion.
Critical path tasks, identifying dependencies and potential constraints to maintain project efficiency.
Coordination needs, specifying interactions with City staff, applicants, agencies, and stakeholders.
Budget and resource allocation, ensuring cost-effective management of tasks. 252
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Altum will then submit the scope and fee proposal to the City for review and approval. Upon approval, work will commence in accordance with the agreed-upon schedule, ensuring compliance with all CEQA/NEPA requirements and City expectations.
Proposed Method And Approach To CEQA/NEPA Documentation The selected consultant may be required to prepare Initial Studies, MNDs, EIRs and other CEQA/NEPA documents and notices, as necessary. Altum’s project team would use the following approach when selected for any CEQA/NEPA documentation assignment:
1. Altum’s project manager and deputy project manager would prepare for and attend a kickoff meeting with City staff, scheduling the meeting, preparing an agenda and related meeting notes.
2. Review design plans and existing information prepared for a proposed project.
3. Conduct preliminary environmental reviews to determine the appropriate CEQA and/or NEPA document(s) to be prepared. Note: Altum will review all materials provided by the City and determine the appropriate level of CEQA and/or NEPA analysis, and discuss our findings with City staff, prior to undertaking the preparation of a CEQA/NEPA document or any technical studies.
4. Based on the results of items 1-3, conduct field visits and prepare technical reports of environmental issues as needed, including but not limited to:
a. Biological Resources Assessments and Focused Surveys; b. Cultural Resources Assessments for both Archaeological, Paleontological Resources, and Historical Assessments performed by an Architectural Historian if structures are deemed to be potentially significant;
c. Traffic Impact Assessments for new projects that generate operational trips and Traffic Construction Management Plans for temporary detours or proposed haul routes; d. Air Quality/Greenhouse Gas/Health Risk Assessments;
e. Noise Assessments; and
f. Geotechnical Studies.
5. If required our project team will prepare permit applications and coordinate with regulatory agencies including but not limited to the Regional Water Quality Control Boards (RWQCB) (Colorado River Basin), South Coast Air Quality Management District (AQMD), US Fish and Wildlife Service, California Department of Fish and Wildlife, Army Corps of Engineers, Bureau of Land Management, or the Bureau of Reclamation. If required, Altum staff has experience working with Native American tribes and the Bureau of Indian Affairs.
6. Based on the project description and the findings of any technical studies prepared for the project, prepare CEQA or NEPA environmental documentation for proposed projects including:
a. CEQA Studies & Documents
i. Categorical Exemptions (CE) – prepare the project description, findings, and conclusions under CEQA, and prepare the Notice of Exemption. Altum will 253
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submit the Notice of Exemption to the Riverside County Clerk of the Board on behalf of the lead agency.
ii. IS/MND, or an Initial Study to focus on issues that would be addressed in an EIR – prepare detailed project description and analyze all impacts in Appendix G of the CEQA Guidelines compared to the existing conditions of the project site. Any required technical studies would be incorporated into the Initial Study.
iii. EIR – If a project is determined to have significant environmental impacts, Altum will prepare a Notice of Preparation (NOP) to be distributed as instructed by City Staff. Altum will prepare an EIR, covering all potential impacts in detail. The EIR will be prepared in compliance with CEQA Guidelines Section 15080 through 15097.
b. NEPA Studies & Documents
i. Categorical Exclusion (CATEX) – Used for projects that have no significant environmental impact and fit within pre-defined categories exempt from detailed review.
ii. Environmental Assessment (EA) – Evaluates whether a proposed project will have significant environmental effects; determines if further study (EIS) is needed or if a Finding of No Significant Impact (FONSI) can be issued. iii. Finding of No Significant Impact (FONSI) – Issued when an EA concludes that a project will not have significant environmental impacts, avoiding the need for an EIS.
iv. Environmental Impact Statement (EIS) – Required for projects expected to have significant environmental impacts; includes a detailed analysis of impacts, alternatives, and mitigation measures.
v. Record of Decision (ROD) – Issued after an EIS is completed, documenting the final decision, selected alternative, and mitigation commitments.
7. Attend regular meetings and/or conference calls with agency staff, attended by appropriate Altum project team members depending on the project and specific environmental issues.
8. Public Hearings. Altum team members may be asked to attend community meetings, Scoping Meetings, Planning Commission, or City Council public hearings. For these meetings we would assist by providing presentation materials, and if requested, would facilitate meetings.
Project Management & Controls
We will assign a dedicated Project Manager to oversee all tasks, maintain clear communication with the City, and ensure regulatory compliance. Our team will conduct preliminary site reviews, environmental analysis, and technical studies as needed. We will prepare environmental documentation (IS/MND, EIR, FONSI, etc.), public notices, and stakeholder engagement materials while ensuring adherence to timelines. Our adaptable staffing approach allows us to scale resources based on project needs, ensuring timely and cost-effective environmental documents. 254
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We provide excellent project management services, specifically for public agencies. Altum is dedicated to serving Clients in a manner that optimizes quality, provides expertise, excellent service and controls costs. We foster long term relationships and are committed to the success of each project. The accomplishments at Altum are largely attributed to having our project approach, management techniques, Quality Assurance/Quality Control (QA/QC), and our experienced professional project managers leading the team with a clear direction for each project. We have developed an effective, interactive approach with Client staff, project applicants, responsible agencies and the general public.
The Altum team is organized under a project manager who provides a centralized program for the project that is accountable for all aspects of work required. We will use our subcontract partners to augment our team as needed. Our Project Managers begin with the assignment of a task orders by the City and continue to provide oversight throughout project closeout. Our project management philosophy is founded on the fundamentals of communication, scheduling, and accountability. Each project is assigned staff specifically selected to meet the project needs. Our management approach includes project kickoff meetings and site visits, monthly progress meetings, weekly status update reports, preparation and tracking of the project schedule, written communications records of all meetings and conversations, tracking of key project milestones, and preparation of exhibits as needed for project meetings.
Altum’s Quality Control Program
Altum keeps projects on time and on budget. Altum’s quality control program is based on a company-wide sense of professionalism and dedication to excellence in everything we do. The preparation of project deliverables involves a continuous process of review at all levels to ensure accuracy, completeness, adherence to applicable standards of the governing agencies involved, and an overall high level of quality in our work product.
Altum and our team members are committed to our clients to deliver project documents whose quality meet or exceed the standards in the industry. For our team, quality is not just a priority, it is a core value. The QA/QC procedures will be prepared and implemented in accordance with our scope of work and will be consistent with company principles. The procedure will incorporate the approach of continuous review of products as they are developed and a series of formal review procedures enacted at preparation of major deliverables. The policies and procedures will provide documentation that deliverables meet all requirements of the scope of work. The review of deliverables needed to satisfy the QA/QC procedure is built into our proposed schedule.
QA/QC Goals
Quality Control is an ongoing deliberate process, planned and carried out by staff members performing design services. Quality Control is based on the belief that:
Quality Control should ensure that the work is done correctly the first time; Quality is achieved by focusing on preventing problems or errors rather than reacting to them;
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Quality is achieved by qualified individuals performing all work functions; Quality is achieved by providing proper training of staff and ensuring that all staff remain current on the knowledge and skills needed for their position utilizing ongoing in-house training;
Quality is controlled through planning, coordination, supervision, and technical direction; proper definition and a clear understanding of job requirements and procedures; and the use of appropriately skilled staff; and
Quality is verified through checking, reviewing, and monitoring of work activities, with documentation by experienced, qualified individuals who are not directly responsible for performing the work.
A.3 - Project Timelines & Schedule
We will develop a detailed project schedule for each City issue task order, below are expected timeframes for various phases during a CEQA/NEPA analysis. An example project schedule has been provided in the Appendix.
Preliminary Review & Scoping (2-4 weeks)
Environmental Analysis & Documentation (8-10 weeks for IS/MND; 9-12 months for
EIR/EIS)
Public Review & Comment Response (30-60 days, as required) Finalization of Environmental Documents (2-4 weeks)
We maintain scalable resource allocation, allowing us to adjust staffing based on project demand without affecting service quality or timeliness.
A.4 - Roles & Responsibilities
Altum Group and its subconsultants will be responsible for conducting all necessary environmental analyses, managing CEQA/NEPA compliance, addressing public and agency comments, and representing the City at public hearings and meetings. The City of Banning will provide project documents, review draft materials, and assist with stakeholder coordination.
Altum Group and Subconsultant Responsibilities:
Conduct all technical studies and environmental documentation, including but not limited to air quality, noise, traffic, biological resources, and cultural resources assessments. Manage CEQA/NEPA compliance, filings, and public noticing, ensuring that all required documentation is submitted in accordance with state and federal regulations. Address and respond to public comments and agency concerns, incorporating relevant feedback into environmental documents to improve clarity and legal defensibility. Represent the City at Planning Commission and City Council hearings, as well as public meetings and stakeholder workshops, to present findings and answer questions as needed. 256
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City of Banning Responsibilities:
Point of contact with project applicant.
Provide access to project files, plans, and relevant documents to facilitate environmental analysis and document preparation.
Review and approve draft documents and public notices before circulation to ensure alignment with City objectives and regulatory compliance. Assist in stakeholder coordination, including outreach to local agencies, community groups, and tribal representatives when necessary.
B. COMPANY INFORMATION
B.1 – Firm Overview
The Altum Group is a multidisciplinary consulting firm
with extensive expertise in environmental planning,
CEQA/NEPA compliance, GIS, civil engineering,
surveying, and project management. With over 15
years of experience serving public agencies throughout the Coachella Valley and Riverside County, we provide comprehensive environmental consulting services tailored to meet regulatory requirements and project objectives. Our team specializes in preparing environmental impact reports, initial studies, exemptions, technical analyses, and mitigation strategies to support sustainable development and infrastructure improvements.
Altum’s staff includes highly skilled environmental
planners, scientists, engineers, and GIS specialists
with a deep understanding of state and federal
environmental regulations. Our experience
encompasses a wide range of projects, including
wastewater infrastructure, resource management,
land development, and public works, ensuring
compliance with CEQA, NEPA, and other regulatory
frameworks. We are adept at coordinating with
local, regional, and state agencies to facilitate
efficient project approvals while minimizing
environmental impacts.
We offer a strong track record in managing environmental review processes for private development, ensuring timely and cost-effective compliance. Our firm is equipped to support the City’s ongoing and future projects by delivering thorough environmental documentation, permitting assistance, and regulatory coordination. We are committed to providing high-quality, responsive, and solutions-oriented environmental consulting services to help the City of Banning achieve its goals efficiently and responsibly.
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We appreciate the opportunity to submit our qualifications and look forward to the possibility of collaborating with the City of Banning to facilitate environmentally responsible development projects.
Why Altum?
The answer is rooted in our values, experience, and willingness to go the extra mile to make sure your project receives the best possible service and attention. The Altum Team is a dedicated team of professionals and we have the experience to perform the tasks necessary to assure successful project analysis. The Altum Team has adequate professional staff who will be assigned to each project based on the project needs and said staff will be dedicated to the project through completion. The Altum Team has an excellent reputation for success and professionalism as can be attested by our references offered in this proposal. The Altum Team believes in providing outstanding service to the best clients on the best projects. We begin with the end goal in mind.
Team of Experts
Local Knowledge
300+ Projects
Served
700 years of
Combined
Experience
Solid Reputation
Focus on Client
Success
Creative Solutions
Collaborative
Approaches
High Quality
Deliverables
Outstanding
Services
Timely Project
Completion
The Altum Group
Year Founded 2009
Type S Corporation (CA)
Offices Headquarters – Palm Desert, CA
Staff 17 Employees
C. COMPANY PERSONNEL
C.1 - Key Altum Staff Members
We have included a robust project team that is adequately staffed and trained to successfully complete any CEQA/NEPA environmental assignments. Shortened staff biographies are shown below, full biographies are included in the appendices. 258
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Stephen Nieto, MA - Director of Urban Design + Land Development Role: Proposal and Contract Manager
Email: [email protected]
Phone Number: 760-346-4750
As a land development professional, Stephen has a strong background in entitlements, CEQA, and regulatory approvals. He has successfully navigated complex land use, environmental review, and permitting processes, guiding projects through environmental assessments, agency negotiations, and discretionary approvals.
His ability to balance regulatory requirements, stakeholder coordination, and development objectives ensures efficient project execution.
Stephen earned a Master’s degree in Architecture & Urban Design from UCLA in 2009 and has since worked with leading Los Angeles-based design firms, including AECOM and Gensler. In 2017, he joined South West Concepts, a La Quinta-based architecture firm, as a senior designer and project manager for multi-family, retail, and commercial projects. In 2019, he was appointed to the Planning Commission for the City of La Quinta, and in 2020, he joined The Altum Group, where he leads the firm’s Urban Design, Planning, and Environmental practice.
Rich Malacoff, AICP - Principal Planner
Role: Project Manager & Environmental Planner
Email: [email protected]
Phone Number: 760-346-4750
Mr. Malacoff has over 30 years of experience in land use planning and environmental impact analysis in Southern California. He brings a high level of planning and design knowledge and understanding to the project team through his work for the Cities of Redlands, Cathedral City, Desert Hot Springs, and the Caltrans District 08 Planning Department. Mr. Malacoff uses his municipal experience to ensure projects are processed correctly and expeditiously. At Altum he oversees Planning and Entitlement assignments for private development clients and works as the go-between for City inquiries. In addition, he has provided contract planning services to the City of Redlands at various times based on his ability to understand the City and provide excellent customer service. Mr. Malacoff possesses a high level of CEQA knowledge and understanding through his work providing oversight for CEQA documents, his assistance with review of developer-provided studies, and his development of mitigation monitoring and reporting programs. He managed major projects including institutional, residential, commercial, and industrial developments for several Inland Empire cities. His most recent municipal experience includes work on the Two Bunch Palms Specific Plan EIR Addendum and Desert Land Ventures Specific Plan EIR for the City of Desert Hot Springs, and the Dutch Bros 259
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Coffee IS/MND and Church at the Red Door Specific Plan IS/MND for the City of Indio.
Shellie m. Zias-Roe, PH.D., AICP-CEP – Senior Environmental Planner
Role: QA/QC
Email: [email protected]
Phone Number: 760-346-4750
Mrs. Zias-Roe has over 14 years of experience in environmental policy, CEQA/NEPA documentation, management, and sustainable development.
She excels in forging partnerships with federal, state, and local resource agencies and preparing data-driven regulatory reports and permits. Currently an Assistant Professor at the University of Redlands, Mrs. Zias-Roe has also served as an Environmental Planner for the County of San Bernardino. With vast knowledge in environmental planning, Mrs. Zias-Roe provides QAQC for environmental documents. As an environmental scientist and certified urban and environmental planner, she is passionate about the environment and education. She seeks projects that protect the environment while enhancing community health and well-being.
A commitment to scholarly inquiry led Mrs. Zias-Roe to earn a Ph.D. in Sustainability Education from Prescott College, where she explored fields such as biophilia, civic and human ecology, natural resource management, and environmental impact assessment. Her previous projects include preparing and reviewing technical environmental documents for internal consistency, conducting alternatives analyses, performing industry-related research and statistical calculations, and preparing CEQA documents for the Red Hill Bay Wetlands Restoration Project and Salinity Gradient Solar Ponds at the Salton Sea.
Madeline Luke – Associate Planner & Environmental Planner
Role: CEQA/NEPA Planner, GIS and Graphics
Email: [email protected]
Phone Number: 760-346-4750
Madeline Luke is an assistant planner with a background in planning and environmental documentation. Madeline received a Bachelor of Science in Sustainable Business and Environmental Studies from the University of Redlands. Her experience includes work on housing, recreation, energy, and commercial projects requiring analysis under CEQA/NEPA. In addition to conducting technical analysis, Ms. Luke is skilled at preparing the exhibits and mapping for projects through GIS and other graphic software.
She has experience preparing analysis for technical issue areas and preparing and circulating required public noticing. Previous projects include preparing IS/MND, Categorical Exemptions, coordinating with technical environmental consultants for a variety of projects including single and multi-family projects, commercial, industrial, and recreational projects. 260
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C.2 – Subconsultants Firm Overview
For this contract with the City of Banning, we have brought on several subconsultants to provide technical expertise on required issue areas for environmental documentation (CEQA/NEPA) services if required. We have worked with every firm listed on this contract and are confident in the level of expertise they will provide on task orders. Altum staff prides itself on successful teamwork and communication between staff members and sub-consultants which lead to successful completion of the project in a timely manner. South Environmental – Biological & Cultural Resources o Contact Info - 2061 N Los Robles Ave., #205, Pasadena, CA 91104; (303) 818- 3632, Mathew South, [email protected]
MD Acoustic - Air Quality/GHG/Energy and Noise Analysis o Contact Info - 1197 Los Angeles Ave, Suite C-256, Semi Valley, CA 93065; (805) 426-4477, Mike Dickerson, [email protected]
Earth Systems - Hazards and Geotechnical Analysis
o Contact Info - 79-811 B Country Club Drive, Bermuda Dunes, CA 92203; (951) 928-9799, Kevin Paul, [email protected]
Integrated Engineering Group (IEG) - Transportation/Traffic Analysis o Contact Info - 23905 Clinton Keith 114-280, Wildomar, CA 92595; (951) 239- 1546, George Ghossain, [email protected]
South Environmental
Consultant Work Relationship 1 year
Founded in 2018 in Pasadena, California, South
Environmental LLC is a certified Disadvantaged Business Enterprise (DBE), Woman-Owned Business Enterprise (WBE), and Small Business Enterprise (SBE) specializing in natural and cultural resources consulting in Southern California. We provide architectural history, archaeology, biology, arboricultural, and paleontological resources consulting services.
Established as a partnership between Cultural Resources Director Samantha Murray and Principal Biologist Matthew South, our in-house team of specialists provides the full suite of cultural and natural resources compliance services. We help our clients navigate federal, state, and local regulatory and permitting processes, from small-scale private development projects to large-scale infrastructure and energy projects. We provide technical studies and compliance documentation to satisfy the regulatory requirements of the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) and work closely with federal and state permitting 261
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agencies such as the U.S. Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), and the State Regional Water Quality Control Board (RWQCB).
South Environmental uses the latest technologies and best science available to further the conservation and preservation of natural, cultural, and paleontological resources in California while helping our clients obtain their project goals and objectives. We offer the following major service categories:
Cultural Resources Services including architectural history and historic built environment resource significance evaluations, historic preservation, stakeholder engagement, historic context statements, intensive-level archaeological surveys and technical reports, and tribal cultural resources services.
Natural Resources Services include preparation of biological resource assessments and impacts analyses, wetland delineations, special-status species surveys, and conservation planning. We also offer arborist services including tree inventories, surveys, risk assessments, and tree permitting services.
Paleontological Resources Services include paleontological resource assessments, surveys, and construction monitoring, as well as fossil salvage, identification, preparation, and curation.
GIS and Data Science Services include database construction and management, mobile data collection, mapping, web applications, and spatial data creation and analysis.
MD Acoustics
Consultant Work Relationship 4 years
MD Acoustics, LLC provides acoustical consulting services for all facets of noise/vibration engineering audio control and air quality/greenhouse gas evaluations. Located in Simi Valley, CA their clients range from the aerospace industry to municipalities to private land developers. In addition to noise/vibration consulting services, MD Acoustics incorporates engineering expertise and professionalism with innovative problem solving. MD Acoustics has the ability to assess a wide span of air/noise/vibration issues. MD Acoustics personnel and partners are recognized leaders in the field of acoustics and air quality/greenhouse gas impact assessments. 262
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Integrated Engineering Group (IEG)
Consultant Work Relationship 7 years
Integrated Engineering Group (IEG) is a certified California small business designated engineering firm that represents the best in Transportation Planning and Engineering consulting services with over 19 years of staff professional experience. They provide transportation consulting services including but not limited to preparation of General Plans and Community Plans Circulation Elements, Mobility and Multi-modal Studies on neighborhood and community scales, Parking Studies, and Transportation Impact Analysis. IEG is committed to providing first class transportation consulting services and takes great pride in forming lasting relationships with clients, always striving for excellence, often exceeding expectations. Their staff are the most qualified and experienced in the transportation planning and engineering field and partake in continuing education regularly to be consistently up to date on any changes in the transportation industry.
Earth Systems Pacific
Consultant Work Relationship 7 years
Since 1969, Earth Systems Pacific (Earth Systems) has provided a full range of expert services in the fields of geotechnical engineering, engineering geology, geophysical surveys,
environmental assessments, construction monitoring, and materials testing and inspection. Earth Systems has been consistently named in Engineering NewsRecord as being among the top 500 engineering/design firms in the nation. Earth Systems maintains 11 offices in California. This structure enables them to integrate the advantages of local knowledge of geotechnical and geologic conditions with a wide base of professional and technical expertise.
Earth Systems has built a reputation for providing thorough and professional geotechnical, geologic, and construction inspection services throughout California. In southern California, most of their engineering and geology professionals have lived and worked in this region for over 30 years, thus gaining an unparalleled knowledge of local geologic and geotechnical conditions.
Geotechnical, special inspection, and materials testing services offered by Earth Systems include, but are not limited to the following: Geotechnical sampling and testing of soils; Sampling and testing of materials associated with sidewalk and pavement construction and rehabilitation including new construction, overlays, recycled materials, and stabilization of poor subgrade conditions; Evaluation of acceptability of and conformance of construction materials with project plans, specifications, and Caltrans requirements; Sampling of potentially contaminated soils and testing for hydrocarbons, other petroleum products, and lead; Sampling and testing of asphalt concrete; Batch plant inspection of asphalt, concrete and grout; Special inspection of concrete, masonry, and steel; and Testing or inspection of fabrics or other various construction materials. 263
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C.3 – Subconsultant Key Staff Members
Mathew South – Principal Biologist – South Environmental Matthew South founded South Environmental in 2018. He is a certified wildlife biologist with over 18 years of professional experience providing natural resources consulting services for a wide variety of clients that include residential, commercial, government, utility, infrastructure, research, and non-profit projects. For the last 15 years, Mr. South has been an environmental consultant in southern California acting as a Wildlife Biologist and Geographic Information System (GIS) Analyst. In early 2018 he started South Environmental and has since been supporting clients in Los Angeles, Ventura, Santa Barbara, San Bernardino, and Riverside Counties.
Mr. South’s background in ecology has led to a passion for conservation planning and resources assessments for the purpose of preservation and management. The integration of the latest technologies such as advanced GIS systems, mobile computing, and drone sensing allows him to innovate new data collection, analysis, and collaboration tools for the environmental sciences that produce more accurate data and better-informed resource managers.
Kevin Hunt, Principal Archaeologist – South Environmental Kevin Hunt is a cultural resources management professional with more than 30 years of experience in California with specific expertise in the cultural resources requirements of the California Environmental Quality Act (CEQA), CEQA-Plus, National Historic Preservation Act (NHPA), and National Environmental Policy Act (NEPA). His responsibilities include the management and preparation of cultural resources studies, Native American scoping and consultation, and quality assurance and quality control for cultural resources documents. Mr. Hunt draws from his experience and training to ensure that all projects consider the full spectrum of cultural resources including archaeological, historic built environment, and tribal cultural resources. He is an expert in Native American consultation and has strong working relationships with California tribes and Native American consultants. Mr. Hunt coauthored and instructed a Native American monitor training course at the Cahuilla Reservation in 2005. Mr. Hunt also served on the City of Oceanside’s Historic Preservation Advisory Commission from 2020-2023, when he moved out of the city.
In addition to experience with cultural resources, Mr. Hunt has managed multidisciplinary projects that included biological and paleontological resources services. Mr. Hunt has conducted paleontological monitoring and salvage and is approved by the County of Orange as a paleontologist and the City of San Diego as a paleontological monitor.
Samantha Murry, MA, RPA – Cultural Resource Director – South Environmental Samantha Murray is the cultural resources director and archaeological principal investigator at South Environmental with over 18 years’ experience in all elements of cultural resources management, including project management, archaeology and architectural history studies, and significance evaluations in consideration of the National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), and local-level designation criteria. Ms. Murray has conducted thousands of Phase I archaeological studies, historical resource evaluations, and has developed detailed historic context statements for a multitude of property types and 264
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architectural styles. She has also provided expertise on numerous projects requiring conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
Ms. Murray meets the Secretary of the Interior’s Professional Qualification Standards for both Archaeology and History. She is experienced managing multidisciplinary projects in the lines of private development, transportation, transmission and generation, federal land management, land development, and state and local government. She is an expert in preparation of cultural resources compliance documentation for projects that fall under the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and Sections 106 and 110 of the National Historic Preservation Act (NHPA). Ms. Murray has also served as an expert witness in legal proceedings concerning historical resources under CEQA and local ordinance protection.
Justin Strauss, M.S. – Principal Paleontologist – South Environmental Justin Strauss is a paleontological resources professional with over 23 years of experience in paleontology and biology. He is a qualified professional paleontologist, specializing in CEQA, PRPA, and NEPA requirements. Justin has managed paleontological surveys, salvage, and monitoring programs across multiple states, training monitors in proper excavation and handling techniques. With a strong knowledge of geology and animal anatomy, he excels in identifying fossil remains, creating maps, and using GIS and GPS to document paleontological sites. He has extensive experience in fossil excavation, from small rodent teeth to large dinosaur bones.
Mike Dickerson, INCE, Principal – MD Acoustics
Mike Dickerson has a passion for the science of sound and vibration and has worked professionally in acoustical engineering since 2002. He received his Bachelor of Science degree in Physics, emphasizing in acoustics from Brigham Young University in Utah. He is currently a member of the Institute of Noise Control Engineers (INCE). Motivated by professional growth and opportunity, Mr. Dickerson formed his own acoustical engineering firm, MD Acoustics in 2012. Mr. Dickerson’s versatile experience includes leading and assisting in the design and review of many facets of acoustical engineering and air quality projects, including but not limited to: air/noise assessments, ceiling/floor assembly design, architectural design, acoustical product design, vibration analysis and noise mitigation strategies. He has successfully completed over 4,200 acoustical/air quality assessment reports for various engineering companies, municipalities and other agencies (both public and private). His strategic project planning and cost-effective management solutions enabled him to excel in the field of Acoustics and project management.
George Ghossain, P.E., MSCE, MPA - Principal Engineer - IEG Mr. Ghossain is a principal engineer at Integrated Engineering Group (IEG) with over 13 years of experience in the public sector and seven years in the private sector. During his professional years in the public sector, George had the opportunity to review, manage and lead large scale and complex projects where he developed the vision and technical approach needed to successful complete projects. Additionally, he took a lead role in the development and implementation of a successful partnering commitment between various department within the organization and with 265
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other regional regulatory agencies such as SANDAG, Caltrans and MTS. As a consultant, George developed an extensive experience in the preparation of parking studies and transportation planning studies for general plans, community plans, specific plans and large scale private developments. He also prepared mobility and multimodal studies to balance all modes of transportation on neighborhood and community scales.
Kevin Paul, PE, GE - Principal Geotechnical Engineer/Project Manager – Earth Systems Mr. Kevin Paul, PE, GE, has been the geotechnical engineer for numerous public works projects for jurisdictions throughout southern California, including bridges, roadways, water and sewer supply and infrastructure, and buildings. As principal geotechnical engineer, he provides direct geotechnical engineering oversight. He is directly involved in the development of project scopes and proposals, coordination and preparation of project teams, direction of fieldwork, personnel and equipment, laboratory testing and analysis, and report preparation. He serves as the Engineerof-Record for Earth Systems’ Bermuda Dunes and Perris materials testing laboratories for AASHTO and Cement and Concrete Reference Laboratory (CCRL) accreditation, California Department of Transportation (Caltrans) certified laboratory, and Division of State Architect (DSA Laboratory Evaluation and Acceptance (LEA) programs.
Mark Spykerman, PG, CEG, CHG – Earth Systems
As a principal engineering geologist with Earth Systems, Mark Spykerman is responsible for evaluation of the impact of geologic and hydrologic conditions upon proposed developments.
Certified by the State of California as a professional geologist, engineering geologist, and hydrogeologist, Mr. Spykerman has over 40 years of experience on public works projects, authoring hundreds of reports that have been reviewed and approved by the California Geologic Survey (CGS). He has been responsible for oversight and management of large-scale field operations, including managing, training, and mentoring staff. Mr. Spykerman’s areas of expertise include geologic hazards assessments, seismic analysis, fault investigation, analysis of liquefaction and lateral spreading, rockfall and slope stability evaluation. He is thoroughly familiar with the requirements of California Code of Regulations (CCR) Title 24, the California Building Code (CBC) and the California Geological Survey’s (CGS) Note 48 Checklist. Geologic analyses are performed in accordance with the CGS guidance document Special Publication 117A for earthquake and landslide hazards. Mr. Spykerman received his Bachelor of Science degree in Geology from California State University Fresno.
Alexander Schriener JR., PG -Environmental Geologist
Mr. Schriener has over 40 years of experience as an alternative energy, natural resource and environmental geologist. He is experienced in all phases of environmental assessment from project scoping, field investigation, data analysis, and site remediation, and post-study consultation. His project experience includes preparation of Phase I and Phase II Environmental Site Assessments (ESAs), and Initial Site Assessments (ISA). Mr. Schriener has expertise in geothermal resources, including exploration, well-drilling, development, and resource 266
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management. He obtained a Bachelor of Science degree in Geology from the University of Washington, and a Master of Science degree in Geology from Oregon State University.
C.4- Licensing Compliance Statement
The Altum Group affirms that our firm and all assigned key professional staff are properly licensed and qualified to practice in the State of California. Our team includes CEQA/NEPA specialists, environmental planners, biologists, air quality analysts, and noise consultants, all of whom meet the necessary state and federal regulatory requirements to perform environmental consulting services. We ensure that all personnel assigned to this contract hold the appropriate certifications, licenses, and professional credentials required to conduct technical analyses, prepare environmental documents, and provide expert recommendations in compliance with CEQA, NEPA, and other applicable laws and regulations.
D. DISCLOSURE STATEMENT
Altum Group acknowledges that we have had a past business relationship with Mr. David A.
Newell, AICP, Director of the Community Development Department for the City of Banning. This relationship stems from Altum Group’s current on-call CEQA/NEPA contract while Mr. Newell was employed with the City of Palm Springs.
We want to emphasize that this previous relationship does not impact our ability to provide unbiased and objective services for the City of Banning. Altum Group is committed to transparency and compliance with all City policies and guidelines throughout the course of any work provided to the City.
E. EXPERIENCE AND REFERENCES
E.1 - CEQA/NEPA CONSULTING EXPERIENCE
Altum’s planning and environmental team has
successfully completed numerous environmental
documents together for both public and private
clients as required by CEQA and NEPA. Our staff have
a strong understanding of these requirements and
have prepared environmental documents for more
than 150 individual projects to date. This includes
preparing IS/MNDs and EIRs for residential,
commercial, and mixed-use developments; solar
and wind developments; large master plans and
specific plans; general plan amendments; rezoning
projects; and parks and recreation projects.
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Our environmental studies are prepared to fully comply with government guidelines and regulations.
These studies address potentially significant environmental impacts of a proposed project and outline mitigation measures to reduce those impacts.
Altum provides a qualified, experienced, and
efficient team who prepares high quality,
legally-defensible environmental CEQA and
NEPA documents and technical studies with
simple and concise language. Our
environmental studies are prepared to fully
comply with government guidelines and
regulations. These studies address
potentially significant environmental impacts
of a proposed project and outline creative
mitigation measures to reduce those
impacts. Three technical firms are included
on our team in this proposal and will provide
detailed analysis for key issue areas of impact
analysis (i.e., Geotechnical, Traffic, Air
Quality and Greenhouse Gas Emissions) and
will assist with preparation of any technical studies required by the City. Collectively, our team is fully capable of addressing each of the issue areas of impact analysis contained in the Appendix G checklist of the CEQA guidelines and will provide the City with a sound and technical environmental analysis.
E.2- RECENT ENVIRONMENTAL DOCUMENTS
City of Palm Springs On-Call Environmental Assessment (CEQA) Services The Altum Group was awarded a contract by the City of Palm Springs to provide CEQA documentation services for various private and public sector development projects located throughout the City. Projects range from significant resort hotels with adjoining retail, recreation, and residential components to single-family subdivisions. Studies anticipated include Initial Studies, Negative Declarations, Mitigated Negative Declarations or Environmental Impact Reports as well as a variety of technical studies (Air Quality/GHG, Noise, Biological Resources, Cultural Resources, and Traffic). Recent environmental analysis prepared for Palm Springs includes:
First Palm Springs Commerce Center EIR (On Going Project)– EIR analyzing two (2) separate warehouse buildings. Building 1 totaling1,516,174-square feet including office space, with 258 truck trailer docks, and 929 parking spaces for cars and trucks. Building 2 includes 388,530- square feet including office space with 42 truck trailer docks, and 302 parking spaces for cars and trucks. The proposed project will connect to existing infrastructure to provide electricity, water, natural gas and a sanitary sewer line via connections from North 268
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Indian Canyon Drive. The project site occupies approximately 91.97 acres west of Indian Canyon Drive and south of 18th Avenue in the City of Palm Springs, Riverside County, CA.
The EIR is currently in its final drafting stages with a completion date set for May of 2025. Desert AIDS Medical Campus IS/MND - IS/MND examining an expansion to the Desert AIDS medical offices/facilities in the City of Palm Springs. The project includes construction of an 18,500 square foot Pavilion, site and landscaping improvements to the existing campus, and the construction of 61 special needs affordable housing units on a 13.2-acre site. The project included peer reviews of several applicant provided technical studies prior to inclusion in the IS/MND.
2700 East Alejo Road IS/MND – IS/MND examining a Change of Zone, General Plan Amendment, and Tentative Tract Map. The project includes the subdivision of a 2.53-acre site into eight (8) parcels for future single-family residences. Casa Verona IS/MND – IS/MND examining a proposed Change of Zone to rezone a 6.44- acre vacant parcel, and a Tentative Tract Map subdividing the parcel into 31 individual lots for single-family homes.
Desert Flower Farms Project IS/MND – IS/MND and technical report peer review for a cannabis cultivation, Type 6 manufacturing, and distribution facility.
Encanto Single Family Subdivision – IS/MND Approved
The Encanto project consists of 111 single-family homes with attached accessory dwelling units ADU’s on 81 of the units as well as associated site improvements on a currently vacant 19.2 acre property (APN 779-360-001) located in the City of Coachella, Riverside County, California. The Project site is located west of Van Buren Street, 1,000 feet north of 51st Avenue, and 600 feet to the south of 52nd Avenue. The development proposes 4,500 square foot minimum lot sizes and includes 111 residential units, on-site landscaping, interior roadways, open space, and on-site retention basin on the east portion of the site. The Altum Group was the lead consultant for survey, planning, civil engineering, and environmental services.
Thermal Community Park – IS/MND - Approved
The Altum Group prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for the 9.8- acre Thermal Community Park in unincorporated Riverside County. The environmental analysis evaluated potential impacts associated with utility improvements, including new water and sewer infrastructure to support park facilities such as restrooms, a splash pad, and a pond. The study also assessed stormwater management, ensuring proper drainage and flood prevention. Mitigation measures were implemented to minimize construction-related impacts on water quality, utility services, and cultural impacts to ensuring compliance with CEQA and local regulations.
Maverik Fuel Station ISMND in Desert Hot Springs – Approved The Altum Group prepared an IS/MND for an 18-pump fuel station and 9,084-square-foot convenience store in Desert Hot Springs. The environmental analysis examined potential impacts from both the new commercial development and its associated infrastructure improvements. The 269
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study addressed water demand, wastewater disposal, and drainage impacts, ensuring the site’s utility connections met city standards. Additionally, the analysis evaluated potential effects on groundwater quality, air emissions, and traffic circulation, incorporating mitigation measures to reduce environmental impacts.
L&G Market Expansion Project – CATEX32 – Approved
For the expansion of L&G Market in the City of Indio, The Altum Group completed a CEQA Categorical Exemption (CATEX 32), evaluating the environmental impacts of the new commercial development alongside necessary infrastructure improvements. The project, which included eight new fuel pumps, a convenience store, and additional retail spaces, was analyzed for its effects on public utilities, stormwater runoff, and local traffic patterns. The study confirmed that the expansion would not overburden existing water and sewer infrastructure and outlined best management practices to mitigate minor environmental effects.
Cahuilla Hills Park Improvements – NEPA Categorical Exclusion/ERR The Altum Group prepared a NEPA CATEX ERR for the City of Palm Desert. The project is federal grant funded project for park improvements. The improvements will add ADA accessible parking and walkways as well as lighting along walkways for an existing public park in the City of Palm Desert.
E.3 REFERENCES
The Altum Group is proud of the strong relationships we have formed with both our Public and Private Clients over the years. Our work ethic and dedication to each individual project are represented by our repeat clients and powerful references. We are pleased to be able to provide references who will attest to our knowledge of planning services.
Glenn Mlaker, AICP
Associate Planner
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 323-8245
[email protected]
Project: On-Call CEQA Services -
2020-2025
Shawn Muir
Community Services
Manager
City of Palm Desert
73510 Fred Waring Drive,
Palm Desert, CA 92260
(760) 776-6481
[email protected]
Project: Contract Cahuilla
Hills Park CatEx ERR –
2023-2024
Sandra Molina
Deputy Director of
Development Services
City of Cathedral City
68700 Avenida Lalo
Guerrero
Cathedral City, CA 92234
(760) 202-2433
[email protected]
Project: Rosemount Storage
IS/MND - 2022-2024
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Appendix
Example Project Schedule
Ds
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EXAMPLE TASK LIST AND PROJECT SCHEDULEBelow is an example EIR task list and project schedule for a recent large warehouse project in Palm Springs, CA. This schedule is designed to align with the client's and lead agency's timeline requirements. It assumes that the EIR drafting through public circulation can be completed within eight months from project kickoff, with the Final EIR and Public Hearings completed within 11 months. This timeframe is contingent on prompt reviews and circulation of materials by City staff to maintain progress and meet key project milestones.
October November December January February March April May June July August September Task 1 Project Kickoff/Initiation
1.1 Kickoff Meeting 1 Day1.2 Project Description 1 Week 1 Week Task 2 Technical Studies
2.1 Air Quality/GHG/Energy Impact Analysis 2 Weeks
2.2 Noise Study 2 Weeks2.3 Transportation Screening Analysis 6 Weeks2.4 Water Supply Assessment 4 Weeks 2 Weeks Task 3 Initial Study/Notice of Preparation 4 Weeks 2 Weeks Public Review 30 Days
Task 4 Scoping Meeting 1 DayTask 5 Administrative Draft EIR 8 Weeks 4 WeeksTask 6 Public Review Draft EIR 2 Weeks Public Review 45 Days
Task 7 Final EIR 4 Weeks 2 WeeksTask 8 Public Hearings (2 total) 1 DayTask 9 Project Management and Coordination Ongoing The Altum Group
Subconsultants City of Palm Springs Public Review Project Team Meeting Public Meeting First Desert Commerce Center EIR
Proposed Schedule
Task Altum/Sub
Timeframe
City
Timeframe
2023 2024
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Project Team Resumes
Ds
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Stephen Nieto
Director of Urban Design + Land Development
www.thealtum group.com
Education:
Master of Architecture, UCLA
Architecture and Urban Design, 2009
Bachelor of Architecture, California
State Polytechnic University,
Pomona, 2008
National Technological University
Athens, Greece, 2006
Associations:
Palm Springs Art Museum
Advisor to the Buildings + Grounds
Committee, 2024-Current
City of La Quinta Planning
Commissioner, 2019-Current
American Institutes of Architects,
Assoc. 2012-2022
The Urban Land Institute, 2017-
Current
Friends of Park 101, Board of
Directors 2013-2017
Awards:
Palm Springs Life 40rty Under 40rty,
2022
AIA Los Angeles 2x8 Award 2010 and
2008
Qualifications:
Stephen Nieto has extensive experience in international and domestic large-scale master planning, urban design, and architectural projects. His expertise spans both public and private sectors, focusing on creating implementable master plans, mixeduse developments, single-family and multi-family communities with an emphasis on human-scale design, sustainability, and pedestrian-oriented environments. He brings a deep understanding of contextual design and placemaking to each project, ensuring seamless integration with the surrounding urban fabric.
As a land development professional, Stephen has a strong background in entitlements, CEQA, and regulatory approvals. He has successfully navigated complex land use, environmental review, and permitting processes, guiding projects through environmental assessments, agency negotiations, and discretionary approvals. His ability to balance regulatory requirements, stakeholder coordination, and development objectives ensures efficient project execution.
Stephen earned a Master’s degree in Architecture & Urban Design from UCLA in 2009 and has since worked with leading Los Angeles-based design firms, including AECOM and Gensler. In 2017, he joined South West Concepts, a La Quinta-based architecture firm, as a senior designer and project manager for multi-family, retail, and commercial projects. In 2019, he was appointed to the Planning Commission for the City of La Quinta, and in 2020, he joined The Altum Group, where he leads the firm’s Urban Design, Planning, and Environmental practice.
Project Experience:
Urban Design and Land Planning
Valley Center Mixed Use Project Specific Plan, Cathedral City, CA Mr. Nieto provided Due Diligence services required for the development of The Valley Center Project. The proposed project is located on approximately 600 acres on Varner and Date Palm Drive in the City of Cathedral City. Mr. Nieto worked closely with the Client to prepare a Conceptual Land Use Plan for the subject property that attempted to yield the Client's lot count and intensity/density desires. The Plan was based on the proposed land uses allowed under the North City Specific Plan and other relevant agency zoning requirements. Two bubble concepts were developed for client’s consideration and the final plan was prepared to scale, in color and printed in large format. The intent of these illustrations was to facilitate discussions with team members, City of Cathedral City representatives, and other civic leaders.
The Classic Club Master Plan and Northstar Specific Plan, Riverside County, CA 274
Stephen Nieto
Director of Urban Design + Land Development
2 Mr. Nieto is the lead planning team for the Classic Club Master and the Northstar Specific Plan, a 500+ acre mixed-use long range plan that surrounds an existing award winning 18 hole Classic Club Golf Course. The master plan includes a variety of uses from recreational open space, multi-family, commercial, industrial, hospitality, sport, and entertainment uses. Mr. Nieto recently lead a specific plan amendment to allow for a 295,000 SF Arena & Event Center as well as hospitality and multi-family uses. Planned development throughout the master plan in addition to the newly proposed arena are designed to be connected with a network of pedestrian and bike paths to promote walkability and non-vehicular transportation. At full build the Classic Club will become a beacon for leisure, hospitality, sport, and entertainment in the Coachella Valley.
Glazcon Industrial Park Master Plan, Palm Desert, CA
Mr. Nieto is the Project Manager and Urban Designer for this project involving the development of approximately 90,000 square feet of manufacturing and industrial uses within the Millennium Specific Plan area of Palm Desert. The project requires processing the entitlement package to allow for zoning updates to the City’s General Plan and a finding of consistency with the outline of the Millennium Specific Plan. As part of the entitlement application, Mr. Nieto prepared several conceptual site plans to highlight potential layouts for the eight (8) industrial buildings.
Vista Chino/Gene Autry Mixed Use Development Entitlements, Palm Springs, CA Mr. Nieto is the Project Manager for a mixed-use project designed to promote walkability between the residential and commercial uses in an area of Palm Springs that is typically served by automobiles. The includes a grocery store, coffee shop, gym, and car wash all within walking distance of the resident apartments within the complex. Mr. Nieto recently oversaw the Planned Development District Justification Letter for the City. Once approved, the project will move into the entitlement phase with Mr. Nieto providing oversight and management of civil plans and environmental documentation.
Thermal Airport Conceptual Master Plan, Riverside County, CA Mr. Nieto is serving as the lead Urban Designer for this unique development project located at the Southeast corner of Airport Blvd and Tyler St in Thermal, near the Jacqueline Cochran (Thermal) Airport. This development caters to the existing users of the Thermal Airport providing a variety of indoor and outdoor amenities to travelers visiting the Coachella Valley for pleasure and for business. The Master Plan is focused on developing a pedestrian-oriented framework and open space design that will foster a unique environment, rich with dense palm groves, landscaping, outdoor shaded seating areas, open spaces, and plazas suitable for corporate or private events. Due to the project location, this development has the opportunity to rethink the concept of a mixed-use aviation business park and has the opportunity to become a new “Front Door” or “Gateway” for the Thermal Airport.
Vista del Norte Preliminary Program, Conceptual Bubble Land Use Plan, & Conceptual Site Design, Coachella, CA Mr. Nieto prepared the Conceptual Site Design and Preliminary Programing services required for the Vista del Norte Project. The project site is located on 32.09 acres on Vista Del Notre Road immediately northwest of the existing Dillion Road On/Off Ramps along I-10 Freeway in the City of Coachella. The Client was exploring a land use modification to better position the property for timely development and required Urban Design services to bring the vision to life. Altum worked with the Client to develop a preliminary program based on market demands and needs. The preliminary program included supporting precedent imagery of development typologies and example images of best practices development strategies envisioned for the project site. Altum then produced a conceptual bubble land use plan that graphically demonstrated the sites development potential; the plan conceptually organized/arranged the site program, vehicular and pedestrian circulation, retention, and open space opportunities. Upon completion of the site bubble land use plan, Altum produced a scaled conceptual master plan hand sketch. The master plan sketch located access ways, streets, alleys, sidewalks, building footprints, open space elements, and parking lots. This conceptual master plan sketch helped the Client and City Staff Members understand the Project’s vision and positively demonstrated future development opportunities.
Contract Planning, Various Cities, CA
275
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3 Mr. Nieto serves as the Contract Manager overseeing staff on assignment at the Cities of San Jacinto, Apple Valley, Indian Wells, and Imperial Beach. He also previously managed staff working on assignment with the City of Moreno Valley. Mr.
Nieto ensures all assignments from the Cities are thoroughly staffed and assists with questions regarding entitlements and architectural processes.
Thousand Palm Multi-Family Master Plan, Riverside County, CA Mr. Nieto is serving as the lead Urban Planner for the Thousand Palms Multi-Family Master Plan project located in the unincorporated Thousand Palms region of Riverside County. The development is seeking entitlements to develop two parcels for a Multi-Family Residential Development. The intent of the project is to provide high quality rental apartments designed to accommodate a range of demographics with a variety of open space amenities. Site amenities include a community center, community pools, central park, court yards, plazas, shade elements, dog park, pedestrian corridors and walkways that connect all areas of the site. The community center, central open space, and a linear “desert oasis” green belt is located at the heart of the plan to promote community interaction and convenient access to site amenities.
Della Development, Bastrop County, TX
Mr. Nieto assisted in the concept master plan and lotting design for a proposed residential development on over 200 acres in Bastrop County. The Project was Altum’s first Urban Design + Land Development effort in the State of Texas.
Urban Land Institute (ULI) HWY 111 Technical Advisory Panel, La Quinta, CA Stephen participated as an Urban Designer panel expert in the La Quinta HWY 111 ULI Technical Advisory Panel. Twelve panelists participated in the ULI study, representing a wide range of professions within the real estate development industry, architecture, landscape architecture, urban planning, marketing, transportation engineering, finance, land development and policy planning. For this important commercial/retail corridor, Stephen participated in site visits, city staff and stakeholder meetings, design charrettes, conceptual design, final planning recommendations and final report graphics.
Southern California Association of Governments, Park 101 District, Los Angeles, CA Stephen served on the board of advisors for the Friends or Park 101 Non-Profit for 5 years. Park 101 is a major re- visioning of Los Angeles’ downtown with the proposed capping of the 101 Freeway which currently occupies a deep trench, severing the historic El Pueblo from City Hall and Government Center. The study area encompasses over 150 acres. The Vision is to establish a pedestrian oriented focus in the downtown, with a campus of new buildings and a central park in a bold and economically sustainable plan which radically repositions the downtown of Los Angeles for the next 10 - 20 years of sustainable urban growth. Stephen assisted the team with the preparation of the conceptual urban design and feasibility study documentation. He also led the coordination in the development of all the 3D visualization media for the entire project site and detailed study of the phase 1 cap and re-development opportunity.
Beijing Tongzhou City Investment & Operation, New Beijing City, Tongzhou, China Stephen assisted in leading a multidisciplinary team to develop a new Global City on the eastern edge of Beijing. At the time, this was the first Public Private Partnership in China to develop a new international city. Located at the termination of the historic canal that connects Beijing to the sea, and has for centuries provided a link for important waterborne commerce, the new city is emerging as an international creative capitol. With multiple project sites within the Tongzhou region, the project sites consists of a combined area of 12 square kilometers. Stephen managed planning and documentation for a new central business district, waterfront levy design guidelines, historic village, central park, convention center, transit oriented development, and grand marina financial district.
Parks and Recreational Projects
500-Acre Sports, Entertainment, and Mixed-Use Community Master Plan, Riverside County, CA 276
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Director of Urban Design + Land Development
4 Mr. Nieto is the lead urban design components for this 500+ acre mixed use master plan located in the heart of the Coachella Valley. This new community is poised to become one of the Coachella Valley’s most dynamic master planned communities in recent time. This family-first destination is planned with a “community first” approach, filled with open space opportunities, pedestrian trails and bike ways, parks, that is anchored with a sports, entertainment, and medical hub. The plan includes a 10,000-seat arena and 14,000-seat indoor sports stadium, home to the desert’s top medical district, 45 acres outdoor sports park, hotels, a neighborhood hospital, ambulatory surgical center, and medical office building. Plans calls for over 3,000 new dwelling units, a town center, resort and hotel uses, outdoor amphitheater, soccer fields, indoor waterpark, and family emporium, which will feature indoor rock climbing, laser tag, bowling and more.
Empire Grand Oasis PAR Exhibits, Indio, CA
Mr. Nieto prepared a number of exhibits for a Pre-Application Review (PAR) for a proposed festival facility in Indio. The Client was seeking approval for a proposed permanent facility that would allow 26 major events and unlimited minor events (possibly less than 200) annually without having to apply for a temporary use permit process every time an event is planned. Altum initially provided Due Diligence services for the project to establish the best approach for the approval process from the County of Riverside. Several figures were required to show the project site and establish a general layout for the events. Altum’s Urban Design team was tasked with creating the overall Site Plan, Proposed Uses, Traffic/Transportation flow patterns, and other relevant images that accompanied the Client’s submittal. 2028 Los Angeles Olympic Bid - University California of Los Angeles (UCLA) Athlete Village, Los Angeles, CA Stephen supported the winning LA2028 Olympic Bid Committee in developing a comprehensive citywide strategy for hosting the 2028 Summer Olympic Games. As the lead urban designer, Stephen developed plans for venue planning, city wide public transportation strategy, bid document planning graphics and branding. University California of Los Angeles has been selected as a key venue cluster and Athlete Village site, Stephen facilitated technical design/planning services and worked with UCLA leadership to deliver a world class Athlete Village.
NBA Clippers Arena/Entertainment Center Master Plan and Feasibility Study, Inglewood, CA Consisting of a 18,000-seat multi-purpose arena of approximately 750,000 SF that will be designed as the most innovative NBA facility ever built, this facility will serve as a flexible entertainment venue. The arena will be supported by a 80,000 SF state-of-the-art training and practice facility along with 50,000 SF of adjoining executive offices, 18,000 SF of an integrated health facility, 3,000 parking spaces, and a fan activation plaza with supporting retail uses. Stephen led a team of planners and landscape architects to develop planning and urban design alternatives to support and promote the development of core operational components, franchise revenue generation, athlete/fan experience, retail uses and public amenities.
Golf Center Village Mixed Use Master Plan, Indio, CA
Planning and conceptual design for an 18-acre mixed-use master plan in Indio, CA. The plan includes a 70 room hotel, 500 person ballroom, restaurants, commercial-flex space, retail uses, plazas, and courtyards. The master plan rethinks parking lot driven retail design by utilizing planning concepts of distributed parking and optimized land use mix to promote a walkable pedestrian friendly environment.
Glamis Specific Plan, Imperial County, CA
Managing a Specific Plan for an area known as “Glamis” located in a remote, unincorporated area in the central-eastern portion of Imperial County. The Glamis area is known as a gathering location for the Off-Highway Vehicle (OHV) community, with miles of sand dunes and trails utilized by All-Terrain Vehicles (ATVs), dirt bikes, and other extreme vehicles. The Glamis Specific Plan provides a flexible recreational master plan with a broad range of land uses ranging from recreational, commercial/retail, storage, and entertainment to hospitality, residential, and renewable energy, among others. The Plan attempts to build off the historical Glamis-going experience by providing expanded recreational, commercial, entertainment, and hospitality experiences, yet still complying with County Planning goals by addressing environmental, engineering, commercial, public safety, and aesthetic needs identified during the planning process. 277
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Director of Urban Design + Land Development
5 Transportation Projects
Los Angeles Waterfront, San Pedro CA
The LA Waterfront, formerly the “Bridge to Breakwater” project, consisted of a comprehensive revitalization development plan for this 400-acre underutilized port property. The plan includes a new open space system with an expansive water’s edge promenade, a great civic “central park,” public gardens, new public piers, a cruise terminal and new harbors for additional boat activity areas, future public parking structures, major landscape improvements, roadway realignments and improvements, and public art installations.
City of Los Angeles, Sixth Street Bridge Design Competition - Finalist, Los Angeles, CA Lead urban designer for the competition, sponsored by the City’s Department of Public Works, to design a new bridge and public open space for one of the city’s most iconic and recognized bridge. Roles included scale comparisons, conceptual alternative development, urban framework diagramming, park design, rendering, physical model coordination, and coordination of all CAD and 3D visualization and documentation.
City of Tongzhou, China Bridge Design Competition - Finalist, Tongzhou, China.
Lead urban designer for this competition, sponsored by the City of Tongzhou, to design a waterfront park, promenade, urban design enhancements, and two new iconic bridges for the cities new central business district. Roles included scale comparisons, conceptual alternative development, urban framework and community connectivity, open space design, rendering production, and coordination of all CAD and 3D visualization and documentation.
HaiChang Tourism Group, Sanya Haichang Master Plan, Sanya, Hainan, China Team member and project designer. While at AECOM Stephen developed a master plan for a new coastal mixed-use entertainment destination in Sanya, located on the island of Hainan in China. The destination centered around 150,000 square meters of retail, restaurant, and entertainment spaces. Scope of services included master planning, economic feasibility studies, and conceptual architecture development. Stephen served as a senior urban designer for this project.
City of Santa Monica, Freeway Capping Planning Feasibility Study and Bridging and Decking Projects, Santa Monica, CA Feasibility Study for capping a stretch of the I-10 Santa Monica Freeway, approximately one quarter of a mile in length, at the terminus of the freeway in the City of Santa Monica. With the projected arrival of the Exposition Light Rail in 2015, the City of Santa Monica has prioritized improving connections between various areas. Stephen worked with city planners and economists to develop urban design scenarios to support a feasibility/market study. The feasibility/market study was developed to address:
Assess existing conditions and identify key opportunities and constraints of phased freeway capping in the project area
Provide structural and technical analyses
Identify a range of phasing options that achieve the City’s vision; integrate options that cap the freeway with a combination of open space and buildings
Include renderings, illustrations, and graphics that effectively communicate draft and final concepts in public meetings and in the final document
Engage public officials and stakeholders in the consideration of options and incorporate input into the final document
Recommend phasing for implementing funded segments, as well as future phases Provide the schedule and framework for CalTrans entitlements and identify funding sources
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Stephen Nieto
Director of Urban Design + Land Development
6 Lectures, Publications, Interviews
Cal Poly Pomona “Globalization” Conference | Presenter, Panelist “How bridges help us better understand where we live”, Globe and Mail-Magazine, June 2014 Park 101 Film-Documentary, 2014
Future Arquitecturas Magazine Vol. 19 + 20 Interactive Architecture, 2009 “8 Ways Los Angeles is Becoming Less Suburban”, KCRW, February 2015 “Capping freeways maybe a way to provide more open space in L.A.”, Los Angeles Times, December 2014 “Aiming High: Finalist for 6th Street Bridge”, KCRW, September 2012 “The Los Angeles River, Cut Loose” Landscape Architecture Magazine 2017 279
Rich Malacoff, MURP, AICP
Principal Planner
www.thealtum group.com
Education:
Bachelor of Science, Geography;
Florida State University;
Tallahassee, Florida; 1984
Master of Urban Planning; Hunter
College of The City University of New
York; New York City, New York; 1986
Registrations:
Member of the American Institute of
Certified Planners (AICP) # 006811
Associations:
Planning Commissioner, City of
Cathedral City (2022 – Present)
Member of the American Planning
Association (APA)
Qualifications:
Mr. Malacoff has over 30 years of experience in land use planning and environmental impact analysis. His first job was with the Planning Department of the City of New York where he worked in the Loft Conversion Unit evaluating requests to change industrial lofts to residential. He relocated to California to start a position at the Caltrans District 08 Planning Department where he reviewed City Projects for their impacts on the State Highway System and for compliance with the California Environmental Quality Act (CEQA). He went on to work in City Planning positions for various agencies, including the City of Redlands, City of Cathedral City, and City of Desert Hot Springs.
This municipal background includes managing City Committees, project management, historic preservation, Preliminary Review Committee, CEQA oversight, acting as Community Development Director, and conducting community outreach. During his employment in the public sector, he provided oversight for environmental documents, assisted with review of consultant provided studies, and helped develop strong mitigation monitoring and reporting programs. He also managed major projects including institutional, residential, commercial, and industrial developments.
Mr. Malacoff used his municipal experience to ensure projects were processed correctly and expeditiously.
At Altum, Mr. Malacoff works as Principal Planner and oversees Planning and Entitlement assignments for private development clients and works as the gobetween for City inquiries for the firm’s engineering, surveying, and environmental planning departments. His experience at Altum includes major projects including institutional, residential, commercial, and industrial developments. Mr. Malacoff recently oversaw preparation of the Specific Plans and Design Guidelines for the Two Bunch Palms Specific Plan Amendment, Church at the Red Door Specific Plan, and the Coachella Green Business Park. He is familiar with utilizing urban design to help projects gain approval at the municipal-level. He regularly mixes-in concept plans with detailed site overlays to supplement planning documents and applications to help agencies better understand a project.
Mr. Malacoff is a current member of the American Planning Association and has his accreditation by the American Institute of Certified Planners (AICP) and served on the Diversity Committee for the American Planning Association’s 2020 Conference. and has received accommodations from the Mayors of Cathedral City and Desert Hot Springs.
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Rich Malacoff, MURP, AICP
Principal Planner
2 Project Experience:
Regional Planning
Redlands Sign Code, Redlands, CA
Project Manager for Sign Code Update. Managed Community Outreach with Chamber of Commerce and Business Community. Conducted Study Sessions with the Planning Commission and City Council which approved the Revised Ordinance. Implementation measures included working with Code Enforcement on procedures to inform the Business Community of the changes and managing the enforcement program.
Update Cathedral City Zoning Code, Cathedral City, CA
Revised City’s Zoning Code to remove internal inconsistencies and to make the development process more business friendly.
Residential Development
Two Bunch Palms Specific Plan Amendment and EIR Addendum, Desert Hot Springs, CA Project Manager for a Specific Plan Amendment (SPA) to the development standards for zoning, landscaping, and architectural guidelines, relevant to a proposed RV Park on a 9-acre parcel (2 lots) in Desert Hot Springs. The Specific Plan Amendment would modify the current Specific Plan designation to permit a Recreational Vehicle (RV) Park. The amendment would also consist of amending the development standards for zoning, landscaping, and architectural guidelines relevant to the RV Park.
DHS 109 Industrial Park Initial Study and Mitigated Negative Declaration, Desert Hot Springs, CA Prepared sections of an Initial Study and Mitigated Negative Declaration for the development of an industrial park consisting of 57 condo lots for industrial development, 4 retention basins, and a private on-site power plant. The proposed project would be constructed in four phases that would total 109 acres a full project built-out. Ms. Hernandez evaluated City documents such as the General Plan and the City’s Municipal Code to write the aesthetics section of the Initial Study.
Coachella 20 AC (Encanto Housing Project), Coachella, CA Mr. Malacoff is managing the entitlement process (including the environmental documentation and civil engineering) required for a proposed residential development in the City of Coachella. The proposed project will consist of 110-120 dwelling units on a 20-acre property located along Van Buren Street and east of Calhoun Street. Key issues being examined include biological and cultural resources, air quality/GHG, noise, geology/soils, and traffic, including a VMT analysis. Due to the site’s rural nature, a Phase I Environmental Site Assessment is also being prepared to ensure no hazards are identified onsite.
Vista Palms Tentative Tract Map (TTM) and Design Review, Desert Hot Springs, CA Mr. Malacoff directed all aspects with processing the Tentative Tract Map, and Design Review for this important 100-unit subdivision in the City of Desert Hot Springs that had a $750,000 budget from the private developer. Work tasks included Community Outreach, Exemption from CEQA, Landscape Review, Architectural Review, Site Plan Analysis, Drafting Staff Reports, and presentations at the Architectural Review Committee, and Planning Commission Meetings.
Municipal Development
Church at the Red Door Specific Plan and IS/MND, Indio, CA Project Manager for preparation of a Specific Plan and Preliminary Design and Entitlements for the development of a worship center in Indio. The proposed project would be built in two phases with phase one consisting of a new church building and traversing covered outdoor walkway. Phase two consists of a two-story expansion along the eastern face of the church building.
281
Rich Malacoff, MURP, AICP
Principal Planner
3 Redlands Islamic Center, Redlands, CA
Project Manager for this place of worship and specific tasks included Community Outreach, Applicant Education on Development Process, and managing the development process from beginning to end.
Commercial Development
Desert Land Ventures Specific Plan EIR, Desert Hot Springs, CA Assisted in the preparation of an EIR for the build-out of 123.4 acres of land known as Desert Land Ventures to incorporate mixed-use development and create a unique industrial/technology park for clean manufacturing and tech-based business with an emphasis on renewable energy and sustainable products, with the potential for destination hospitality and commercial/retail uses.
Dutch Bros Coffee Entitlements and IS/MND, Indio, CA
Provided Technical Oversight and Client Management for the Entitlement package, including an IS/MND, for an 887 square foot building consisting of a drive-through, patio area, and required parking. Close coordination with the City of Indio was required to ensure all aspects of the entitlement package were complete.
Sunniva Cultivation Facility Entitlements, Cathedral City, CA Project Manager for 500,000 square foot cultivation facility which included managing the tasks for the Conditional Use Permit, Mitigated Negative Declaration, and all Public Hearings. This project had concurrent processing which required coordination among many different parties and ensuring all information was accurate.
Coachella Green Design Guidelines, Coachella, CA
Project Manager for developing Design Guidelines for a large Cannabis Cultivation and Processing Facility.
Brookside Plaza, Redlands, CA
Project Manager for construction of Neighborhood Shopping Center which included Community Outreach, Plan Check, and preparation of a Mitigated Negative Declaration. Managed Development Process from beginning to end.
Staybridge Hotel, Cathedral City, CA
Project Manager for this 122 Room Hotel This project was considered controversial by the Community and required many meetings with the public which resulted in changes to the project. Other tasks included managing the Mitigated Negative Declaration, coordinating photo-simulations, working with Acoustics Engineer, providing updates with Investment Team, and managing the entitlement process.
Various Positions/Tasks, Inland Empire, CA
Project Manager for the following projects for which task included everything from project submittal to issuing Certificates of Occupancy:
Cimarron Cove Housing Tract, Cathedral City
Volkswagen of Palm Springs, Cathedral City
Vista Palm Housing Tract, Desert Hot Springs
Flamingo Resort, Desert Hot Springs
Municipal Planning
City of Indian Wells Community Development Department
Mr. Malacoff recently provided Principal Planner level services to the City of Indian Wells through an on-call contract held by Altum. The City required assistance with processing a Conditional Use Permit (CUP) modification for a new Sprouts 282
Rich Malacoff, MURP, AICP
Principal Planner
4 Market. He assisted with the preparation of staff reports for the Planning Commission and City Council and presented the project to Council on behalf of the City.
City of Redlands Planning Department – Employment and Contract Planning At the City of Redlands, he had various responsibilities such as Preliminary Review, Environmental Review Officer, Historic Preservation Officer, CEQA analysis for private projects and capital improvement projects, and management of all activities of the Historic and Scenic Preservation Commission and Environmental Review Committee. He also worked on many Conditional Use Permits, Commission Review and Approvals, Special Events, Specific Plans, Sign Ordinance Amendments, Ordinance Text Amendments, Zone Changes, and General Plan Amendments. Mr. Malacoff also provided contract planning services on two (2) separate occasions as requested by City staff. He worked at City Hall providing all services listed above.
City of Cathedral City Planning Department
At the City of Cathedral City, he was the liaison to the Architectural Review Committee and Planning Commission. He managed all projects reviewed by these boards from Project Initiation to Final Clearance. He also wrote many ordinances on a variety of subjects the most prominent one: a business-friendly development process. In addition, Mr. Malacoff was responsible for Film Permits, Special Events, and many regulatory inspections for various businesses.
City of Desert Hot Springs Planning Department
At the City of Desert Hot Springs he was the sole staff to the Planning Division and managed all functions of the Planning Division including being the liaison to the Architecture and Landscape Review Committee, Community and Cultural Arts Commission, Planning Commission, and City Council. In addition, Mr. Malacoff was the Acting Community Development Director on two separate occasions which included managing the Planning, Building, Engineering, Facilities, and Public Works Departments. Mr. Malacoff also was involved in the development of the City’s Cannabis Program and help many workshops and processed many projects.
283
Shellie Zias-Roe, PH.D., AICP-CEP
Senior Environmental Planner / QAQC
www.thealtum group.com
Education:
PH.D Sustainability Education
Environmental Management,
Prescott College, AZ
M.A.S. Environmental Policy &
Management Natural Resource
Management, University of Denver,
CO
B.S. Environmental Management
B.A. Liberals Studies, University of
Redlands, CA
Associations:
Certified Planner (AICP) Certified
Environmental Planner (CEP)
American Institute of Certified
Planners
Appointments:
Visiting Assistant Professor –
University of Redlands (2013 -
present)
City of Redlands General Plan 2035,
Open Space & Agriculture Steering
Committee Member, 2015-2017
California Desert Coalition Defending
the Desert Workshop II: CEQA and
Environmental Justice, December,
2019
American Planning Association (APA)
National Conference Proposal Peer
Reviewer, 2022
Qualifications:
Ms. Zia-Roe is an experienced professional with over 18 years of private and public work experience. Her consulting experience includes the oversight and delivery of environmental projects, analysis, document preparation, project management and extensive coordination with agency staff, stakeholders and project applicants.
Ms. Zia-Roe has prepared numerous environmental applications and reports. As a senior environmental planner at Altum, she is responsible for writing and reviewing scopes of work, building internal and external project teams, and coordinating with technical teams, local, state and federal agencies. She works with Altum’s environmental staff and serves as a technical advisor to key staff in other departments who require assistance with entitlements and environmental clearance.
While working in the public sector, she helped develop and implement standard operating procedures for the Land Services Department as related to the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and Endangered Species Act; was a recognized leader in watershed management and water use; and was a contributing member on several technical committees. She also served as an intergovernmental liaison for federal, state and local agencies.
She also continues to teach at the University of Redlands, including courses such as Environmental Impact Assessment, Environmental Planning, Sustainability Planning, Resilient Cities, Introduction to Environmental Science, and Professional Development for Environmental Careers. Ms. Zia-Roe is motivated by the teaching and development of the next generation of environmental planners. This work shapes her thinking and inspires her consulting work for our clients.
Project Experience:
Land Development
Coachella 20 AC (Encanto Housing Project), Coachella, CA Mrs. Zias-Roe supported the project team by QAQC for a proposed residential development in the City of Coachella. The proposed project will consist of 110-120 dwelling units on a 20-acre property located along Van Buren Street and east of Calhoun Street. Key issues being examined include biological and cultural resources, air quality/GHG, noise, geology/soils, 284
Shellie Zias-Roe
Senior Environmental Planner
2 and traffic, including a VMT analysis. Due to the site’s rural nature, a Phase I Environmental Site Assessment is also being prepared to ensure no hazards are identified onsite.
Corman Leigh TTM 38468 IS/MND – Peer Review for the City of San Jacinto The Altum Group conducted a peer review of this ISMND written by Tom Dodson & Associates for the City of San Jacinto. The project consists of 153 single-family homes on 42.19 acres located on Lyon Avenue.
McLeish TTM 38468 IS/MND – Peer Review for the City of San Jacinto The Altum Group conducted a peer review of this ISMND written by VCS Environmental for the City of San Jacinto. The project will develop 424 single-family homes on 84.4 acres with 11.3 acres of open space and landscaping areas.
Cahuilla Hills Park Improvements – CATEX ERR
The Altum Group prepared a CATEX ERR for the City of Palm Desert. The project is federal grant funded project for park improvements. The improvements will add ADA accessible parking and walkways as well as lighting along walkways.
Additional California Environmental Quality Act (CEQA) Documents Salton Sea Salinity Gradient Solar Pond Initial Study
Restoration of Red Hill Bay at the Salton Sea Initial Study Arrowhead Regional Medical Center Expansion Project Initial Study Matich Asphalt Batch Plant Initial Study
Central Valley Juvenile Facility Redevelopment/Replacement Project Initial Study National Environmental Policy Act (NEPA) Documents
Lugonia Avenue HUD Housing Project
285
Madeline Luke
Associate Planner
www.thealtum group.com
Education:
B.S., Sustainable Business and
Environmental Studies - University of
Redlands, 2022
Qualifications:
Madeline Luke is an associate planner with a background in planning and environmental documentation. Her experience includes work on housing, recreation, energy, and commercial projects requiring analysis under CEQA. In addition to conducting technical analysis, Ms. Luke is skilled at preparing the exhibits and mapping for projects through GIS and other graphic software. She has experience preparing analysis for technical issue areas and preparing and circulating required public noticing.
Project Experience:
Agriforce Coachella Research Center IS/MND, Coachella, CA Ms. Luke is assisting with preparation of the CEQA document for a proposed cannabis warehouse and distribution center in Riverside County. The project requires in-depth examination of both biological and cultural issues and Ms. Luke is coordinating with technical subconsultants to ensure complete analysis. She is also preparing the exhibits for the Project.
SPI 48MW Substation IS/MND, Coachella, CA
Ms. Luke is assisting with preparation of the CEQA document examining a proposed energy substation to support a proposed cannabis warehouse and distribution center in Riverside County. 3080 Norm Niver Road Feasibility Study, Thermal, CA
Ms. Luke is preparing all of the required graphics and mapping for a feasibility study examining a proposed hotel and RV park on the Torres Martinez Desert Cahuilla Indians Tribal land in Imperial County. The project site is remote, and Ms.
Luke utilized GIS to prepare site area and regional maps as a base for engineers and urban designers to use in their conceptual designs and plans.
2700 East Mesquite Golf Course Conversion, Palm Springs, CA Ms. Luke is assisting with the Due Diligence tasks for a golf course conversion project in the City of Palm Springs. This includes research for local agency and tribal regulations for the future buildout of a multi-family housing project on a now defunct municipal golf course.
54th and Jackson Multi-Family Housing IS/MND, Riverside County, CA Ms. Luke is preparing several sections of a CEQA IS/MND as well as all the required exhibits for a proposed 18.39-acre multi-family residential development in an unincorporated area of Riverside County.
Vista Chino and Gene Autry Planned Development, Palm Springs, CA Ms. Luke prepared the project justification letter and the Planned Development District application for a mixed-use project on the corner of Vista Chino and Gene Autry Drive in the City of Palm Springs. The proposed Project consists of the development of approximately 216 multi-family units on 16 acres and the development of a gas station, convenience store, and three drive-through facilities on 5 acres. The justification letter examined all applicable City regulations and codes and outlined the compatibility of the project’s various components. 286
Email: [email protected]
Mobile: 818-458-1162
EDUCATION
M.A., Anthropology,
California State University,
Los Angeles, 2013
B.A., Anthropology,
California State University,
Northridge, 2003
PROFESSIONAL
AFFILIATIONS
California Preservation
Foundation
National Trust for Historic
Preservation
PROFESSIONAL
CERTIFICATIONS
Registered Professional
Archaeologist (Registrant I.D.
28686211)
Samantha Murray, MA, RPA
CULTURAL RESOURCES DIRECTOR
Samantha Murray is the cultural resources director at South Environmental and a principal archaeologist and architectural historian with 20 years’ experience in all elements of cultural resources management, including project management, archaeology and architectural history studies, and historical significance evaluations in consideration of the National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), and local-level designation criteria. Ms. Murray has conducted thousands of historical resource evaluations and developed detailed historic context statements for a multitude of property types and architectural styles. She has also provided expertise on numerous projects requiring conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
Ms. Murray meets the Secretary of the Interior’s Professional Qualification Standards for both Archaeology and History. She is experienced managing multidisciplinary projects in the lines of private development, transportation, transmission and generation, federal land management, land development, and state and local government. She is an expert in preparation of cultural resources compliance documentation for projects that fall under the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and Sections 106 and 110 of the National Historic Preservation Act (NHPA). Ms.
Murray has also served as an expert witness in legal proceedings concerning historical resources under CEQA and local ordinance protection.
EXPERTISE
• CEQA, NEPA, and Section 106 of the NHPA compliance documentation in consideration of impacts to historical, archaeological, and tribal cultural resources, and historic properties.
• Resource significance evaluations in consideration of NRHP, CRHR, and local designation criteria.
• Project design review for conformance with the Secretary of the Interior’s Standards.
• Assistance with complex mitigation including HABS/HAER/HALS, salvage, and interpretive displays.
• Peer review.
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Samantha Murray, MA, RPA Resume, Page 2
RELEVANT PROJECT EXPERIENCE
Cater Reservoir Resiliency Project, Santa Barbara, California (2024). South Environmental was retained by the City of Santa Barbara to complete a State Water Resources Control Board (SWRCB)-compliant Historic Properties Inventory Report (HPIR) for the Cater Reservoir Resiliency Project (undertaking/project) located in the City of Santa Barbara, Santa Barbara County, California, which required federal crosscutter compliance with both CEQA and Section 106 of the NHPA (also known as CEQA Plus). The report included the results of an intensive-level pedestrian survey of all built environmental resources over 45 years old within the project’s Area of Potential Effect (APE); building development and archival research; recordation and evaluation of the William B. Cater Water Treatment Facility for historical significance in consideration of federal, state, and local designation criteria and integrity requirements; and an assessment of project-related effects/impacts on historic properties/historical resources.
IRWD Santiago Dam Outlet Tower Replacement Project, Orange County, California (2023). South Environmental was retained to complete an SWRCB-compliant HPIR for the Santiago Dam and reservoir complex as part of a project proposed by the Irvine Ranch Water District (IRWD) to replace elements of the dam and its associated infrastructure, which required federal crosscutter compliance with both CEQA and Section 106 of the NHPA (also known as CEQA Plus). The historical significance evaluation includes development of a detailed historic context statement for the IRWD and Santiago Dam and examines the historical significance of the dam, reservoir, outlet tower, spillway, control house, and keeper's house as a single property in consideration of its associations with the history of Orange County's water system and its dam typology and engineering.
EMWD Mead Valley Sewer Project, Mead Valley, Riverside County, California (2023). South Environmental was retained to complete a cultural resources assessment of Alignment 1 for the proposed Eastern Municipal Water District (EMWD) project. The study included the results of a CHRIS records search of the project site and a one-mile radius; a NAHC Sacred Lands File search and informational scoping letters to local tribes; a paleontological resources records search; and an intensive pedestrian survey of the project site by a qualified archaeologist. Ms. Murray served as the Archaeological Principal Investigator and co-author of the technical report.
EVMWD Rice Canyon Reservoir Access Road and New Conduit Project, City of Lake Elsinore, Riverside County, California (2022). South Environmental was retained to complete a cultural resources technical report for the proposed project located in the City of Lake Elsinore, Riverside County, California for the Elsinore Valley Municipal Water District (EVMWD). The study included the results of a CHRIS records search of the project site and a one-mile radius; a California NAHC Sacred Lands File search and informational scoping letters to local tribes; a paleontological resources records search; and an intensive pedestrian survey of the project site by a qualified archaeologist and Native American monitor. This study was completed in compliance with both Section 106 of the NHPA and CEQA. Ms. Murray served as the Archaeological Principal Investigator and lead author of the technical report.
Los Angeles Department of Water and Power (LADWP) As-Needed Environmental Compliance Services (2016-2021). While working for her previous firm, Ms. Murray served as the cultural resources principal investigator, co-authored all technical reports, and provided quality assurance/quality control (QA/QC) of numerous technical documents for a variety of projects. Ms. Murray prepared both CEQA and CEQA Plus cultural resources documentation for a wide range of water and electrical infrastructure projects throughout LADWP’s service territory, including multiple HPIRs. When LADWP project funding sources included the SWRCB’s Drinking Water State Revolving Fund (DWSRF), applications for funding must include proof of CEQA compliance and of compliance with federal requirements. CEQA Plus documentation typically includes development of an area of potential effects, completion of a CHRIS records search, Native American coordination, intensive pedestrian survey, identification of historical resources/historic properties, and an assessment of project-related impacts/effects to both archaeological and historic built environment resources. 288
Email: [email protected]
Mobile: 661-755-6090
EDUCATION
M.S., Evolutionary Biology,
San Diego State University,
2008
B.S., Geology, emphasis in
Paleontology, South Dakota
School of Mines and
Technology, 2005
PROFESSIONAL
AFFILIATIONS
Society of Vertebrate
Paleontology (2001–present)
Geological Society of
America (2010-present)
American Association for the
Advancement of Science
(2012-present)
Justin Strauss, M.S.
PRINCIPAL PALEONTOLOGIST
Justin Strauss is a paleontological resources professional with more than 23 years of experience in the fields of paleontology and biology. He meets the Society of Vertebrate Paleontology’s definition of a Qualified Professional Paleontologist. Mr. Strauss has been involved in paleontological surveys and excavations in California, Colorado, Montana, Nevada, South Dakota, Utah, and Wyoming. He has specific expertise in the paleontological resources requirements of the California Environmental Quality Act (CEQA), Paleontological Resources Preservation Act of 2009 (PRPA), and National Environmental Policy Act (NEPA). His responsibilities include the management and reporting of paleontological resource survey, salvage, and monitoring programs, as well as training paleontological monitors on proper recording, excavation, and handling of fossil materials.
Mr. Strauss has a strong understanding of geology and is knowledgeable in animal anatomy (both invertebrate and vertebrate), and can identify many different elements, rock types and fossil remains in the field. He has extensive experience in monitoring of geologically and paleontologically significant sites and is capable of both the interpretation and creation of geologic and topographic maps. He can read and interpret aerial photographs and has extensive experience using GIS data to develop databases that store paleontological locality information, in addition to using GPS equipment to locate and document fossil localities and other paleontologically and geologically significant sites.
Mr. Strauss has had extensive involvement in the collection and excavation of fossil materials in the field from a variety of rock types, including mudstone, sandstone, and shale. He has excavated a variety of fossil materials, including invertebrate, vertebrate and plant remains. He practices the most up to date excavation techniques to ensure safe and efficient collection of fossil materials in the field. He has collected, handled, and cared for specimens of all kinds and sizes, from tiny rodent teeth to large dinosaur bones.
EXPERTISE
• CEQA, PRPA, and NEPA compliance documentation in consideration of impacts to paleontological resources.
• The identification of rock materials, interpretation of geologic events, and collection, preparation, and preservation of fossil materials.
• Design, management, and reporting of paleontological resource survey, salvage, and monitoring programs.
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Justin Strauss, M.S. Resume, Page 2
SELECT PROJECT EXPERIENCE
Jackson Street Improvement Project Phase I, City of Indio, Riverside County, California (2024-present).
South Environmental was retained to conduct paleontological resources monitoring for this project that will improve portions of Jackson Street, Avenue 50, and Avenue 52 as well as construct drainage improvements.
The project is subject to CEQA. Mr. Strauss prepared the Paleontological Resources Mitigation Plan, conducted the worker awareness training, oversees the paleontological monitors and reviews daily notes, and will prepare the final paleontological monitoring report. Role: Principal Paleontologist Elsinore Valley Municipal Water District Highway 74 16-Inch Sewer Extension from Wasson Canyon Road to Ethanac Road Project, Riverside County, California (2024-present). South Environmental was retained to provide archaeological, biological, and paleontological monitoring services for the Elsinore Valley Municipal Water District (EVMWD) Highway 74 16-Inch Sewer Extension from Wasson Canyon Road to Ethanac Road Project. The project is subject to CEQA and Mr. Strauss serves as the Principal Palentologist, overseeing all paleontological resources monitoring and reporting work. He also prepared the Paleontological Resource Impact Mitigation Program for the project.
Spruce Grove Project, Moreno Valley, Riverside County, California (2024). South Environmental was retained to complete a paleontological resources assessment for this project that would develop a 20.13- acre vacant site into commercial and multifamily residential buildings. Mr. Strauss served as Principal Paleontologist and conducted records searches and paleontological survey and was the primary author of the paleontological resources assessment report. The project was subject to CEQA.
Southwest Trailers Project, Mead Valley, Riverside County, California (2024). South Environmental was retained to complete a paleontological resources study for this project that would develop a 16-acre vacant site into a storage and maintenance facility specifically designed for truckload freight trailers. Mr. Strauss served as Principal Paleontologist and conducted records searches, paleontological survey, and authored the paleontological resources assessment report. The project was subject to CEQA. 2502 and 2518 Jefferson Street Project, Carlsbad, San Diego County, California (2024). Mr. Strauss prepared a paleontological resources assessment for this residential development project. He conducted a paleontological resources records search at the San Diego Natural History Museum, conducted pedestrian survey of the project site, and prepared a paleontological assessment in compliance with CEQA and the City of Carlsbad’s guidelines. Role: Principal Paleontologist.
Tides at Terramar Project, Carlsbad, San Diego County, California (2024). Mr. Strauss prepared a paleontological resources assessment for this residential development project. He conducted a paleontological resources records search at the San Diego Natural History Museum, conducted pedestrian survey of the project site, and prepared a paleontological assessment in compliance with CEQA and the City of Carlsbad’s guidelines. Role: Principal Paleontologist.
Solar Millennium Project – Blythe, Riverside County, California (2009). During previous employment with SWCA Environmental Consultants, Mr. Strauss conducted paleontological block survey on federal lands.
His work included the collection and minor preparation of Pleistocene fossils, primarily tortoise remains and petrified wood fragments. Work on final report for survey. Role: Paleontological Field Lead.
Solar Millennium Project – Palen, Riverside County, California (2009). During previous employment with SWCA Environmental Consultants, Mr. Strauss conducted paleontological block survey on federal lands. His work included the collection and minor preparation of Pleistocene fossils, primarily tortoise remains and petrified wood fragments. Work on final report for survey. Role: Paleontological Field Lead. 290
Email: [email protected]
Mobile: 760-207-9736
EDUCATION
B.A., Anthropology, minor in
American Indian Studies, San
Diego State University, 1995
PROFESSIONAL
AFFILIATIONS
Society for California
Archaeology
CERTIFICATIONS
Certified Archaeologist for
Unincorporated Orange
County, California
Certified Paleontologist for
Unincorporated Orange
County, California
TRAININGS
AB 52 and CEQA Training,
2016
Cultural Side of NEPA
Seminar, 2007
Traditional Cultural
Properties Management
Seminar, 2005
Senate Bill 18 of 2005
Compliance Training, 2005
CEQA Workshop and
Updated Training, 2004,
2005, and 2007
Kevin Hunt
PRINCIPAL ARCHAEOLOGIST
Kevin Hunt is a cultural resources management professional with more than 30 years of experience in California with specific expertise in the cultural resources requirements of the California Environmental Quality Act (CEQA), CEQA-Plus, National Historic Preservation Act (NHPA), and National Environmental Policy Act (NEPA). His responsibilities include the management and preparation of cultural resources studies, Native American scoping and consultation, and quality assurance and quality control for cultural resources documents. Mr. Hunt draws from his experience and training to ensure that all projects consider the full spectrum of cultural resources including archaeological, historic built environment, and tribal cultural resources. He is an expert in Native American consultation and has strong working relationships with California tribes and Native American consultants. Mr. Hunt coauthored and instructed a Native American monitor training course at the Cahuilla Reservation in 2005. Mr. Hunt also served on the City of Oceanside’s Historic Preservation Advisory Commission from 2020-2023, when he moved out of the city.
In addition to experience with cultural resources, Mr. Hunt has managed multidisciplinary projects that included biological and paleontological resources services. Mr. Hunt has conducted paleontological monitoring and salvage and is approved by the County of Orange as a paleontologist and the City of San Diego as a paleontological monitor.
EXPERTISE
• CEQA, CEQA-Plus, NEPA, and Sections 106 and 110 of the NHPA compliance documentation in consideration of impacts to historical, archaeological, and tribal cultural resources, and historic properties.
• Resource significance evaluations in consideration of National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), and local designation criteria.
• Design and execution of archaeological data recovery programs for mitigation of impacts/effects to significant archaeological resources.
• Management of cultural resources and multidisciplinary construction monitoring programs.
• Third party peer review of cultural resources technical studies and environmental document sections.
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Kevin Hunt Resume, Page 2
RELEVANT PROJECT EXPERIENCE
Valley Sanitary District Pipeline Rehabilitation & Replacement Program, Indio, Riverside County (2021). During previous employment, Mr. Hunt served as Principal and Project Manager of the cultural resources study for this program that consists of a total of 371 segments or point locations throughout the District’s service area. The study included a cultural resources records search, Sacred Lands File search and Native American scoping, windshield survey of paved project alignments, pedestrian survey of accessible unpaved alignments, and preparation of a technical report in compliance with CEQA. The study recommended a finding of no impacts to archaeological resources under CEQA.
Valley Sanitary District Water Reclamation Plant Project, City of Indio, Riverside County (2020).
During previous employment, Mr. Hunt served as Principal and Project Manager of Historic Property Inventory Report (HPIR) for this project subject to the California State Water Quality Control Board’s CEQA-Plus. The HPIR included delineation of the undertaking’s Area of Potential Effects (APE), a cultural resources records search, Sacred Lands File search and Native American scoping, pedestrian survey of the APE, and preparation of the HPIR. The HPIR identified no cultural resources within the APE.
Jackson Street Improvement Project Phase I, City of Indio, Riverside County, California (2024- present). South Environmental was retained to conduct paleontological resources monitoring for this project that will improve portions of Jackson Street, Avenue 50, and Avenue 52 as well as construct drainage improvements. The project is subject to CEQA and Mr. Hunt serves as the Task Manager, coordinating with the engineering and construction team and scheduling paleontological monitors.
Elsinore Valley Municipal Water District Highway 74 16-Inch Sewer Extension from Wasson Canyon Road to Ethanac Road Project, Riverside County, California (2024-present). South Environmental was retained to provide archaeological, biological, and paleontological monitoring services for the Elsinore Valley Municipal Water District (EVMWD) Highway 74 16-Inch Sewer Extension from Wasson Canyon Road to Ethanac Road Project. Mr. Hunt serves as the cultural and paleontological resources Task Manager, coordinating with the engineering and construction team and scheduling archaeological and paleontological monitors. He also provided the cultural resources worker environmental awareness program training.
EVMWD Rice Canyon Reservoir Access Road and New Conduit Project, City of Lake Elsinore, Riverside County, California (2022). South Environmental was retained to complete a cultural resources technical report for EVMWD. Efforts included the results of a CHRIS records search of the project site and a one-mile radius with the Eastern Information Center; a NAHC Sacred Lands File search and informational scoping letters to local tribes; a paleontological resources records search; and an intensive pedestrian survey of the project site by a qualified archaeologist and Native American monitor.
Mr. Hunt conducted the pedestrian survey of the project site. South Environmental also assisted the District with its AB 52 obligations, including participating in meetings with tribes. This study was completed in compliance with Section 106 of the NHPA and CEQA.
Valley Center Municipal Water District Pipeline Replacement Program, Valley Center, San Diego County, California (2019-2021). During previous employment, Mr. Hunt served as Project Manager and Senior Cultural Resources Specialist. He completed and managed a CEQA-Plus cultural resources study for this program of ten pipeline replacement projects. The study included area of potential effects (APE) delineation, a cultural resources records search, Native American scoping, pedestrian survey of miles of alignment, and preparation of a technical report with appropriate tables and figures. The report was revised when a new project was added, another dropped, and others modified. Mr. Hunt also assisted the District with AB 52 consultation with interested Native American tribes. 292
Email: [email protected]
Mobile: 303-818-3632
EDUCATION
B.S., Wildlife Ecology, University
of Wisconsin-Madison, 2004
CERTIFICATIONS
Certified Wildlife Biologist, The
Wildlife Society 2014
Certified Technical Service
Provider (TSP) for Fish and
Wildlife Management Plans,
USDA NRCS 2017
Authorized Desert Tortoise
Biologist – Numerous BOs
Unmanned Aircraft System Pilot
Certification, FAA #4177603
TRAINING
Wetland Delineation Training
Course – The Wetland Institute
(2014)
Southwest Willow Flycatcher
Workshop, 2017
USGS Desert Tortoise Health
Assessment and Tissue
Collection Techniques Training,
2009
Matthew South
PRINCIPAL BIOLOGIST
Matthew South founded South Environmental in 2018. He is a certified wildlife biologist with nearly 20 years’ of professional experience providing natural resources consulting services for a wide variety of clients that include residential, commercial, government, utility, infrastructure, research, and non-profit projects. For the last 15 years, Mr. South has been an environmental consultant in southern California acting as a Wildlife Biologist and Geographic Information System (GIS) Analyst. In early 2018 he started South Environmental and has since been supporting clients in Los Angeles, Ventura, Santa Barbara, San Bernardino, and Riverside Counties.
Mr. South’s background in ecology has led to a passion for conservation planning and resources assessments for the purpose of preservation and management. The integration of the latest technologies such as advanced GIS systems, mobile computing, and drone sensing allows him to innovate new data collection, analysis, and collaboration tools for the environmental sciences that produce more accurate data and better-informed resource managers.
EXPERTISE
• Conservation and Management Planning. Mr. South’s has extensive experience preparing mitigation and monitoring plans, habitat conservation plans, and technical biological resources management plans that are compliant with federal, state, and local regulations. Mr.
South has prepared numerous reports within conservation areas such as the Western Riverside County Multiple Species Habitat Conservation Area (MSHCP) and the LA County Significant Ecological Areas (SEAs). • Biological Resources Assessment. Mr. South has completed dozens of biological resources assessments throughout southern California. • Rare Plants and Arborist Services. Mr. South has surveyed and assessed thousands of native and landscaped trees in southern California. He is a certified arborist with six years of tree survey experience working closely with some of the most experienced arborists in California. In addition, he has performed hundreds of hours of rare plant surveys and habitat assessments.
• Wetland & Jurisdictional Delineations. Mr. South has conducted dozens of jurisdictional and wetland delineations per the guidelines and methods from the US Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), and the state Regional Water Quality Control Boards (RWQCB).
• GIS. Mr. South is an expert at spatial data collection and analysis using ESRI mobile and desktop software products and Trimble hardware. 293
Matthew South Resume, Page 2
SELECT PROJECT EXPERIENCE
Jackson Street Improvement Project Phase I, City of Indio, Riverside County, California (2024-present).
South Environmental was retained to conduct paleontological resources monitoring for this project that will improve portions of Jackson Street, Avenue 50, and Avenue 52 as well as construct drainage improvements.
The project is subject to CEQA and Mr. South serves as the biological resources Task Manager, overseeing preconstruction burrowing owl survey, preconstruction roosting bat survey, and nesting bird survey tasks.
Elsinore Valley Municipal Water District Highway 74 16-Inch Sewer Extension from Wasson Canyon Road to Ethanac Road Project, Riverside County, California (2024-present). South Environmental was retained to provide archaeological, biological, and paleontological monitoring services for the Elsinore Valley Municipal Water District (EVMWD) Highway 74 16-Inch Sewer Extension from Wasson Canyon Road to Ethanac Road Project. Mr. South serves as the biological resources Task Manager, overseeing sensitive biological resources flagging, pre-construction burrowing owl surveys, and preconstruction nesting bird surveys if work extends into the nesting season.
EVMWD Rice Canyon Reservoir Access Road and New Conduit Project, City of Lake Elsinore, Riverside County, California (2022-present). South Environmental was retained to complete biological and cultural resources services. Biological resources work included a Jurisdictional Delineation Report, a Biological Resources Assessment/MSHCP Consistency Analysis, Rare Plant Surveys, Burrowing Owl Surveys, and mitigation planning. Matthew South was the Principal Biologist on the project.
Moreno Valley Dracaea Street Improvements Plan Tract 32834, City of Moreno Vally, Riverside County, California (2023-present). South Environmental completed a jurisdictional delineation for the project and obtained permits from the CDFW and RWQCB for the road improvements project. We conducted focused surveys for least Bell’s vireo and for burrowing owls and prepared focused survey reports. Mr. South was the lead biologist that conducted the field survey, prepared the reports, and negotiated the permits.
Southwest Trailers Project, Riverside County, California (2024). South Environmental was retained to complete a Biological Resources Assessment and Western Riverside County MSHCP Consistency Analysis Report. Mr. South served as the Principal Biologist on this proposed gas station development project.
Market Street Triangle Project, City of Jurupa Valley, Riverside County, California (2024). South Environmental was retained to complete a Biological Resources Assessment and Western Riverside County MSHCP Consistency Analysis Report and a focused burrowing owl survey. Mr. South served as the Principal Biologist on the Project.
Bob’s Big Boy Project, City of Calimesa, Riverside County, California (2024). South Environmental was retained to complete a Biological Resources Assessment and Western Riverside County MSHCP Consistency Analysis Report and a focused burrowing owl survey. Mr. South served as the Principal Biologist on the Project.
Spruce Grove Project, City of Moreno Valley, Riverside County, California (2024). South Environmental was retained to complete a Biological Resources Assessment and Western Riverside County MSHCP Consistency Analysis Report and a focused burrowing owl survey. Mr. South served as the Principal Biologist on this proposed housing development Project.
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©MD Acoustics, LLC | All Rights Reserved 22
Mike Dickerson has a passion for the science of sound and vibration and has worked professionally in acoustical engineering since 2002. He received his Bachelor of Science degree in Physics, emphasizing in acoustics from Brigham Young University in Utah. He is currently a member of the Institute of Noise Control Engineers (INCE). Motivated by professional growth and opportunity, Mr.
Dickerson formed his own acoustical engineering firm, MD Acoustics in 2012.
Mr. Dickerson’s versatile experience includes leading and assisting in the design and review of many facets of acoustical engineering and air quality projects, including but not limited to: air/ noise assessments, ceiling/floor assembly design, architectural design, acoustical product design, vibration analysis and noise mitigation strategies.
Prior to starting his own consulting firm, Mr. Dickerson worked for Sony Entertainment, Parsons, and RK Engineering. He has successfully completed over 4,200 acoustical/air quality assessment reports for various engineering companies, municipalities and other agencies (both public and private). His strategic project planning and cost effective management solutions enabled him to excel in the field of Acoustics and project management.
In 2011, Mr. Dickerson was asked to present a paper at the Acoustical Society of America Seattle, Washington Conference on his research and work on noise and vibration in Cockpit Door Modules.
MD continues to work closely with many engineering disciplines and provides quality results.
Mike Dickerson Jr., INCE
Principal
Education Affiliations & Awards
Brigham Young University
B.S., Physics (Acoustics), 2005
Institute of Noise
Control Engineers (INCE)
Acoustical Society
of America (ASA)
BYU Acoustic Research Group
Association of Environmental
Planners (AEP)
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Representative Project Experience
Interior Noise Isolation Analysis
• Monterrey Park Residential and Hotel Mixed Use
Development, Monterrey Park, CA
• 57 Wheeler Mixed Use Development, Arcadia, CA
• Melrose Triangle Mixed Use Development, West
Hollywood, CA
• Britanna at Oyster Point, South San Francisco, CA
• Marina City Club, Marina Del Rey, CA
• Wells Fargo Corporate Office, Chandler, AZ
• Peoria Sports Complex – Seattle Mariners Lobby,
Peoria, AZ
• Intel Corporation CH5-216/217, Chandler, AZ
• Revolt Studio, Hollywood, CA
• Mammoth Rock and Bowl, Mammoth Lakes, CA
• Rubios Restaurant, San Diego, CA
• Americana at Brand, Glendale, CA
• 6300 Hollywood Blvd Retail Space, Hollywood, CA
• Calvary Church Renovations, Santa Ana, CA
Noise Impact Study
• Central Metal Incorporated Reclamation Plant
Expansion, Los Angeles, CA
• Sonora Commons – North Gateway Transfer
Station, Phoenix, AZ
• Great Wolf Lodge Development, Garden Grove, CA
• SuperStar Car Wash All Locations - Corporate
Account
• City of San Marcos Noise Element Update, San
Marcos, CA
Oil and Gas Noise and Vibration Assessment
• La Goleta Storage Field Enhancement, Santa
Barbara County, CA
• Whittier Workman Mill Road Oil Rig Drilling
Operation, Los Angeles County, CA
• La Goleta Storage Compressor Vibration, Santa
Barbara County, CA
• Mills Station Excavation Noise and Vibration,
Ventura, CA
Highway/Airport/Rail Noise and Vibration
• Caltrans Yucaipa Bridge Box Culvert Improvement,
Yucaipa, CA
• Caltrans SR-110 Freeway Expansion, Los
Angeles, CA
• Jackson Hole Airport Noise Contours and Flight Path
Evaluation, Jackson Hole, WY
• Light Rail Transit Exposition Blvd to Culver Dr, Los
Angeles, CA
Telecommunications
• T-Mobile Telecommunication Tower, Calabasas, CA
• T-Mobile Telecommunication Tower, Malibu, CA
• Verizon Wireless Telecommunication Tower, Santa
Clarita, CA
Construction Noise and Vibration
• La Goleta Storage Field Enhancement (1-yr
construction monitoring), Santa Barbara County, CA
• Westin Bonaventura Hotel, Los Angeles, CA
• Railroad Canyon Road Expansion, Riverside, CA
Industrial Noise and Vibration Assessment
• Intel Corporation – Noise Evaluations
• Hexcel Corporation Dust Collector Noise &
Vibration, Casa Grande, AZ
• ABB Inverter Operation Noise and Vibration,
Tempe, AZ
• Pacific Scientific Shaker Room, Chandler, AZ
Air Quality & Greenhouse Gas Assessment
• KPC Mixed Use Development, San Jacinto, CA
• TTM 36627 Residential Development, Hemet, CA
• Smart and Final, Highland, CA
• Bellflower Multi-family Development, Bellflower, CA
• Golden Gate National Park Recreation Area, San
Mateo, CA
• RAW removal of Contaminated Soils AQ/GHG,
Glendora, CA
• Nance Street Warehouse Development, AQ/GHG/
HRA, Perris, CA
• Hyssop Drive Warehouse AQ/GHG/HRA, Rancho
Cucamonga, CA
• Mojave Water Agency Pipeline AQ/GHG,
Victorville, CA
• Shinohara Warehouse AQ/GHG/HRA, Chula
Vista, CA
Mike Dickerson Jr., INCE
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©MD Acoustics, LLC | All Rights Reserved 24
Semiconductor Noise/Vibration Evaluations
• NXP Semiconductor – Building M – Vibration
Isolation Design/Modifications
• NXP Semiconductor – PCW Pump Isolation Vibration
Isolation Design
• NXP Semiconductor – HVAC Duct Silencer and
Acoustical Design
• NXP Semiconductor – Demising Wall Evaluation and
Redesign
• CyrusOne Data Center – Chiller Noise Evaluation
and Noise Abatement
Mechanical Equipment (HVAC) Noise and
Vibration Assessment
• Kaiser Hospital AHU Louver Replacement – Acoustics
Review/Design, San Francisco, CA
• Northern Arizona University – Communication
Building Redesign of Mechanical Systems – Noise
and Vibration Abatement Assessment and Design
Recommendations, Flagstaff, AZ
• UCLA Call Center HVAC Equipment Noise and
Vibration Design Review and Recommendations,
Agoura Hills, CA
Film and Entertainment Noise and Vibration
Assessment
• Revolt Studio, Hollywood, CA
• University of Arizona, HSIB, Acoustics Evaluation and Design, Tucson, AZ
• The Van Buren, Phoenix, AZ
• Down to Shop Studios, Los Angeles, CA
Court Cases
• Miller/Botkin v. Roper Construction, Lincoln County,
NM (D-1226-CV-2021-00261)
• Mirabella v. Shady Park, Tempe, AZ (Case No:
CV2021-016159)
• Sanctuary at Desert Ridge, Scottsdale, AZ
• Westfield Mall, Topanga Canyon Blvd., Woodland
Hills, CA
• Water Hauling Operations, Phoenix, AZ
• Mobile Radio Patent infringement, Calfee Attorneys
• Foghorn Noise Acoustic Evaluation and Noise
Review, Oxnard, CA
Ordinances
• Flagstaff Police Department and City of Flagstaff
Noise Ordinance, 2022
• Flagstaff Parks Noise Ordinance, Flagstaff, AZ, 2018
• Queen Creek Noise and Vibration for Well Drilling,
Queen Creek, AZ
• Fountain Hills Noise Ordinance, Fountain Hills, AZ
• Paradise Valley Special Event Noise, Paradise Valley, AZ
Product Development/Testing
• Wrap Technologies, BolaWrap, Silencer Suppressor,
2019/2020
• International Drying Corporation - Stealth Dryer
Systems
• International Drying Corporation - Impeller Design
• International Drying Corporation - Silencer Design
• International Drying Corporation - Mechanical
Engineering/Flat Piece Design/Machining
• Sound Cave Laboratory, Anechoic Chamber
Representative Project Experience - continued
Mike Dickerson Jr., INCE
Go Back to Meet the Team ↑
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©MD Acoustics, LLC | All Rights Reserved 25
Mike Dickerson Sr., INCE, ASME,
INCOSE, ASA
Principal
Michael Dickerson Sr. has worked in sound, controls, and vibration for 45 years. He has worked professionally in acoustical engineering since 1978. He received his Bachelor’s and Master of Science degrees in Mechanical Engineering, from Brigham Young University in Utah. He is currently a member of the Institute of Noise Control Engineers (INCE), International Council of System Engineers (INCOSE), American Society of Mechanical Engineers (ASME) Acoustical Society of America (ASA) and provides papers and training to the various engineering societies.
Mr. Dickerson Sr. continues to successfully build and develop MD Acoustics LLC through marketing and team-building efforts.
Mr. Dickerson’s varied experience started in the NAVY as a Nuclear Power officer in the Submarine service. After that, the computer industry worked at UNIVAC designing impact printers from a noise and vibration standpoint. The main goal was to successfully design quieter impact printers. He then worked at DataProducts leading a team of engineers to design printers for the “at the time” world’s largest printer manufacturer. During his time at DataProducts he consulted with Bolt Beranek and Newman assisting in the design and review of many facets of acoustical engineering projects. He then moved to the DOD and space industries working on Aircraft, Helicopters, and Spacecraft noise, vibration, and design. He was Manager of Engineering Analysis, Manager of Mechanical Engineering, and Chief Engineer of various Space and Military weapon systems. He worked at the NASA Jet Propulsion Lab for 10 years developing new products. In addition, he worked for AeroVironment Inc. as a Sr. System Engineer developing the unmanned aerial vehicle.
Mr. Dickerson Sr. has written several papers on System Engineering for the INCOSE Insight and was President of the LA Chapter in 2005.
In 2011, Mr. Dickerson was asked to present a paper at the Acoustical Society of America Seattle, Washington Conference on his research and work on noise and vibration in Cockpit Door Modules. MD continues to work closely with many engineering disciplines and provides quality results.
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©MD Acoustics, LLC | All Rights Reserved 26
Education Affiliations & Awards
Brigham Young University
B.S., Mechanical Engineering, 1971
M.S., Mechanical Engineering
(Controls and Vibrations), 1971
United States Navy - Nuclear
Power School
Institute of Noise
Control Engineers (INCE)
Acoustical Society
of America (ASA)
International Council of System
Engineers (INCOSE)
American Society of Mechanical
Engineers (ASME)
Awarded Patent on Process Control
and Monitoring of Variable
Air Volumes for Metering
Pneumatically controlled practices
bomb ejector
Representative Project Experience
Architectural Acoustics Assessment/Design
• Intel Corporation CH5-216/217, Chandler, AZ
• Revolt Studio, Hollywood, CA
• Mammoth Rock and Bowl, Mammoth Lakes, CA
• Rubio’s Restaurant, San Diego, CA
• Vista Del Mar Residential Development, Dana
Point, CA
• Americana at Brand, Glendale, CA
• 6300 Hollywood Blvd Retail Space, Hollywood, CA
• Calvary Church Renovations, Santa Ana, CA
• Down To Shop TV Studio Noise Study and
Recommendation, Los Angeles, CA
• XTEN North Flores Multi-Residential Development,
West Hollywood, CA
Noise and Vibration Assessment
• Central Metal Incorporated Reclamation Plant
Expansion, Los Angeles, CA
• Whittier Workman Mill Road Oil Rig Drilling
Operation, Los Angeles County, CA
• La Goleta Storage Compressor Vibration, Santa
Barbara County, CA
• Vineland Gas Station and Car Wash, Los Angeles, CA
• Lakeview Terrace Gas Station & Car Wash, Los
Angeles, CA
• Sonora Commons – North Gateway Transfer Station,
Phoenix, AZ
• Van Buren Blvd Express Car Wash, Riverside, CA
• Broadway Gas Station and Car Wash, Los
Angeles, CA
• Riverside Car Wash and Retail, Jurupa Valley, CA
• Hog Wash Car Wash, Phoenix, AZ
• Soto St Car Wash, Los Angeles, CA
• MaClay Service Station and Car Wash,
San Fernando, CA
• Quick Quack Car Wash, Cave Creek, AZ
• Quick Quack Car Wash, Reno NV
• Super Star Express Car Wash, Apache Junction, AZ
• Super Star Express Car Wash, Vista, CA
• Super Star Express Car Wash, Mesa, AZ
• Mills Station Excavation Noise and Vibration,
Ventura, CA
• Westfield Mall Topanga Canyon 24HR Fitness and REI
Los Angeles, CA
• Glass House Farms Cultivation Facility, Cathedral
City, CA
• Red Valle Vista 7-Eleven, Riverside County, CA
• Coachella Festival, Coachella CA
• Estrella Commons Residential Development,
Goodyear, AZ
• Berylwood Park Skatepark, Simi Valley, CA
• Marshalls – Del Amo Plaza, Torrance, CA
• Ellis Commons Senior Housing Blasting, Perris, CA
• Canyon Creek Blasting, San Diego, CA
• Pico Blvd Multi-Family Development Cat32,
Los Angeles, CA
• Cyrus One Trane Chillers, Chandler, AZ
• Warner Ave Vault Resonance, Huntington
Beach, CA
• NXP Semiconductor Fabrication Noise Evaluation,
Chandler, AZ
• Foundation for Blind Children, Phoenix, AZ
• SRP Wire Grinder, Phoenix, AZ
Mike Dickerson Sr., INCE, ASME, INCOSE, ASA
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©MD Acoustics, LLC | All Rights Reserved 27
Noise and Vibration Assessment - continued
• Scottsdale Gun Club, Scottsdale, AZ
• Chandler Police Department, Chandler, AZ
• Victoria Promenade, Studio X, Rancho
Cucamonga, CA
• 11940 Foothill, demising wall problem, Rancho
Cucamonga, CA
• Church to Church Demising Wall noise,
Chandler, AZ
Oil and Gas Noise and Vibration Assessment
• La Goleta Storage Field Enhancement, Santa
Barbara County, CA
• Whittier Workman Mill Road Oil Rig Drilling
Operation, Los Angeles County, CA
• La Goleta Storage Compressor Vibration, Santa
Barbara County, CA
• Mills Station Excavation Noise and Vibration,
Ventura, CA
Highway/Airport/Rail Noise and Vibration
• Caltrans Yucaipa Bridge Box Culvert Improvement,
Yucaipa, CA
• Caltrans SR-110 Freeway Expansion, Los
Angeles, CA
• Long Beach Airport Garage Demolition, Long
Beach, CA
• El Segundo Interior noise assessment from LAX
Noise Corridor El Segundo CA
• Valley Circle Project – State Route 101 Bridge
No. 53-0468, 53-0301 and 53-466 Vibration
Monitoring and Mitigation
• Caltrans 7000003911 I-5 North County
Enhancements Project Noise Monitoring Training
Telecommunications
• T-Mobile Telecommunication Tower, Calabasas,
CA
• T-Mobile Telecommunication Tower, Malibu, CA
• Verizon Wireless Telecommunication Tower, Santa
Clarita
• EAS T-Mobile Cell Tower, Brentwood, CA
• ATT White Star Cell tower, San Diego, CA
• Sprint Cell Tower, Calaveras County, CA
• ATT Cell Tower, Hillsborough, CA
• ATT El Cajon, El Cajon, CA
• Sprint Pinto Lake Cell Tower, Santa Cruz,
• ATT Cell Tower, Dover, MA
• ATT Cell Tower, Poway, CA
Construction Noise and Vibration
• La Goleta Storage Field Enhancement (1-yr
construction monitoring), Santa Barbara County, CA
• Westin Bonaventura Hotel, Los Angeles, CA
• Long Beach Airport, Long Beach, CA
• French Valley Airport Development, Riverside
Co., CA
• Cameron Ave Surf Thru Express Car Wash Noise
Compliance, Visalia, CA
Industrial Noise and Vibration Assessment
• Hexcel Corporation Dust Collector Noise &
Vibration, Casa Grande, AZ
• ABB Inverter Operation Noise and Vibration,
Tempe, AZ
• Pacific Scientific Shaker Room, Chandler, AZ
• Skyworks Solutions Apple Noise assessment,
Newbury Park, CA
Air Quality & Greenhouse Gas Assessment
• Golden Gate National Park Recreation Area, San
Mateo, CA
• RAW removal of Contaminated Soils AQ/GHG,
Glendora, CA
Court Cases
• Sanctuary at Desert Ridge, Scottsdale, AZ
• Westfield Mall, Topanga Canyon Blvd., Woodland
Hills, CA
• Mobile Radio patent infringement, Calfee Attorneys
• Foghorn Noise Acoustic Evaluation and Noise
Review, Oxnard, CA
• Bamshad v. Regency Owners’ Association, LASC
Case No. 19VEGV00242. Dickens St. Sherman
Oaks, CA
• Civil Code 910 and 6000
Ordinances
• Flagstaff Parks Noise Ordinance, Flagstaff, AZ
• Queen Creek Noise and Vibration for Well Drilling,
Queen Creek, AZ
Product Development/Testing
• Airbus 350 and 380Cockpit Doors
• Wrap Technologies, BolaWrap, Silencer Suppressor,
2019/2020
• International Drying Corporation – System design
• Fort Huachuca Anechoic chamber deployment and
certification
Representative Project Experience - continued
Mike Dickerson Sr., INCE, ASME, INCOSE, ASA
Go Back to Meet the Team ↑
300
INTEGRATEDENGINEERING GROUP
TRANSPORTATION PLANNING AND ENGINEERING
www.intenggroup.com
George Ghossain Education:
Principal Engineer, P.E., MSCE, MPA B.S. Civil Engineering, San Diego State University, San Diego, CA M.S. Civil Engineering, CAL POLY Pomona, Pomona, CA
M.P.A. CAL POLY Pomona, Pomona, CA
Certification:
Professional Engineer, California License #TR 2786
PROFESSIONAL BIOGRAPHY
George is a Principal Engineer at Integrated Engineering Group (IEG) with over 22 years of experience in the public and private sectors. During his professional years in the public sector, George had the opportunity to review, manage and lead large scale and complex City projects where he developed the vision and technical approach needed to successfully complete these projects. Additionally, he took a lead role in the development and implementation of a successful partnering commitment between various departments within the organization and with other regional regulatory agencies such as SANDAG, Caltrans and MTS. George also took a lead role in the professional consultant selection process which he managed during the technical study preparation period and approval process of the projects. As a consultant, George developed an extensive experience in the preparation of parking studies, traffic impact analysis (TIA) and vehicle miles traveled (VMT) assessment reports for general plans, community plans, specific plans and large-scale private developments and capital improvement projects (CIP). He also prepared mobility and multimodal studies to balance all modes of transportation on neighborhood and community scale levels. Throughout his professional career in the public and private sectors, George had the opportunity to attend numerous public hearings and conduct transportation related presentations and public open houses as part of the public outreach engagement process.
PROJECT EXPERIENCE SAMPLE
Comprehensive Community Plan Updates
Comprehensive Community Plan Updates (Ocean Beach, Uptown, North Park, and Golden Hill Community Plans), San Diego, CA: Supervising Project Engineer, Public Sector.
City of Colton General Plan Circulation Element, Colton, CA: Project Engineer.
Comprehensive Community Plan Amendments & Specific Plans University City Community Plan Amendment, San Diego CA: Supervising Project Engineer.
Quarry Falls Master Plan & Traffic Impact Study, San Diego, CA: Project Engineer.
Pellissier Ranch Specific Plan, Colton, CA: Project Engineer.
Transportation Impact Studies (TIA) and Vehicle Miles Traveled (VMT) Calexico Port of Entry TIA, Calexico, CA: Task Manager.
Coachella Airport Business Park Project TIA & VMT, City of Coachella, CA: Project Engineer.
Wildomar Trail Town Center TIA & VMT, City of Wildomar, CA: Project Engineer.
Two Bunch Palms RV Park TIA & VMT, City of Desert Hot springs, CA: Project Engineer.
Maverick Gas Station TIA & VMT, City of Desert Hot springs, CA: Project Engineer.
Lincoln Colony Apartments TIA & VMT, City of Anaheim, CA: Project Engineer.
Mission Avenue and Rock Springs Gas Station TIA & VMT, City of Escondido, CA: Project Engineer. Service Station TIA & VMT, City of Murrieta, CA: Project Engineer.
Central Avenue Commercial Retail VMT, County of Riverside, CA: Project Engineer.
Central Avenue Gas Station VMT, County of Riverside, CA: Project Engineer.
State Street Extension Project TIA, City of San Bernardino, CA: Project Engineer. 301
INTEGRATEDENGINEERING GROUP
TRANSPORTATION PLANNING AND ENGINEERING
www.intenggroup.com
Warehouse Trucking Facility TIA, City of Rialto, CA: Project Engineer.
Service Station and Restaurant TIA, City of Chino, CA: Project Engineer.
Church at the Red Door TIA, City of Indio, CA: Project Engineer.
Dutch Bros Coffee Shop TIA, City of Indio, CA: Project Engineer.
San Ysidro Port of Entry TIA and Mobility Studies, San Ysidro, CA: Task Manager. SANDAG Hillery Drive Direct Access Ramp TIA, San Diego, CA: Project Engineer. Interstate 805 Managed Lanes Traffic Impact Study, San Diego, CA: Task Manager. Santiago Residential Project TIA, City of Temecula, Ca: Project Engineer.
Horseshoe Lake Park Project TIA, Jurupa Valley, CA: Project Engineer.
Vernola Family Park Project TIA, Jurupa Valley, CA: Project Engineer.
Adelanto High School TIA, San Bernardino, CA: Project Engineer.
Banning Gateway Industrial Park TIA, Banning, CA: Project Engineer.
Islamic Center TIA, City of Temecula, CA: Project Engineer. 20th Street West Development Traffic Impact Study, Palmdale, CA: Project Engineer.
Hood boulevard Shopping Center TIA & VMT, City of Victorville, CA: Project Engineer Kroger Gas Station TIA & VMT, Cathedral City, CA: Project Engineer 40th Street & Avenue S TIA & VMT,City of Palmdale, CA: Project Engineer Palmdale Blvd & 5th St West Shopping Center TIA & VMT,City of Palmdale, CA: Project Engineer Coffee Shopping Center TIA & VMT,City of Bakersfield, CA: Project Engineer Valley Shopping Center TIA & VMT,City of Sacremento, CA: Project Engineer Corridor Studies
Date Palm Drive Corridor Connector Plan, Cathedral City, CA: Project Engineer.
SCAG Compass Blueprint Highway 99 and Indio Boulevard, Indio, CA: Project Engineer.
Downtown Streetscape Project, Phase One - 4th Street, San Bernardino, CA: Project Engineer.
Peer Review
Prologis Park Traffic Study Peer Review, Moreno Valley, CA: Project Engineer.
Colton Soil Safe Improvement Project, Colton, CA: Project Engineer.
Parking Studies
Fairfield Inn Hotel Parking Study, City of Simi Valley, CA: Project Engineer Banning Gateway Project Parking Study, City of Banning, CA: Project Engineer.
Town Place Square Parking Study, Rancho Cucamonga, CA: Project Engineer.
PIMA Vista Medical Institute Parking Analysis, Vista, CA: Project Engineer. 302
Kevin L. Paul, PE, GE
Principal Geotechnical Engineer
With over 25 years of experience in the geotechnical engineering, materials engineering, materials testing and inspection, and environmental services field, Mr.
Kevin Paul specializes in public works, essential services, educational and renewable energy projects. He has been the geotechnical engineer for numerous public works projects for numerous jurisdictions throughout southern California, including bridges, roadways, water and sewer supply and infrastructure, and buildings. As principal geotechnical engineer, he provides direct geotechnical engineering oversight. Mr. Paul is an experienced project manager, with the responsibility of assuring high quality subsurface study, data analysis, and budget management. He is directly involved in development of project scopes and proposals, coordination and preparation of project teams, direction of fieldwork, personnel and equipment, laboratory testing and analysis, and report preparation. He serves as the Engineer-of-Record for Earth Systems’ Bermuda Dunes materials testing laboratories for AASHTO re:Source (formerly AMRL) and Cement and Concrete Reference Laboratory (CCRL) accreditation, California Department of Transportation (Caltrans) certified laboratory, and Division of State Architect (DSA) Laboratory Evaluation and Acceptance (LEA) programs.
AREAS OF EXPERTISE
• Geotechnical engineering studies, including subsurface exploration, laboratory testing of soil samples, engineering analyses, and report preparation • Geotechnical aspects of mass grading and excavation operations • Geotechnical aspects of shoring design
• Geotechnical parameters for shallow and deep foundation systems • Supervision of grading observation and special inspection personnel during construction activities
• Engineering analyses relating to seismically induced and static settlements, slope stability, soil liquefaction, and slope stabilization • Reclamation of existing pavements, such as in-place pulverization and cement stabilization
• Third‐party reviews of geotechnical reports
PROJECT EXPERIENCE
• Valley Sanitary Training Office & Lab Buildings, Indio, CA • Serena Park Phase 1 Environmental Site Assessment, Palm Springs, CA • Jersey Blvd. & Milliken Ave. Environmental Review, Racho Cucamonga, CA • Horseshoe Lake Park, Jurupa Valley, CA (Partnered with Altum Group) • Speedway Commerce Center, Environmental Impact Report Review, Rancho Cucamonga, CA (Partnered with Altum Group)
• Kroger Store 308, Cathedral City, CA (Partnered with Altum Group) • Crossings at La Quinta, La Quinta, CA (Partnered with Altum Group) • Glamis Specific Plan, Holtville, CA (Partnered with Altum Group) • Vernola Family Park, Jurupa Valley, CA (Partnered with Altum Group) • Groundwater Monitoring, Tribal Land (confidential), Palm Springs, CA
REGISTRATIONS AND CERTIFICATIONS
Registered Professional Engineer
(Geotechnical), State of California, (No.
2930)
Registered Professional Engineer (Civil),
State of California, (No. 70084)
Registered Professional Engineer (Civil),
State of Arizona, (No. 53526)
Registered Professional Engineer (Civil),
State of Nevada, (No. 22338)
Certified Radiation Safety Officer
OSHA 40 Hour safety trained
Loss Prevention System (LPS) Program
Trained
Exxon Mobil Oil Corporation, Loss
Prevention System Safety Program Trained
Qualified Project Manager, Kleinfelder
Project Manager Qualification System
Personal Leadership Essentials, 16 Hour
Course
Principal Leadership Course, 16 Hour
Course
EDUCATION
B.S., Civil Engineering, Ryerson Polytechnic
University, Toronto, Canada
AWARDS
Excellence Award for Major Retail,
Commercial and Industrial Project
Excellence, Technical Training Seminar,
Best Project/Project Management for 75-
million-dollar renovation of the Galleria at
Tyler Mall in Riverside, California. Company
Fees over $1.5 million.
American Society of Civil Engineers – Flood
Management Project of the Year –
Riverside County Flood Control and Water
Conservation District - Eagle Canyon Dam
and Debris Basin – Riverside and Los
Angeles Chapter and California award
winner.
PROFESSIONAL AFFILIATIONS
Lifetime Member, Golden Key International
Honor Society
EMAIL
303
ALEXANDER SCHRIENER
Environmental Geologist
Schriener has over 40 years of experience as an alternative energy, natural resource environmental geologist. He is experienced in all phases of environmental assessment m project scoping, field investigation, data analysis, and site remediation, and post-study sultation. His project experience includes preparation of Phase I and Phase II ironmental Site Assessments (ESAs), and Initial Site Assessments (ISA). Mr. Schriener has ertise in geothermal resources, including exploration, well-drilling, development, and ource management. He obtained a Bachelor of Science degree in Geology from the versity of Washington, and a Master of Science degree in Geology from Oregon State versity. He has authored several technical papers that have been included in blications issued by the Geologic Society of America and Association of Petroleum ologists, among others, as well as numerous geology field trip guidebooks.
AREAS OF EXPERTISE
• Phase I and Phase II Environmental Site Assessments
• Phase III site remediation and closure
• Initial Site Assessments (Caltrans and Caltrans Local Assistance Projects) • Geothermal resource management, development and exploration. • Geothermal energy management and well drilling
• Hazards/Hazardous Materials Assessment (CEQA)
• Peer Review
• Delineation of contaminant plumes
• Monitoring well installation and development
• Groundwater monitoring and sampling
PROJECT EXPERIENCE
• Horseshoe Lake Park, Jurupa Valley, CA (Partnered with Altum Group) • Twentynine Palms Band of Mission Indians Projects –
o San Bernardino County (Numerous Projects)
o Riverside County (Numerous Projects)
• Desert View Power Plant, Mecca, CA
• City of Indio Environmental Site Assessment, 18 Acres and 57 APNs, Indio, CA • City of La Quinta Environmental Site Assessment, 3 Easements, La Quinta, CA • Serena Park Phase 1 Environmental Site Assessment, Palm Springs, CA • Annenberg Retreat at Sunnylands, Rancho Mirage, CA
• Kroger Store 308, Cathedral City, CA (Partnered with Altum Group) • Groundwater Monitoring, Tribal Land (confidential), Palm Springs, CA
REGISTRATIONS AND CERTIFICATIONS
Professional Geologist, State of California,
2001 (No. 7198)
EDUCATION
M.S., Geology, Oregon State University
Corvallis, Oregon 1978
B.S., Geology, University of Washington
Seattle, Washington 1976
PROFESSIONAL AFFILIATIONS
Member: Geological Society of America
Member: American Association of
Petroleum Geologists.
Member: Geothermal Resources Council
PUBLICATIONS
21 technical papers and field trip
guidebooks, published in the Geological
Society of America, Association of
Petroleum Geologists, United States
Geological Survey Open File Report,
Stanford Geothermal Program Conference,
Geothermal Resources Council
Transactions, Department of Energy,
Journal of Scientific Drilling, and
Geochemistry, Geophysics and
Geosystems.
MS Thesis “The Geology and Mineralization
of the Northern Part of the Washougal
Mining District, Skamania County,
Washington”
EMAIL
[email protected]
304
Mark Spykerman, PG, CEG, CHG
Principal Engineering Geologist
As a principal engineering geologist with Earth Systems, Mark Spykerman is responsible for evaluation of the impact of geologic and hydrologic conditions upon proposed developments. Certified by the State of California as a professional geologist, engineering geologist, and hydrogeologist, Mr. Spykerman has over 40 years of experience on public works projects, authoring hundreds of reports that have been reviewed and approved by the California Geologic Survey (CGS). He has been responsible for oversight and management of large-scale field operations, including managing, training, and mentoring staff. Mr. Spykerman’s areas of expertise include geologic hazards assessments, seismic analysis, fault investigation, analysis of liquefaction and lateral spreading, rockfall and slope stability evaluation. He is thoroughly familiar with the requirements of California Code of Regulations (CCR) Title 24, the California Building Code (CBC) and the California Geological Survey’s (CGS) Note 48 Checklist. Geologic analyses are performed in accordance with the CGS guidance document Special Publication 117A for earthquake and landslide hazards.
Mr. Spykerman received his Bachelor of Science degree in Geology from California State University Fresno.
AREAS OF EXPERTISE
• Geologic hazard studies
• Landslide evaluation and mitigation
• Seismic analysis, including determination of design peak bedrock accelerations, design earthquake magnitudes, and seismic response spectra • Fault investigation and assessment of potential for fault rupture • Evaluation of liquefaction and lateral spreading potential • Slope stability analysis
• Slope reinforcement
• Erosion studies and mitigation
• Fluvial geomorphology
• Assessment of potential for naturally-occurring asbestos (NOA) and radon
PROJECT EXPERIENCE
• Valley Sanitary Training Office & Lab Buildings, Indio, CA • City of Indio Environmental Site Assessment, 18 Acres and 57 APNs, Indio, CA • City of La Quinta Environmental Site Assessment, 3 Easements, La Quinta, CA • Desert View Power Plant, Mecca, CA
• Horseshoe Lake Park, Jurupa Valley, CA (Partnered with Altum Group) • Vernola Family Park, Jurupa Valley, CA (Partnered with Altum Group) • Kroger Store 308, Cathedral City, CA (Partnered with Altum Group) • Crossings at La Quinta, La Quinta, CA (Partnered with Altum Group) • Groundwater Monitoring, Tribal Land (confidential), Palm Springs, CA
REGISTRATIONS AND CERTIFICATIONS
Certified Engineering Geologist, State of
California (No. 1174)
Registered Professional Geologist, State of
California (No. 3800)
Certified Hydrogeologist, State of California
(No. 331)
EDUCATION
B.A., Geology, California State University,
Fresno
PROFESSIONAL AFFILIATIONS
Association of Engineering and
Environmental Geologists
Seismological Society of America
EMAIL
[email protected]
305
Appendix
Hourly Rates
Ds
306
44-600 Village Court, Suite 100
Palm Desert, CA 92260
(760) 346-4750 Tel
Staff Member Hourly Rate
Principal $215.00
Director $195.00
Senior Project Manager $188.00
Project Manager $180.00
Assistant Project Manager $168.00
Senior Associate $157.00
Associate $139.00
Assistant $115.00
Project Coord/Technician $92.00
Administrative Assistant/Clerical $65.00
Intern $43.00
Survey Services:
Survey Crew - Non Prevailing $245.00
Survey Crew - Prevailing $295.00
Survey Crew Rates:
Hourly rates include standard 2-man crew, 1-man robotic crew and 1-man GPS crew.
A two-hour minimum applies for all field services.
Reimbursables Expenses:
Mileage is billed at IRS business rate plus 15%
Printing, reproduction, etc. are billed at direct cost plus 15% Altum's Schedule of Hourly Rates is subject to change based on an annual review of the cost of living and employee wage increases. In the event Altum's Schedule of Hourly Rates changes, a corresponding percentage increase shall be applied to all remaining Agreement budgets and such Schedule of Hourly Rates shall apply to subsequent Extra Work. If Consultant works in excess of 8.0 hours in a day or 40.0 hours in a week at Client direction, overtime rates will apply.
2025 SCHEDULE OF HOURLY RATES
F:\rate schedule\2025 Schedule of Hourly Rates - CA1.xlsx 307
2061 N Los Robles Avenue, Suite 205 Pasadena, California 91104 / www.southenvironmental.com 2025 Standard Rate Sheet*
Billing Title Billing Rate
Principal Biologist..............................................................................................................................................$210 Senior Biologist...................................................................................................................................................$180 Biologist 2..............................................................................................................................................................$160 Biologist 1..............................................................................................................................................................$145 Biological Field Technician..............................................................................................................................$120 Principal Architectural Historian/Archaeologist/Paleontologist.......................................................$200 Senior Architectural Historian/Archaeologist/Paleontologist............................................................$170 Architectural Historian/Archaeologist/Paleontologist 2......................................................................$150 Architectural Historian/Archaeologist/Paleontologist 1......................................................................$135 Field Technician....................................................................................................................................................$115 GIS Specialist........................................................................................................................................................$160 *Rates subject to an annual escalation
308
15 INTEGRATED ENGINEERING GROUP HOURLY RATE SCHEDULE
SPECIALTY TITLE &
DESCRIPTION
HOURLY RATE ($)
YEAR 1
(2024)
YEAR 2
(2025)
YEAR 3
(2026)
YEAR 4
(2027)
Transportation Tech Studies Principal Engineer 165 170 175 180 309
©MD Acoustics, LLC | All Rights Reserved 50
Acoustic Modeling & Noise Studies
The Consultants Billing rates for services are as follows:
Position Hourly Rate
Principal Consultant $ 220.00
Sr. Acoustical Consultant $ 178.50
Sr. Vibration Consultant $ 178.50
Air Quality Specialist $ 178.50
Consultant $ 155.00
Engineering Technician I $ 119.00
Engineering Aide $ 83.00
Administrative Assistant $ 78.00
Administrative Aide $ 66.00
Clerical Aide $ 60.00
Principal Controls & Vibration Engineer $ 244.00
Senior Scientist Noise & Vibration $ 226.00
Senior Design Engineer $ 161.00
Expert Witness $ 613.00
Mechanical Packaging Engineer $ 178.50
COMSOL Expert & Modeling $ 416.00
ANSYS Expert & Modeling $ 416.00
Automobile Mileage $ 1.13/mile
General
1. Per Diem charges are based on current government rates based on area.
2. Hourly rates apply to work time, travel time and time spent at public hearings and meetings. For overtime work, the above rates may be increased 50 percent.
3. Client payment for professional services is not contingent upon the client receiving payment from other parties.
4. Billing statements for work will be submitted bi-monthly. Statements are payable Net 15 upon receipt by the client of the statement. Any statement unpaid after ninety (90) days shall be subject to interest at the maximum permitted by law.
5. These rates are valid for 1 year and will increase yearly with the inflation rate per year.
Billing Rates
Compensation for Services
310
2025 FEE SCHEDULE
(Effective January 1, 2025)
2025 STANDARD FEE SCHEDULE
EARTH SYSTEMS
Inland Empire I Coachella Valley I Imperial Valley
BASIS OF CHARGES
Rates for field work such as materials sampling, construction inspection, and field evaluation will be in accordance with the Personnel Rates listed in the basic Fee Schedule. The below listed rates apply to standard ASTM test methods. An additional hourly charge ($90.00/hr.) will be applied for cutting, capping, or other preparation of non-standard samples and, where noted, for steel samples.
SOILS
All prices are based on California and Modified California sample sizes (2” – 2.5” diameter) unless noted otherwise. Preparation of 3” diameter samples add $21.00. Testing of contaminated soil will be per quote. Samples will be returned to sender for proper disposal.
Atterberg Limits: Liquid Limit or Plastic Limit. ................................................................................................................ $116.00 Atterberg Limits: Plasticity Index ................................................................................................................................... $247.00 California Bearing Ratio, 3 points; incl. ref maximum density ....................................................................................... $867.00 California Bearing Ratio, 9 points; incl. ref maximum density .................................................................................... $1,208.00 Consolidation, one dimensional ..................................................................................................................................... $258.00 Consolidation, timed, per point ....................................................................................................................................... $74.00 Basic Corrosivity w/out Report (pH, Sulfate, Chl., Resistivity) ........................................................................................ $294.00 Direct Shear, 3 points .................. .................................................................................................................................. $300.00 Expansion Index Test ..................................................................................................................................................... $195.00 Maximum Density and Optimum Moisture: 4” Mold .................................................................................................... $220.00 Maximum Density and Optimum Moisture: 6” Mold .................................................................................................... $240.00 Maximum Density and Optimum Moisture: California Impact ...................................................................................... $252.00 Moisture and Unit Weight Determination, from ring samples ........................................................................................ $29.00 Moisture Only .................................................................................................................................................................. $21.00 Permeability Tests, constant head or falling head ..................................................................................................... Per Quote R-Value .......................................................................................................................................................................... $350.00 R-Value, CA State Hwy/set of 3, Cement, Lime, Other additives ................................................................................... $430.00 Hydro Collapse Potential ................................................................................................................................................ $153.00 Hydrometer Analysis, assumed specific gravity, with 200 wash .................................................................................... $247.00 Sieve/Hydrometer Analysis, assumed specific gravity, w/200 wash .............................................................................. $247.00 Sieve Analysis, Aggregate Base/Subbase ....................................................................................................................... $200.00 Sieve Analysis 200 wash only ......................................................................................................................................... $135.00 Sieve Analysis with wash ............................................................................................................................................... $185.00 Sieve Analysis, Oversize Material .................................................................................................................................. $250.00 Specific Gravity .............................................................................................................................................................. $195.00 Swell Test, undisturbed .................................................................................................................................................. $195.00 Swell Test, remolded ...................................................................................................................................................... $247.00 Unconfined Compressive Strength, untreated ............................................................................................................... $174.00 Unconfined Compressive Strength, lime or cement treated material ........................................................................... $604.00
THERMAL RESISTIVITY TESTS
Concrete, 1 point w/moisture content (requiring special collection procedure) .................................................................... $250.00 Field Testing using Thermal Resistivity Meter ......................................................................................................................... $350.00 Soil, per moisture point, per sample ....................................................................................................................................... $290.00 Soil, 3 moisture points with dry-out curve, per sample ........................................................................................................... $890.00
CONCRETE AGGREGATE
Abrasion, L.A. Rattler, 100 and 500 revolutions ...................................................................................................................... $280.00 Absorption, Coarse Aggregate ................................................................................................................................................ $100.00 Absorption, Fine Aggregate ..................................................................................................................................................... $147.00 Clay Lumps and Friable Particles in Aggregate ........................................................................................................................ $170.00 Cleanness Value of Coarse Aggregate ..................................................................................................................................... $200.00 Crushed Particles, each size .................................................................................................................................................... $130.00 Durability Index, Coarse or Fine Aggregate ............................................................................................................................. $200.00 311
2025 FEE SCHEDULE
(Effective January 1, 2025)
2025 STANDARD FEE SCHEDULE
EARTH SYSTEMS
Inland Empire I Coachella Valley I Imperial Valley
Flat and Elongated Particles in Aggregate ............................................................................................................................... $200.00 Organic Impurities in Fine Aggregate ...................................................................................................................................... $100.00 Potential Reactivity of Aggregated by Chemical Method, each size ..................................................................................... Per Quote Sand Equivalent ....................................................................................................................................................................... $155.00 Sieve Analysis, washed ............................................................................................................................................................ $185.00 Soundness, Sodium Sulfate, 5 cycles ....................................................................................................................................... $500.00 Specific Gravity, Coarse Aggregate .......................................................................................................................................... $147.00 Specific Gravity, Fine Aggregate .............................................................................................................................................. $147.00 Uncompacted Void Content of Fine Aggregate Angularity, w/fine Aggregate SG ................................................................... $252.00 Unit Weight of Aggregate ....................................................................................................................................................... $147.00
CONCRETE CYLINDERS, BEAMS AND CORES
Compression Test of Cast Cylinders. ......................................................................................................................................... $39.00 Compression Test of Cored Samples, cored at laboratory ...................................................................................................... $145.00 Compression Test of cores delivered by others ........................................................................................................................ $90.00 Compression Test of Lightweight Concrete ............................................................................................................................... $45.00 Density of Concrete Cylinders ................................................................................................................................................... $79.00 Density of Hardened Concrete ................................................................................................................................................ $111.00 Flexural Strength, Simple Beam with Third Point Loading ....................................................................................................... $190.00 Grading of Shotcrete Cores ..................................................................................................................................................... $168.00 Sample Storage, monthly per sample ....................................................................................................................................... $32.00 Shrinkage, set of 3 ................................................................................................................................................................... $480.00 Unit Weight of Lightweight Concrete ...................................................................................................................................... $120.00 Enviro. Recycling Fee, per cylinder, core or beam ....................................................................................................................... $2.50 Enviro Recycling Fee, per flex beam ............................................................................................................................................ $6.00 Enviro Recycle Fee/Form Stripping, per shotcrete panel/beam ................................................................................................ $55.00
MASONRY
Absorption of Block, set of 3 ................................................................................................................................................... $180.00 Compression Test, 2” x 4” Mortar Cylinders ............................................................................................................................. $45.00 Compression Test, 3” x 3” x 6” Grout Samples .......................................................................................................................... $45.00 Compression Test on Block, set of 3 ....................................................................................................................................... $195.00 Compression Test on Grouted Prisms, includes cutting .......................................................................................................... $300.00 Compression Test on Masonry Cores ........................................................................................................................................ $84.00 Coring of Grouted Masonry by Subcontractor .................................................................................................................... cost + 20% Masonry Shrinkage, set of 3 .................................................................................................................................................... $350.00 Moisture Content of Block as received, set of 3 ...................................................................................................................... $145.00 Laboratory Shear Test on Masonry Cores, 2 faces ................................................................................................................... $175.00 Specific Gravity and Unit Weight of Block, set of 3 ................................................................................................................. $184.00 Enviro Recycling Fee, per prism ................................................................................................................................................. $10.00 Enviro Recycling Fee, per mortar or grout sample ...................................................................................................................... $2.50
FIREPROOFING
Fireproof Bond Test .................................................................................................................................................................. $95.00 Fireproofing Density Test ........................................................................................................................................................ $150.00
ASPHALT CONCRETE
Bulk Specific Gravity of Compacted Specimens and Core Samples ........................................................................................... $60.00 Compaction of Lab Samples, CA Kneading Compactor, set of 3 .............................................................................................. $465.00 Compaction of Lab Samples, CA Kneading Compactor, set of 5 .............................................................................................. $709.00 Compaction of Lab Samples, Marshall Method set of 3 –(50 blows/side) ............................................................................... $390.00 Compaction of Lab Samples, Marshall Method set of 3 –(75 blows/side) ............................................................................... $490.00 Extraction of Oil from A.C. Mixtures ........................................................................................................................................ $300.00 Extraction of Oil from Rubberized Mixtures ............................................................................................................................ $394.00 Hazardous Waste Handling Charge for Extracted Oil ................................................................................................................. $98.00 312
2025 FEE SCHEDULE
(Effective January 1, 2025)
2025 STANDARD FEE SCHEDULE
EARTH SYSTEMS
Inland Empire I Coachella Valley I Imperial Valley
Ignition Oven Binder Content, after initial correction value is determined ............................................................................. $205.00 Ignition Oven Binder Gradation Correction Value /mix design, average of 3 ....................................................................... $1,400.00 Moisture Content ...................................................................................................................................................................... $58.00 Sieve Analysis of Extracted Aggregate ..................................................................................................................................... $250.00 Sieve Analysis of Ignition Oven Residue .................................................................................................................................. $250.00 Specific Gravity, Theoretical Maximum, Rice Method ............................................................................................................. $163.00 Stability and Flow, Marshall Apparatus, set of 3 ..................................................................................................................... $265.00 Stabilometer, Hveem S-Value, set of 3 .................................................................................................................................... $265.00 Enviro Recycling Fee, per sample ................................................................................................................................................ $4.00 Enviro Recycling Fee for Extracted Oils ..................................................................................................................................... $40.00
REINFORCING AND STRUCTURAL STEEL
Bend Test of Welded Specimen, sample preparation not included ............................................................................... $190.00 Pipe Flattening Test, sample preparation not included ................................................................................................. $190.00 Reinforcing Steel Coupler Tensile and Slip Tests ............................................................................................................ $375.00 Structural Steel Bend Test, sample preparation not included ....................................................................................... $195.00 Structural Steel Machining/Sample Preparation ........................................................................................................ cost + 20% Structural Steel Tensile Test, sample prep not included ................................................................................................$195.00 Tensile and Bend Tests of Reinforcing Bar, #2 through #9 ............................................................................................. $180.00 Tensile and Bend Tests of Reinforcing Bar, #10 through #18. .................................................................................... Per Quote Enviro Recycling Fee, per sample ....................................................................................................................................... $3.00
BOLT TESTS
Bolt Tests, chemical or mechanical ................................................................................................................................ $132.00
WELDER QUALIFICATION
AWS D1.1: 3/8” Plate, per position ............................................................................................................................ Per Quote AWS D1.1: 1” Plate, per position ............................................................................................................................... Per Quote AWS D1.3: Sheet Steel ............................................................................................................................................... Per Quote AWS D1.4: Reinforcing Bar ......................................................................................................................................... Per Quote ASME/API Pipe Sections ............................................................................................................................................. Per Quote EQUIPMENT/CHARGES (Does Not Include Personnel)
110-volt Portable Electric Generator ..................................................................................................................... $120.00/day Anchor Pull Test Equipment ....................................................................................................................................... $84.00/hr.
Bailer (disposable) w/dedicated rope ....................................................................................................................... $32.00/ea.
Concrete and Asphalt Concrete Coring Equipment ............................................................................................... $120.00/day Concrete Slab Moisture Transmission Kit.................................................................................................................. $60.00/ea.
Conductivity Meter .................................................................................................................................................. $90.00/day Cut-Off Saw .............................................................................................................................................................. $90.00/day Double Ring Infiltrometer (per set) ........................................................................................................................ $185.00/day Drum Dolly ............................................................................................................................................................... $27.00/day Drums ....................................................................................................................................................................... $100.00/ea.
Dynamometer, In-line Scale ..................................................................................................................................... $58.00/day Hammer Drill ........................................................................................................................................................... $58.00/day Hand Auger/Sampler Equipment ............................................................................................................................. $65.00/day Lock n, Load VOC Sample Pres. Sys. .......................................................................................................................... $27.00/ea.
Magnetic Particle Equipment ..................................................................................................................................... Per Quote Manometer ............................................................................................................................................................ $111.00/day Mini-Troll Groundwater Level Transducer ................................................................................................................. Per Quote 313
2025 FEE SCHEDULE
(Effective January 1, 2025)
2025 STANDARD FEE SCHEDULE
EARTH SYSTEMS
Inland Empire I Coachella Valley I Imperial Valley
Nuclear Density Equipment, per hour ............................................................................................................................. $15.00 Paint Thickness or Ultrasonic Thickness Meter .......................................................................................................$150.00/day Percolation Tank System and Trailer ...................................................................................................................... $325.00/day Personal Protective Equipment Level C ..................................................................................................................... Per Quote Pile Driving Equipment (for pile load testing) ........................................................................................................ $999.00/day Pile Load Testing Equipment .................................................................................................................................. $850.00/day Pulse Velocity Meter .............................................................................................................................................. $130.00/day Rebound Hammer (Schmidt Hammer) .................................................................................................................... $75.00/day Reinforcing Steel Locating Equipment (DR-Meter) .................................................................................................$120.00/day Relative Humidity Meter .......................................................................................................................................... $58.00/day Safety and Specialty Equipment ................................................................................................................................. Per Quote Sampling Consumables .............................................................................................................................................. Per Quote Skidmore Bolting Calibration Equipment ............................................................................................................... $250.00/day Slope Inclinometer Equipment, per hole ................................................................................................................... Per Quote Soil Sampling Containers (metal) .............................................................................................................................. $21.00/ea.
Soil Sampling Containers (glass) .................................................................................................................................. $6.00/ea.
Tape Extensometer .................................................................................................................................................... Per Quote Tension Equipment .................................................................................................................................................. $58.00/day Torque/Tension Equipment ..................................................................................................................................... $80.00/day Water Level Indicator............................................................................................................................................... $53.00/day Per Diem ................................................................................................................................................................ $215.00/day DIR Compliance/eCPR, per week ..................................................................................................................................... $80.00 DSA Box Posting, ea. ...................................................................................................................................................... $158.00 DSA Lab Compliance, per week ....................................................................................................................................... $58.00 Equipment Charge ................................................................................................................................................. Per Estimate Heated/Cooled Curing Box ........................................................................................................................................ $50.00/day 314
2025 FEE SCHEDULE
(Effective January 1, 2025)
2025 STANDARD FEE SCHEDULE
EARTH SYSTEMS
Inland Empire I Coachella Valley I Imperial Valley
EXPERT WITNESS SERVICES
The following rates apply to deposition testimony, arbitration testimony, hearings and court appearances.
HOURLY CHARGES FOR PERSONNEL
Principal Professional ......................................... $600.00 Associate Professional ........................................ $450.00 Senior Professional ............................................. $400.00 Clerical/Admin Services ...................................... $150.00
SPECIAL SERVICES
Deposition .................................................. $600.00/hr.2 Arbitration .................................................... $500.00/hr.
Court Appearance/Hearings ........... $1,800.00/half day3 Standby to Appear .................................... $900.00/day4
BASIS OF CHARGES
1. Hourly rates are charged during investigation, analysis, consultation, and preparation services.
2. Estimated deposition fee payable in advance by party requesting deposition. The difference between advance payment and final fee to be billed or refunded in accordance with the fee and billing information in this schedule. Fee for reviewing deposition transcript will be billed at hourly rates to the party requesting the review.
3. Minimum half day charge will apply to court appearances and hearings. Time extending through the noon hour will be subject to the full day charge of $3,600.00.
4. Days, or portions thereof, reserved for appearances at hearings, court, or arbitrations, during which we are not required to be away from our offices will be subject to a standby charge of $900.00. Standby at other locations will be charged at the general hourly rates.
315
For more information visit us at:
www.thealtumgroup.com
Texas Board of Professional Engineers and
Land Surveyors Firm #10194593
Texas Registered Engineering Firm
#F-22130
10421 Gulfdale Street
San Antonio, TX 78216
(726) 232-0963
Texas
California Department of General Services
Small Business Enterprise #1107100
Company Headquarters
44-600 Village Court, Suite 100
Palm Desert, CA 92260
(760) 346-4750
California
PLANNING | URBAN DESIGN | ENGINEERING | SURVEY | ENVIRONMENTAL 316
PROPOSAL FOR
ON-CALL CEQA/NEPA SERVICES
RFP-24-096
CITY OF BANNING
APRIL 1, 2025
3615 Main Street, Suite 103 / Riverside, CA 92501 / 800.450.1818 317
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) i Table of Contents
SECTIONS
A. Statement of Understanding and Approach ...............................................................................................................................1 B. Company Information ....................................................................................................................................................................8 C. Company Personnel....................................................................................................................................................................16 D. Disclosure.....................................................................................................................................................................................18 E. Experience and References .......................................................................................................................................................18 Price Proposal...................................................................................................................................................................................25 Evidence of Insurance.....................................................................................................................................................................25 Disclosure of Government Positions .............................................................................................................................................25 TABLES
1 Sample EIR Schedule..........................................................................................................................................................4 2 Sample MND Schedule.......................................................................................................................................................5 3 Dudek Office Locations ....................................................................................................................................................10 4 Dudek Services..................................................................................................................................................................12 5 Key Personnel Qualifications...........................................................................................................................................17 6 Minimum Qualifications ...................................................................................................................................................18
FIGURES
1 Record of Delivery On Time and Within Budget...............................................................................................................7 2 Dudek Office and Staff Locations...................................................................................................................................10 3 Team Organization Chart.................................................................................................................................................16
APPENDICES
A 2025 Standard Billing Rates
B Sample Certificate of Insurance
C Resumes
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Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 1 A. Statement of Understanding and Approach
We understand that this contract may involve a range of work products involving anything from peer review of California Environmental Quality Act (CEQA) documents prepared by project applicants to preparing CEQA documents on behalf of the City of Banning (City), including the supporting technical studies (our capabilities for each resource area are included in Table 4). Dudek provides each service listed under Section IV.B Scope of Services, in the City’s Request for Proposal (RFP). We offer full-service CEQA services that includes running scoping and/or public meetings, filing documents with the County Clerk, paying the associated fees, and holding consultation meetings with regulatory agencies and/or tribes. We provide categorical exemptions with supporting technical study documentation, initial studies (ISs)/negative declarations (NDs), IS/mitigated negative declarations (MNDs), environmental impact reports (EIRs), supplemental and subsequent EIRs, and addenda to EIRs. We attend public hearings to help City staff respond to questions from planning commissioners and city council members.
Implementation Plan
Contract Management
Laura Masterson’s contract management philosophy for this on-call contract is based on lessons and preferences learned from our dozens of Southern California as-needed and on-call contracts.
Effective contract management requires constant and careful attention to the daily demand for communication among project participants and with the client. Dudek believes that the most effective contract manager is the one who aids the continuous flow of information, data, instructions, and guidance on a regular basis. Laura Masterson will remain personally involved in any project she personally manages for the City. Working as a team with task managers and technical discipline leaders, she will keep all task orders on schedule and within budget and will maintain the highest level of quality for all deliverables. She will communicate project status, issues, and concerns with other members of the consultant team and with the City by doing the following:
▪ Serving as the single point of contact
▪ Establishing regular meetings with the City project manager to discuss project milestones, activities, and issues
319
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 2 ▪ Holding regular project management meetings with key project staff to coordinate work efforts, check on task completion, and review budget conformance
▪ Updating the project description, schedule, work progress reports, and inventories of available data, as necessary so that all team members are aware of information that may affect their work products and schedules
▪ Coordinating with the City at strategic junctures for public input CEQA/NEPA Expertise
The Dudek team of more than 50 CEQA/National Environmental Policy Act (NEPA) practitioners has access to more than 550 planners and environmental experts, which allows us to provide local experience, strategic advice, and technical expertise. Dudek environmental experts work collaboratively with clients; local, regional, state, and federal agencies; and the public to clearly define project objectives, address concerns, and outline appropriate processes. We apply practical CEQA/NEPA knowledge to comply with current laws, regulations, and case law. Our planners help clients creatively solve regulatory challenges within financial and scheduling constraints.
We produce complete CEQA/NEPA documents done right the first time. Our environmental planners work with our in-house technical editors and graphic designers to prepare high-quality documents that are clearly organized and easily interpreted by the public, agencies, and decision makers responsible for future project development.
We efficiently coordinate and prepare technical reports by using our in-house technical experts throughout Riverside County. Our team expedites complex project processing by designing and maintaining realistic document schedules, adhering to consistent communication protocols, leveraging our longstanding agency relationships, and anticipating potential issues as soon as possible. Combining comprehensive analysis and research-based findings, we provide legally defensible documents that are supported by substantial evidence, none of which have ever been successfully overturned in court. We conduct technically sound assessments and manage environmental review processes in a streamlined, compliant, and straightforward manner.
How Dudek Will Achieve Client Satisfaction and Satisfy the Scope of Work Requirements
Dudek offers a team of accessible, committed, and highly knowledgeable individuals who are ready to work on and apply their expertise to this contract. The firm maintains a flat organizational structure that empowers project managers to be decision makers and to incorporate an entrepreneurial approach to their work and career.
On any given project, the project manager and team directly support the client and project objectives. The team, in turn, is supported by Dudek’s extensive bench of work product and operational experts, including geographic information system (GIS), graphics, and publications teams, as well as executive leadership. Internal administrative processes are kept to a minimum to limit internal bureaucracy and to enable project managers to be flexible and responsive to meet client needs.
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Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 3 While we are known for our high-quality services and work products and for being client-focused, it is the people who work at Dudek that we are truly selling. We love what we do and are passionate about our work; this passion yields excellence. We also pride ourselves on being responsive. While we take our work seriously, we try not to take ourselves too seriously and have been told that we are enjoyable to work with. We will deliver a team that is easy to work with and will be involved with this contract throughout its lifespan.
We are well versed in the needs of local cities, and we bring our depth of technical knowledge, experience, and successful project management approach to each project. Our professionals are trained to understand agencies’ processes and apply our expertise within that structure. The result is maximized efficiency without sacrificing valuable time and energy.
Dudek has built a strong reputation for helping public officials effectively progress through California’s everincreasing regulatory maze, providing the appropriate team of experienced scientific, engineering, and regulatory professionals. Our comprehensive approach and experience will provide the City the following:
▪ The Right People. We provide experienced project managers who will draw from Dudek’s 900+ environmental professionals to bring the appropriate expertise to your project, considering project needs and available budget.
▪ Local Understanding. We hit the ground running, thoroughly researching the issues, discussing with your key staff, and bringing a key understanding of California’s regulatory laws and in-depth knowledge of the City’s service area and related environmental issues.
▪ Strong Reputation with Regulatory Agencies. Our professional scientists and planners have established strong working relationships with the local staffs of California’s regulatory agencies, which is vital for keeping projects moving and obtaining final approvals.
▪ Cost-Conscious Solutions. Our staff focus on implementation and are cost conscious. We know the City’s budget constraints and will collaborate with your staff to achieve a cost-effective approach for compliance. ▪ Collaborative Teamwork. Our project managers recognize the importance of being part of the City team.
We work with staff and customers in a professional, collaborative, and friendly manner. ▪ In-Depth Experience. Our project teams have worked with dozens of agencies on a wide variety of difficult projects. We will provide you and your staff varying perspectives on scoping and cost based on our experience successfully completing hundreds of municipal projects. ▪ Prompt Communication. We provide frequent and regular reporting on key work tasks, meetings, and processes. We get in front of developing problems by keeping you informed when the City staff may need to get involved and offer alternatives to mitigate unnecessary delays. We respond quickly to requests and emergencies, as needed.
▪ Comprehensive Service. We are a one-stop shop for your environmental and regulatory needs, with inhouse expertise in all technical disciplines necessary for the successful completion of City projects.
Sample Detailed Project Schedules
Table 1 and Table 2 identify all tasks and deliverables to be performed, durations for each task, and overall time of completion for an EIR and an MND.
321
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 4 Table 1 Sample EIR Schedule
Task Duration
Formal Notice to Proceed/kickoff meeting Week 1
Dudek develops the project description and data needs request Weeks 2–3 City reviews the project description and provides data needs Weeks 4–5 Preparation of the administrative draft IS Weeks 6–11
City reviews and provides comments Weeks 12–13
Preparation of the screencheck draft IS Week 14
City reviews and provides comments Week 15
Dudek finalizes the IS Week 16
Dudek prepares the draft Notice of Preparation (NOP) Week 16 City reviews the NOP and provides comments Weeks 17–18
Dudek incorporates comments into the NOP and prepares it for publication Week 19 Public Review and scoping meeting (30 days) Weeks 20–23 Preparation of technical studies Weeks 24–29
Dudek prepares the administrative draft EIR Weeks 30–35 City reviews and provides comments Weeks 35–37
Dudek prepares the screencheck draft EIR Weeks 34–40
City reviews and provides comments Weeks 41–42
Dudek prepares the public draft EIR and notices Weeks 43–44 Public review period (45 days) Weeks 45–51
Dudek prepares the draft final EIR Weeks 52–55
City reviews and provides comments Weeks 56–57
Dudek prepares screencheck final EIR Week 58
City reviews and provides comments Week 59
Dudek finalizes the final EIR Week 60
Notice of Determination Post at County Clerk’s
Office within 5 days of
project decision
Project management, meetings, and hearings Ongoing
Note: Preparation of joint EIR/EIS documents would follow a similar schedule. 322
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 5 Table 2. Sample MND Schedule
Task Duration
Formal Notice to Proceed/kickoff meeting Week 1
Develop the project description, submit to City for review and confirmation to use in technical analyses and administrative draft IS/MND; develop data needs request Week 2
City provides feedback on the draft project description and confirms/approves use in technical analyses and administrative draft IS/MND
Week 3
Preparation of technical studies Weeks 4–12
Preparation of the administrative draft IS/MND Weeks 4–16 City reviews and provides comments Weeks 17–18
Preparation of the screencheck draft IS/MND Week 19
City reviews and provides comments Weeks 20–21
Public review draft IS/MND (30 days) Weeks 22–25
Preparation of the final IS/MND (includes response to comments, mitigation monitoring and reporting program, changes to the draft IS/MND, if applicable) Weeks 26–29
City reviews and provides comments Weeks 30–31
Dudek finalizes the final IS/MND Week 32
Project management, meetings, and hearings Ongoing
Notice of Determination Within 5 days of project
decision
Transition Plan
Please see Section C, Company Personnel, for an in-depth discussion of the proposed Dudek team structure and qualifications of the proposed team. In addition to providing a dedicated contract manager to act as a single point of contact for the City, the Dudek team includes a group of highly experienced task order managers, many of whom have extensive experience managing on-call and as-needed contracts. These contract managers could step in as the contract manager, if necessary, during the life of the contract. Should a transition between task managers be required on a specific project, our collaborative culture and focus on project manager empowerment will allow for a smooth transition of project responsibilities between task order managers. We also maintain a deep bench of skilled and experienced project managers across the firm who can be brought into the contract as needed.
Detailed Description of Specific Tasks Requiring City Staff Dudek will work collaboratively with assigned City staff throughout the environmental assessment process for each project we complete. Specific tasks expected to be required of City staff are as follows:
Project Kickoff
▪ Attend a kickoff meeting for each project. The purposes of the kickoff meeting are to (1) clearly define the project for the purposes of the environmental analysis, (2) discuss the project schedule and important assumptions for achieving the schedule, (3) identify all anticipated discretionary actions, (4) establish 323
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 6 early communication among various project team members and the protocols for ongoing communication, and (5) familiarize the Dudek team with the issues and concerns that the City determines to be important issues for the environmental analysis.
▪ Provide any existing plans, studies, reports, or other relevant information to Dudek to assist in drafting a complete and detailed project description.
Review of Project Deliverables
▪ Complete timely review of all draft project documents produced by Dudek, including project descriptions, technical reports, CEQA documents, and public notices.
Ongoing Project Coordination
▪ Attend periodic virtual meetings with Dudek staff on a schedule agreed upon during project kickoff and as needed to discuss urgent matters.
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Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 7 Additional Innovative and/or Creative Approaches for
Maximizing Cost Efficiency or Performance
Dudek’s success in executing client task orders on time and within budget (Figure 1) is driven by open team
communication initiated by the contract manager and
the designated task lead.
Dudek is committed to closely monitoring cost. Using
the latest available digital project management systems, we maintain accurate, up-to-date budgets, and we will
monitor and share cost details with the City in real time.
For budgetary management, Dudek uses Deltek
Vantagepoint, integrated into Power BI dashboards to
track all budget line items (Task/Sub-Task) and project charges (by Dudek staff and subconsultants) to allow for constant monitoring, which our contract and task
managers will use to keep you informed of budget
utilization throughout the task.
Our internal review of work in progress, charging
practices, and monthly summary reviews will allow task managers to identify any trends and implement resolutions that will help prevent projects from deviating from established timelines and budgets.
Cost controls are only effective if we maintain a sound understanding of the scope of work required to meet your goals and the level of effort required to complete that scope of work. Completing work in the future is inherently unpredictable. However, our extensive experience allows us to anticipate potential challenges, such as access constraints, disagreements among stakeholders, or data requests from regulatory agencies.
Dudek will facilitate early engagement with City staff and then stakeholders (including regulatory agencies) that may be involved in a task to develop a proactive strategy that minimizes risks. We will implement communication tools to assist with keeping City staff and managers apprised of task progress and expenditures, as well as risks to task budgets and schedules.
City Owned Facility or Property Usage
Dudek does not anticipate requiring the use of any City owned facilities or property to use or lease, purchase, or rent in connection with the services proposed in the RFP.
COST CONTROL
Budget tracking with Deltek
Vantagepoint and Microsoft
Power BI and Excel
Schedule tracking with
Microsoft Project
Collaborative risk
management strategies
Figure 1. Record of Delivery On Time and
Within Budget
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Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 8 B. Company Information
Firm Overview and Point of Contact
Dudek is a California-based, medium-sized engineering and environmental firm that employs over 900 employees in 21 offices across the nation and has projects spanning all 50 states. We have over 600 employees located in Southern California who are available to work for the City. For more than 45 years, we have served Southern California agencies, cities, special districts, and private clients on a variety of projects, including planning, design, permitting, construction management, and regulatory compliance in the energy,
transportation, municipal, education, and healthcare sectors.
Dudek is a 100% employee-owned corporation, with an internal staffing structure that includes 16 specialty divisions. The Dudek organizational structure is designed to meet client needs. We place a dedicated project manager on each project with the capacity to handle both the initial project goals and additional items, should they arise. Project managers are well informed, practiced, and empowered to harness the full resources of our firm.
Dudek has one of California’s largest, most experienced teams for CEQA and NEPA document preparation. Our environmental planners have prepared and processed more than 3,800 CEQA/NEPA documents for a variety of large and small development, restoration, and conservation projects throughout the United States. Combining comprehensive analysis and research-based findings, we provide legally defensible documents that are supported by substantial evidence, none of which have ever been successfully overturned in court. We conduct technically sound assessments and manage environmental review processes in a streamlined, compliant, and straightforward manner.
Dudek’s environmental experts work collaboratively with clients; local, regional, state, and federal agencies; and the public to clearly define project objectives, address concerns, and outline appropriate processes. We apply practical CEQA/NEPA knowledge to comply with current laws, regulations, and case law. Our planners help clients creatively solve regulatory challenges within financial and scheduling constraints. We produce complete CEQA/NEPA documents done right the first time. Our environmental planners work with our in-house technical editors and graphic designers to prepare high-quality documents that are clearly organized and easily interpreted by the public, agencies, and decision-makers responsible for future project development.
FIRM INFORMATION
Legal Name: Dudek
Headquarters: 605 Third Street
Encinitas, California 92024
Local Office: 3600 Lime St., Bldg. 2
Riverside, California 92501
DIR Number: 1000007200
Organization Type: Corporation
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Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 9 Laura Masterson
CONTRACT MANAGER | POINT OF CONTACT
Laura Masterson is an environmental planner with 11 years’ professional experience as a planner and environmental supervisor specializing in CEQA/NEPA document preparation. She will be the contract manager and primary point of contact for the City.
Laura has experience managing the preparation of complex joint CEQA/NEPA documents with high public visibility. She has been a planner at Dudek for 3 years. During that time, she has been an author, deputy project manager, and project manager on a variety of environmental documents, including EIRs, MNDs, NDs, addendums, and categorical exemptions. She has worked on projects for a variety of clients, including cities and city departments, public utilities, state agencies, private developers, and community college districts. Please see her full resume in Appendix C.
Education
California State University,
Fullerton
MS, Environmental Studies,
University of California,
Los Angeles
BS, Marine Biology
Contact Information
949.373.8326
[email protected]
Relevant Projects/Experience
▪ Riverside Community College District Solar Plan Project IS/MND |
RIVERSIDE COMMUNITY COLLEGE DISTRICT
▪ Mission Canyon Stream Habitat Restoration Project MND |
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
▪ 1450 Artesia Specific Plan EIR | CITY OF GARDENA
▪ North Hollywood Chlorination Stations and NHOU2IR West Treatment Plant Project IS/MND | LOS ANGELES DEPARTMENT OF
WATER AND POWER
327
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 10 Office Locations
The Dudek team is ready to support upcoming City
projects with a diverse staff, many with over 20 years’ experience. Our qualified team can accommodate tight
schedules and provide quality assurance/quality control of any environmental document on limited notice.
Beyond key staff, we have specialized personnel across
several states available as needed. With over 550
planners and environmental experts, including 50
CEQA/NEPA practitioners, we provide local experience,
strategic advice, and technical expertise. Our team is
fully committed and prepared to promptly handle any
new task order. Dudek maintains strong agency
relationships through our extensive on-call contracts by delivering responsive, quality services.
Dudek will manage City projects out of our Southern
California offices, ensuring that the City benefits from our local expertise. Table 3 lists our office locations.
Table 3. Dudek Office Locations
Lake Worth Beach, Florida
631 Lucerne Avenue, No. 14
Lake Worth Beach, Florida 33460
561.925.5001
Auburn, California
853 Lincoln Way, Suite 105
Auburn, California 95603
530.887.8500
Bakersfield, California
4900 California Avenue, Tower B
Bakersfield, California 93309
661.843.6765
Denver, Colorado
1001 Bannock Street, Suite No. 231
Denver, Colorado 80204
720.894.0184
Encinitas, California (Corp. HQ)
605 Third Street
Encinitas, California 92024
760.942.5147
Mission Viejo, California
27271 Las Ramblas, Suite 340
Mission Viejo, California 92691
949.450.2525
Kailua, O'ahu, Hawai‘i
970 N Kalaheo Avenue, C206
Kailua, O‘ahu, Hawai‘i 96734
808.892.2000
La Quinta, California
78-075 Main Street, Suite G-203
La Quinta, California 92253
760.341.6660
Phoenix, Arizona
3133 West Frye Road, Suite 108
Chandler, Arizona 85226
760.942.5147
Oakland, California
1904 Franklin Street, Suite 600
Oakland, California 94612
510.601.2500
Pasadena, California
225 South Lake Avenue
Suite 225-M210
Pasadena, California 91101
626.204.9800
Sacramento, California
1810 13th Street, Suite 110
Sacramento, California 95811
916.443.8335
Portland, Oregon
605 NE 21st Avenue, Suite 200
Portland, Oregon 97232
971.930.1700
Riverside, California
3600 Lime Street, Building 2
Riverside, California 92501
951.300.2100
Santa Barbara, California
3760 State Street, Suite 101
Santa Barbara, California 93105
805.963.0651
Figure 2. Dudek Office and Staff Locations
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Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 11 Table 3. Dudek Office Locations
San Diego, California
2280 Historic Decatur Road, Suite 200
San Diego, California 92106
619. 591.1370
San Marcos, California
1645 South Rancho Santa Fe Road
San Marcos, California 92078
760.942.5147
Norfolk, Virginia
500 East Main Street, 1600-76
Norfolk, Virgina 23510
757.418.0348
Santa Cruz, California
725 Front Street, Suite 400
Santa Cruz, California 95060
831.600.1400
Seattle, Washington
92 Lenora Street, Suite 108
Seattle, Washington 98121
206.738.7902
Vista, California
1217 Distribution Way
Vista, California 92081
760.479.4210
CEQA/NEPA Project Experience
Dudek has been providing CEQA/NEPA consulting support to public clients in Riverside County for almost three decades. We efficiently coordinate and prepare technical reports by using our local, in-house technical experts.
Our team expedites complex project processing by designing and maintaining realistic document schedules, adhering to consistent communication protocols, leveraging our long-standing agency relationships, and anticipating potential issues as soon as possible. In the last five years, our relevant work in Riverside County and the surrounding area includes providing on-call CEQA and NEPA documentation and support services for the City of Riverside, the City of Yucaipa, the County of San Bernardino, the City of Fontana, and others.
Dudek On-Call Environmental Services Contracts
Dudek prides itself on successful performance under on-call environmental services contracts. We have worked for the following Southern California public agencies in an on-call capacity over the past decade. ▪ California Department
of Fish and Wildlife
▪ California Department
of General Services
▪ California State
University, Long Beach
▪ City of Alhambra
▪ City of Anaheim
▪ City of Carlsbad
▪ City of Chula Vista
▪ City of Claremont
▪ City of Del Mar
▪ City of Fontana
▪ City of Indian Wells
▪ City of Irvine
▪ City of La Mesa
▪ City of Los Angeles
Harbor Department
▪ City of Mission Viejo
▪ City of Montclair
▪ City of Oceanside
▪ City of Palo Alto
▪ City of Rancho
Santa Margarita
▪ City of Riverside
▪ City of Riverside—Public
Utilities Department
▪ City of San Clemente
▪ City of San Diego
▪ City of San Marcos
▪ City of Yucaipa
▪ County of Orange
▪ County of
San Bernardino
▪ County of San Diego
▪ Eastern Municipal
Water District
▪ Helix Water District
▪ Imperial
Irrigation District
▪ Kern County
Waste Management
▪ March Joint
Powers Authority
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Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 12 ▪ Metropolitan Water
District of
Southern California
▪ North County
Transit District
▪ Port of Los Angeles
▪ Riverside County Flood
Control and Water
Conservation District
▪ San Bernardino County
Transportation Authority
▪ San Diego Association
of Governments
▪ San Diego Unified
Port District
▪ San Diego Unified
School District
▪ Sanitation Districts of
Los Angeles County
▪ Santa Fe
Irrigation District
▪ Santa Margarita
Water District
▪ Southern
California Edison
▪ Temescal Valley
Water District
In-House Services
Dudek performs CEQA technical studies in-house in addition to providing relevant services, including Phase I and Phase II Environmental Site Assessments (ESAs), wildfire protection planning, water supply assessments, and water quality management plans.
Table 4 provides an overview of our in-house services.
Table 4. Dudek Services
Service Qualifications Benefits to the City
Air Quality and
GHG Emissions
The Dudek team of 12 full-time air quality technical
specialists have prepared air quality and greenhouse
gas (GHG) emissions impact analyses for construction
and operation of a variety of projects throughout
California, including residential and commercial
developments. Our team also prepares technically
accurate health risk assessments and energy analyses.
Dudek has expertise with industry standard tools and
develops tailored approaches per project specifics and
applicable analysis framework.
▪ Our depth of experience allows us
to cost-effectively navigate
complex air quality/GHG
emissions requirements.
▪ Our in-house staff prepare
accurate, legally defensible
technical studies to meet
aggressive project deadlines.
Biological
Resources
Our team of more than 60 biologists works and
consults regularly with the U.S. Fish and Wildlife
Service, U.S. Army Corps of Engineers, California
Department of Fish and Wildlife, Regional Water Quality Control Board and Multiple Species Habitat
Conservation Plan Regional Conservation Authority to
obtain project-specific permits and documentation that
keep projects on schedule and in compliance. Our staff
includes experts in botany, mammalogy, herpetology,
entomology, ornithology, habitat assessment and
mapping, spatial analysis, and habitat and wetlands
restoration. We have the permits, Memorandum of
Understanding, and Scientific Collecting Permits to
survey for all special-status species with potential to occur in the City of Banning.
▪ Our team is well versed in the
plant and wildlife species across
San Bernardino County.
▪ Our in-house staff have the
required state and federal permits
to conduct surveys for threatened
or endangered wildlife species.
330
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 13 Table 4. Dudek Services
Service Qualifications Benefits to the City
Regulatory
Permitting and
Coordination
We prepare comprehensive and easily accessible
submittals based on our knowledge of the applicable
regulations and our specific experience with the
standards and processes of each agency and its local
staff. Our job is to know what information needs to be
provided, verify the information is complete and
accessible, and foresee potential issues so we can help project owners prepare for potentialities.
▪ We have experience with local
representatives of federal and
state resource agencies, including
the U.S. Fish and Wildlife Service,
U.S. Army Corps of Engineers,
National Marine Fisheries Service,
U.S. Geological Survey, and more.
Habitat
Restoration
Our expert staff combine ecological expertise, the
ability to synthesize a broad array of data, and the
imagination to design and implement practical habitat
solutions. We understand the interrelated elements of
ecology, construction technology, and government
regulations needed to assemble and guide a habitat
restoration program to a successful conclusion.
▪ We offer turnkey solutions to plan,
permit, implement, and obtain
agency sign-off.
▪ Site assessments identify
opportunities and constraints to
make sensible, cost-effective
decisions.
Cultural
Resources
We direct and execute all phases of cultural resources
investigations, including surveys, significance
determinations, and data recovery mitigation programs.
Our capabilities include CEQA and Section 106 of the
National Historic Preservation Act documentation,
constraints/feasibility analyses, literature overviews and archival research, predictive modeling, field inventories, archaeological sampling, significance and eligibility
evaluations, data recovery, monitoring and compliance
oversight, mitigation implementation, Native American
consultation, and more.
▪ Our archaeologists hold all
necessary permits to conduct
cultural resources investigations
on federal and state lands.
▪ Our in-house staff are listed
professional consultants on local
registers and with the Register of
Professional Archaeologists.
Built
Environment/
Historic
Resources
We specialize in treatment and significance evaluations for historic-era buildings and structures in
consideration of the National Register of Historic
Places, California Register of Historical Resources, and local-level evaluation criteria and integrity
requirements. Each member of our team of 12 full-time
architectural historians meets and/or exceeds the
Secretary of the Interior’s Professional Qualification
Standards for History and Architectural History. We offer experts well-versed in the formulation of historic
preservation policy and ordinance language as well as
impacts assessments to facilitate compliance with
CEQA and Sections 106 and 110 of the National
Historic Preservation Act.
▪ Our diverse team of experts
understands how to work through
projects with historical resource
issues.
▪ We have a solid understanding of
the regulatory process and
develop creative solutions
centered on budgetary
considerations.
Paleontological
Resources
Our team includes five full-time paleontologists and
numerous as-needed paleontological technicians and
experts. We provide all necessary paleontological
services, including preconstruction surveys, records
searches, stand-alone paleontology reporting and CEQA
document preparation, preparation of mitigation plans,
construction monitoring, fossil identification and
significance determinations, sediment screening for
▪ Our two paleontological principal
investigators worked at the
Natural History Museum of Los
Angeles County and maintain a
relationship with museum staff.
331
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 14 Table 4. Dudek Services
Service Qualifications Benefits to the City
microfossils, and all aspects of fossil lab work and
curation.
Noise and
Vibration Studies
We guide public agencies through assessment of
project noise control and sound abatement needs. Our
noise experts conduct baseline field noise level
surveys, perform predictive analyses with threedimensional sound propagation models, determine impact evaluation criteria for noisy construction and
operational equipment during project planning, and
support design of effective mitigation strategies.
▪ We implement a practical, costeffective approach to help attain compliance with relevant
regulations and policies.
Traffic and
Transportation
We provide technical transportation planning and
engineering, traffic impact assessment (Vehicle Miles
Traveled and Level of Service), engineering design, and CEQA expertise. We quantify project effects using the
current methodologies and criteria for project-specific transportation issues. We use advanced analysis and
design software, such as Synchro/SimTraffic, PTV
Vistro and Vissim, SIDRA (roundabouts), Highway
Capacity Software, AutoCAD, and AutoTurn.
▪ Our in-house transportation group
has planners and professional
engineers to prepare
Transportation Impact Analyses
and parking assessments.
▪ We help tackle short- and longterm transportation and parking challenges.
Hazards and
Hazardous
Materials
We conduct environmental site assessments (ESAs)
and remediation to evaluate and mitigate
environmental/hazardous waste liabilities associated
with project sites. Our experts have prepared
thousands of Phase I and II ESAs for a wide range of
project types: agricultural, industrial, residential,
commercial, oil fields, schools, renewable energy
facilities, transportation rights-of-way, recreational, and open space. We have designed, permitted, and
implemented many types of remediation, including digand-haul, in-situ chemical oxidation, soil vapor extraction, and pump-and-treat.
▪ Our in-house team includes
licensed environmental
engineers, hydrogeologists, and
permitting specialists with local
experience.
▪ Extensive knowledge of
hazardous waste rules.
▪ Collaborative relationships with
regulators.
Hydrogeology
and Water
Quality
We perform hydrologic, hydraulic, and water quality
analysis to support a broad range of permitting efforts, including Clean Water Act 401/402/404 permits and
California Department of Fish and Wildlife 1600
permits, as well as EIRs and CEQA-related documents.
We are familiar with water quality
standards/regulations and the ways in which they may
affect the construction and operational phases of
industrial facilities and linear projects.
▪ Our in-house team provides
proven and complete stormwater,
surface water, and groundwater
quality resource services.
▪ We coordinate planning, design,
and project implementation in a
timely and cost-effective manner.
Wildfire
Protection
Planning
Our foresters and fire protection planners are well
versed in California’s natural landscape fire ecology. We specialize in evaluating the unique fire environment
each project site presents; we then use that
information to plan for and mitigate against worst-case fire conditions. We have completed hundreds of fire
protection plans, obtaining approvals in numerous
jurisdictions across Southern California.
▪ Our in-house fire and forestry staff
have decades of experience in
San Bernardino County.
▪ Our team includes fire marshals,
fire protection planners, wildfire
behavior modelers, and former
firefighters.
332
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 15 Table 4. Dudek Services
Service Qualifications Benefits to the City
GIS
Our experts bring a variety of skills related to data
management, cartography, analysis, modeling,
enterprise database and application development, and
mobile field data collection. We have provided GIS and
technological services for more than 30 years and
deliver an average of 5,000 GIS analytical tasks
completed annually.
▪ Our team’s high-quality graphics
and data analysis services are
available as part of the contract.
▪ We provide practical, costeffective GIS solutions.
Publications
Services
The Dudek Publications team specializes in complete
document solutions, helping clients manage complex
publications under tight deadlines. Prioritizing quality control and on-time delivery, the Publications team
edits, formats, produces, and delivers between 3,000
and 4,000 documents each year.
▪ We excel at high-volume
document production, producing
well-written deliverables on time.
Litigation, Mediation, and Arbitration History – Past 5 Years The following are summaries of legal claims in last five years involving professional consulting services:
Elsinore Valley Municipal Water District v. Water Works Engineers, LLC, et al.
On November 12, 2021, Elsinore Valley Municipal Water District (the “District”) filed a civil complaint against Water Works Engineers, LLC (WWE) in California Superior Court, County of Riverside, for alleged design defects in a water reclamation facility. The District filed a first amended complaint against WWE on September 26, 2022, for breach of contract and professional negligence. WWE subsequently cross-claimed against the construction firm as well as Dudek (and other firms) for its role as construction manager. Dudek was not involved in the design of the project and denied any liability. Court has agreed to dismiss the complaint against Dudek.
Sunhi Kim vs. Golden Rain Foundation of Walnut Creek, et al.
On November 18, 2024, Golden Rain Foundation of Walnut Creek filed a Cross-complaint against Dudek in California Superior Court, County of Contra Costa, for (1) indemnification; (2) apportionment of fault; and (3) dangerous condition on public property. Dudek intends to file for a motion for summary judgment and should that fail, it intends to defend itself vigorously. Dudek was and remains fully insured for all of its professional services.
Keep the Funk Inc vs City of Santa Barbara, et al.
On January 27, 2025, Keep the Funk, Inc. filed a lawsuit against the City of Santa Barbara as well as Dudek in the California Superior Court, County of Santa Barbara. The causes of action allege (1) violations of CEQA; (2) inadequate findings; and (3) project incompatibility with Specific Plan, General Plan, and Coastal Land Use Plan Policies and Requirements. Dudek denies any liability and intends to defend itself vigorously.
Key Personnel Discipline History – Past 5 Years
There have been no claims or disciplinary action taken against Dudek or any Company key personnel within the past five years.
333
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 16 C. Company Personnel
The Project Team
The Dudek team includes experienced environmental specialists with public agency experience to provide the City with the appropriate skills and experience necessary for the services outlined in the RFP. Our team is fully committed and available for any project and is ready to begin work immediately. Figure 3 outlines the proposed Dudek team and lines of communication for this contract. Biographies for the principal in charge/quality assurance/quality control lead, primary project contact, and task order managers follows; resumes for all members of the project team are included in Appendix D. We are not proposing the use of any subcontractors. All technical work will be conducted by our in-house experts. In accordance with the RFP, all assigned key professional staff are properly licensed to practice in California.
Figure 3. Team Organization Chart
334
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 17 Key Personnel Contact Information and Experience
Table 5 provides a list of names, contact numbers and description of experience, including licenses and/or certifications, of all key personnel who would be assigned to perform the services in the RFP.
Table 5. Key Personnel Qualifications
Staff Name, Title and
Contact Information Responsibilities Experience and Qualifications/Technical Expertise Laura Masterson
Contract Manager/Primary
Contact
949.373.8326
Overall contract and
project management
Quality assurance/quality
control
▪ 11 years’ experience in the management and
preparation of CEQA/NEPA environmental
documents
▪ Specializes in managing large on-call contracts and
preparing complex joint CEQA/NEPA documents with
high public visibility
Megan Enright
Project Manager
760.479.4281
Biological services and
project management
▪ 28 years’ experience in the management and
preparation of CEQA/NEPA environmental
documents
▪ Specializes in biological resource analyses for
environmental documents and regulatory
compliance
Alex Hardy
Project Manager
760.479.4859
CEQA/NEPA task and
project management
▪ 23 years’ experience leading preparation of the full
spectrum CEQA documents for local jurisdictions
▪ Specializes in environmental planning, program
management, quality-control review, and research,
with a particular interest in water and other public
infrastructure projects
Nicole Cobleigh
Project Manager
626.204.9829
CEQA/NEPA task and
project management
▪ 26 years’ experience in environmental planning and
land use development
▪ Specializes in managing all phases of the project
planning and environmental review process,
including budget allocations and monitoring, project
team and subconsultant oversight, scheduling,
presentations at hearing, and public outreach
Tracy Ortega
Project Manager
949.738.5909
CEQA/NEPA task and
project management
▪ 2 years’ experience specializing CEQA/NEPA
compliance and environmental impact analysis
▪ Specializes in preparing CEQA documentation,
including ISs, MNDs, and EIRs, and authoring EIR
sections, including Geology and Soils, Hydrology and
Water Quality, and Utilities.
Alexandra Howard
Project Manager
949.373.8321
CEQA/NEPA task and
project management
▪ 6 years’ experience specializing in CEQA/NEPA
compliance and environmental impact analysis
▪ Specializes in preparation of technical studies
through analyses of air quality, noise, and
transportation impacts to support CEQA
documentation and GIS
335
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 18 Key Personnel Resumes
Our proposed staffing for this project features local experts with substantial relevant local and regional experience. Please see Appendix C for detailed resumes of all proposed team members.
D. Disclosure
Dudek staff do 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.
E. Experience and References
Minimum Experience Requirements
Table 6. Minimum Qualifications
Requirement Corresponding Section and Additional Information At least five (5) years of experience, within the past five (5) years under a legally registered business name in
providing services of a similar type and scope as
described in the Scope of Services.
Cover Letter
Company Information: Relevant Project Experience
Company Personnel: Key Personnel Qualifications
Experience and References: Client References
Have not filed for bankruptcy under any business name
over the past five (5) years.
Dudek has not filed for bankruptcy under any business
name over the past five (5) years
ProcureNow Registration Dudek has an active OpenGov account and appears as a “Prospective Bidder” for this RFP
Licenses Dudek has all applicable licenses necessary for this project.
Our California Business License No. is C1210012
Our City of Banning Business License No. is 20709816
Department of Industrial Relations Registration Dudek’s DIR No. is 1000007200 336
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 19 Client References
ON-CALL ENVIRONMENTAL SERVICES
Client: Riverside County Flood Control and Water Conservation District Reference: Joan Valle, Chief of Regulatory; 1995 Market Street, Riverside, California 92501; 951.955.1200; [email protected]
Period of Performance: 2022–Ongoing
Dudek is providing on-call environmental and regulatory support services for the Riverside County Flood Control and Water Conservation District. Typical environmental and regulatory support and ancillary professional services include the following:
▪ Preparation of CEQA and NEPA documents
▪ Cultural and paleontological resources reports
▪ Biological resources assessments and surveys and habitat conservation planning and design ▪ Wetlands jurisdictional area delineations and impact analysis ▪ Preliminary Environmental Assessment reports
▪ Wetlands and water quality permit negotiations and preparations ▪ MSHCP implementation
▪ Hazardous materials surveys and mitigation
Dudek has worked on multiple projects under these contracts, including the following:
▪ Lakeland Village Master Drainage Plan Program EIR. Dudek prepared a Program EIR for the Riverside County Flood Control and Water Conservation District’s Lakeland Village Master Drainage Plan. The storm drain facilities will be built over 10 to 30 years; therefore, a Program EIR was prepared to outline the environmental analysis and framework for future mitigation that may be needed when a specific facility is to be constructed. As part of our scope of services, Dudek first prepared an environmental constraints analysis so that the Riverside County Flood Control and Water Conservation District could identify its preferred alternative.
▪ Gilman Home Channel Line A Storm Drain–Preliminary CEQA Environmental Document Submittal Package. Dudek was contracted to prepare a pre-CEQA environmental document submittal package for the Riverside County Flood Control and Water Conservation District’s Line A Storm Drain Project. ▪ Short-Notice On-Call Environmental Services, Accidental Discovery, and Biology Surveys. Dudek was contracted to respond to a potential discovery of hazardous materials or buried remains and to perform biological surveys during operation and maintenance activities and construction of new flood control facilities. ▪ Eagle Canyon Dam and Debris Basin Habitat Mitigation Project. Dudek was contracted to assist with enhancement/restoration of 0.93 acres within Eagle Canyon (on site) and 4.79 acres within the Tahquitz Canyon Channel (off site). Dudek is serving as the project biologist and as the restoration and maintenance contractor.
▪ Mockingbird Canyon Wash. Dudek is working with the District on the Mockingbird Canyon Wash Restoration Project, which entails the construction and maintenance of improvements along approximately 1.5 miles along Mockingbird Canyon Wash. Dudek has prepared the following for the 337
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 20 project: delineation of jurisdictional waters report, biological technical report, cultural resources report, paleontological resources report, air quality and GHG modeling, and IS/MND.
Additional task orders have included the following:
▪ San Jacinto River, Stage 3 Master Drainage Plan As-Needed Biological Resources ▪ West Hemet Master Drainage Plan Lines C and D Preliminary Environmental Assessment Report ▪ Bedford Canyon Channel Preliminary Environmental Assessment Technical Reports and Biological Resources Mitigation Planning
▪ Wildomar Master Drainage Plan Lateral C Revision Project ▪ Woodcrest-Rinehart Drainage Plan Project
▪ Cathedral Canyon East Cultural Resources and Hazardous Materials Assessments ▪ Murrieta Creek Vernal Pool Peer Review
▪ Palm Springs Master Drainage Plan Line 41, Stage 3 Habitat Management Plan
MSHCP PREPARATION AND IMPLEMENTATION ASSISTANCE FOR THE WESTERN RIVERSIDE COUNTY
REGIONAL CONSERVATION AUTHORITY
Client: Western Riverside County Regional Conservation Authority Reference: Tricia Campbell, Reserve Monitoring & Management Manager; 3403 Tenth Street, Suite 320, Riverside, California 92501; 951.787.7141; [email protected]
Period of Performance: 2005–Ongoing
Preparation of the MSHCP
The addresses the conservation needs of special-status species across a 1.26-million-acre study area, covering approximately 2,000 square miles. The plan was developed in response to the rapid pace of land conversion to urban development in western Riverside County, which threatened natural habitats and associated species.
Building upon the existing Habitat Conservation Plan (HCP) for the endangered Stephens' kangaroo rat (Dipodomys stephensi), the MSHCP expands reserve areas, establishes new reserves, and enhances habitat linkages and wildlife corridors to preserve regional biodiversity and maintain ecological integrity.
Dudek played a key role in the initial development of the MSHCP as part of the Riverside County Integrated Project (RCIP) visioning process. Our team led extensive
community outreach efforts, engaging cities and
unincorporated areas within the County Plan Area. We
also served as the lead consultant supporting the Board of Supervisors–appointed MSHCP Advisory Committee
and the Policy and Integration Subcommittees during the RCIP process. Additionally, Dudek provided technical
expertise to the RCIP Steering Committee, the Western
Riverside Council of Governments Executive Committee,
and City Planning Directors in reviewing the overall RCIP. 338
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 21 The final MSHCP, which covers 146 species and is the largest of its kind in the nation, was approved by the County Board of Supervisors on June 17, 2003.
Dudek’s approach integrated the MSHCP with the broader RCIP, which also included a transportation plan and a County General Plan update. Our team’s innovative strategies ensured seamless coordination between conservation planning and regional development goals.
Regional Conservation Authority Extension of Staff
Since 2005, Dudek has continued to support the Regional Conservation Authority (RCA), a joint powers authority overseeing MSHCP implementation for Permittees, including Riverside County, multiple cities (including the City of Banning), the Riverside County Flood Control and Water Conservation District, and the California Department of Transportation. As an extension of RCA staff, Dudek provides critical services, such as Joint Project Reviews (JPRs), implementation procedure consultations, minor plan amendments, and criteria refinements, and habitat restoration.
Dudek also delivers training and policy guidance to Permittees and Participating Special Entities, including 18 cities and key regional agencies. Our extensive experience with the RCA and Wildlife Agencies enables us to efficiently navigate complex biological regulations, ensuring that Permittees can successfully integrate conservation requirements into the CEQA process while proactively addressing potential regulatory challenges.
MESA VERDE SPECIFIC PLAN CEQA SERVICES AND SUPPORT
Client: Shopoff Advisors, LP (on behalf of Mesa Verde Owner LLC) Reference: David Graves, Vice President of Development; 18565 Jamboree Road, Suite 200, Irine, California 92612; 949.769.6722; [email protected] Period of Performance: 2022–Ongoing
The Mesa Verde Specific Plan Area 2 Amendment 2 Project, which is an amendment to the Mesa Verde Estates Specific Plan (SPA 13-01) that was previously adopted in 2007 and subsequently amended in 2017, would serve as the policy and regulatory document, functioning as the zoning code, for the development of the Mesa Verde Specific Plan Area 2 Amendment 2 Area in the City of Calimesa. The 1,475-acre proposed project consists of a residential and commercial development located within the Plan Area for the Western Riverside County MSHCP. Dudek conducted vegetation mapping, an aquatic resource delineation, special-status plant surveys, and protocol-level burrowing owl surveys for the proposed project. Dudek has prepared a biological resources technical report, an on-site Habitat Mitigation and Monitoring Plan, the Draft Subsequent EIR, and jurisdictional aquatic resource permits (i.e., Approved Jurisdictional Delineation through the U.S. Army Corps of Engineers, a Waste Discharge Requirement (WDR) through the Regional Water Quality Control Board, and a Section 1602 Streambed Alteration Agreement through the California Department of Fish and Wildlife). The Western RCA issued JPR Findings for the previous iteration of the project. Therefore, for the portions of the project not previously analyzed, Dudek also prepared an MSHCP consistency document and a determination of biological equivalent or superior preservation report in support of a JPR Amendment through the RCA review and approval. The project is still ongoing, but the JPR Amendment Findings have been received and the WDR application was deemed complete by the Regional Water Quality Control Board.
339
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 22 COUNTY OF RIVERSIDE SB 169 AFFORDABLE STUDENT HOUSING PROJECT: CEQA CONSULTING
SERVICES AND DISTRICT WIDE SOLAR PLAN
Client: Riverside Community College District
Reference: Hussain Agah, MSCE, PMP, CCM, LEED, Associate Vice Chancellor, Facilities Planning & Development; 3801 Market Street, 3rd Floor, Riverside, California 92501; 951.222.8871; [email protected]
Period of Performance: 2022–Ongoing
Dudek provided CEQA services, including preparation of an IS/MND and related technical studies, for the Riverside Community College District Solar Plan Project. The project involved the construction of a 2.1-megawatt (MW) photovoltaic (PV) array approximately 6 acres in size on the undeveloped hillside to the northeast of the main Norco College campus and a 0.9-MW ground-mounted PV array approximately 2.7 acres in size on undeveloped land on the easternmost edge of the Moreno Valley College campus. Dudek is currently conducting construction monitoring for the project.
340
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 23
COVINGTON WAREHOUSE PROJECTS, SAN BERNARDINO COUNTY
Client: Covington Group Inc.
Reference: Dana Whitmer, Chief Development Officer; 19782 Macarthur Boulevard, Suite 230, Irvine, California 92612; 949.514.0274; [email protected]
Period of Performance: 2019–Ongoing
Since 2019, Dudek has been providing environmental services to Covington Group Inc. in the High Desert region of San Bernardino County. Over the past six years, we have worked on eight projects covering approximately 650 acres across the Cities of Hesperia and Victorville, as well as the Town of Apple Valley. Our services have included preparing ISs, EIRs, Recirculated EIRs, and Addendums. In providing CEQA services, Dudek has prepared technical reports addressing the following environmental resources:
▪ Air quality and greenhouse gas emissions
▪ Biological resources
▪ Hazardous materials
▪ Noise
▪ Paleontology
▪ Water supply assessments
▪ Cultural resources
▪ Transportation
For biological resources, we have conducted the following surveys:
▪ Biological reconnaissance
▪ Vegetation mapping
▪ Aquatics resources delineation
▪ Habitat assessments for burrowing owl,
American badger, and desert kit fox
▪ Protocol-level desert tortoise
▪ Protocol-level western burrowing owl
▪ Special-status plants and California desert
native plants
▪ Western Joshua tree census
▪ Focused Crotch's bumble bee
Additional biological reports and plans we have prepared include the following:
▪ Aquatics resources delineation report
▪ Burrowing owl relocation plan
▪ Desert kit fox relocation plan
▪ Due diligence report
▪ Western burrowing owl relocation plan
▪ Western Joshua tree relocation plan
We have also prepared and processed the following California Endangered Species Act (CESA) and waters permits for various projects: (1) Western Joshua Tree Conservation Act (WJTCA) Incidental Take Permits (ITPs); (2) approved jurisdiction determination from the U.S. Army Corps of Engineers; (3) Waste Discharge Requirements from the Regional Water Quality Control Board; and (4) Streambed Alteration Agreements from the California Department of Fish and Wildlife. Our work with processing WJTCA ITPs has resulted in the permitted “take” of 4,084 western Joshua trees.
341
Proposal for On-Call CEQA/NEPA Services (RFP 24-096O) 25 Price Proposal
Please see Appendix A for Dudek’s 2025 Standard Billing Rates (Schedule of Charges). They have also been uploaded separately to our OpenGov submission. Per the RFP, if Dudek is charging travel costs, the charges invoiced to the City for travel, lodging and subsistence shall not exceed the current IRS rates.
Evidence of Insurance
Dudek fully meets all insurance requirements as specified in the provided Sample Agreement. A sample certificate of insurance is provided in Appendix B and has been uploaded separately to our OpenGov submission.
Disclosure of Government Positions
See below for a list of all Dudek employees that currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. This information has also been uploaded separately to our OpenGov submission.
Employee Name Position
Current?
Or Past 12 Months?
Jane Gray Central Coast Regional Water Quality Control Board Current Jen Kerschbaum Vallecitos Water District Board of Directors Current Carey Fernandes San Diego State University Alumni Board of Advisors Current Doug Nickles Director for the Conejo Recreation and Park District in Thousand Oaks
Current
Elora Babbini Mendocino County Planning Commission, Airport Land Use Commission and the Public Spaces Commission
for the City of Ukiah
Current
Patricia Ambacher City of Sacramento Preservation Commission Current 342
Appendix A
2025 Standard Billing Rates
343
Engineering Services
DUDEK 2025 Standard Schedule of Charges
Hydrogeology/HazWaste Services
Project Director.......................................................................$345.00/hr Principal Engineer lll ...............................................................$320.00/hr Principal Engineer II................................................................$300.00/hr Principal Engineer I.................................................................$290.00/hr Program Manager...................................................................$275.00/hr Senior Project Manager..........................................................$275.00/hr Project Manager......................................................................$265.00/hr Senior Engineer III...................................................................$260.00/hr Senior Engineer II....................................................................$250.00/hr Senior Engineer I.....................................................................$240.00/hr Project Engineer IV/Technician IV ..........................................$230.00/hr Project Engineer llI/Technician III...........................................$220.00/hr Project Engineer lI/Technician II.............................................$210.00/hr Project Engineer I/Technician I...............................................$190.00/hr 3D Production Manager.........................................................$220.00/hr Senior Designer II ...................................................................$210.00/hr Senior Designer I ....................................................................$200.00/hr Designer..................................................................................$190.00/hr Assistant Designer..................................................................$185.00/hr CADD Operator III....................................................................$180.00/hr CADD Operator II.....................................................................$195.00/hr CADD Operator I......................................................................$155.00/hr CADD Drafter...........................................................................$175.00/hr CADD Technician ....................................................................$125.00/hr Project Coordinator.................................................................$160.00/hr Engineering Assistant.............................................................$125.00/hr Environmental Services
Senior Project Director............................................................$350.00/hr Project Director.......................................................................$300.00/hr Senior Specialist V..................................................................$275.00/hr Senior Specialist IV.................................................................$265.00/hr Senior Specialist III .................................................................$250.00/hr Senior Specialist II ..................................................................$235.00/hr Senior Specialist I ...................................................................$220.00/hr Specialist V..............................................................................$210.00/hr Specialist IV.............................................................................$195.00/hr Specialist III.............................................................................$185.00/hr Specialist II..............................................................................$175.00/hr Specialist I...............................................................................$165.00/hr Analyst V..................................................................................$155.00/hr Analyst IV.................................................................................$145.00/hr Analyst III.................................................................................$135.00/hr Analyst II..................................................................................$125.00/hr Analyst I...................................................................................$105.00/hr Technician IV ..........................................................................$100.00/hr Technician III............................................................................. $90.00/hr Technician II.............................................................................. $80.00/hr Technician I............................................................................... $70.00/hr Project Coordinator II...................................................................$170.00/hr Project Coordinator I ..............................................................$135.00/hr Mapping and Surveying Services
UAS Pilot .................................................................................$165.00/hr Survey Lead ............................................................................$300.00/hr Survey Manager......................................................................$260.00/hr Survey Crew Chief...................................................................$195.00/hr Survey Rod Person..................................................................$145.00/hr Survey Mapping Technician...................................................$135.00/hr Construction Management Services
Principal Manager...................................................................$215.00/hr Senior Construction Manager.................................................$195.00/hr Senior Project Manager..........................................................$190.00/hr Construction Manager............................................................$185.00/hr Project Manager/Construction Management.........................$175.00/hr Resident Engineer ..................................................................$175.00/hr Construction Engineer ............................................................$175.00/hr On-site Owner’s Representative .............................................$160.00/hr Prevailing Wage Inspector......................................................$160.00/hr Construction Inspector............................................................$150.00/hr Administrator/Labor Compliance...........................................$125.00/hr Project Director....................................................................... $345.00/hr Principal Hydrogeologist/Engineer III..................................... $320.00/hr Principal Hydrogeologist/Engineer II...................................... $310.00/hr Principal Hydrogeologist/Engineer I....................................... $300.00/hr Senior Hydrogeologist V/Engineer V ...................................... $275.00/hr Senior Hydrogeologist IV/Engineer IV .................................... $265.00/hr Senior Hydrogeologist III/Engineer III..................................... $255.00/hr Senior Hydrogeologist II/Engineer II....................................... $245.00/hr Senior Hydrogeologist I/Engineer I......................................... $235.00/hr Project Hydrogeologist V/Engineer V...................................... $225.00/hr Project Hydrogeologist IV/Engineer IV.................................... $215.00/hr Project Hydrogeologist III/Engineer III.................................... $205.00/hr Project Hydrogeologist II/Engineer II...................................... $195.00/hr Project Hydrogeologist I/Engineer I........................................ $185.00/hr Hydrogeologist/Engineering Assistant................................... $150.00/hr HazMat Field Technician ........................................................$135.00/hr District Management & Operations
District General Manager....................................................... $225.00/hr District Engineer..................................................................... $215.00/hr Operations Manager............................................................... $165.00/hr District Secretary/Accountant ................................................ $150.00/hr Collections System Manager.................................................. $150.00/hr Grade V Operator.................................................................... $140.00/hr Grade IV Operator................................................................... $125.00/hr Grade III Operator................................................................... $115.00/hr Grade II Operator...................................................................... $95.00/hr Grade I Operator....................................................................... $90.00/hr Operator in Training.................................................................. $80.00/hr Collection Maintenance Worker............................................... $85.00/hr Project Delivery Services
Technology Specialist II.......................................................... $245.00/hr Technology Specialist I........................................................... $190.00/hr GIS Analyst V........................................................................... $220.00/hr GIS Analyst IV.......................................................................... $200.00/hr GIS Analyst III.......................................................................... $185.00/hr GIS Analyst II........................................................................... $145.00/hr GIS Analyst I............................................................................ $130.00/hr Creative Services IV................................................................ $185.00/hr Creative Services III ................................................................ $160.00/hr Creative Services II................................................................. $145.00/hr Creative Services I.................................................................. $130.00/hr Technical Editor lV.................................................................. $185.00/hr Technical Editor lll .................................................................. $160.00/hr Technical Editor ll ................................................................... $145.00/hr Technical Editor l.................................................................... $130.00/hr Publications Specialist lV ....................................................... $135.00/hr Publications Specialist lll........................................................ $125.00/hr Publications Specialist ll......................................................... $115.00/hr Publications Specialist l ......................................................... $105.00/hr Clerical Administration............................................................ $100.00/hr Expert Witness – Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates.