Banning City Council
January 27, 2026

January 27, 2026
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 Preston Norman from Praise Tabernacle Church

1.2 PLEDGE OF ALLEGIANCE

1.3 ROLL CALL

2.1 AGENDA APPROVAL
City Council - Regular Meeting Agenda
January 27, 2026
1 3. PRESENTATIONS

3.1 Proclamation - Youth in Government Day

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 May 27, 2025, and January 13, 2026 Closed Session City Council meetings.

6.2 Receive and File Fire Protective Services Statistics for the Month of December 2025

6.3 Receive and File Code Enforcement Statistics for the Month of December 2025

6.4 Receive and File Police Department Statistics for the Month of December 2025

6.5 Receive and File Animal Control Statistics for the Month of December 2025

6.6 Consideration of Second Reading and Adoption of Ordinance No. 1615, A Zone Text Amendment to Banning Municipal Code Title 17, Chapter 17.88, Section 17.88.020 (NonConforming Structures and Uses).

Recommendation: Proclaim January 29, 2026, as Youth in Government Day.

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
Banning Youth Council Appointment - Position 2, 3, 4, 5, & 7, terms ending January 31, 2027.

Recommendation: Extend the terms of five members of the Banning Youth Council with expiring terms for one year, terms ending January 31, 2027.

5.4 CITY COUNCIL COMMITTEE REPORTS

5.5 CITY MANAGER'S REPORT

5.6 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 of the May 27, 2025, and January 13, 2026 Closed Session City Council meetings.

Recommendation: Receive and file.

Recommendation: Receive and file.

Recommendation: Receive and file.

Recommendation: Receive and file.

Recommendation: Approve second reading and Adoption of Ordinance 1615.

City Council - Regular Meeting Agenda
January 27, 2026
2 6.7 Consideration of Resolution 2026-09, Approving an Agreement with Electric Power Systems International, Inc. for Electric Substation Equipment Maintenance Testing, Advisory, and OnCall Services

6.8 Consideration of Resolution 2026-17, Initiating Proceedings to Update Landscape Maintenance District No. 1 for Fiscal Year 2026/2027

6.9 Consideration of Resolution 2026-18, Awarding a Professional Services Agreement for Project No. 2020-04 Sun Lakes Boulevard Extension Project for Environmental Monitoring Services, to UltraSystems Environmental, Inc. in the amount of $381,900 and approving a 10% contingency for a total budget of “Not-to-Exceed” $420,090

6.10Consideration of Resolution 2026-20, Authorizing the Purchase of Three 35-Foot Fixed Route CNG Buses in the Amount of $2,717,459.56

7. PUBLIC HEARINGS

7.1 Continued from January 13, 2026, meeting - continued deliberation by the City Council to Consideration of Resolution 2026-03, Approving a Tentative Tract Map Application (Case No.

TTM 39259/PTM25-0004), submitted by Tri Pointe Homes to Subdivide 15 Parcels Totaling 160.02 Acres into 544 Single-Family Residential Lots and 36 Condominium Lots (for 248 Duplex Condominium Units) Located at the Northwest Corner of Highland Home Road and the Southern California Edison Corridor.

8. REPORTS OF OFFICERS

9. DISCUSSION ITEMS/ACTION ITEMS

9.1 Consideration of Resolution 2026-16, Authorizing the City Manager to Execute the Voluntary VMT Exchange Program Participation Agreement between the Western Riverside Council of Governments and the City of Banning

9.2 Consideration of Resolution 2026-21, City of Banning Fiscal Year Ending June 30, 2024 Financial Statements and Related Required Reports and Approving a Contract Amendment and an Additional Appropriation for Eide Bailly Related to the City's Fiscal Year Ended June 30, 2024 Audit Increasing the Agreement Amount by $145,000

9.3 Consideration of Resolution 2026-22, Approving a Temporary Payment Plan Policy for a Period of Twelve Months

9.4 Consideration of Resolution 2026-23, Authorizing the City Manager to Execute the Engagement Letter with Stradling Yocca Carlson & Rauth, LLP to Serve as Bond Counsel and Disclosure Counsel to the City of Banning
Recommendation: Adopt Resolution 2026-09
Recommendation: Adopt Resolution 2026-17
Recommendation: Adopt Resolution 2026-18
Recommendation: Adopt Resolution 2026-20
Recommendation:

Adopt Resolution 2026-03
Recommendation: Adopt Resolution 2026-16
Recommendation: Adopt Resolution 2026-21
Recommendation: Adopt Resolution 2026-22
Recommendation: Adopt Resolution 2026-23
City Council - Regular Meeting Agenda
January 27, 2026
3 10. CLOSED SESSION

11. ITEMS FOR FUTURE AGENDAS

12. ADJOURNMENT OF REGULAR MEETING TO FEBRUARY 5, 2026, AT 11:00 Recommendation: MAYOR TO CONTINUE CLOSED SESSION AGENDA ITEMS 10.1 AND 10.2 TO THE ADJOURNED REGULAR MEETING FEBRUARY 5, 2026 at 11:00 a.m. AS SET FORTH UNDER ITEMS 12 - ADJOURNMENT

10.1 Conference with Labor Negotiator Pursuant to Government Code Section 54957.6
Agency Designated Representative: HR Director Lisa Rossi or her designee.

Unrepresented Potential Employee: City Manager.

10.2 Public Employee Appointment/Employment Pursuant to Government Code Section 54957
Title: City Manager.

11.1 NEW ITEMS

11.2 EXISTING ITEMS

1. Emergency Preparedness (Barrington) January 2025

2. Review and Update Council Travel Policy (Flynn) May 2025

3. Streamline Procurement Policy (Flynn) August 2025

4. Community Garden, Sun Lakes (Flynn) September 2025

5.Update (anti-camping) Ordinance 1603 (Flynn) October 2025

6. Revise Manual of Procedural Guidelines, Article 10.3 (c) (Flynn) December 2025

7. Sales Tax Agreement Update with Diamond Chevrolet (Flynn) December 2025

8. Cannabis Warehouse Moratorium (New Facilities Only) (Barrington) December 2025 At the conclusion of this regular meeting on January 27, 2026, the City Council will adjourn and continue this regular meeting until 11:00 a.m. on February 5, 2026, in accordance with the Brown Act including, but not limited to, Government Code Section 54955. The location of the adjourned regular meeting will be 99 E. Ramsey Street, Banning, Ca.

At the conclusion of the adjourned and continued regular meeting on February 5, 2026, the City Council will adjourn and continue the adjourned regular meeting of February 5, 2026, until 10:00 a.m. on February 6, 2026, in accordance with the Brown Act including, but not limited to, Government Code Section 54955. The location of the adjourned, adjourned regular meeting will be 99 E. Ramsey Street, Banning, Ca.

A notice of this adjournment will be posted within 24 hours of the adjournment, at or near the door of the City Council Chambers located at 99 E. Ramsey Street, Banning, Ca. The adjourned regular meeting on February 5, 2026, and the adjourned, adjourned regular meeting on February 6, 2026, will be a regular meeting for all purposes and an agenda will be posted in accordance with the Brown Act, including, but not limited to Government Code Section 54954.2.

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.

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

City Council - Regular Meeting Agenda
January 27, 2026
4 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
January 27, 2026
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
January 27, 2026
6 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: January 27, 2026
SUBJECT: Proclamation - Youth in Government Day
RECOMMENDATION:

Proclaim January 29, 2026, as Youth in Government Day.

BACKGROUND:

The City of Banning established the Banning Youth Council in July of 2023 through Ordinance 1590.

The establishment of the Banning Youth Council was done so to provide city youth with a vehicle to learn about government, participate in the process of government, and to represent and articulate the needs of city youth. Aligned with this purpose, the County of Riverside Youth Commission has established a Youth In Government Day where teens are able to visit Riverside County facilities and learn about local government, civic opportunities, and public service through direct exposure to municipal and county leadership. The entire Banning Youth Council will be participating in this event on January 29, 2026.

JUSTIFICATION:

Youth In Government Day provides the Banning Youth Council with an opportunity to develop a deeper understanding of how local government decisions can impact their community and cultivate our youth as future leaders dedicated to integrity, community enhancement, and engagement.

FISCAL IMPACT:

There is no fiscal impact associated with the Proclamation. There is a nominal cost of travel for the event itself that is covered through our budgeted youth development allocation.

ALTERNATIVES:

N/A
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Proclamation - Youth In Government Day, January 29, 2026.pdf 7 CITY OF BANNING

OFFICE OF THE MAYOR
WHEREAS the Riverside County Board of Supervisors established the Youth Commission in 1998 to engage with local youth and better address their needs in policy making and create an understanding of local government; and
WHEREAS Riverside County has established an annual Youth in Government Day hosted by the Riverside Youth Commission; and
WHEREAS On January 29th, 2026, the 27th annual Youth in Government Day event is scheduled and will provide young people with a valuable opportunity to learn about local government, civic opportunities, and public service through direct exposure to municipal and county leadership; and WHEREAS the City of Banning recognizes that today’s Youth are tomorrow’s leaders, and that meaningful civic education and participation are essential; and WHEREAS the City of Banning City Council established the youth Council in 2023, through the adoption of Ordinance 1590; and
WHEREAS the established purpose of the Banning Youth Council was to provide city youth with a vehicle to learn about government, participate in the process of City Government, represent, and articulate the needs of city youth on matters affecting the youth and teen population; and WHEREAS the City of Banning Youth Council will participate in Youth in Government Day in Riverside, offering its members the opportunity to observe local governance, and further develop leadership and public service skills; and
WHEREAS the Banning Youth Council’s participation in the 27th annual Youth in Government Day will provide them an opportunity to develop critical thinking skills, a deeper understanding of how local government decisions can impact their community, and cultivate future leaders dedicated to integrity and community engagement.

NOW THEREFORE, the City of Banning City Council do hereby proclaim:

Thursday, January 29th, 2026, as Youth In Government Day in the City of Banning and commend the Riverside Youth Commission for hosting this event and the Banning Youth Council for its participation and commitment to civic engagement.

BE IT PROCLAIMED this 27th day of January 27, 2026.

Richard Royce, Mayor
8 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: January 27, 2026
SUBJECT: Banning Youth Council Appointment - Position 2, 3, 4, 5, & 7, terms ending January 31, 2027.

RECOMMENDATION:

Extend the terms of five members of the Banning Youth Council with expiring terms for one year, terms ending January 31, 2027.

BACKGROUND:

The Banning Youth Council’s rules and responsibilities are governed by Chapter 2.42 of the Municipal Code. The Council’s main function is to serve as an advisory board to the City Council and provide a vehicle for the city youth to learn about and participate in local government and provide a vehicle to represent and articulate the needs of city youth.

The Banning Municipal Code Section 2.42.030, Section D, establishes two year terms for appointed Youth Council members with the ability of City Council to extend appointments for subsequent 1-year term for those Youth Council members that are still in high school and would like to continue to serve. A maximum of three total years of service is allowed.

Since it's establishment, the Banning Youth Council has provided a conduit to the teen community, creating and leading events for families and teens, volunteering internally and with external groups, adopting a park, offering community clean up events and aiding in policy development for the community.

At this time, five of the existing Banning Youth Council members have terms set to expire on January 31, 2026 and have all requested to extend their terms the additional year afforded within the Banning Municipal Code Section.

The Banning Youth Council positions requesting the additional one year term are as follows:

Position 2 - Amaya Diaz;
Position 3 - Maya Geronimo;
Position 4 - Kal-El Hernandez;
Position 5 - Malia Lopez;
Position 7 - Luana Patterson
The terms would be extended to January 31, 2027 for these five positions if the Council chooses to do so.

JUSTIFICATION:
9 Banning Municipal Code, Chapter 2.42.030, Section D, allows for the extension of the appointment terms from 2 years to 3 years for appointed Banning Youth Council members who have not graduated high school. The Banning Youth Council as a whole and these five members have been instrumental in positively impacting the City of Banning and the youth in Banning and extensions of their terms would be an asset to the City.

FISCAL IMPACT:

N/A
ALTERNATIVES:

1. The Banning City Council could choose to extend the terms of the five Youth Council members;

2. The Banning City Council could choose to extend the term of certain Banning Youth Council members;

3. The Banning City Council could choose to not extend the existing terms and direct staff to open a new recruitment.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Chapter 2.42_Banning Municipal Code - Banning Youth Council.pdf 10 Title 2 - ADMINISTRATION AND PERSONNEL
Chapter 2.42 YOUTH COUNCIL
Banning, California, Code of Ordinances Created: 2025-06-14 16:06:46 [EST] (Supp. No. 58, 3-25)

Chapter 2.42 YOUTH COUNCIL

2.42.010 Established—Purpose.

There is hereby established a youth council of the city. The youth council shall serve as an advisory board to the city council. The purpose of the youth council is to provide city youth with a vehicle to learn about government, participate in the process of city government, represent and articulate the needs of city youth, and advise the city council on matters affecting the youth and teen population, especially city programs relating to youth and teens.
(Ord. No. 1590, § 2, 7-11-23)

2.42.020 Duties and responsibilities.

The youth council shall have the following duties and responsibilities:

A. The youth council shall foster increased youth involvement in the affairs of city government.

B. The youth council shall study problems and hold forums on issues, activities, and concerns of city youth.

C. The youth council shall comment on existing or proposed legislation, ordinances, resolutions, and policies that impact city youth.

D. The youth council shall present methods to resolve youth-related conflicts between youths and between youths and adults.

E. The youth council shall recommend the implementation of community programs to improve the lives of youth.

F. The youth council shall monitor programs and policies that affect youth to ensure they are achieving the intended results.

G. The youth council shall work with other youth organizations in the city to collaborate on shared issues and interests.

H. The youth council shall submit to the city council an annual report of its activities prior to the end of the school year for the Banning unified school district.

I. The youth council shall utilize social networking sites and/or technology to engage and inform city youth of important city activities.

J. The youth council shall participate in an annual workshop that will introduce the members of the youth council to the city council meeting agenda process, a mock city council meeting, and the role of city officials.

K. At the first regular meeting following appointment of members, the youth council shall select a chairperson and vice-chairperson from among its members. The chairperson and vice-chairperson shall serve for one term.
11 Created: 2025-06-14 16:06:45 [EST]
(Supp. No. 58, 3-25)

1. The chairperson shall preside at the regular and special meetings of the youth council.

2. The chairperson shall serve as the youth council's liaison to the city council.

3. The vice-chairperson shall assume the duties of the chairperson in their absence.

L. The chairperson of the youth council shall attend the regular meetings of the city council and serve as a non-voting liaison to the city council.
(Ord. No. 1590, § 2, 7-11-23)

2.42.030 Qualifications; composition and compensation; appointment; term; vacancies.

A. Qualifications. Members of the youth council:

1. Shall be residents of the city;

2. Shall be high school students in the 9th , 10th , 11th , or 12th grades; and

3. Shall demonstrate, in their application, a sincere interest and motivation to work for the community.

B. Composition and compensation. The youth council shall consist of a minimum of five members and maximum of nine members who shall not receive compensation.

C. Appointment. The city council shall appoint members of the youth council. Applications shall be made available and the closing date announced by July 1 of each year.

D. Term. Youth council members shall serve two-year terms. Members may be appointed for a subsequent oneyear term, provided that no member shall serve more than three years. Youth council members shall serve at the pleasure of the city council and may be removed at any time by a majority vote of the entire council.

E. Vacancies.

1. Any member who is unexcused for two consecutive regular meetings of the youth council or six meetings within a twelve-month period, whether the six meetings are excused or not, will be deemed to have resigned their office and the city council shall appoint a new member to serve in the resigned youth council member's place for the remainder of their term.

2. To be excused from any such meeting, a member shall notify the staff liaison, at least forty-eight hours prior to any such meeting. If a member is unable to attend due to illness, injury, or family matters, a statement by the member at the next regular meeting of the youth council shall constitute an excused absence.
(Ord. No. 1590, § 2, 7-11-23; Ord. No. 1601, § 2, 3-26-24)

2.42.040 Meeting times and place; conduct of meetings; rules of procedure; staff liaison.

A. Meeting times and place. The youth council shall meet on the first Tuesday of each month, except the months of July and December, at a regular time established by resolution of the youth council, at the City Council Chambers located at 99 E. Ramsey Street.

B. Conduct of meetings.

1. The youth council shall be subject to the Brown Act.

2. A quorum of the youth council shall consist of a majority of the members (not including vacancies), whether the youth council is a five-, six-, seven-, eight-, or nine-member body at the time of a meeting.

A quorum must be present in order for the youth council to hold a meeting. 12 Created: 2025-06-14 16:06:45 [EST]
(Supp. No. 58, 3-25)

3. A vote of the majority of members present constituting a quorum shall be required to constitute action taken by the youth council.

C. Rules of procedure. That certain "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, as may be amended from time to time (the "manual"), shall govern the conduct and procedures applicable to meetings of the youth council.

D. Staff liaison. The city manager shall designate the staff liaison to the youth council. The staff liaison to the youth council shall support the youth council in carrying out its purpose, duties, and responsibilities and provide facilities for meetings and other activities, as necessary. (Ord. No. 1590, § 2, 7-11-23; Ord. No. 1601, §§ 3, 4, 3-26-24) 13 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Sandra Calderon, Deputy City Clerk
MEETING DATE: January 27, 2026
SUBJECT: Consideration and Approval of the meeting minutes of the May 27, 2025, and January 13, 2026 Closed Session City Council meetings.

RECOMMENDATION:

Approve the meeting minutes of of the May 27, 2025, and January 13, 2026 Closed Session 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 05 27_City Council_Closed Session_DRAFT.pdf

2. 2025 05 27_City Council_Workshop_DRAFT.pdf

3. 2025 05 27_City Council_Regular Meeting_DRAFT.pdf

4. 2026 01 13_Closed Session Meeting_DRAFT.pdf
14 1

MINUTES

CITY COUNCIL - SPECIAL MEETING (CLOSED SESSION)

CITY OF BANNING, CALIFORNIA
May 27, 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
Robert Fisher, Acting City Manager
Vickie Sellers, City Clerk
Caroline Patton, Administrative City Clerk

1. CALL TO ORDER – 3:00 P.M.

2. PUBLIC COMMENTS - Agenda Items Only
None

3. CLOSED SESSION
John Pinkney, City Attorney read closed session items.

3.1 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: Public Works Director 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. 15 2

3.2 CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION – SIGNIFICANT

EXPOSURE TO LITIGATION
Pursuant to Government Code Section 54956.9(d)(2) and/or (3) Two Potential Cases.

3.3 CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED LITIGATION – POTENTIAL

INITIATION OF LITIGATION
Pursuant to Government Code Section 54956.9(d)(4)
One Potential Case.

3.4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: Interim City Attorney

3.5 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: Acting City Manager

4. ADJOURNMENT – 5:13 P.M.

Prepared by: Amanda Morgan, Program Coordinator
Reviewed and submitted by: Sandra Calderon, 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/205?view_id=1&redirect=true 16 1

MINUTES

CITY COUNCIL - SPECIAL MEETING (WORKSHOP)

CITY OF BANNING, CALIFORNIA
May 27, 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.

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
Caroline Patton, Administrative City Clerk

1. CALL TO ORDER – 5:13 P.M.

2. PUBLIC COMMENTS - Agenda Items Only
No public comments

3. WORKSHOP

3.1 Children's Discovery Museum of the Desert - CDMOD Update Cindy Burreson, CEO, provided a brief history, noting the museum's establishment almost three decades ago by teachers emphasizing hands-on learning. The mission focuses on interactive learning for kids and families.
• The museum stands out due to its high visitor count (85,000 annually), multi-generational appeal, and unique location within a 90-mile radius.
• The main gallery, spanning 8,500 square feet, was divided into six sections with aesthetic improvements.
• Closed during the pandemic in 2020, the museum underwent a reimagination, including exhibit updates
• Building two features refurbished fan favorites like a farmer's market and a world cuisine restaurant to introduce different cultures.
17 2
• A third building is planned for renovation into a teen space with 3D printing, laser cutting, and life skills classes.
• The museum participates in Museums for All, offering reduced admission to EBT cardholders. It serves as an economic driver for local hotels and prioritizes accessibility through automatic doors and materials in English and Spanish.
• The museum is a certified autism center, providing sensory bags and guides. Special events like the Gabby's Dollhouse event drew significant attendance. • The museum acts as a "second responder" during crises, offering a safe space for families. A kids' music festival was organized for L.A. fire evacuees. A fundraiser is scheduled in partnership with Hansen House to support families facing crises.
• The CEO requested consideration for budget allocation to subsidize the EBT program and welcomed support through board membership or volunteering.

Council Questions
• The City Council inquired about the museum's address (71701 Gerald Ford Drive, Rancho Mirage) and operating hours (10 AM to 5 PM every day except Sunday). Science nights are being planned

4. ADJOURNMENT – 5:26 p.m.

Prepared by: Amanda Morgan, Program Coordinator
Reviewed and submitted by: Sandra Calderon, 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/206?view_id=1&redirect=true 18 1

MINUTES

CITY COUNCIL - REGULAR MEETING

CITY OF BANNING, CALIFORNIA
May 27, 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 - 5:27 p.m.

1.1 INVOCATION
Performed by Todd Oldenburg of Thrive Church

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
Caroline Patton, 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.

3. PRESENTATIONS

4. REPORT ON CLOSED SESSION
John Pinkney, City Attorney provided the report.

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS 19 2

5.1 PUBLIC COMMENTS
Nathan Martinez owner of Sundial Collective, spoke on the cannabis tax revenue to city receives and noted that lowering taxes and increased discrepancies have allowed the illicit market to continue, which impacts the city budget. He emphasized better city council coordination to support legal business and help them thrive.

Carlos Zapata emphasized the City’s obligation to follow what the voter’s intended rather than through emotion and then to regulate appropriately. He noted that other Riverside County cities have implemented similar measures and cautioned that failure to act could limit future state options.

Lynnea Hagen asked for City Council to consider returning the City logo back to Stagecoach Town USA.

Sue Savage urged the City council to address homelessness, improve schools, and modernize business processes to attract residents, businesses and investment, contrasting Banning’s stagnation with Beaumont’s growth and calling for a comprehensive strategy for progress.

Devin Julian representing Culture Cannabis Club, requested that the City review and amend the cannabis ordinance to reduce the tax rate from 10% to 5% to remain competitive with surrounding jurisdictions. He cited increased competition, rising operational costs, and higher effective tax rates, and sated that relief is needed to support the sustainability of legal permitted cannabis businesses.

Jeff representing Harvest Corner requested that the City investigate retail cannabis tax rates and consider reducing the tax from 10% to 5%, citing changes in other jurisdictions and concerns that high taxes drive consumers to unlicensed markets. The speaker stated that a lower rate could help sustain legal businesses.

5.2 CORRESPONDENCE
Vickie Sellers, Elected City Clerk read a letter into the record.

5.3 APPOINTMENTS

5.4 CITY COUNCIL COMMITTEE REPORTS
Councilmember Wallace attended SANDAG regarding a CA/Baja border resilience plan, noting that the committee is not only committed to assisting on the border, but addresses reginal transportation plans, infrastructure, water and safety issues. She noted discussions about funding, tribal involvement and water impacts.

Mayor Pro Tem Royce, reported attending the ICS Conference in Nevada, noting discussions on market trends, networking with cities, developers and business and efforts to promote available projects and properties in Banning to attract future entail and economic development opportunities.

Councilmember Miller shared updates about the RTA purchasing 24 new minibuses which will enhance routes from Moreno Valley to Banning and reduce commute times. He also mentioned a successful Coffee with a Cop event at Starbucks, where about 30 people attended and engaged with officers and the Chief for nearly two hours.

Mayor Flynn reported attended the 2-day ICSC Conference in Las Vegas and met with representatives from several retails not currently operating in California. She also attended the 20 3
Budget and Finance Committee meeting on the 20th regarding electric cost of service analysis and rate design. She also reported participating in an animal shelter tour on the 21st and there is a follow up meeting scheduled for June 4th. She attended the fire station’s future needs meeting with city staff and fire services. Finally, the first 2x2 truck route meeting with the City of Beaumont is scheduled for June 5th. Hillwood will present options on the airport property.

5.5 CITY MANAGER'S REPORT
Robert Fisher, Acting City Manager, provided an update regarding continuing encampment clean up’s and hiring a new code enforcement officer.

5.6 CITY ATTORNEY'S REPORT
John Pinkney, City Attorney noted the rules of procedure.

5.7 CITY TREASURER'S REPORT
Sue Savage, City Treasurer, raised concerns regarding a lack of access to financial data and transparency, noting that requested information has not been provided by Finance or clarified by the City Attorney. She reported that the consent agenda includes items totaling an estimated $1.9 million in increased spending without identified offsetting revenues or expense reductions. Based on the city’s population, this increase was described as potentially unsustainable. She thanked the residents of Banning and reaffirmed her commitment to fiscal transparency and accountability.

6. CONSENT ITEMS
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.

Items pulled from the Consent Item Calendar: 6.1, 6.11, 6.12, 6.2, 6.20 6.15, 6.16 Mayor Flynn opened public comment for items not pulled.

None
Mayor Flynn closed public comment for items not pulled.

Motion to approve items not pulled made by Councilmember Wallace and seconded by Councilmember Barrington.

Motion carried unanimously by a vote of 5-0.

6.1 Receive and File Police Department Statistics for the Month of April 2025 Council questions:

Mayor Flynn asked about the offense report and the difference between aggravated and simple assault. She also asked about Drug/Narcotic violations noting it was up 40% and also noticed an increase in crimes in society.

Councilmember Miller asked about animal control statistics, noting he would like to see it reported at council meetings. He also asked about burglary, asking about the dramatic drop.

Councilmember Wallace clarified if there are homeless related statistics in the report.

Mayor Flynn opened public comment
21 4
None
Mayor Flynn closed public comment

6.2 Receive and File Fire Protection Services Statistics for the Month of April 2025 Council questions:

Mayor Flynn asked about the citations issued, noting there are no fees collected, asking that if they comply there is no fee.

Mayor Pro Tem Royce asked about a false alarm fine.

Mayor Flynn opened public comment
None
Mayor Flynn closed public comment

6.3 Public Works Capital Improvement Project Tracking List

6.4 Receive and File Code Enforcement Statistics for the Month of April 2025

6.5 City Council Travel and Conference Expense Report Year to Date Through April 2025

6.6 Receive and File Contracts Approved Under the City Manager's Signature Authority and Inventory Reports for April 2025

6.7 Community Cleanup and Compost Giveaway Event Update

6.8 Accept as Complete Various Improvements Related to the Atwell Specific Plan Development and Authorize 90% Reduction of the Improvement Bonds

6.9 Consideration of Accepting an Easement from Tri-Pointe Homes for Storm Drain Purposes Within Tract 37388-6 and 37388-7 of the Atwell Project

6.10 Approval of Temporary Right of Entry Agreement with Southern California Gas Company (SoCalGas) for Pipeline Replacement Project at APN 532-130-012

6.11 Consideration of Resolution 2025-66, Consolidated Approval of Software-as-a-Service Projects Utilized Citywide.

Council questions:

Mayor Flynn noted the number of software contracts and asked about consolidation of the software services, asking if that project has begun.

Mayor Pro Tem Royce noted false alarm software, noting it seemed useless if the City does not charge for false alarm calls.

Mayor Flynn opened public comment
Diego Rose voices frustration with overreliance on technology, stating that many software systems are unreliable, depend on poor data, and create barriers between the public and service providers. He cautioned against replacing human interaction with automated systems and urged greater accountability and evaluation of long-term technology failures.

Frank Conolly noted that there is a special false alarm system in place, particularly during high wind days, which can trigger impacts. He stated that staff can review and explore the processes.

Mayor Flynn closed public comment.
22 5
Motion made by Councilmember Wallace to approve Resolution 2025-66 and seconded by Councilmember Miller.

Motion carried unanimously by a 5-0 vote.

6.12 Consideration of Resolution 2025-67, Approving Amendment No.1 to the Landscape Operation and Maintenance Contract for Landscape Maintenance District No. 1 with Mariposa Landscapes, Inc. of Irwindale, California for Fiscal Year 2025/2026 in the Amount of $90,002
Council questions:

Councilmember Barrington asked how many employees could be hired for the same price as the Mariposa contracts.

Mayor Flynn opened public comment
Diego Rose, expressed concerns about inefficient landscape and water maintenance, as well as unclear responsibility among the city, contractors, HOAs, and builders. He urged the city to coordinate resources better, plan for expiring contracts, streamline and reduce bureaucracy to improve efficiency and long-term city maintenance.

John Hagen, reported an ongoing sprinkler valve leak in their zone that has caused slippery conditions and safety concerns, despite being reported to the city. He stated that the landscape company is not properly monitoring or maintaining the system, resulting in dead plans and wasted water. He questioned how a $3,000 surplus in the zone’s account will be used, expressed concern over a proposed $90,000 budget increase and suggested the city consider continuing to outsource landscaping is an efficient use of funds.

Juanita Diaz, expressed long-standing concerns about the city’s park and landscape maintenance contracts, particularly the Mariposa contract, which she stated was approved without proper bids or documentation. She reported ongoing sprinkler issues at Lions park, lack of oversight, and poor maintenance of parks and streets despite repeated complaints and photo documentation. She criticized the city’s reliance on contractors, questioned where allocated park funds are being spent, and urged the council and city management to personally inspect conditions, improve oversight, and hold staff and contractors accountable.

Mayor Flynn closed public comment
Council discussion:

Mayor Pro Tem Royce asked who the prior contractor was and why the contract was severed. He also noted that based on comments, it appears Mariposa is not doing their job.

Mayor Flynn asked about the oversight that the City provides for the Mariposa contracts Councilmember Barrington agreed with consolidating all of the parcels together so that it is easier to view, noting that she is in favor of higher more staff to perform the job duties. She also asked if the contracts can be one year versus five years to allow for evaluation.

Motion to approve Resolution 2025-67 made by Mayor Flynn and seconded by Councilmember Wallace.

Motion carries unanimously 5-0
23 6

6.13 Consideration of Resolution 2025-68, Authorizing Staff to Execute an Agreement Regarding Construction and Maintenance of Interim Storm Water Retention Basin and Covenant Running with the Land with Tri-Pointe Homes for Interim Stormwater Facilities Within the Atwell Project

6.14 Consideration of Resolution 2025-70, Approving Amendment No. 4 to the Professional Services Agreement with Albert A. Webb Associates, Inc. for an Additional Amount of $57,080 for Environmental Permitting Related Biological Studies for the Sun Lakes Boulevard Extension Project
Mayor Flynn opened public comment
None
Mayor Flynn closed public comment.

Motion to approve Resolution 2025-70 made by Mayor Pro Tem Royce and seconded by Councilmember Wallace
Motion carried unanimously 5-0.

6.15 Consideration of Resolution 2025 -71, Approving the Fourth Amendment for Contract Services (C00698) for Landscape Maintenance Services for Banning City Parks with Mariposa Landscapes, Inc. in the not too exceed amount of $167,296.95 for FY 2025/26 Mayor Flynn opened public comment
Diego Rose, requested that accountability measures be included with the proposed resolutions to ensure contracted services are actually performed. He cited ongoing, unresolved maintenance issues, including sprinkler repairs, and emphasized that resident reports and public input should result in action. He expressed concern that approving the resolutions would lead to another year of the same issues without enforcement.

Mayor Flynn closed public comment
Council discussion:

Mayor Flynn noted that she felt the Council was clear in its direction.

Motion to approve Resolution 2025 -71 made Councilmember Wallace and seconded by councilmember Miller
Motion carried unanimously 5-0.

6.16 Consideration of Resolution 2025-73, Approving Amendment No. 6 to the Professional Services Agreement with Mariposa Landscapes, Inc. in the Amount of $171,320 for FY 2025/2026 City Property Landscape Maintenance

6.17 Consideration of Resolution 2025-74, Authorizing the City Manager to Execute the Reimbursement Agreement for Preliminary Engineering Services with Union Pacific Railroad in the Amount “Not-to-Exceed” $450,000 for the Hargrave Street Grade Separation Project

6.18 Consideration of Resolution 2025 -75, Approving Amendment No. 2 to the Custodial Services Agreement to Executive Facilities Services, Inc. for Custodial Services at City Facilities in the Amount of $224,512
24 7

6.19 Consideration of Resolution 2025- 76, Approving Amendment No. 1 to a Sole Source Agreement with CASC Engineering and Consulting, Inc. ("CASC") for Consulting Services Related to the Focused General Plan Update in an Amount of $229,268 for a Total Contract Amount Not to Exceed $415,753

6.20 Consideration of Resolution 2025-77, Awarding a Construction Contract for Project No. 2022- 05 Ramsey Street and Omar Street Intersection Improvements, to Van Engineering, Inc. in the Amount of $649,954 and approving a 10% contingency for a total budget of “Not-toExceed” $714,949.40 Council questions:

Mayor Flynn noted that this was passed in 2021, 2022, 2025 and now the project is ready to be completed.

Councilmember Miller asked about sidewalks on both sides of the street. He also asked about a waterline project, and whether the work would have to be torn up for that project.

Mayor Flynn opened public comment
Diego Rose, stated that they have raised concerns about this intersection for many years and have extensive firsthand knowledge of its safety issues. He expressed frustration that the proposed safety corridor project does not include a sidewalk on the south side, removes existing driveway access to their property, and may increase hazards for pedestrians, cyclists, and service vehicles. He expressed that City departments have failed to coordinate planning efforts, which could worsen safety conditions despite the project. While not opposing the approval, he requested City assistance and better planning to address the ongoing and unnecessary safety risks at the intersection.

Mayor Flynn closed public comment
Council discussion:

Councilmember Miller noted that he believes the council would be in favor of finding more money to add a sidewalk to the South side of Ramsey in this location Motion to approve Resolution 2025-77 made by Councilmember Wallace and seconded by Councilmember Miller
Motion carried unanimously 5-0

6.21 Consideration of Resolution 2025-78, Adopting the Revised City of Banning Manual of Procedural Guidelines
Council questions:

Mayor Flynn asked about the guidelines for the one-hour extensions of city council meetings.

Councilmember Wallace clarified where reports from different assigned committees would take place.

Mayor Flynn commented that moving announcements closer to the start of the meeting would be more beneficial to the public.

Mayor Flynn opened public comment
25 8
Frank Conolly confirmed, because he had to step out, what the Council had decided for votes surrounding the extension of meetings.

Mayor Flynn closed public comment
Motion to approve Resolution 2025-78 made by Mayor Pro Tem Royce and seconded by Mayor Flynn.

Motion passes with a 4-1 vote.

7. PUBLIC HEARINGS

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

Council questions:

Mayor Flynn inquired about the number of trucks per day that would be entering and exciting the project and asked if the count included the Robertson’s Ready-Mix trucks as well.

Councilmember Wallace confirmed her agreement with the project, and she strongly agrees that the project will bring business and positivity to the east side of town.

Samsone Group representative spoke, reiterating that they had made their presentation at the last meeting, noting they believed it is a great project to come to Banning.

Mayor Flynn opened public hearing
Louis Lopez stressed that hiring local union apprentices ensures the city gets quality work for the wages paid, noting apprentices progress through a four-year training program. He clarified that these are not temporary jobs but long term, structured training positions.

Juan Serrano voices strong support for the project, emphasizing that it will provide stable, wellpaying jobs for local workers. He noted the developer’s commitment to hiring skilled local labor and paying livable wages, which keeps economic benefits within the community. He stated that the project supports local families, strengthens the community, and urged approval of the project.

The speaker shared their experience working at a women’s discipleship home and explained that projects like this one create meaningful employment opportunities for women reentering into the workforces. She emphasized that such projects help community members find stability, grow and thrive and urged consideration of the populations she represented. 26 9 Zack Straussford expressed support for the project on behalf of Care CA stating that it reflects the will of the impacted community and that the constituents overwhelmingly support it. He thanked the council for considering and amplifying the community’s voice and urged approval of the project.

Robert Ramos of Ironworkers Local 416 spoke in support of the project, emphasizing the importance of livable wages and career opportunities for the local community. He highlighted apprenticeship programs in the trades as viable career paths for local youth, including high school graduates and urged approval of the project.

Kathleen Dale recommended that the approval of the resolutions include consistency with the Multiple Species Habitat Conservation Plan as required by the municipal code and the city’s implementation agreement. She urged the city to provide an interim truck routing solution to reduce traffic on Hathaway near home by constructing alternative road connections until a permanent freeway interchange is completed.

Mayor Flynn closed public hearing
Council discussion:

Councilmember Barrington mentioned that it was important that Ms. Wallace’s constituents are in support of the project. She noted that the area is zoned for industrial, nothing it’s important that the city does not send a message that they are against all warehouses. She believes it is a project that warrants approval.

Councilmember Miller spoke of agreement with Councilmember Barrington and Wallace. He asked about the intersection of Hargrave and Ramsey, and if there were any plans to improve it.

Councilmember Barrington mentioned that a solution for these intersections could include restriping or eliminating a right hand turn lane.

Mayor Flynn asked if there was a way to have a condition of approval Motion to adopt Resolution 2025-59 made by Councilmember Wallace and seconded by Mayor Pro Tem Royce
Motion carried unanimously 5-0.

Motion to adopt Resolution 2025-60 with changes made by Councilmember Wallace and seconded by Mayor Pro Tem Royce.

Motion carried unanimously 5-0.

Vickie Sellers, read Public Hearing by title only. Moton made by Mayor Pro Tem Royce and seconded by Councilmember Miller.

Motion carried unanimously 5-0.

8. REPORTS OF OFFICERS

8.1 Update of the ATP Cycle 7 Grant Application “City of Banning Downtown Active Transportation Improvement Project” Submittal and Seeking Concurrence to reapply for Cycle 8 27 10
Nate Smith, Deputy Public Works Director, provided the staff report.

Council questions:

Councilmember Miller clarified how much staff time this would require.

Councilmember Wallace asked if staff had reached out to SCAG.

Mayor Flynn opened public comment
None
Mayor Flynn closed public comment
Council discussion:

Consensus to move forward.

8.2 Consideration of Resolution 2025-72, Amending Administrative Policy (AP) No. B-35 – Grant Management/Administration
Nicole Jews, HR Manager provided the staff report.

Council questions:

Mayor Flynn confirmed that all grants require approval from the City Council.

Mayor Pro Tem Royce mentioned smaller, one-time grants should be approved by staff.

Mayor Flynn confirmed money limits for council approval for grant application purposes.

Mayor Flynn opened public comment
None
Mayor Flynn closed public comment

8.3 Consideration of Homeless Services
Robert Fisher, Acting City Manager, provided the staff report.

Council questions:

Mayor Pro Tem Royce mentioned reworking grant money and petitioning the grant issuer to change the funds and see if it is approved, noting there is currently no funds that he knows of.

Councilmember Wallace asked if SWAG came back with by laws and governing documents.

Mayor Flynn mentioned the amount of money used to pay salaries at Opportunity village, mentioned the money could be places towards outreach. She asked SWAG if they could intervene and get an individual housed same day.

Mayor Pro Tem Royce asked if the money for salaries mentioned were coming from the grant.

Councilmember Miller mentioned that there is not a guarantee that the State will allow for the money to be reallocated. Mr. Miller mentioned that the council should find out whether there is money going to be available before moving forward. 28
11 Mayor Pro Tem Royce mentioned it being beneficial going back to the State because of the governor’s recent orders; noting the importance of finding if the City has money that can be allocated for homeless services.

Councilmember Barrington asked about the 4.5 FTE employees for opportunity village and how those salaries were paid.

Mayor Flynn opened public comment
Frank Conolly requested confirmation of key details before proceeding, including the total cost for SWAG and clarification on available grant funds. He emphasized the need for fiscal responsibility to avoid future liability, identifying a clear funding source and consider remained funds be redirected. He noted homelessness involves multiple issues, not solely substance abuse.

Kathy Aranda urged the City to move forward without further delay, noting that unused or existing funds may cover the costs and that action should not depend solely on grant funding. She expressed support for mental health and substance abuse treatment, raised public safety concerns and emphasized the need for responsible financial review while avoiding approaches they believe are ineffective.

The speaker asked to present a brief video to provide an overview of their organization’s work, noting that the work done is challenging, but conducted transparently. She addressed comments made at the prior Council meeting, stating that claims regarding civil rights violations or religious motivation were inaccurate, and emphasized their commitment to openness and accountability in their efforts.

Mayor Flynn closed public comment
Council discussion:

Councilmember Miller asked SWAG if there are licensed social workers. Mr. Miller clarified if SWAG still had a contract with the City of Lake Elsinore, and whether outreach teams consisted of 2 individuals.

Councilmember Barrington
Mayor Pro Tem Royce clarified the charge of SWAG in relation to staff that would be provided.

Mayor Flynn emphasized agreement that the amount of monies being used for landscape maintenance and software is an abundant amount compared to homeless services, noting there is money in other places to fund SWAG. She ended her comment by reading a quote for the DA of LA County.

Mayor Pro Tem Royce spoke in favor of moving forward with SWAG on a month-to-month basis while still assessing the budget.

Councilmember Barrington spoke in agreement of moving forward, noting that business are desperate for intervention. She provided support for month-to-month services through SWAG.

Councilmember Miller emphasized not rushing into things, noting that funding is short in the City of Banning. He reiterated not wanting to start something that cannot be finished, noting importances of insuring there is funding.

Motion to move forward with SWAG made by Mayor Flynn and seconded by Councilmember Barrington. 29
12 Motion passes with a vote of 3-2
Motion to move forward another hour in the meeting made by Mayor Pro Tem Royce and seconded by Councilmember Wallace.

Motion failed with a vote of 3-2
Meeting not able to continue

8.4 Consideration of an Agreement with Wanderlust Events for a Summer Food Truck Event Series located at City-Owned Property located at 150 E. Ramsey Street, Banning, CA 92220

9. DISCUSSION ITEMS

10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS

11. ITEMS FOR FUTURE AGENDAS

11.1 NEW ITEMS

11.2 EXISTING ITEMS

1. Update on Community Garden (Flynn)

2. Contracting Animal Services (Flynn)

3. Emergency Preparedness (Barrington)

4. Changes to the Banning Procedural Manual (Royce)

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

6. Patriot Tree (Barrington)

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

8. RFP for City Manager (Wallace)

9. Long term City Strategic Planning (Miller)

10. Review Grant Management Protocol (Flynn)

11. Update on Electric Billing (Miller)

12. Review and Update Council Travel Policy (Flynn)

13. 2x2 Committee on Smith Correctional Facility (Royce)

14. Acting City Manager Evaluation (Miller)

12. ADJOURNMENT
Motion by Mayor Pro Tem Royce to adjourn the meeting, seconded by Council Member Miller Meeting was adjourned 9:48 p.m. Next Regular Meeting, June 10, 2025 at 5:00 p.m.

Prepared by: Amanda Morgan, Program Coordinator
Reviewed and submitted by: Sandra Calderon, 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/207?view_id=1&redirect=true 30 1

MINUTES

CITY COUNCIL - SPECIAL MEETING (CLOSED SESSION)

CITY OF BANNING, CALIFORNIA
January 13, 2026 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: Mayor Pro Tem Cynthia Barrington Council Member Sheri Flynn
Council Member Leroy Miller
Mayor Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Phaedra Norton, Assistant City Attorney Arturo Vela, Interim City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Deputy City Clerk

1. CALL TO ORDER- 3:00 p.m.

COUNCIL MEMBER PRESENT ABSENT
Barrington, Cindy X
Flynn, Sheri X Miller, Leroy X
Royce, Richard X
Wallace, Colleen X

2. PUBLIC COMMENTS - Agenda Items Only
No Public Comments

3. CLOSED SESSION
Phaedra Norton, Assistant City Attorney read closed session items.

Council Member Flynn recused herself from item 3.2 due to a conflict of interest arising from her being named in a lawsuit.

3.1 CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL INITIATION OF

LITIGATION
Pursuant to Government Code Section 54956.9(d)(4). One potential case. 31 2

3.2 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1) - One case Sun Lakes Highlands v. City of Banning et. al. Case No. 5:24-CV-02603-dtb The City Council went into Closed Session at 3:02 p.m.

4. ADJOURNMENT
The City Council reconvened in open session at 3:40 p.m. No reportable action was taken.

Motion by Council Member Miller to adjourn the meeting, seconded by Council Member Wallace.

Motion passed unanimously 5-0. Meeting was adjourned at 3:42 p.m.

Minutes prepared by:

Sandra B. Calderon
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://banninglive.viebit.com/watch?hash=xi3FJzRrMaQahuwZ 32 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Sandra Calderon, Deputy City Clerk
Todd Hopkins, CalFire Division Chief
MEETING DATE: January 27, 2026
SUBJECT: Receive and File Fire Protective Services Statistics for the Month of December 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
33 Robert Fish
Jurisdiction Summary for City of Banning
Fire Chief
Riverside County Fire Department/ CAL FIRE
12/1/2025 to 12/31/2025
Incident Response Activity
*At least 1 Resource Dispatched
Incident Type #
False Alarm 23
Medical 369
Other Fire 2
Other Misc 3
Public Service Assist 31
Rescue 2
Standby 3
Traffic Collision 18
Vehicle Fire 2
Wildland Fire 1
Incident Total 454
Average Enroute to On-Scene Time
*Units Responding Charlie, Delta, Bravo, Echo, Code 3
8 243 63
0 4.22 77.39
<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 334
Total: 334
Mutual Aid Given
Engine 188
Total: 188
Mutual Aid Received
26 Brush 5
Chief 7
Engine 137
Patrol 8
Squad 24
Total: 207
1/1/2026 1:41:33PM Page 1 of 234
Truck Report
recorded 0 responses in from 12/1/2025 1:40:10 PM to 12/31/2025 1:40:10 PM Significant Incidents
1/1/2026 1:41:33PM Page 2 of 235

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: January 27, 2026
SUBJECT: Receive and File Code Enforcement Statistics for the Month of December 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. Code Stats December 2025.pdf
36 Code Enforcement Dec-25 Dec-24 % CHGE YTD-25 YTD-24 % CHGE New Cases Opened 51 15 240% 763 1349 -43%
Total Cases Open 240 429 -44% 4301 5500 -22%
Notice of Violations Issued 244 122 100% 2724 564 383%
Violations Resolved 356 274 30% 2273 4135 -45%
Citations Issued 14 13 8% 123 67 84%
Inspections Completed 200 94 113% 2459 1773 39%
Collected Fee's (Citations) 315 640 -51% 16398.59 120127.43 -86% Red Tagged Properties 0 3 -100% 23 21 10%
AVA Program Vehicles Abated 0 0 0% 0 9 -100%
Weed Abatement Cost Recovery 0 5475.9 -100% 94948.39 13215.28 618% 72 Hour Parking (NOV) CVC 22651 K 12 0 1200% 234 14 1571% Unhoused Encampments Tagged (PC602) 3 0 300% 75 3 2400%

BANNING POLICE DEPARTMENT
DECEMBER, 2025
37 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: January 27, 2026
SUBJECT: Receive and File Police Department Statistics for the Month of December 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.

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:

1. Police Stats December 2025.pdf

2. Group A Offense Report December 2025.pdf
38 CRIME Dec-25 Dec-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 3 0 300% 12 12 0%
Assaults Agg/Simp 12 16 -25% 182 191 -5%
Burglary 2 1 100% 24 72 -67%
Vehicle Theft 3 5 -40% 64 71 -10%
Larceny 19 12 58% 140 180 -22%
OTHER
Narcotics 1 6 -83% 114 139 -18%
DUI 2 2 0% 46 28 64%
T/C Non-Injury 31 7 343% 85 57 49%
T/C Injury 1 8 -88% 45 45 0%
T/C Fatal 0 1 -100% 3 2 50%
Transient Calls 97 108 -10% 1906 1737 10%
Unattended Death 3 4 -25% 72 64 13%
246PC 1 3 -67% 25 10 150%
Citations 49 169 -71% 1127 1081 4%
Total Incidents 2743 3023 -9% 36877 36010 2%

BANNING POLICE DEPARTMENT
DECEMBER, 2025
39 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 2 -100.00% 0 0.00% 0.00% 0.00
Sexual Assault with Object 0 1 -100.00% 0 0.00% 0.00% 0.00 Fondling 0 2 -100.00% 0 0.00% 0.00% 0.00
Aggravated Assault 5 10 -50.00% 3 60.00% 31.25% 15.63
Simple Assault 7 6 16.67% 5 71.43% 43.75% 21.88
Intimidation 2 0 NA 1 50.00% 12.50% 6.25
Kidnapping/Abduction 2 1 100.00% 1 50.00% 12.50% 6.25
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 16 22 -27.27% 10 62.5% 28.07% 50 Robbery 3 0 NA 1 33.33% 8.11% 9.38
Burglary/Breaking & Entering 2 1 100.00% 0 0.00% 5.41% 6.25 Larceny/Theft Offenses 19 12 58.33% 1 5.26% 51.35% 59.38 Motor Vehicle Theft 3 5 -40.00% 1 33.33% 8.11% 9.38
Arson 0 0 NA 0 0.00% 0.00% 0.00
Destruction Of Property 10 6 66.67% 1 10.00% 27.03% 31.25 Counterfeiting/Forgery 0 0 NA 0 0.00% 0.00% 0.00
Fraud Offense 0 2 -100.00% 0 0.00% 0.00% 0.00
Embezzlement 0 0 NA 0 0.00% 0.00% 0.00
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 0 3 -100.00% 0 0.00% 0.00% 0.00 Crimes Against Property Total 37 29 27.59% 4 10.81% 64.91% 115.63 Drug/Narcotic Violations 1 6 -83.33% 1 100.00% 25.00% 3.13 Drug Equipment Violations 1 2 -50.00% 1 100.00% 25.00% 3.13 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 2 3 -33.33% 1 50.00% 50.00% 6.25
Animal Cruelty 0 0 NA 0 0.00% 0.00% 0.00
Crimes Against Society Total 4 11 -63.64% 3 75% 7.02% 12.5 Agency: BANNING PD
Total Group "A" Offenses 57 62 -8.06% 17 29.82% 100% 178.13 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: 12/01/2025 Ending Date: 12/31/2025
Printed On: 01/21/2026

40 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: January 27, 2026
SUBJECT: Receive and File Animal Control Statistics for the Month of December 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.

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. Good Police Stats ACO 2025 DEC.pdf
41 CATEGORY Dec-25 Dec-24 % CHGE YTD-25 YTD-24 % CHGE
Calls for Service 92 88 5% 1309 1177 11%
Animals Impounded 14 10 40% 119 66 80%
Animals Euthanized 2 2 0% 19 35 -46%
Bite Reports 2 2 0% 37 31 19%
Citations Issued 0 0 0% 0 0 0%
Expenses 1417.852 1343.94 5% 24319.16 16734.6 45%
Revenue 370.9 256.66 45% 9037.55 10475.66 -14%

BANNING POLICE DEPARTMENT
DECEMBER, 2025
42 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Mary Yaryan, Associate Planner
MEETING DATE: January 27, 2026
SUBJECT: Consideration of Second Reading and Adoption of Ordinance No. 1615, A Zone Text Amendment to Banning Municipal Code Title 17, Chapter

17.88, Section 17.88.020 (Non-Conforming Structures and Uses).

RECOMMENDATION:

Approve second reading and Adoption of Ordinance 1615.

BACKGROUND:

On August 6, 2025, the Planning Commission directed staff to initiate a Zone Text Amendment to Banning Municipal Code (BMC) Section 17.88.020 to address limitations on the reconstruction of legally established non-conforming residential structures that are damaged or destroyed by catastrophe. This direction was prompted by a recent case involving a property owner whose home, located in the Airport Industrial (AI) zoning district, was destroyed by fire and could not be rebuilt under the current code due to its non-conforming status. However, similar situations may arise throughout the City where legally established residential structures exist in zoning districts that no longer permit residential use.

To address this broader issue and to help preserve the City’s existing housing stock, staff drafted an amendment to Section 17.88.020 (Non-Conforming Structures and Non-Conforming Uses) of the Banning Zoning Ordinance. The proposed amendment would allow legally established non-conforming residential structures to be reconstructed to their original size, placement, and density, regardless of current zoning standards, and would remove the existing two-year time limitation for reconstruction following destruction.

Pursuant to the requirements of BMC Chapter 17.116 (Zoning Ordinance Amendments), the amendment was processed as Application No. PZTA25-0001 and brought before the Planning Commission for consideration. At a special meeting on November 17, 2025, the Planning Commission voted 4-0 to adopt Resolution No. 2025-017, recommending City Council approval of the proposed ordinance.

On January 13, 2026, the City Council conducted the first reading of Ordinance No. 1615 and approved it on a 5-0 vote. The ordinance is now being presented for second reading and adoption.

JUSTIFICATION:

The proposed amendment to BMC Section 17.88.020 is intended to provide greater flexibility for the repair and reconstruction of legally established non-conforming residential structures that are damaged or destroyed by catastrophe. Under current code, such structures cannot be rebuilt if damage exceeds 50% of replacement cost, even if they were originally permitted. Enforcement of this restriction can result in the permanent loss of housing stock, especially in locations where residential uses are no longer permitted by current zoning. While the amendment was prompted by a recent case in the Airport 43 Industrial (AI) zoning district, legally established non-conforming residences exist in multiple zoning districts citywide. The amendment supports Goal 1.0 of the City’s Housing Element, which promotes the maintenance and preservation of existing housing, and aligns with Program 5, which identifies the need to preserve non-conforming homes in non-residential zones. Allowing these structures to be rebuilt to their original size, placement, and density, and by removing the two-year reconstruction deadline, the ordinance ensures fairness for affected property owners and helps preserve Banning’s housing stock.

FISCAL IMPACT:

There is no direct fiscal impact associated with these actions.

ALTERNATIVES:

Do not adopt Ordinance 1615.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. ORDINANCE 1615 ZTA25-0001.pdf

2. Exhibit A - Ch 17.88 Legislative Revisions.pdf

3. Exhibit B - Ch 17.88 Updated.pdf
44 Ordinance 1615

ORDINANCE NO. 1615

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BANNING, CALIFORNIA, AMENDING SECTION 17.88.020 OF CHAPTER

17.88 (NON-CONFORMING STRUCTURES AND NON-CONFORMING
USES) OF TITLE 17 (ZONING) OF THE BANNING MUNICIPAL CODE TO

PROVIDE GREATER FLEXIBILITY FOR THE REPAIR AND

RECONSTRUCTION OF LEGALLY ESTABLISHED NON-CONFORMING

RESIDENTIAL STRUCTURES
WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City of Banning is authorized to adopt and enforce ordinances and regulations not in conflict with the general laws to protect the public health, safety, and welfare; and WHEREAS, Chapter 17.88 of the Banning Municipal Code regulates nonconforming structures and non-conforming uses within the City; and WHEREAS, Section 17.88.020 currently limits the repair and reconstruction of legally established non-conforming residential structures that are damaged or destroyed by catastrophe; and
WHEREAS, the City has identified the need to provide greater flexibility for the repair and reconstruction of legally established non-conforming residential structures in order to preserve existing housing stock within the City, including housing located in zoning districts where residential uses are no longer permitted; and WHEREAS, on August 6, 2025, the Planning Commission directed staff to initiate a Zone Text Amendment to Chapter 17.88 of the Banning Municipal Code; and WHEREAS, the proposed Zone Text Amendment was processed as Application No. PZTA25-0001; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on November 17, 2025, to consider the proposed Zone Text Amendment; and WHEREAS, following the public hearing, the Planning Commission voted 4-0 to adopt Resolution No. 2025-017, recommending that the City Council approve the amendment to Chapter 17.88 of the Banning Municipal Code; and WHEREAS, the City Council finds that the proposed amendment is consistent with the goals and policies of the City of Banning General Plan, including Housing Element Goal 1.0, which promotes the maintenance and preservation of the City’s existing housing stock; and
WHEREAS, the City Council further finds that the proposed amendment is internally consistent with the Banning Zoning Ordinance and supports orderly development while protecting the public health, safety, and welfare; and 45 Ordinance 1615

WHEREAS, the City Council has independently reviewed and considered the requirements of the California Environmental Quality Act (CEQA) and finds that the proposed amendment is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, as the amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project” as defined in Section 15378 of the CEQA Guidelines.

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANNING, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS:

SECTION 1. INCORPORATION OF RECITALS.

The recitals reflected above are true and correct and incorporated herein by this reference as the cause, purpose, and foundation for the action taken by the City Council through this Ordinance.

SECTION 2. ENVIRONMENTAL DETERMINATION.

The City Council finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project” as defined in Section 15378 of the CEQA Guidelines
SECTION 3. APPROVAL.

The City Council hereby approves Ordinance No. 1615 amending the City of Banning Municipal Code.

SECTION 4. AMENDMENT TO THE BANNING MUNCICPAL CODE.

Section 17.88.020 of Chapter 17.88, Title 17 (Zoning) of the Banning Municipal Code is hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by this reference.

SECTION 5. PROSECUTION OF PRIOR ORDINANCES.

Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.
46 Ordinance 1615

SECTION 6. SEVERABILITY.

The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the Ordinance enforced.

SECTION 7. CERTIFICATION AND PUBLICATION.

The Mayor shall sign and the City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Banning’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 8. EFFECTIVE DATE.

This Ordinance will become final and effective thirty (30) days following its passage and adoption by the City Council.

INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Banning, California, held on the 13th day of January 2026, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Banning, California, held on the 27th day of January 2026, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
47 Ordinance 1615

Richard Royce, 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
48 Ordinance 1615

CERTIFICATION:

I, Sandra Calderon, Acting Deputy City Clerk of the City of Banning, California, do hereby certify that Ordinance 1615 was duly introduced at a regular meeting of the City Council of the City of Banning, held on the 13th day of January, 2026, and was duly adopted at a regular meeting of said City Council on the 13th day of January, 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Acting Deputy City Clerk
City of Banning, California
49 EXHIBIT A
Title 17 - ZONING
Division IV. - ADMINISTRATION
Chapter 17.88 NON-CONFORMING STRUCTURES AND NON-CONFORMING USES

Chapter 17.88 NON-CONFORMING STRUCTURES AND NON-CONFORMING USES

17.88.010 Purpose.

A. These provisions provide for the orderly termination of non-conforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses into conformity with the goals and policies of the General Plan. The intent of this chapter is to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable and timely manner.

B. Non-conforming structures and uses within the City are generally detrimental to both orderly and complementary development, and the general welfare of citizens and property. Furthermore, it is the intent of this chapter that non-conforming structures and uses shall be eliminated as rapidly as possible without infringing upon the constitutional rights of property owners.

17.88.020 Non-conforming structures.

Structures which lawfully existed prior to the effective date of this Zoning Ordinance are legal nonconforming structures, and may continue even though they fail to conform to the present requirements of the land use district in which they are located. Legal non-conforming structures may be maintained as follows:

A. Legal non-conforming structures which are damaged up to one-half (½) or more of the replacement cost immediately prior to such damage may be restored only if made to conform to all provisions of the Zoning Ordinance. However, any residential structure(s), including multifamily, in a residential land use district destroyed by a catastrophe, including fire and or earthquake, may be reconstructed up to the original size, placement, and density and not to exceed 100% of the reasonable value of such structure(s) at the time such damage occurred. However, reconstruction shall be substantially completed within two (2) years of the damage or destruction.

B. Necessary repairs and desired alterations may be made to legal non-conforming residential structures located in a residential land use district.

C. Reasonable repairs and alterations may be made to legal non-conforming commercial, institutional, or industrial structures, provided that no structural alterations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the Chief Building Official determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the non-conforming structure, or adjacent property and the cost does not exceed onehalf (½) of the replacement cost limitations, provided that such retrofitting is strictly limited to compliance with earthquake safety standards.

D. Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal non-conforming commercial, institutional, or industrial structure, provided that the cost of the desired improvement or repair shall not exceed one-half (½) of the replacement cost of the non-conforming structure over any consecutive five (5) year period.

E. The replacement cost shall be determined by the Chief Building Official of the City. 50

F. Any additional development of a parcel with a legal non-conforming structure will require that all new structures be in conformance with this Zoning Ordinance.

G. If a structure is permitted but is non-conforming only due to off-street parking or loading standards, expansion of that structure will require that it meet off-street parking or loading standards for the existing structure as well as for the expansion, in conformance with Chapter 17.28, Parking Standards.

H. If the use of a non-conforming structure is discontinued for a period of 6 or more consecutive calendar months, the structure shall lose its legal non-conforming status, and shall be removed or altered to conform to the provisions of this Development code. A use of a legal non-conforming structure shall be considered discontinued when any of the following apply:

1. The Director has determined, by whatever means, that the intent of the owner to discontinue use of the non-conforming structure is apparent.

2. Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued for a period of 6 or more consecutive calendar months.

3. Where there are either no business sales receipts or no business purchase receipts available for the 6 month period.

4. Where there has been no electrical utility bill paid for the property for the 6 month period.

17.88.030 Non-conforming uses.

Non-conforming uses are those which lawfully existed prior to the effective date of this Zoning Ordinance, but which are no longer permitted in the land use district in which they are located. The continuance of legal nonconforming uses are subject to the following:

A. Change of ownership, tenancy, or management of a non-conforming use shall not affect its legal nonconforming status, provided that the use and intensity of use does not increase.

B. If a non-conforming use is discontinued for a period of six (6) or more consecutive calendar months, it shall lose its legal non-conforming status, and the continued use of the property shall be required to conform with the provisions of this Zoning Ordinance.

C. Additional development of any property on which a legal non-conforming use exists shall require that all new uses conform to the provisions of this Zoning Ordinance.

D. If a non-conforming use is converted to a conforming use, no non-conforming use may be resumed.

E. No non-conforming use may be established or replaced by another non-conforming use, nor may any non-conforming use be expanded or changed, except as provided in this chapter.

F. A nonconforming use located in a commercial or industrial zone may be expanded up to but not exceeding 50 percent of the existing floor area provided the expansion conforms to all other requirements of the zone and subject to the approval of a conditional use permit by the planning commission.

17.88.040 Abatement of non-conforming uses.

Legal non-conforming uses shall be discontinued within the following specified time limits, from the effective date of this Zoning Ordinance:
51

Table 17.88.040
Abatement Schedule
1 Non-conforming uses which do not
occupy structures
5 years
2 The non-conforming use of a
conforming structure within any
commercial or industrial land use
district
10 years
3 Non-conforming uses of a
conforming structure within any
residential land use district
15 years

17.88.050 Certificate of occupancy prohibited.

When any non-conforming structure or use is no longer permitted pursuant to the provisions of this chapter, no permit for a structure shall thereafter be issued for further continuance, alteration, or expansion. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming structure or use.

17.88.060 Offers of dedication for right-of-way—No nonconformity.

When a property owner, upon request by the City, offers dedication for right-of-way which results in the reduction of a dimension of the property below the minimum property development requirements in the Zoning Ordinance, Council shall make a finding that such dedication is for public purposes and the reduction in minimum required dimension shall not in and of itself, create a nonconformity, pursuant to this Zoning Code.

17.88.070 Removal of illegal non-conforming structures and uses.

Nothing contained in this chapter shall be construed or implied as to allow for the continuation of illegal nonconforming structures and uses. Said structures and uses shall be removed immediately subject to the provisions of this ordinance regarding the enforcement of provisions, and State Law.

17.88.080 Nonconforming lots.

Any lawfully created lot that becomes nonconforming with regard to lot area, lot width, or lot depth may be developed for a structure that would otherwise be allowed in that zone as long as all development standards are met with the exception of lot size or dimension, or a variance is obtained for any standards that cannot be achieved.
52 EXHIBIT B
Title 17 - ZONING
Division IV. - ADMINISTRATION
Chapter 17.88 NON-CONFORMING STRUCTURES AND NON-CONFORMING USES

Chapter 17.88 NON-CONFORMING STRUCTURES AND NON-CONFORMING USES

17.88.010 Purpose.

A. These provisions provide for the orderly termination of non-conforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses into conformity with the goals and policies of the General Plan. The intent of this chapter is to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable and timely manner.

B. Non-conforming structures and uses within the City are generally detrimental to both orderly and complementary development, and the general welfare of citizens and property. Furthermore, it is the intent of this chapter that non-conforming structures and uses shall be eliminated as rapidly as possible without infringing upon the constitutional rights of property owners.

17.88.020 Non-conforming structures.

Structures which lawfully existed prior to the effective date of this Zoning Ordinance are legal nonconforming structures, and may continue even though they fail to conform to the present requirements of the land use district in which they are located. Legal non-conforming structures may be maintained as follows:

A. Legal non-conforming structures which are damaged up to one-half (½) or more of the replacement cost immediately prior to such damage may be restored only if made to conform to all provisions of the Zoning Ordinance. However, any residential structure(s), including multifamily, destroyed by a catastrophe, including fire or earthquake, may be reconstructed up to the original size, placement, and density and not to exceed 100% of the reasonable value of such structure(s) at the time such damage occurred.

B. Necessary repairs and desired alterations may be made to legal non-conforming residential structures located in a residential land use district.

C. Reasonable repairs and alterations may be made to legal non-conforming commercial, institutional, or industrial structures, provided that no structural alterations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the Chief Building Official determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the non-conforming structure, or adjacent property and the cost does not exceed onehalf (½) of the replacement cost limitations, provided that such retrofitting is strictly limited to compliance with earthquake safety standards.

D. Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal non-conforming commercial, institutional, or industrial structure, provided that the cost of the desired improvement or repair shall not exceed one-half (½) of the replacement cost of the non-conforming structure over any consecutive five (5) year period.

E. The replacement cost shall be determined by the Chief Building Official of the City.

F. Any additional development of a parcel with a legal non-conforming structure will require that all new structures be in conformance with this Zoning Ordinance. 53

G. If a structure is permitted but is non-conforming only due to off-street parking or loading standards, expansion of that structure will require that it meet off-street parking or loading standards for the existing structure as well as for the expansion, in conformance with Chapter 17.28, Parking Standards.

H. If the use of a non-conforming structure is discontinued for a period of 6 or more consecutive calendar months, the structure shall lose its legal non-conforming status, and shall be removed or altered to conform to the provisions of this Development code. A use of a legal non-conforming structure shall be considered discontinued when any of the following apply:

1. The Director has determined, by whatever means, that the intent of the owner to discontinue use of the non-conforming structure is apparent.

2. Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued for a period of 6 or more consecutive calendar months.

3. Where there are either no business sales receipts or no business purchase receipts available for the 6 month period.

4. Where there has been no electrical utility bill paid for the property for the 6 month period.

17.88.030 Non-conforming uses.

Non-conforming uses are those which lawfully existed prior to the effective date of this Zoning Ordinance, but which are no longer permitted in the land use district in which they are located. The continuance of legal nonconforming uses are subject to the following:

A. Change of ownership, tenancy, or management of a non-conforming use shall not affect its legal nonconforming status, provided that the use and intensity of use does not increase.

B. If a non-conforming use is discontinued for a period of six (6) or more consecutive calendar months, it shall lose its legal non-conforming status, and the continued use of the property shall be required to conform with the provisions of this Zoning Ordinance.

C. Additional development of any property on which a legal non-conforming use exists shall require that all new uses conform to the provisions of this Zoning Ordinance.

D. If a non-conforming use is converted to a conforming use, no non-conforming use may be resumed.

E. No non-conforming use may be established or replaced by another non-conforming use, nor may any non-conforming use be expanded or changed, except as provided in this chapter.

F. A nonconforming use located in a commercial or industrial zone may be expanded up to but not exceeding 50 percent of the existing floor area provided the expansion conforms to all other requirements of the zone and subject to the approval of a conditional use permit by the planning commission.

17.88.040 Abatement of non-conforming uses.

Legal non-conforming uses shall be discontinued within the following specified time limits, from the effective date of this Zoning Ordinance:

Table 17.88.040
Abatement Schedule
54

1 Non-conforming uses which do not
occupy structures
5 years
2 The non-conforming use of a
conforming structure within any
commercial or industrial land use
district
10 years
3 Non-conforming uses of a
conforming structure within any
residential land use district
15 years

17.88.050 Certificate of occupancy prohibited.

When any non-conforming structure or use is no longer permitted pursuant to the provisions of this chapter, no permit for a structure shall thereafter be issued for further continuance, alteration, or expansion. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming structure or use.

17.88.060 Offers of dedication for right-of-way—No nonconformity.

When a property owner, upon request by the City, offers dedication for right-of-way which results in the reduction of a dimension of the property below the minimum property development requirements in the Zoning Ordinance, Council shall make a finding that such dedication is for public purposes and the reduction in minimum required dimension shall not in and of itself, create a nonconformity, pursuant to this Zoning Code.

17.88.070 Removal of illegal non-conforming structures and uses.

Nothing contained in this chapter shall be construed or implied as to allow for the continuation of illegal nonconforming structures and uses. Said structures and uses shall be removed immediately subject to the provisions of this ordinance regarding the enforcement of provisions, and State Law.

17.88.080 Nonconforming lots.

Any lawfully created lot that becomes nonconforming with regard to lot area, lot width, or lot depth may be developed for a structure that would otherwise be allowed in that zone as long as all development standards are met with the exception of lot size or dimension, or a variance is obtained for any standards that cannot be achieved.
55 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Brandon Robinson, Electrical Engineering Supervisor Fred Lyn, Deputy Electric Utility Director
MEETING DATE: January 27, 2026
SUBJECT: Consideration of Resolution 2026-09, Approving an Agreement with Electric Power Systems International, Inc. for Electric Substation Equipment Maintenance Testing, Advisory, and On-Call Services RECOMMENDATION:

Adopt Resolution 2026-09
BACKGROUND:

The City of Banning Electric Utility (BEU) owns and operates one (1) 4.16kV and six (6) 12.47kV distribution substations throughout the Banning electric service territory. The lone 4.16kV substation, Airport Substation, is scheduled to be decommissioned during the 2026/27 fiscal years which will conclude BEU's 4kV-to-12kV conversion program.

BEU completed substation maintenance services at Midway, 22nd Street, Sunset, and the original San Gorgonio substations between 2018 and 2021. During this period, BEU also replaced major equipment such as eliminating circuit breakers that carried greenhouse gasses, decommissioned the 4.16kV Alola Substation, and executed construction contracts to build and energize three (3) new 12.47kV substations which were Ivy, Stagecoach and the new build of San Gorgonio Substation to accommodate future load growth and system reliability.

RFP 25-105 Electric Substation Equipment Maintenance Testing, Advisory & On-Call Services was advertised on August 21, 2025. The Schedule of Performance within the Request for Proposal included maintenance and testing of various equipment over a three-year period.

On October 2, 2025, three (3) proposals were received:

Company Bid

1. Electric
Power
Systems Inc.
$193,665.00

2. VISTAM,
Inc.
$795,573.89

3. Hampton
Tedder Electric
Co.
$1,402,692.00
56 An evaluation committee consisting of three (3) utility professionals was assembled to evaluate the proposals based on the qualifications and experience of the proposed team; their ability to provide the requested engineering services; and rates. Based on the review of the evaluation committee members and the overall ranking of each firm, it is recommended to award the contract to Electric Power Systems Inc. in the amount of $193,665.00 over the three-year service period.

This new contract will consist of testing substation breakers, transformers, switches, protective relays and other equipment by specialty technicians within the substations and in accordance with industry standards, specifications and maintenance schedules. BEU has a current need to perform required preventative maintenance at all seven substations which include the San Gorgonio, Ivy, Stagecoach, Midway, 22nd Street, Sunset, and Airport Substations. These maintenance activities will increase the reliability of Banning’s electric system. All work will be coordinated and inspected by BEU staff.

In addition to preventative maintenance activities at the substations, this contract will include Advisory and On-Call services related to the troubleshooting, installation, programming, and maintenance of BEU's substation systems. A list is general items expected to be completed for advisory and on-call services include:

1. Diagnose substation transformer, breaker and relay tripping issues that result in outage or malfunction of equipment.

2. Diagnose substation equipment or software issues showing incorrect status on SCADA HMI.

3. Provide a full report of the findings with recommendations for repair or details of the repair if issues are corrected during on-call support activities.

Staff is recommending that an additional $100,000 be allocated to On-Call and advisory services over the three-year period. The total to be awarded to Electric Power Systems International, Inc. will be $293,665.

JUSTIFICATION:

This contract consists of testing substation breakers, transformers, switches, protective relays and other equipment within BEU's substations in accordance with industry standards as required by the California Public Utilities Commission (CPUC) General Order No. 174 (GO174), which defines standards for substation equipment inspection and maintenance protocols. These standards promote worker/operator safety and increased reliability of the grid.

The absence of a qualified substation protection and relay technician limit's BEU's ability to diagnose issues with substation equipment quickly and efficiently when these issues occur. The presence of an on-call contract to help evaluate and alleviate these issues as they arise will help fill this void.

FISCAL IMPACT:

BEU would require an appropriation from the Electric Fund to account 670-7000-473.45-05 Substation Expense in the amount of $193,665.00 for costs associated with the Required Maintenance Intervals for substation equipment in the pricing proposal for RFP25-105 over a three-year period:

Fiscal Year Amount % of Contract
FY 25/26 - FY 27/28 $193,665 100%
BEU would also require an appropriation from the Electric Fund to account 670-7000-473.45-05 Substation Expense in the amount of $100,000.00 for costs associated with the on-call and advisory services of this contract:
57 Fiscal Year Amount % of Contract
FY 25/26 $50,000 50%
FY 26/27 $25,000 25%
FY 27/28 $25,000 25%
ALTERNATIVES:

Do not approve Resolution 2026-09 and provide alternative direction.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution_2026-09_Substation_Maintenance_1-27-26.docx

2. RFP 25-105_Addendum #6.pdf

3. EPS_Full Proposal and Pricing.pdf

4. Notice of Intent to Award (37).pdf

5. Agreement For Professional Services.pdf
58 Resolution 2026-09

RESOLUTION 2026-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AN AGREEMENT WITH ELECTRIC POWER SYSTEMS INTERNATION, INC.

FOR ELECTRIC SUBSTATION EQUIPMENT MAINTENANCE TESTING, ADVISORY, & ONCALL SERVICES WHEREAS, the City of Banning owns and operates a municipal electric utility known as the Banning Electric Utility (BEU); and
WHEREAS, BEU owns and operates one (1) 4.16kV and six (6) 12.47kV distribution substations throughout the Banning electric service territory; and WHEREAS, BEU requires testing and maintenance of substation breakers, transformers, switches, protective relays and other equipment by specialty technicians within the four 12kV stations; and in accordance with industry standards, specifications and maintenance schedules as required by the California Public Utilities Commission (CPUC) General Order No. 174 (GO174). These standards promote worker/operator safety and increased reliability of the grid; and
WHEREAS, BEU also has a need for advisory and on-call services related to the troubleshooting, installation, programming, and maintenance of BEU's substation systems to diagnose issues with substation equipment quickly and efficiently when they occur; and WHEREAS, BEU had last completed substation maintenance and testing activities during the 2020/21 fiscal year; and
WHEREAS, on August 21, 2025, staff solicited proposals for RFP 25-105 Electric Substation Equipment Maintenance Testing, Advisory & On-Call Services and received proposals on October 2, 2025; and
WHEREAS, all proposals were evaluated and Electric Power Systems International, Inc. was recommended for award of the maintenance contract with advisory and on-call services in the amount of $293,665 over the three-year service period; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves the Professional Services Agreement with Electric Power Systems International, Inc. for the Electric Substation Equipment Maintenance Testing, Advisory & On-Call Services for a three-year term in the amount of $293,665.00 and subsequent amendments to extend the Agreement for up to two (2) additional one(1)-year terms upon satisfactory performance.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Electric Substation Equipment Maintenance Testing, Advisory & On-Call Services agreement and to execute the Professional Services Agreement with Electric Power Systems International, Inc., on behalf of the City Council.

SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution. 59 Resolution 2026-09

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 27th day of January 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

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

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
60 Resolution 2026-09

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-09, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 27th day of January 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
61 AWARD PENDING
RFP-25-105 Substation Maintenance Testing, Advisory, & On-Call Services  Request for Proposal
 Purchasing Division
 28582, 28584, 28586, 28587, 40575... show all
Project ID: RFP-25-105
Release Date: Thursday, August 21, 2025
Due Date: Thursday, October 2, 2025 4:00pm
 Posted  Thursday, August 21, 2025 5:21pm
 Bid Unsealed Monday, October 6, 2025 3:36pm by Angelo Heidt  Pricing Unsealed Monday, October 6, 2025 3:36pm by Angelo Heidt All dates & times in Pacific Time
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1. Notice

REQUEST FOR PROPOSALS (RFP)
RFP-25-105 Substation Maintenance Testing, Advisory, & On-Call Services Dear Proposers:

The City of Banning (hereinafter referred to as the “City”) is requesting proposals from a qualified public entity or private firm, to establish a contract for the scope of services outlined in this request for proposals.

NOTICE IS HEREBY GIVEN that online price and document submittals must be uploaded to the online bidding system in accordance with the instructions included herein, on or before the time and date set forth in the schedule of events. It shall be the responsibility of the proposer to upload their proposal before the announced time. However, responses may be submitted at any time prior to the deadline. (Submitted proposals may be withdrawn and resubmitted at any time prior to the deadline, and cannot be viewed by City staff until the close date and time.) SOLICITATION DOCUMENTS: To obtain a copy of the solicitation documents, please visit https://procurement.opengov.com/portal/banning-ca. If you are not currently registered with the City of Banning through OpenGov, please create an account and subscribe to this project for notifications. Proposals may only be submitted by companies who are listed as a prospective bidder on the electronic bidding website for each project that they wish to submit a response to. Firms must also check the web site periodically for addenda information as failure to download and acknowledge any and all addenda in the submittal will result in proposer disqualification.

RESPONSIVE PROPOSALS: Once listed on the prospective bidders list, companies may submit their proposals on the electronic bidding system. The City will not accept proposals submitted by companies who are not on the prospective bidders list, or from companies who have submitted a proposal via facsimile, email, mail, or any other format not permitted by this solicitation. Further instructions for submitting proposals are explained in this solicitation. Companies are to adhere to all of the submittal instructions and requirements outlined in this solicitation in order to be considered responsive to this request for proposals.  Addendum #6
Create
62 2. Introduction
 Post Information
Posted At:

Thu, Aug 21, 2025 5:21 PM
Sealed Bid Process:

Yes (Bids Sealed / Pricing Sealed)
Private Bid:

No

2.1. Summary
The City of Banning (“City”) is seeking a qualified entity or individual (“Company”) to provide the services listed in the Scope of Work.

The City anticipates selecting one firm to perform the services.

Proposals are requested from Companies that have a demonstrated ability to perform the tasks identified in this Request for Proposal (“RFP”).

2.2. Background
The City of Banning Public Work Standards can be found on the City of Banning's website at the following link:
http://www.banning.ca.us/21/Engineering.

The City of Banning is strategically located astride Interstate 10 between the Inland Empire and the Coachella Valley in the San Gorgonio Pass. The City, incorporated in 1913, has a rich and colorful history.

Initially Banning served as a stagecoach and railroad stop between the Arizona territories and Los Angeles. This history has contributed to the present-day spirit of pioneer resourcefulness and "can do" attitude that is so prevalent in the community.

Banning is a friendly and wholesome place to work and raise a family. Desirable executive housing is available, as well as moderate and lower income housing.

Clean air, ample water supplies and the memorable and inspiring scenic vistas of both Mt. San Gorgonio and Mt. San Jacinto, the 2 tallest peaks in Southern California, are additional amenities which make the City of Banning a logical choice as a development opportunity in the Southern California area.

2.3. Contact Information
Barbara Mason
Chief Procurement Officer
99 E. Ramsey Street
Banning, CA 92220
Email: [email protected]
Phone: (951) 922-3121
Department:

Purchasing Division

2.4. Timeline
This request for proposal will be governed by the following tentative schedule. All dates are subject to change at the discretion of the City.

Release Project Date:

August 21, 2025
Pre-Proposal Meeting (Mandatory):

September 2, 2025, 2:00pm
City Hall
Question Submission Deadline:

September 11, 2025, 4:00pm
Proposal Submission Deadline:

October 2, 2025, 4:00pm
Anticipated Vendor Selection Date:

October 28, 2025
63 3. Prerequisites

3.1. Years of experience

3.2. OpenGov Registration

3.3. Mandatory Pre-Proposal Meeting

3.4. Licenses

3.5. Department of Industrial Relations Registration
Proposals will only be considered from Companies that meet the following prerequisites:

Have 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. Have not filed for bankruptcy under any business name over the past five (5) years.

Have created an account on OpenGov. Companies can register at: https://procurement.opengov.com/portal/banning-ca Once registered, Companies must download this solicitation in order to appear on the Bidder’s List as a “Prospective Bidder.” Companies that fail to specifically download this solicitation will not appear on the Bidders’ List and will be unable to participate or be considered for this RFP.

All prospective Companies must attend the mandatory pre-proposal meeting on Tuesday, September 2, 2025 at 2:00 pm to be held at:

City Hall
Attendance is mandatory at the pre-proposal meeting. The meeting will begin promptly at the time listed in the schedule. No admittance will be allowed once the meeting has begun. Proposals from prospective Proposers not in attendance at this mandatory meeting will not be considered.

If applicable, Company and/or its key personnel, shall hold an appropriate license for the Company’s discipline and the Services on the date the Proposal is submitted.

Please submit a copy of your C-10 (Electrical) Contractor License.

NETA Certified
Please submit copies of the technicians NETA 3 or 4 certification who will be servicing the substations. Helper/Assistant shall be NETA 1 or above.

NETA IV Preferred
Up-to-date Occupational Safety and Health Administration (OSHA) training.

Up-to-date Lockout Tagout training
NFPA 70b 70e & Arc Flash Certification
If applicable, Company shall have registered with the Department of Industrial Relations and any other required organizations.

4. Scope of Work

4.1. Technical Requirements – Maintenance & Testing Requirements Maintenance & Testing Procedures
The electrical testing requirements detailed in this document apply to the equipment and systems listed below:

Testing to include the following:

San Gorgonio, Midway, 22 , Ivy, Stagecoach & Sunset Substations nd 64 Station Auxiliary Power
34/12kV …7.5, 10, 15, 20 MVA Transformers
GoLean 38kV Air Insulated-Vacuum Circuit Breakers
ABB 38 KV Air Insulated-Vacuum Circuit Breakers
ABB ADVAC 15KV Vacuum Circuit Breakers
Powell 15kV Vacuum Circuit Breakers
Westinghouse Type R3 Vacuum Circuit Breaker
ABB Type R4 Vacuum Circuit Breaker
Square D 15 VACARC, Vacuum Circuit Breaker
GE Type VB1, Metalclad switchgear Vacuum Circuit Breaker SEL, Westinghouse, ABB Protective Relaying and Control
Transformer Testing
LTC Testing and Maintenance
Thermographic Imaging (Infrared)
Transformer Gas Analysis (DGA)
Power Factor testing
Sudden Pressure Ratio and Polarity (Voltage Method or TTR) Power Transformers (>1 MVA) be tested with TTR test set.

Impedance DC winding resistance
Megger and Power Factor windings, bushings and arrestors.

Insulation Test
Temperature Gauge calibration
Verify Alarm Points
Verify Bucholz relay operation
Voltage Regulator Testing
TTR transformer Turns Ratio
Impedance DC winding resistance
Megger and Power Factor windings, bushings and arrestors.

Note: Spare voltage regulators located in Utility Yard will be included for testing along with the voltage regulators in service at Midway Substation, which will include up to a total of twenty-six (26) Single Phase Regulators total. Regulators will be removed from service as needed for testing purposes.

General Testing Requirements
When work covered under this specification is subcontracted, the Electrical Testing Contractor/Subcontractor, shall be approved by City of Banning.

Safety
Personnel Protective Equipment (PPE) requirements shall be complied with by all contractors and sub-contractors on site.

Daily, a record of safety briefing shall be taken and attended by all contractors and sub-contractors on the site. This briefing shall include all testing and activities to be performed.
65 At the beginning of any tasks performed there shall be a safe work plan created to describe the hazards and actions in case of emergency of the specific task.

Also any time a new task is initiated there shall be a new safe work plan created with all personnel being briefed and handed a safe work plan.

If the Electrical Testing Contractor causes inadvertent tripping, the contractor shall promptly call the City of Banning Electrical Systems Operation office and explain the incident to allow the dispatcher to restore equipment that has tripped. Following the incident a member from the City of Banning Substation Field Test Technicians (or other designated Banning representative) will interview you to determine root cause. Following the interview by City of Banning will request a report to be generated concerning root-cause and preventative measures.

Electrical Testing Contractor shall maintain a detailed daily activity log.

Electrical Testing Contractor Project Testing Lead shall meet with City of Banning Substation Field Test Technicians / Operations Manager weekly or as established for the project to discuss planned work. Items covered shall include safety, system integrity, outage arrangements, and construction site change of conditions and coordination of testing activities.

Test data shall be recorded electronically on data sheets by the Electrical Testing Contractor and made available to City of Banning daily for review.

Coordination / Availability
The Electrical Testing Contractor’s Project Testing Lead SHALL be present during livening and cutovers.

Electrical Testing Contractor shall arrange equipment outages through the City of Banning Electric Systems Operations organization, as applicable.

Given by City of Banning for livening and cutovers.

Testing to demonstrate shorts or grounds will not be introduced.

Support an evaluation of risks associated with an installation activity.

Identification of protective trips that may need to be pulled.

City of Banning Substation Field Test Technician /Testing Contractor Interface- The following summarizes the delegation of work:

Breaker Testing Requirements
Measure main contact resistance.

Thermographic Imaging (Infrared)
Micro-ohm (ductor) contacts
Verify mechanical and electrical interlocks.

Verify all alarms points at control house
Insulation resistance testing
Hi-Pot vacuum bottles
Operate manually close.

Operate manually open.

Test electrically open:

Proper operation
Timing open
Motor current
Function of motor operated grounding switch (combined units only) Test electrically close:

Proper operation
Timing close Motor current
Check control voltage
Function of motor operated grounding switch (combined units only) Test functionally all control circuits to schematic diagrams. 66 34.5 kV Fast Acting Grounding Switches
Record nameplate data.

Perform physical inspections:

For external damage
Operating mechanism elements
Verify tank heaters
Auxiliary switches
Electrical plug-connections
Measure main contact resistance.

Set all indication cams.

Verify mechanical and electrical interlocks.

Operate manually close.

Operate manually open.

Test electrically open:

Breaker is to operate as listed with manufactures specifications and guidelines For equipment in reliable good working order
Battery Testing:

DC power supply:

Station Battery
Perform all tests recommended by the battery manufacture Record cell voltages.

Record cell Specific Gravity.

Record all inter-cell resistance.

Record strap resistance
Record cell temperatures and ambient temperature (for calibration of test calculations).

Verify all battery alarms
Perform Battery Impedance Test.

Battery Charger:

Record and verify nameplate data.

Functionally test battery charger control circuit.

Verify battery charger alarms go to SCADA.

Verify battery charger is capable of producing rated output and set current limit.

Relay Equipment
Relay settings will be provided by the City of Banning for all 34.5kV and 12.47kV protection and Control circuits are tested to insure that all are clean and are in good working order. The Electric department will provide switching when needed for isolation and grounding on 34.5kV and 12.47kV transmission and distribution circuits.

Recommended Relay Tests:

Found Test (settings)
Left Test (settings)
Trip test delays
67 Battery Equipment:

San Gorgonio Substation
Battery Charger
Hindle Power Model FO2625/983332-1
DC 132 Volts
DC Amps 25
Batteries SBS Battery Flood Lead Acid 1294160
22 St. Substation
Battery Charger
MDS Power Model PO720475/1073980-A
AC 120/208/240
AC Amps 50/29/25
DC Volts 132 DC Amps 35
Batteries LR 2 Volt NOM Batteries Q0124028
Midway Substation
Battery Charger
Hindle Power Model AT10130025F240XXXXXXXXX
AC Volts 120/208/240
AC Amps 49/29/25
DC Volts 130
DC Amps 25
Batteries RPS HCTA-200

2.2 Volt DC 60 Jars
Sunset Substation
Battery Charger
LaMaarche TPSD-25-130V-ABD1-60L
Output Amps 25
AC Volts 120/208/240
DC Volts 130
DC Amps 43/25/22
Batteries C&D Lead Calcium 3DJ-2001.25 Specific Gravity

6.6 Volts DC 20 Jars
Ivy Substation
Battery Charger
Hindle Power Model FO2625/983332-1
DC 132 Volts
DC Amps 25
Batteries SBS Battery Flood Lead Acid 1294160
Stagecoach Substation
Battery Charger
nd
68 Hindle Power Model F02625/983330-2
DC 132 Volts
DC Amps 25
Batteries SBS Battery Flood Lead Acid 1294160
Transformers, Circuit Breakers and Voltage Regulators:

Sunset Substation Equipment
Transformer
(1) Mfg. Delta Star
Delta Wye
3 Phase 60 Hz
Delta Star 34500 X 69000 12470 / 7200 – 15/20//25 MVA
Class ONAN/ONAF/ONAF
Imp 8.5% 110BIL
LTC CT-l Ratio 1800/5 100 Gallons of Oil
Instruction Manual F728110 Rev 0
SN F72820607* Mfg. 06/2007
Breakers
(6) On Load Gears 38kV Vacuum Circuit Breaker
1200 Amps
Mfg. 7/20
(10) GE Power Vacuum Circuit Breakers
ML 18 Mechanism
Type VB-1 13.8-750-3
15KV 1200Amp Vac. Int. Type 41A2
Type PVSE1A1A2202D1A2 Instruction Manual GEK86132 Mfg. 10/07 22nd St. Substation Equipment
Transformer
(1) Waukesha Class ONAN/ONAF 3 Phase Transformer
HV 34500
LV 12470/7200
Serial # A4869T Mfg. 2003
(1)Load Tap Changer Type UZDRT Serial UO304-10
600 Amp 100 Gallons of oil
Mfg. Year 2003
Breakers
(1) ABB 38 KV R-MAG Vacuum Circuit Breaker
2000 Amp
Instruction Book 1VAL255104-MB
Mfg. 7/19
(1) ABB AMVAC
69 CAT # MA4G217000000U0
Serial No.*
15 KV, 25kA
2000 Amp
Instruction Bulletin 1VAL050601-MB V8774 - Rev. D*
Mfg. 09/2020*
(3) ABB AMVAC
CAT # MA4G117000000U0
Serial No.*
15 KV, 25kA
1200 Amp
Instruction Bulletin 1VAL050601-MB V8774 - Rev. D*
Mfg. 09/2020*
Midway Substation Equipment
Transformers
(2) Westinghouse Three Phase type SL Transformers
34400-12470 /7200

10.5 MVA Serial PCP -90352

10.5 MVA Serial PCP -90351
34,400 to 12470
Mfg. 1972
Breakers
**34.5kV Fused Disconnects
(2) ABB R4 Vacuum Circuit Breakers
Serial SO3F 137VBBT
Instruction Book 38-921-18
Mfg. 6/2003
(1) Square D VACARC Serial 17-11864
Maintenance Manual 6065
Mfg. 7/1996
(5) Westinghouse Type R-3 Vacuum Circuit Breakers Serial # 72l113VB 1200 Amps 15 KV
Instruction Book 38-931-1
Mfg. Date 11/7/72
Voltage Regulators
(12) McGraw Edison Single Phase Voltage Regulator VR-32 Cooper CL-5 Control Class ONAN/ONAF Type A
416.3/466 ONAN
554/620 ONAF
4300 Lbs.
186 Gallons of Oil
70 10% range of regulation
San Gorgonio Substation Equipment
Transformers
(2) Virginia Transformer Transformers w/ Automatic LTC
69000 x 34500-12470Y/7200

10.0//11.2//12.5//14.0 MVA
Class ONAN/ONAF
Serial No. 47010MA355-C641A
47010MA355-C641C
Instruction Book – VTC Installation, Operation & Maintenance Manual Mfg. Date 11/2016
Breakers
(2) On Load Gears 38kV Vacuum Circuit Breaker
1200 Amps
Mfg. 7/2020
(6) POWER/VAC VACUUM CIRCUIT BREAKER, 15KV, 40KA
1200 Amps
Catalog No. PVMX1A1A1A2202-G1A3*
Serial No.*
Instruction Bulletin 01.4IB.66000G
Mfg. Date*
Ivy Substation Equipment
Transformers
(1) Mfg. Delta Star
Delta Wye
3 Phase 60 Hz
Delta Star 34500 X 69000 12470 / 7200 – 15/20//25 MVA
Class ONAN/ONAF/ONAF
Imp 8.5% 110BIL
LTC CT-l Ratio 1800/5 100 Gallons of Oil
Instruction Manual F728110 Rev 0
SN F72810607* Mfg. 06/2007
Breakers
(2) ABB 38 KV R-MAG Vacuum Circuit Breakers
2000 Amp
Instruction Book 1VAL255104-MB
Mfg. 7/19
(6) POWER/VAC VACUUM CIRCUIT BREAKER, 15KV, 40KA
1200 Amps
Catalog No. PVMX1A1A1A2202-G1A3*
Serial No.*
71 Instruction Bulletin 01.4IB.66000G
Mfg. Date*
Stagecoach Substation Equipment
Transformers
(1) Virginia Transformer Transformers w/ Automatic LTC
69000 x 34500-12470Y/7200

10.0//11.2//12.5//14.0 MVA
Class ONAN/ONAF
Serial No. 47010MA355-C641B
Instruction Book – VTC Installation, Operation & Maintenance Manual Mfg. Date 02/2017
Breakers
(2) On Load Gears 38kV Vacuum Circuit Breaker
1200 Amps
Mfg. 7/20
(5) POWER/VAC VACUUM CIRCUIT BREAKER, 15KV, 40KA
1200 Amps
Catalog No. PVMX1A1A1A2202-G1A3*
Serial No.*
Instruction Bulletin 01.4IB.66000G
Mfg. Date*
Relay Equipment
Sunset Substation
(10) SEL 351S Feeder Ground Overcurrent Protection Relays (2) SEL 551C Transformer Neutral Overcurrent Protection Relay (2) SEL 387E Transformer Differential and Voltage Protection Relay (3) SEL 421 Transformer Overcurrent and Voltage Protection Relay (2) SEL 451 Protection, Automation, and Control Relay
(2) SEL 487B Hi Side Buss Differential Protection Relay 22 St. Substation
(5) SEL 351 Feeder Ground Overcurrent Protection Relays (1) SEL 501 Duel Overcurrent Protection Relay
(1) SEL 587 Current Differential Overcurrent Protection Relay Midway Substation
(2) SEL 351 Capacitor Bank Ground Overcurrent Relay
(1) SEL 251 Ground Overcurrent Relay
(2) ABB Type RC Automatic Recloser Instruction Leaflet 41-661.1 Style 1876019 (8) ABB Type CO-09 Style 264C901A07 Ground Overcurrent Relay, Instruction Leaflet 41-101 (20) Westinghouse Type CO-11 Ground Overcurrent Relay Style 1875301A (5) Westinghouse Type RC Automatic Recloser Type 41-661 nd
72 San Gorgonio Substation
(8) SEL 351 Capacitor Bank Ground Overcurrent Relay
(2) SEL 387E Transformer Differential and Voltage Protection Relay (2) SEL 551C Transformer Neutral Overcurrent Protection Relay (2) SEL 587Z High-Impedance Bus Differential and Protection Relay Ivy Substation
(8) SEL 351 Capacitor Bank Ground Overcurrent Relay
(2) SEL 387E Transformer Differential and Voltage Protection Relay (2) SEL 551C Transformer Neutral Overcurrent Protection Relay (2) SEL 587Z High-Impedance Bus Differential and Protection Relay Stagecoach Gorgonio Substation
(6) SEL 351 Capacitor Bank Ground Overcurrent Relay
(1) SEL 387E Transformer Differential and Voltage Protection Relay (1) SEL 551C Transformer Neutral Overcurrent Protection Relay (1) SEL 587Z High-Impedance Bus Differential and Protection Relay Equipment at City Yard
Voltage Regulators
(12) McGraw Edison Single Phase Voltage Regulator VR-32 Cooper CL-5 Control Class ONAN/ONAF Type A
416.3/466 ONAN
554/620 ONAF
4300 Lbs.
186 Gal.
10% range of regulation
Required Maintenance Intervals
Equipment Maintenance Interval
15 kV Circuit Breakers Maintenance Once Every Three (3) Years

34.5 kV Circuit Breakers Maintenance Once Every Three (3) Years Protective Relay Testing Once Every Three (3) Years
Transformer Testing Once Every Two (2) Years
Voltage Regulators Testing Once Every Two (2) Years
Grounding System (Ground Grid) Testing Once Every Two (2) Years Switch Maintenance Once Every Two (2) Years
Transformer and Voltage Regulator Oil Testing Once Each Year Station Auxiliary Power (DC Battery System) Once Each Year The objective is to perform maintenance testing on all equipment listed at least once within a three-year period. All equipment that requires annual maintenance shall have said maintenance completed once per year.
**Contractor must meet all NETA testing standards.

On-Call Support
73 4.2. Subcontracting
Contractors responding to this RFP should demonstrate knowledge and experience with substation electrical equipment, substation protection, and SCADA software and hardware in use at the City of Banning. Contractors shall be able to install, program, troubleshoot and maintain these systems while providing a cost-effective delivery of high-quality services in a prompt and reliable manner.

The following is a list of major items of work to be performed by the contractor. The list is general in nature and is not intended to be a complete listing of every minor operation of work to be accomplished for a complete job:

1. Diagnose substation transformer, breaker and relay tripping issues that result in outage or malfunction of equipment.

2. Diagnose substation equipment or software issues showing incorrect status on SCADA HMI.

3. Provide a full report of the findings with recommendations for repair or details of the repair if issues are corrected during on-call support activities.

On-Call Support Response Time
The Contractor shall provide response and service on a twenty-four (24) hour, seven (7) day per week basis.

The maximum response time for critical issues requiring urgent remediation shall be eight (8) hours. The response, whether verbal or in writing, shall be accompanied with an estimated time of arrival to the site of the emergency.

The maximum response time for minor requests shall be twenty-four (24) hours. The response, whether verbal or in writing, shall be accompanied with an estimated time of arrival to the site and shall not exceed seventy-two (72) hours from the initial request, unless extended in writing by the City.

The Consultant may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors. Unless a specific subcontractor is listed by Consultant, Consultant is representing to City that Consultant has all appropriate licenses, certifications, and registrations to perform the work hereunder. Provide a list of any and all expected subcontractors that might be utilized during this agreement. If the contractor wishes to add a subcontractor during the performance of the contract, then the subcontractor will need to be approved by the City.

5. Vendor Questionnaire

1. Cover Letter*
The cover letter shall include a brief general statement of intent to perform the services and confirm that all elements of the RFP have been reviewed and understood.

The letter shall include a brief summary of Company’s qualifications and Company’s willingness to enter into a contract under the terms and conditions prescribed by this RFP and in the Sample Agreement. The letter must identify a single person for contact during the RFP review process. *Response required

2. Proposal*
A. Statement of Understanding and Approach
This section must demonstrate an understanding of the Services. It should describe the general approach, organization and staffing required for the Services requested. If necessary, preliminary investigations, due diligence, and research shall be discussed in this section.

This section should include the following:

An implementation plan that describes in detail (i) the methods, including controls by which your firm or entity manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.

Detailed description of efforts your firm or entity will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section.

Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion, including a complete transition plan. Include your plan to deal with fluctuation in service needs and any associated price adjustments.

Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work.

Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, costeffective operations or increased performance capabilities. In addition, the City will consider proposals that offer alternative service delivery means and methods for the services desired.

Proposers are also requested to identify any City owned facilities or property which Proposer would propose to use or lease, purchase, or rent from the City in connection with the services to be performed, including information about the terms of any proposed lease, purchase or use of such Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Company’s demonstrated capability to perform work of this type. Emphasis should be concentrated on completeness and clarity of content.

Proposals shall adhere to the following format for organization and content. Proposals must be typed and arranged/divided in the following sequence to facilitate evaluation.
74 equipment and facilities, and how this proposed structure affects the overall cost proposal to the City, if applicable.

B. Company Information
This section shall include contact person information, address and telephone number of the company main office and branch offices. Each Company shall identify itself as to the type of organizational entity (corporation, sole proprietorship, partnership, joint venture, etc.). Any supplemental information that Company believes may be pertinent to the selection process may be provided.

The Proposal shall identify any litigation, mediation, or arbitration, regarding the performance of any services similar to the Services, in which the Company has been involved in the past five (5) years. If the Services require a license or certification, the Proposal shall include any claims or disciplinary action taken against Company or any of Company’s key personnel within the past five years.

C. Company Personnel
This section shall contain names, contact numbers and description of experience, including licenses and/or certifications, of all key personnel who would be assigned to perform the Services. Members of the Company’s professional team (managers, contact person, etc.) should be identified by name, title, phone number, and description of the portion of work they will be assigned to perform under this Agreement. Also include major subcontractors (if any) and their degree of involvement in this program. If the Company is including any subcontractors, the Company shall identify how long the Company has worked with the subcontractor.

An affirmative statement should be included that the proposer and all assigned key professional staff are properly licensed to practice in California.

D. Disclosure
Please disclose any and all 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. Any past or current business relationship may not disqualify the firm from consideration.

E. Experience and References
The Proposal must demonstrate that the Company, or its key personnel, meets the minimum experience requirement in #Prerequisites with a legally registered business name, that provides services of a similar type and scope as described in the Scope of Services. A Company shall not have filed for bankruptcy under any business name over the past five (5) years.

Company shall provide at least 3 references, within the past 5 years, of clients for whom services have been performed that are comparable in quality and scope to that specified in this RFP. The references shall include client names, addresses, telephone numbers and e-mail addresses of the clients for whom prior work was performed and include an explanation of the services provided along with project start and end dates. *Response required

3. Price Proposal*
All proposals submitted shall have a stated dollar bid amount for providing the services outlined in the Scope of Services. The total shall be an all-inclusive maximum price and to contain all direct and indirect costs including all out-of-pocket expenses with a full and complete breakdown of all said costs, and proposed fees including but not limited to hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, miscellaneous fees, etc., for the first year's audit engagement.

In addition, a statement must be included in this section that if the proposer is charging travel costs, the proposer's charges invoiced to the City for travel, lodging and subsistence shall not exceed the current IRS rates.
*Response required

4. Value Added Services
Please describe any value-added services your company offers that may be of use to the City Enter response

5. Evidence of Insurance*
In addition, the Company shall provide evidence of possession of insurance in the coverage and amounts listed in the Sample Agreement.

City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful Proposer must furnish the City with the Certificates of Insurance proving coverage as specified in contract sample. *Response required

6. Vendor Forms
Please download the below documents, complete, and upload.  New_Vendor_Packet.pdf

7. Type of Business*
 C Corporation
 S Corporation
 Limited Liability C Corporation
 Partnership
 Limited Liability Partnership
 Sole Proprietor/Individual
 Other
*Response required

8. Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website. 75 Enter information
*Response required

9. EX PARTE COMMUNICATIONS CERTIFICATION*
I certify that Bidder and Bidder’s representatives have not had any communication with a City Councilmember concerning this IFB at any time after the date and time that this IFB was publicly advertised.
 Yes  No
*Response required

10. EX PARTE COMMUNICATIONS CERTIFICATION CONTINUED*
If stated "Yes" above, please explain the circumstances in the following space, or state "None." Enter response
*Response required

11. DEBARRED, SUSPENDED, DISQUALIFIED QUESTIONNAIRE*
Has the Company, any officer of the Company, or any employee of the Company who has proprietary interest in the Company, ever been debarred, suspended, disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
 Yes  No
*Response required

12. DEBARRED SUSPENDED DISQUALIFIED QUESTIONNAIRE CONTINUED* If stated "Yes" above, please explain the circumstances in the following space, or state "None." Enter response
*Response required

13. DISCLOSURE OF GOVERNMENT POSITIONS*
Each Bidder shall disclose below whether any owner or employee of the firm 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. List below or state "None." Enter response
*Response required

14. CERTIFICATION COMPLIANCE*
Please download the below documents, complete, and upload.  Certification-Compliance_with_Russia_Sanctions.pdf
*Response required

ELECTRICAL SUBSTATION EQUIPMENT MAINTENANCE TESTING

6. Pricing Proposal
Required Maintenance Intervals Provide total estimated pricing in accordance with the City’s current requirements, as set forth in section 4 Scope of Work. Also provide your firm’s proposed Staffing Plan on a separate sheet of paper, to include hourly rates. Proposer should use a separate form to state pricing for any added value. Pricing shall remain firm for a minimum of three (3) years. Any and all requests for pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles-Riverside-Orange County, CA, All Items, Not Seasonally Adjusted, “annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.) Line Item Description
1 15kV Circuit Breakers Maintenance – Once in Year 1
2 38 kV Circuit Breakers Maintenance – Once in Year 1
3 Protective Relay Testing - Once in Year 1
Columns
76 On-Call Support
4 Transformer Testing – Once in Year 1
5 Transformer Testing – Once in Year 3
6 Voltage Regulators Testing – Once in Year 1
7 Voltage Regulators Testing – Once in Year 3
8 Grounding System Testing – Once in Year 1
9 Grounding System Testing – Once in Year 3
10 Switch Maintenance – Once in Year 1
11 Switch Maintenance – Once in Year 3
12 Oil Testing - Once per year for three (3) years. Year 1 13 Oil Testing - Once per year for three (3) years. Year 2 14 Oil Testing - Once per year for three (3) years. Year 3 15 Station Auxiliary Power - Once per year for three (3) years. Year 1 16 Station Auxiliary Power - Once per year for three (3) years. Year 2 17 Station Auxiliary Power - Once per year for three (3) years. Year 3 Total
Line Item Description
 
1 SERVICE CALL: ONSITE INSPECTION, TROUBLESHOOTING OR REPAIRS MONDAY - FRIDAY 6:00AM - 5:00PM 2 SERVICE CALL: ONSITE INSPECTION, TROUBLESHOOTING OR REPAIRS MONDAY - FRIDAY 6:00AM - 5:00PM 3 SERVICE CALL: ONSITE PROGRAMMING MONDAY - FRIDAY 6:00AM - 5:00PM 4 SERVICE CALL: ONSITE PROGRAMMING MONDAY - FRIDAY 6:00AM - 5:00PM 5 EMERGENCY SERVICE CALL: WEEKENDS AND AFTER HOURS
6 EMERGENCY SERVICE CALL: WEEKENDS AND AFTER HOURS
7 EMERGENCY SERVICE CALL: HOLIDAYS
8 EMERGENCY SERVICE CALL: HOLIDAYS
Total
Columns
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7. Submission Instructions And Inquiries

7.1. Inquiries
If prior to the date fixed for submission of Proposals, a prospective Company discovers any ambiguity, conflict, discrepancy, omission or other errors in this RFP or any of its appendices, exhibits or attachments, the Company shall immediately notify the City of such error in writing and request modification or clarification of the document. Modifications shall be made by written Addenda to the RFP. 77 
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7.2. Completion Of Proposal

7.3. Delivery / Submission Of Proposals

7.4. Alternative Proposals
If a Company fails to notify the City, prior to the date fixed for submissions of Proposals, of an error in the RFP known to the Company, or an error that reasonably should have been known to the Company, the Company shall submit its Proposal at its own risk, and if the Company is awarded a Contract, it shall not be entitled to additional compensation or time by reason of the error or its later correction.

All communications regarding technical, scope, and/or project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this RFP shall be submitted via “Q&A” through the City’s Electronic Bidding System, OpenGov, before the deadline and according to these specifications herein. Any and all other bidding communications shall only be with Barbara Mason, Chief Procurement Officer, at (951) 922-3121.

The Final day for receipt of questions from the Proposer shall be on or before the due date indicated in the schedule of events section. To ensure fairness and avoid misunderstandings, all communications must be in written format and submitted only in the format set forth above. Any verbal communications will not be considered or responded to. All questions received by the due date will be logged and reviewed and if required, a response will be provided via an addendum to the RFP that will be posted on the City’s website. Any communications, whether written or verbal, with any City Councilmember, City staff, or RFP evaluation panel member other than the individual indicated above, prior to award of a contract by City Council, is strictly prohibited and the Proposer shall be disqualified from consideration.

Proposals shall be completed in all respects as required by this RFP. A proposal may be rejected if conditional or incomplete, or if it contains any alterations or other irregularities of any kind, and will be rejected if any such defect or irregularity can materially affect the quality of the proposal. Proposals which contain false or misleading statements may be rejected. If, in the opinion of the City’s Selection Committee, such information was intended to mislead the City in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of this RFP, the proposal will be rejected. Statements made by a Company shall also be without ambiguity, and with adequate elaboration, where necessary, for clear understanding.

Unauthorized conditions, exemptions, limitations, qualifications, or provisions attached to a Proposal will render it non-responsive and will cause its rejection.

The Company, in responding to this RFP, must submit Proposals in the format identified in this RFP. The Proposal must address all requirements of the RFP even if a “no response” is appropriate.

Costs for developing Proposals are entirely the responsibility of the Company and shall not be chargeable to the City. The City shall not be liable for any costs incurred in response to this RFP, including but not limited to, costs for any interviews, presentations, or other follow-up information necessary as part of the selection process. All costs shall be borne by the Company responding to this RFP. The Company responding to this RFP shall hold the City harmless from any liability, claim, and expense whatsoever incurred by or on behalf of the Company.

The Final day for submission of proposals shall be on or before the due date indicated in the schedule of events section.

Companies shall register on the City’s Electronic Bidding System, https://www.banningca.gov/bids. Once registered, Companies must download the RFP while logged in under their own name and identification number to appear on the Current Prospective Bidders List as a “Prospective Bidder.” Companies that fail to download the RFP will not appear on the Current Prospective Bidders List and their proposals will be considered non-responsive. If a Company is unable to register or download the RFP from the bidding website, a representative may contact OpenGov.

All proposal documents and supplementary documents must be uploaded using the City’s bidding website prior to event date and time as instructed in this solicitation. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point respondents will receive an email confirmation from the bidding website.

The City reserves the right to reject any and all proposals and to waive information and minor irregularities in any proposal received.

Acceptance of Terms and Conditions - Submission of a proposal pursuant to this RFP shall constitute acknowledgment and acceptance of all terms and conditions hereinafter set forth in this RFP.

The time and date are fixed, and extensions will not be granted unless specifically stated by the City in an addendum to this RFP. Proposals not received before the bid event time will not be accepted.

Only one proposal is to be submitted by each Company for this RFP. Multiple simultaneous proposals will result in rejection of all Proposals submitted by Company.

A Company may, prior to the proposal due date and time, withdraw a proposal and submit a new proposal, so long as the new proposal is submitted before the proposal due date and time.
78 
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7.5. Examination Of RFP And Sites Of Work

7.6. Addenda

7.7. Withdraw Of Proposals
The Company shall carefully examine the RFP and all sites, if applicable, of the work contemplated. The submission of a Proposal shall be conclusive evidence that the Company has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Proposal, RFP, and other Contract Documents.

By submitting a Proposal, the Company hereby certifies that it has: examined the local conditions, read each and every clause of this RFP, included all costs necessary to complete the specified work in its proposed prices, and agrees that if it is awarded the Contract it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any provision of the Contract. Should the conditions turn out otherwise than anticipated by it, the Company agrees to assume all risks incident thereto.

Unless otherwise specified, any addenda issued during the time of bidding must be acknowledged electronically via the City’s Bidding Website, which will be made part of the proposal. Addenda notifications will be provided to those listed on the Electronic Prospective Bidder’s List via email.

All proposals shall be firm offers and may not be withdrawn for a period of one hundred twenty (120) days following the deadline date for submission of proposals noted herein. Submitted Proposals may be withdrawn at any time prior to the submission deadline.

8. Evaluation Criteria

1. Qualifications
Scoring Method:

Points Based
Weight (Points):
25 (25% of Total)

2. Pricing
Scoring Method:

Points Based
Weight (Points):
15 (15% of Total)

3. Experience (Projects of similar size and scope)
Scoring Method:

Points Based
Weight (Points):
20 (20% of Total)
The City reserves the right to amend, withdraw, and cancel this RFP. The City also reserves the right to reject all responses to this RFP at any time prior to agreement execution. Furthermore, the City reserves the right to request additional information about any and all Proposals, that in City’s opinion, is necessary to assure that the Company’s competence, number of qualified employees, business organization, experience, and financial resources are adequate to perform the Services.

All Proposals shall be reviewed to verify that the Company has met the minimum requirements as stated in this RFP. Proposals that have not followed the rules, do not meet minimum content and quality standards, and/or do not provide references will be rejected as non-responsive.

Responsive proposals will be evaluated on the basis of the criteria below. If needed, interviews will be scheduled during or after the week indicated in the “Schedule of Events” section.If needed, interviews will be conducted by the same members on the proposal evaluation panel. Dates, times, and a location will be coordinated at that time if interviews are deemed necessary after the evaluation of responsive proposals. If interviews are deemed necessary, candidates who have submitted the highest scoring proposals within a competitive range as determined by the City will be invited to participate in the interview process.

The selected Company shall then enter into exclusive negotiations with the City to formalize the Scope of Service and Compensation. Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If the City is unable to obtain a fair and reasonable price or cannot reach agreement regarding the terms for the Scope of Services, then the City will end negotiations with that Company and begin negotiations with the next Company which best meets the needs of the City, and so on until a City and the Company reach agreement.

The City intends to select the Company that offers the best value to the City based on the criteria outlined above. 79 4. Professional References
Scoring Method:

Points Based
Weight (Points):
10 (10% of Total)

5. Approach and Methodology
Scoring Method:

Points Based
Weight (Points):
25 (25% of Total)

6. Value Added Services
Scoring Method:

Points Based
Weight (Points):
5 (5% of Total)
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9. Resulting Contract

9.1. CONTRACT TERM

9.2. CONTRACT DOCUMENTS

9.3. EXECUTION OF AGREEMENT

9.4. FAILURE TO EXECUTE THE AGREEMENT
The initial term of the Agreement shall last three (3) year from the date of execution with the option to extend for two (2) additional one-year terms not to exceed five (5) years based upon acceptable performance by the Company, acceptable fees and subject to the same terms and conditions of the Agreement.

Pricing is to remain firm for the initial contract term. Should the option to renew for additional years be exercised, City and Company may negotiate any and all price modifications.

In submitting a Proposal, the Company agrees to enter into an Agreement with the City without exceptions to the City’s standard agreement. The City’s standard agreement is non-negotiable, and a copy of the standard agreement is attached herein. Any change to the standard agreement will deem the Proposal nonresponsive. In the event of a conflict exists between documents the following order of precedence shall apply:

Agreement
City of Banning’s Request For Proposals
Company’s Response to the Request For Proposals
After contract award, the following shall be signed and returned to the City within fourteen (14) calendar days from the date the City mails, or by other means delivers said documents to the Company:

The Agreement in the form included herein, properly executed by the Company.

Certificates of Insurance and Additional Insured Endorsement evidencing coverage as specified in the sample agreement.

Confirmation of current business tax certificate.

Bonds, if required.

In any event that day fourteen (14) of calendar days falls on Saturday, Sunday, a legal holiday for the State of California, or on days when the City is closed, the Contract Documents shall be delivered by the following working day.

No Agreement shall be binding upon the City until all documents are fully executed by the Company and the City. 80 Failure to execute the Agreement and furnish the required insurance and business tax certificate, within the required time period shall be just cause for the rescission of the award. If bonds are also required, failure to furnish sufficient bonds shall cause rescission of the award. If the successful Company refuses or fails to execute the Agreement, the City may award the Agreement to the next qualified Company. 
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10. Terms And Conditions

10.1. Contract Terms And Conditions

10.2. Public Records

10.3. Conflict Of Interest

10.4. Rejection Of Proposals

10.5. Protest Procedures
The successful company will be required to execute the City's standard agreement (“Agreement”). A sample is attached herein. The successful company must meet all insurance requirements in the Agreement. All terms and conditions of the Agreement are non-negotiable. Companies must possess valid City of Banning Business License throughout the term on the contract. Failure to execute the Agreement and furnish the required insurance within the required time period shall be just cause for the rescission of the award. If any of the successful Companies refuse or fail to execute the Agreement, the City may award the Agreement to the next most qualified Company.

All Proposals submitted in response to this RFP become the property of the City and pursuant to the Public Records Act (Gov. Code, § 6250 et seq.) are public records, and as such may be subject to public review at least 10 days before selection.

The Company must notify the City in advance of any proprietary or confidential materials contained in the Proposal and provide justification for not making such material public. The City shall have sole discretion to disclose or not disclose such material subject to any protective order that the Company may obtain. Note that under California law, price proposal to a public agency is not a trade secret.

Submission of a proposal shall indicate that, if Proposer requests that the City withhold from disclosure information identified as confidential, and the City complies with the Proposer’s request, Proposer shall assume all responsibility for any challenges resulting from the non-disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney’s fees that may be awarded to the party requesting the Proposer information), and pay any and all costs and expenses related to the withholding of Proposer information. Proposer shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Proposer information. If Proposer does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the City.

The City reserves the right to make use of any information or idea contained in the Proposal. All materials, ideas and formats submitted in response to this RFP will become the property of the City upon receipt.

The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.

The City may reject any/or all Proposals and may waive any immaterial deviation in a Proposal. The City’s waiver of an immaterial defect shall in no way modify this RFP or excuse the Company from full compliance with this RFP and/or the Contract Documents if awarded the Contract. Proposals that include terms and conditions other than City’s terms and conditions may be rejected as being non-responsive. The City may make investigations as deemed necessary to determine the ability of the Company to perform the work, and the Company shall furnish to the City all such information and data for this purpose as requested by the City. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Company fails to satisfy the City that such Company is properly qualified to carry out the obligations of the Agreement and to complete the work described herein. 81 10.6. Cancellation 
Failure to comply with the rules set forth herein may result in rejection of the protest. Protests based upon restrictive specifications or alleged improprieties in the proposal procedure which are apparent or reasonably should have been discovered prior to receipt of proposals shall be filed in writing with the RFP Facilitator at least 10 calendar days prior to the deadline for receipt of proposals. The protest must clearly specify in writing the grounds and evidence on which the protest is based.

Protests based upon alleged improprieties that are not apparent or which could not reasonably have been discovered prior to submission date of the proposals, such as disputes over the staff recommendation for contract award, shall be submitted in writing to the RFP Facilitator, within forty-eight hours from receipt of the notice from the City advising of staff’s recommendation for award of contract. The protest must clearly specify in writing the grounds and evidence on which the protest is based. The RFP Facilitator will respond to the protest in writing at least three days prior to the meeting at which staff’s recommendation to the City Council will be considered. Should Proposer decide to appeal the response of the RFP Facilitator, and pursue its protest at the Council meeting, it will notify the RFP Facilitator of its intention at least two days prior to the scheduled meeting.

The City retains the right to cancel this RFP at any time, should it be deemed to be in the best interest of the City. No obligation either expressed or implied exists on the part of the City to make an award based on the submission of any proposals.

11. Attachments
 A - Professional Services Agreement Template with Prevailing Wage - provided by RWG 4-24-23  B - Pricing Proposal Form
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Electric Power System International Inc.
2025 References.

County Sanitation District of Los Angeles
Multi-year electrical maintenance contract.

Brian Barnock
562.908.4288
[email protected]
Imperial Irrigation District
Multi-year electrical maintenance contract.

Jeevan Thind
760.339.9730
[email protected]
Orange County Sanitation District
Multi-year electrical maintenance contract.

Shaun Juarez
657.544.7401
[email protected]
Las Vegas Valley Water District
Multi-year electrical maintenance contract
Blaine Kline
702.271.5950
[email protected]
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From: Angelo Heidt
To: Brandon Robinson; Jason Smith; Nathan Smith
Subject: FW: RFP 25-105 Substation - Additional Information Regarding Pricing Breakdown Date: Monday, October 27, 2025 11:57:09 AM
Attachments: image001.png
~WRD0002.jpg
Hello,
Here is the information you requested.

If you have any additional questions, please let me know.

Thank you,
Angelo Heidt
Buyer
Purchasing Division, Fiscal Services
City of Banning
Direct Line: 951-922-3154
[email protected]
99 E. Ramsey Street
Banning, CA 92220
www.banningca.gov
The information contained in this email message is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged and/or confidential. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, if you have received this communication in error, please notify us immediately by telephone. Thank you.

From: Larry Limoges <[email protected]>
Sent: Monday, October 27, 2025 10:57 AM
To: Angelo Heidt <[email protected]>
Subject: Re: RFP 25-105 Substation - Additional Information Regarding Pricing Breakdown Angelo.

Sorry for the delay.

As requested our total price for all 6 substation sites for EPS to complete the 2 day maintenance outage and testing is $193,665.00
Larry Limoges
Western Division Sales Manager
132
M: 657.322.8054
voltyx.com
EPS | NASS | NOMOS | EPST | TLS

NOW PART OF THE ASPLUNDH FAMILY
From: Angelo Heidt <[email protected]>
Sent: Thursday, October 23, 2025 4:10 PM
To: Larry Limoges <[email protected]>
Subject: RFP 25-105 Substation - Additional Information Regarding Pricing Breakdown Hello Larry, The evaluation team has a question regarding your pricing. Question: Need to verify that the total cost to complete the testing & maintenance at all substations? They had given a cost per activity in the tables that we provided ZjQcmQRYFpfptBannerStart
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Hello Larry,
The evaluation team has a question regarding your pricing.

Question: Need to verify that the total cost to complete the testing & maintenance at all substations? They had given a cost per activity in the tables that we provided in the RFP along with some separate costs labeled as “optional” to do a 2-day outage for each substation. They also did not add the total cost in the pricing proposal table.

I don’t want to assume what their overall price proposal is, therefore, it would be great to get added clarity.

Can you please help provide an explanation regarding the cost at the different stations.

Thank you,
Angelo Heidt
Buyer
133
Purchasing Division, Fiscal Services
City of Banning
Direct Line: 951-922-3154
[email protected]
99 E. Ramsey Street
Banning, CA 92220
www.banningca.gov
The information contained in this email message is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged and/or confidential. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, if you have received this communication in error, please notify us immediately by telephone. Thank you.
134
City of Banning
Purchasing Division
Barbara Mason, Purchasing Manager
99 E Ramsey St, Banning, CA 92220

NOTICE OF INTENT TO AWARD
Request for Proposal - RFP-25-105 Substation Maintenance Testing, Advisory, & On-Call Services

NOTICE OF INTENT TO AWARD
RFP No. RFP-25-105
RFP-25-105 Substation Maintenance Testing, Advisory, & On-Call Services RESPONSE DEADLINE: October 2, 2025 at 4:00 pm
Thursday, January 8, 2026
After the careful and thorough review of all responses received pursuant to the above listed project, the City hereby issues this Notice of Intent to Award to the following candidate(s):

Electric Power Systems International Incorporated
Costa Mesa, CA
Purchasing Division
Fiscal Services Department
City of Banning
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1 AGREEMENT FOR PROFESSIONAL SERVICES

BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the ____, 2025 by and between the CITY OF BANNING, a California municipal corporation (“City”) whose address is 99 East Ramsey Street, Banning, California 92220, and ______________________, a California ___________ whose address is ____________ (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

A. City desires to engage Contractor to provide the following services: [brief general description of services]; and
B. Contractor has made a proposal (“Proposal”) to the City to provide such professional services, which Proposal is attached hereto as Exhibit “A” and incorporated herein by this reference; and
C. Contractor agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to City that Contractor possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Contractor agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after ___ (__) year(s) unless extended by the parties with the approval of the City Council of the City.

2. Services to be Performed. Contractor agrees to provide the services (“Services”) as follows: [description of Services] in accordance with Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates 136
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2 ___________ as Contractor’s Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement. Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.

3. Associates and Subcontractors. Contractor may, at Contractor’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as Contractor deems necessary to perform the Services; provided, however, that Contractor shall not subcontract any of the Services without the prior written consent of City.

4. Compensation.

4.01 Contractor shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the City. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by City to Contractor under this Agreement shall not exceed the amount of _____________ Dollars and Zero Cents ($[__]).

4.02 Contractor shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City, in writing.

4.03 Contractor shall submit to City, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The City shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. City shall have the right to review and audit all invoices prior to or after payment to Contractor. This review and audit may include, but not be limited to City’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Verification that the hours billed, when multiplied by the approved hourly rates, result in the correct total;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall 137
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3 either return the bill to Contractor with a request for explanation or adjust the payment accordingly and give notice to Contractor of the adjustment.

4.04 If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. Should City dispute any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Contractor in writing of the disputed portion.

5. Obligations of Contractor.

5.01 Contractor agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the City other than the Services to be rendered and the hourly rate for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

5.02 Except as otherwise agreed by the parties, Contractor will supply all personnel, materials and equipment required to perform the Services. Contractor shall provide its own offices, telephones, vehicles and computers. Contractor will determine the method, details, and means of performing the Services under this Agreement.

5.03 Contractor shall keep City informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by City, Contractor shall prepare written status reports.

5.04 Contractor is responsible for paying, when due, all income and other taxes, fees, and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. Contractor agrees to indemnify, defend, and hold harmless City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.

5.05 In the event Contractor is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.

5.06 Contractor represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. 138
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4 In the event City is required to obtain an approval or permit from another governmental entity, Contractor shall provide all necessary supporting documents to be filed with such entity.

5.07 Contractor shall be solely responsible for obtaining Employment Eligibility Verification information from Contractor’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that Contractor’s employees are eligible to work in the United States.

5.08 In the event that Contractor employs, contracts with, or otherwise utilizes any CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the City and shall be subject to the City’s advance written approval.

5.09 Drug-free Workplace Certification. By signing this Agreement, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace.

5.10 Contractor shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder including, but not limited to California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act, related to their scope of work and operations. In case of conflict, the most stringent shall apply.

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

5.12 By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the conditions, circumstances, difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such facts and shall not proceed except at Contractor’s sole risk until written instructions are received from the Project Manager. 139
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5 Contractor warrants all Services under the Agreement to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Services (or work of other contractors) damaged by Contractor’s defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor’s obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor.

In the event that Contractor fails to fulfil its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Services and any work damaged by such services or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

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

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

6. Insurance. Contractor hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.

Therefore, throughout the duration of this Agreement, Contractor hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02.

If existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor shall provide the following types and amounts of insurance:

6.01 Commercial general liability insurance in an amount of not less than $2,000,000 per occurrence and $4,000,000 in the aggregate; Contractor agrees to have its insurer 140
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6 endorse the general liability coverage required herein to include as additional insured’s City, its officials, employees and agents. Contractor also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.

6.02 Business Auto Coverage in an amount no less than $1 million per accident.

If Contractor or Contractor’s employees will use personal autos in performance of the Services hereunder, Contractor shall provide evidence of personal auto liability coverage for each such person.

6.03 Workers’ Compensation insurance for any of Contractor’s employees that will be providing any Services hereunder. Contractor will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any Workers’ Compensation insurance will not limit the obligations of Contractor under this Agreement.

Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. Sole proprietors with no employees, LLCs, or partnerships using the services of members or partners who do not carry Workers’ Compensation insurance acknowledge that they are not subject to the Workers’ Compensation Act of the State of California and agree to complete a signed workers compensation exemption form.

6.04 Optional Insurance Coverage. Choose and check one: Required __ /Not Required __; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by Contractor, its employees and/or agents in the performance of any Services for City.

6.05 Cyber Liability Insurance REQUIRED IF CHECKED HERE ONLY [___] (Technology Professional Liability – Errors and Omissions), with limits not less than $2,000,000 per occurrence or claim, and $2,000,000 aggregate or the full per occurrence limits of the policies available, whichever is greater. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. Contractor will file with City, before beginning professional services, certificates of insurance (Acord Form 25 or equivalent) satisfactory to City evidencing.

6.06 If Claims Made Policies (applies only to professional liability and cyber liability policies):
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7 i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract work.

7. General Conditions pertaining to Insurance Coverage.

7.01 No liability insurance coverage provided shall prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor waives all rights of subrogation against City regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do the same.

7.02 Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.

7.03 All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of “A:VII”. The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.

7.04 Self-insurance does not comply with these insurance specifications.

Contractor acknowledges and agrees that that all insurance coverage required to be provided by Contractor or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to City.

7.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 142
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8 7.06 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor or arising out of the Services performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

7.07 The coverage shall contain no special limitations on the scope of protection afforded to City, its directors, officers, employees, or authorized volunteers. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

8. Indemnification.

8.01 Contractor and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by Contractor or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to City. Contractor acknowledges that City would not enter into this Agreement in the absence of the commitment of Contractor to defend, indemnify, and protect City as set forth herein.
a. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, injuries, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by City, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.

Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Contractor as they are incurred by City.
b. Without affecting the rights of City under any provision of this Agreement or this Section, Contractor shall not be required to indemnify and hold harmless City 143
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9 as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 8A Indemnification Design Professionals. In the event that Contractor is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, Contractor shall defend, indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Contractor, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to Contractor shall not exceed Contractor’s proportionate percentage of fault.

9. Additional Services, Changes and Deletions.

9.01. In the event Contractor performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of City, Contractor shall not be compensated for such services. Contractor expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the City in writing.

9.02 Contractor shall promptly advise the City Manager and Finance Director of City as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City and/or City Council.

10. Termination of Agreement.

10.01. Notwithstanding any other provision of this Agreement, City, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to Contractor.
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10 10.02 In the event of termination, the payment of monies due Contractor for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, Contractor agrees to promptly provide and deliver to City all original documents, reports, studies, plans, specifications and the like which are in the possession or control of Contractor and pertain to City.

11. Status of Contractor.

11.01 Contractor shall perform the Services in Contractor’s own way as an independent contractor, and in pursuit of Contractor’s independent calling, and not as an employee of City. However, Contractor shall regularly confer with City’s City Manager or Project Manager as provided for in this Agreement.

11.02 Contractor agrees that it is not entitled to the rights and benefits afforded to City’s employees, including disability or unemployment insurance, Workers’ Compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, Workers’ Compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.

11.03 Contractor hereby specifically represents and warrants to City that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the City is located. Further, Contractor represents and warrants that the individual signing this Agreement on behalf of Contractor has the full authority to bind Contractor to this Agreement.

12. Ownership of Documents; Audit.

12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties, and all other documents of any kind or nature prepared, developed, or obtained by Contractor in connection with the performance of Services performed for the City shall become the sole property of City, and Contractor shall promptly deliver all such materials to City upon request. At the City’s sole discretion, Contractor may be permitted to retain original documents, and furnish reproductions to City upon request, at no cost to City.
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11 12.02 Subject to applicable federal and state laws, rules and regulations, City shall hold all intellectual property rights to any materials developed pursuant to this Agreement.

Contractor shall not use such data or documents for purposes other than the performance of this Agreement, nor shall Contractor release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of City.

12.03 Contractor shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City’s agents for examination all of such records and shall permit City’s agents to audit, examine and reproduce such records.

13. Miscellaneous Provisions.

13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.

13.02 Contractor shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of City. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.

13.03 Contractor shall timely file FPPC Form 700 Conflict of Interest Statements with City if required by California law and/or the City’s conflict of interest policy.

13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.

13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
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12 13.06 Contractor covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.

13.07 Contractor has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. Contractor agrees that they are unaware of any financial or economic interest of any public officer or employee of the City relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the City may immediately terminate this Agreement by giving notice thereof. Contractor shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.

13.08 Improper Consideration. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the City in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by City. The City, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the City with respect to the proposal and award process of this Agreement or any City contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any City contract has been awarded. Contractor shall immediately report any attempt by any City officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor.

13.09 Severability. If any portion, section, sentence, provision or paragraph of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.

13.10 Prevailing Wages. Contractor shall be responsible to comply with applicable prevailing wages laws. As a condition of payment, if applicable Contractor shall show proof of payment of wages under applicable state and federal laws and regulations relating to prevailing wages in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1”, for Riverside County and/or 40 U.S.C. Section 276a, et. seq. Such wage rates shall conform with those posted at City offices and the project site. In the event that the Contractor fails to pay the prevailing wages, the Contractor shall be solely liable for penalties and for the 147
PS Version 1 Last Reviewed: 9/18/2025
13 shortfall in wages and shall indemnify, defend and hold harmless City under Section 8.01 against any of the same. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1776 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

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

13.12 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

13.13 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.

13.14 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 purpose of this Agreement. 148
PS Version 1 Last Reviewed: 9/18/2025
14 13.15 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.

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

13.17 The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. The parties expressly adopt and confirm each electronic signature made by a party to this Agreement, regardless of whether delivered in person, by mail, courier, facsimile, email, or in portable document format (PDF), as if the same were manually signed and delivered in person. Each party agrees not to assert that any electronic signature is inadequate to bind such party to the same extent as if signed manually and delivered in person.

13.18 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which counterparts taken together shall constitute one and the same instrument for all purposes of this Agreement.

13.19 The recitals set forth in the preamble of this Agreement are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. [SIGNATURES ON FOLLOWING PAGE]
149
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15 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.

CITY: CONTRACTOR:

CITY OF BANNING XXXXXXXX
By:_______________________ By:_______________________
Print Print
Name: ____________________ Name: ____________________
Date: _____________________ Date: _____________________ ATTEST:

By: ______________________
Date: _________
APPROVED AS TO FORM:

By: ______________________
John O. Pinkney, City Attorney
Date: _________

150
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16 EXHIBIT “A”

PROPOSAL

151
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17 EXHIBIT “B”

CERTIFICATES OF INSURANCE
152

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer MEETING DATE: January 27, 2026
SUBJECT: Consideration of Resolution 2026-17, Initiating Proceedings to Update Landscape Maintenance District No. 1 for Fiscal Year 2026/2027 RECOMMENDATION:

Adopt Resolution 2026-17
BACKGROUND:

In accordance with the “Landscaping and Lighting Act of 1972” (“1972 Act”) of the Streets and Highways Code, the City Council adopted a resolution on August 14, 1990, ordering the formation of Landscape Maintenance District (LMD) No. 1, (“the District”) the boundaries of which are shown in Attachment “2.” An additional five tracts and three tentative tracts were annexed (Annexation No. 1) into LMD No. 1 when the City Council approved Resolution No. 2005-36 on May 10, 2005. Tract No. 37320 then joined LMD No. 1 on November 14, 2023 when the City Council approved Resolution No. 2023-177, as Annexation No. 2. The District, by special benefit assessments, provides funding for the servicing and maintenance of certain landscape areas within the City of Banning, all of which are located in the public right-of-way. The 1972 Act requires that assessments are to be levied according to benefit rather than according to assessed value. Adopting this resolution will initiate the proceedings to update the District for Fiscal Year 2026/2027. A tentative schedule for updating the District, as required by the “Landscaping and Lighting Act of 1972,” is attached hereto as Attachment “3” for your information.

City Council has directed staff to look at long term solutions for the budget shortfalls within the District.

One option discussed would be to provide a public subsidy for portions of the District that have a community appeal. Over the next year, Engineering Division staff will assess the viability of creating a new Zone 12, described as landscape areas that serve a benefit to the community, such as roadway landscaping along major thoroughfares. Eligible roadway segments could include Wilson Street, Highland Home Road and Hargrave Street. Once Engineering Division staff complete the analysis, it will be bought before the City Council for consideration.

JUSTIFICATION:

The City Council approved the formation of LMD No. 1 by adopting Resolution No. 1990-59 on August 14, 1990. The adoption of this will enable the City Engineer to prepare the assessments for Fiscal Year 2026/2027.

FISCAL IMPACT:

None. A detailed estimate will be prepared and forwarded with the Engineer’s Report which will be bought before the City Council on March 24, 2026.

ALTERNATIVES:
153
Do not approve Resolution 2026-17 and provide alternative direction to staff. If this Resolution is not approved, then the assessment of properties within LMD No. 1 for FY 26/27 will not occur, leaving no revenues for the FY 26/27 budget.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2026-17.docx

2. Tentative Schedule for Updating LMD No. 1.doc

3. LMD No.1 Map of Zones 1 thru 11 Combined.pdf
154
Resolution 2026-17

RESOLUTION 2026-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, INITIATING PROCEEDINGS TO UPDATE LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE FISCAL YEAR 2026/2027, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
WHEREAS, the City Council, pursuant to the provisions of the “Landscaping and Lighting Act of 1972,” Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500, desires to initiate proceedings to update the City of Banning’s Landscape Maintenance District No. 1, and to levy and collect annual assessments to pay for the operation, maintenance and servicing of landscaping and all appurtenant facilities related thereto.

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

SECTION 1. The City Council desires to update Landscape Maintenance District No. 1 for Fiscal Year 2026/2027, pursuant to the “Landscaping and Lighting Act of 1972” (Section 22500 and following, Streets and Highways Code) for the purpose of the following improvements:

Maintaining and servicing street trees, parkways, median islands, perimeter strips and backup walls, side slopes adjacent to sidewalks and storm drains, open space areas, flood detention or retention basins, and the irrigation of the above improvements.

SECTION 2. The City Council hereby directs the City Engineer to prepare and file with the City Clerk an Engineer’s Report in accordance with Article 4 of Chapter 1 of the “Landscaping and Lighting Act of 1972.”
SECTION 3. The fee to be assessed will not exceed the reasonable cost of providing the service. The fee charged shall be based on the rate and methodology set forth in Resolution Nos. 1990-59, 2005-36 and 2023-177.

SECTION 4. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof.

SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 27th day of January 2026.

Richard Royce, Mayor
City of Banning
155
Resolution 2026-17

ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLC
156
Resolution 2026-17

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-17, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 27th day of January 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
157
Resolution No. 2026-XX
ATTACHMENT 3
(Tentative Schedule for Updating Landscape Maintenance District No. 1) Item Council Meeting
Resolution Initiating Update January 27, 2026
Resolution of Intention (Approving Engineer’s
Report)
March 24, 2026
Resolution Confirming Assessment (Public
Hearing)
April 28, 2026
158
TR 32370
TR 21882
TR 30222 TR 30906
TR 28252
TR 30186
TR 23446
TR 23598
TR 31835
TR 23446
TR 30793
TR 32109
TR 31834
TR 22810
TR 22811
TR 31833
TR 29721
TR 22913
LEGEND
City Boundary
Tracts
Existing Zone
1 2
3 4
5 6
7 8
9 10
LMD No. 1 Zones
2026-2027
11 159
Landscape Maintenance Areas
LMD 1 Proposed Zone 1
Riverside Co. GIS, July 2019

WILSON ST
O
M
A
R
ST

PALM DR

WHITE OAK DR

HOFFER ST

RED BLUFF LN
M

OUNTAIN AVE
FO
O

THILL D
R

GILMAN ST
A

SPEN LN

CATCHEN RD
SUNSET
AVE

CYPRESS
ST
ELM DR
OAK LN
41S
T
S
T
H
OLLY
C
T

SUGAR PINE
C
O
IR
REG
ON T
RL
BILB
E
RRY LN

PINE CIR
WILLOW
PL

PEPPER LN

JUNIPER PL

EUCALYPTUS
D
R
ELISA
DAWN
D
R
DYSART
D
R

DAISY LN
G
CT
S
Y
CAM
O
R
E
CT

CHESTNUT LN

CEDAR LN
LEGEND
Zone 1
TR 22810
TR 22811
TR 22913
TR 30186
TR 30222
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone1.mxd; Map Date 05 Nov 2019
I
0 500 1,000 1,500
Feet

CITY OF BANNING
160
Landscape Maintenance Areas
LMD1 Proposed Zone 2
Riverside Co. GIS, July 2019

WILSON ST

HIGHLAND HO
ME R
D
KIN
G
S

WELL AVE
EVELYN
DR
D
O
R
OTHY
ANNA
DR
D
Y
S
A
R
T
D

HOFFER R
ST

AUTUMN GOLD
RAMSEY
ST

SUMMER CT

FOOTHILL
DR

AUTUMN LN
SPRING
VIEW
DR

FALLING LEAF LN

SPRING CT

CASEY CIR

CORRAL CIR
O
M
A
R
S
T
JA
N
A
N
C
T

WINTERBERRY CT

CORNUCOPIA CT
LE
SLIE C
T

WINTERGREEN CT

WESTERN SUNSET RD
M
A
RLBO
R
O
WAY
CLA
RI CT

BEVERLY
D
R
GRAND
VIEW
AVE
LORI
WAY

CO P PERLEAF LN
G

OLDEN S
KY
C
T

PROSPECTOR CIR
MEADOW
WAY
C
ST

CHAPPAREL
WAY
ALDER
C
T
LEGEND
Zone 2
TR 21882
TR 23446
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone2.mxd; Map Date 10 Oct 2019
I
0 400 800 1,200
Feet

CITY OF BANNING
161
L
andscapeMaintenanceAreas
LMD1ProposedZone3
Riverside Co. GIS, July 2019
W
I
L
S
O
N
S
T

PEPPER LN

MOUNTAIN AVE
H
O
F
F
E
R
S
T
A
UT
U
M
N
GO
LD
C
AT
C
H
E
N
R
D
B
UNK
ER
HILL
RD

DOROTHY ANNA DR

DYSART DR
G
E
O
R
G
E
S
T

WINCHESTER DR
S
P
R
I
N
G
C
T
E
L
M
D
R

FALLING LEAF LN

OMAR ST

FOOTHILL
DR
41ST ST
40TH AVE

WINTERBERRYCT

CORNUCOPIACT

SPRING DR
W
E
S
T
E
R
N
S
U
N
S
E
T
R
D
COMS
TOCK
RD

KELLOGG DR

ALDER CT
LEGENDZo
ne3
TR29721
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone3.mxd; Map Date 05 Nov 2019 I
0250500750F
eet

CITYOFBANNING
162
Landscape Maintenance Areas
LMD1 Proposed Zone 4
Riverside Co. GIS, July 2019

WILSON ST
SPRING
V EI W
DR
M
A
RLBO
R
O
WAY

AUTUMN GOLD

SUMMER CT

WINCHES
TER
D
R

GEORGE ST
AUTUMN
L
H
N

IGHLAND HO
ME R
D

FALLING LEAF LN
D
O
R
O
THY
A
N
NA
DR
O
M
A
R
ST

CATCHEN RD

BUNKER HILL RD

SPRING CT

WINTERBERRY CT

CORNUCOPIA CT

JACINTO VIEW RD

WINTERGREEN CT
SPRING
D
R
D
Y
S
A
R
T
D
R
M

OUNTA NI AVE

WESTERN SUNSET RD

COPPERLEAF LN

KINGSTON RD

COMSTOCK
RD

GOLDRUSH
PL

PRAIRIE
PL

FOOTHI L L
DR
G

OLDEN S
K
Y
C
T
KELLO
G
G
D
R
41S
T
S
T
40TH AVE
ALDER
C
T
LEGEND
Zone 4
TR 32109
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone4.mxd; Map Date 05 Nov 2019
I
0 250 500 750 1,000
Feet

CITY OF BANNING
163
Landscape Maintenance Areas
LMD1 Proposed Zone 5
Riverside Co. GIS, July 2019

ECLIPSE
DR

WILSON ST

MOONBEAM DR
G
R
O
VE S
T

SUNRAY CT
S
TA
R
G
A
ZE WAY
DAWN
LN
LUNA
R LN
SIM
S
S
T
18TH S
T
19TH S
T
20TH S
T

SUNRISE AVE
HALFM
O
O
N
C
T
S
TA
RLIGHT
C
T

SILVER STAR
DR

SUNVIEW
DR
HARVE
ST M
O
ON LN
LEGEND
Zone 5
TR 23598
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone5.mxd; Map Date 05 Nov 2019
I
0 250 500 750 1,000
Feet

CITY OF BANNING
164
L
andscapeMaintenanceAreas
LMD1ProposedZone6
Riverside Co. GIS, July 2019
B
R
YA
N
S
T

DRIFTWOOD CIR

HATHAWAY ST

LISA LN
C
H
A
R
L
E
S
S
T
W
E
S
L
E
Y
S
T
A
D
A
M
S
T
LEGENDZo
ne6
TR28252
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone6.mxd; Map Date 05 Nov 2019 I
02505007501,000Fe
et

CITYOFBANNING
165
Landscape Maintenance Areas
LMD1 Proposed Zone 7
Riverside Co. GIS, July 2019

WILSON ST

PALM DR

HIGHLAND HO
ME R
D

HOFFER ST

DOROTHY
ANNA
D
R

CATCHEN RD

RED BLUFF LN

GILMAN ST

ELSIE LEE CIR
M
O
U
N
TAIN
AVE

TERRY LEE CIR
O
M
A
R
ST
SPRING
D
R

FALLING LEAF LN
ELM DR

WINTERGREEN CT CORNUCOPIA CT
DYSART
DR

WESTERN SUNSET RD

PEPPER LN
41S
T
S
T
ELISA
DAWN
DR

FOOTHILL
D
R

MERIDIAN AVE

CEDAR LN
LEGEND
Zone 7
TR 30793
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone7.mxd; Map Date 05 Nov 2019
I
0 250 500 750 1,000
Feet

CITY OF BANNING
166
L
andscapeMaintenanceAreas
LMD1ProposedZone8
Riverside Co. GIS, July 2019
B
R
YA
N
S
T
C
H
A
R
L
E
S
S
T

HATHAWAY ST
V
I
C
T
O
RY
AV
E

DRIFTWOOD CIR

HARGRAVE ST

JUAREZ ST

HERMOSA AVE

LISA LN

CALDERON WAY
A
D
A
M
S
T
LEGENDZo
ne8
TR31834
TR31833
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone8.mxd; Map Date 05 Nov 2019 I
02505007501,000Fe
et

CITYOFBANNING
167
L
andscapeMaintenanceAreas
LMD1ProposedZone9
Riverside Co. GIS, July 2019
C
H
A
R
L
E
S
V
I
C
T
O
RY
AV
E

HARGRAVE ST

HERMOSA AVE

CALDERON WAY
LEGENDZo
ne9
TR31835
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone9.mxd; Map Date 05 Nov 2019 I
02505007501,000Fe
et

CITYOFBANNING
168
Landscape Maintenance Areas
LMD1 Proposed Zone 10
Riverside Co. GIS, July 2019

RED BLUFF LN
D
Y
S
A
R
T
D
R

CYPRESS
ST
M
OU
NTAIN
AVE

GILMAN ST
P
E
P
PER LN
FO
O
T
HILL D
R
OAK LN

EVERGREEN LN
BILBER
RY
LN

PINE CIR
WILLO
W
PL

EUCALYPTUS
D
R

DAISY LN
S
Y
C
A
M
O
RE C
T

WOOD LN
G CT

CHESTNUT LN

CEDAR LN

MERIDIA
N
AVE
LEGEND
Zone 10
TR 30906
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone10.mxd; Map Date 05 Nov 2019
I
0 400 800 1,200
Feet

CITY OF BANNING
169
C
PEPPER
GILMAN

WILLOW PL
OAK LN

CHESTNUT LN

CEDAR LN

RED BLUFF LN

PALM DR
LEGEND
Zone 11
TR 32370
Landscaped Areas
0 400 800 1,200
Feet
Landscape Maintenance Areas
LMD1 Proposed Zone 11

CITY OF BANNING
DY
M:\GIS-Assessment\Banning\LMD1_Zone11.mxd; Map Date 05 Oct 2023

FOOTHILL DR

PINE CIR

BILBERRY LN

MOUNTAIN AVE
LN
AMORE
Riverside Co. GIS, July 2019
170

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: January 27, 2026
SUBJECT: Consideration of Resolution 2026-18, Awarding a Professional Services Agreement for Project No. 2020-04 Sun Lakes Boulevard Extension Project for Environmental Monitoring Services, to UltraSystems Environmental, Inc. in the amount of $381,900 and approving a 10% contingency for a total budget of “Not-to-Exceed” $420,090 RECOMMENDATION:

Adopt Resolution 2026-18
BACKGROUND:

The Sun Lakes Boulevard Extension is a critical infrastructure project that will construct a new 1-mile roadway segment, providing a vital east-west connection between Highland Home Road and Sunset Avenue. The project is designed to improve traffic circulation, reduce congestion on parallel routes, and support planned community development.

On April 14, 2020, City Council approved Resolution No. 2020-48 for Professional Services Agreement with WEBB for the design and environmental impact studies of the Sun Lakes Boulevard Extension Project in the amount of $548,416.05. The Agreement was subsequently amended five (5) times resulting in a total design cost of $1,364,706.66.

The construction of this project, while essential, will create environmental impacts that have been carefully analyzed and mitigated through the California Environmental Quality Act (CEQA) process performed by WEBB. With anticipated permanent impacts on 19.4 acres and temporary construction effects on 9.1 acres over 370 working days construction period, the project necessitates the services of a qualified environmental monitoring team. Their role is critical to ensuring all work aligns with the mandated Mitigation Monitoring and Reporting Program (MMRP), meets state and federal regulatory standards, and fulfills all obligations for environmentally sensitive resources of this project.

On July 14, 2020, City Council adopted Resolution No. 2020-97, authorizing the City Manager to execute a Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement with Western Riverside Council of Government (WRCOG) for up to $1,000,000 in TUMF funds for the Sun Lakes Boulevard Extension project. The Agreement was subsequently amended two (2) times. The first amendment increased the funding by $12,000,000 and the second amendment increased the funding by $7,000,000 for a total of $20,000,000.

On October 24, 2023, City Council adopted Resolution 2023-174, authorizing the Mayor to execute an Agreement for Measure A Regional Arterial (MARA) funding with the Riverside County Transportation 171
Commission (RCTC) in the amount of $13,500,000 for the Construction of the Sun Lakes Boulevard Extension Project.

On November 5, 2025, staff released a Request for Proposals (RFP) for Sun Lakes Boulevard Extension Project Construction Environmental Monitoring Services on the City’s public bidding platform. The bids were due on December 15, 2025. In response to the RFP, nine (9) bids were received from the following consultants:

Consultant Score (out of 100)
1) UltraSystems Environmental, Inc. 90.33
2) Dudek 81.83
3) PAX Environmental, Inc. 81.83
4) CASC Engineering and Consulting, Inc. 81.50
5) Chambers Group, Inc. 81.50
6) Vandermost Consulting Services, Inc. 81.33
7) SWCA Environmental Consultants 81.17
8) Aspen Environmental Group 80.17
9) SummitWest Environmental Consultants 76
The scope of work will include the following tasks:
• Project Management
• General Monitoring Program
• Crotch’s Bumble Bee Monitoring
• Vegetation Clearance and Pre-Construction Nesting Bird • Monitoring and Inadvertent Discovery
JUSTIFICATION:

The retention of a qualified environmental monitoring consultant is a fundamental and non-discretionary component of responsible project delivery for the Sun Lakes Boulevard Extension project. It will ensure that we meet our legal obligations, protect the environment, manage financial and schedule risks, and fulfill the commitments made to our community and regulatory partners during the environmental review process.

Staff evaluated the bid proposals based on qualifications, cost, experience with the requested scope of services and response to the request for proposals. As a result, staff recommend the award of a Professional Services Agreement to UltraSystems Environmental, Inc., in the amount of $381,900.

FISCAL IMPACT:

Staff recommends awarding a Professional Services Agreement to UltraSystems Environmental Inc. in the amount of $381,900 and approving a 10% contingency in the amount of $38,190 for a total “not-toexceed” project budget of $ 420,090.

The project costs are eligible and expected to be fully reimbursed through the TUMF Funds administered by WRCOG and MARA funds administered by RCTC. Both grants will provide funding totaling $33,500,000 which will include design, construction, environmental monitoring, utilities relocation and environmental permitting.

An appropriation from Measure A Fund in the amount of $381,900 to Account No. 101-4900-431.93-16 is necessary to fund Environmental Monitoring Services for the Sun Lakes Boulevard Extension Project.

City staff will submit monthly reimbursement invoices to RCTC and WRCOG.

This cost was included in the staff presentation for the Sun Lakes Boulevard Extension Project 172
construction award presentation on January 13, 2026 on the funding plan slide.

ALTERNATIVES:

Do not approve Resolution 2026-18 and provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution_2026-18.docx

2. TUMF Reimbursement Agreement - Amendment No. 2.pdf

3. MARA_Grant_Agreement.docx

4. Resolution No. 2020-048.pdf

5. Resolution No. 2020-097.pdf

6. Resolution No. 2023-174.pdf

7. UtraSystems_Price_Proposal.pdf
173
Resolution 2026-18

RESOLUTION 2026-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR PROJECT NO. 2020-04 SUN

LAKES BOULEVARD EXTENSION PROJECT FOR ENVIRONMENTAL MONITORING SERVICES, TO ULTRASYSTEMS ENVIRONMENTAL, INC. IN THE AMOUNT OF $381,900 AND APPROVING A 10% CONTINGENCY FOR A TOTAL BUDGET OF “NOT-TO-EXCEED” $420,090.

WHEREAS, the Sun Lakes Boulevard Extension is a critical infrastructure project that will construct a new 1-mile roadway segment, providing a vital east-west connection between Highland Home Road and Sunset Avenue. The project is designed to improve traffic circulation, reduce congestion on parallel routes, and support planned community development; and WHEREAS, on April 14, 2020, City Council approved Resolution No. 2020-48 for Professional Services Agreement with WEBB for the design and environmental impact studies of the Sun Lakes Boulevard Extension Project in the amount of $548,416.05. The Agreement was subsequently amended five (5) times resulting in a total design cost of $1,364,706.66; and WHEREAS, the construction of this project, while essential, will create environmental impacts that have been carefully analyzed and mitigated through the California Environmental Quality Act (CEQA) process performed by WEBB; and
WHEREAS, the project necessitates the services of a qualified environmental monitoring team to ensure that all work aligns with the mandated Mitigation Monitoring and Reporting Program (MMRP), meets state and federal regulatory standards, and fulfills all obligations for environmentally sensitive resources of this project; and WHEREAS, on July 14, 2020, City Council adopted Resolution No. 2020-97, authorizing the City Manager to execute a Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement with Western Riverside Council of Government (WRCOG) for up to $1,000,000 in TUMF funds for the Sun Lakes Boulevard Extension project with subsequent two amendments increasing the grant agreement to a total of $20,000,000; and WHEREAS, on October 24, 2023, City Council adopted Resolution 2023-174, authorizing the Mayor to execute an Agreement for Measure A Regional Arterial (MARA) funding with the Riverside County Transportation Commission (RCTC) in the amount of $13,500,000 for the Construction of the Sun Lakes Boulevard Extension Project; and WHEREAS, on November 5, 2025, staff released a Request for Proposals (RFP) for Sun Lakes Boulevard Extension Project Construction Environmental Monitoring Services on the City’s public bidding platform; and
WHEREAS, on December 15, 2025, in response to the RFP, nine (9) proposals were received ranging in score from 90.33 to 76; and
WHEREAS, the scope of work will include project management, general monitoring program, Crotch’s Bumble Bee monitoring, vegetation clearance and pre-construction nesting bird, monitoring and inadvertent discovery and fossil discovery; and 174
Resolution 2026-18

WHEREAS, the retention of a qualified environmental monitoring consultant is a fundamental and non-discretionary component of responsible project delivery for the Sun Lakes Boulevard Extension project and it will ensure that we meet our legal obligations, protect the environment, manage financial and schedule risks, and fulfill the commitments made to our community and regulatory partners during the environmental review process; and WHEREAS, staff recommends awarding a Professional Services Agreement to UltraSystems Environmental Inc. in the amount of $381,900 and approving a 10% contingency in the amount of $381,900 for a total “not-to-exceed” project budget of $ 420,090; and WHEREAS, the project costs are eligible and expected to be fully reimbursed through TUMF Funds administered by WRCOG and MARA funds administered by RCTC. Both grants will provide funding totaling $33,500,000 which will include design, construction, environmental monitoring, utilities relocation and environmental permitting; and WHEREAS, an appropriation from Measure A Fund in the amount of $381,900 to Account No. 101-4900-431.93-16 is necessary to fund Environmental Monitoring Services for the Sun Lakes Boulevard Extension Project and City staff will submit monthly reimbursement invoices to RCTC and WRCOG.

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

SECTION 1. The City Council approves the Professional Services Agreement with UltraSystems Environmental, Inc. in the amount of $381,900 and approving a 10% contingency for a total budget of “not-to-exceed” $420,090 for the environmental monitoring services during the construction of Sun Lakes Boulevard Extension Project.

SECTION 2. The City Council authorizes the City Manager, or their designee, to execute the Professional Services Agreement with UltraSystems Environmental, Inc.

SECTION 3. The City Council authorizes the City Manager to make necessary non-substantive changes and execute the Professional Services Agreement with UltraSystems Environmental, Inc.

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 27th day of January 2026.

Richard Royce, Mayor
City of Banning
ATTEST:
175
Resolution 2026-18

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

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney, LLP
176
Resolution 2026-18

CERTIFICATION:

I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-18, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 27th day of January 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Administrative City Clerk
City of Banning, California
177
Resolution 2026-18

EXHIBIT A
Professional Services Agreement with UltraSystems Environmental, Inc. 178
Project #06-PS-BAN-1206
AMENDMENT NO. 2 TO TRANSPORTATION UNIFORM MITIGATION FEE

PROGRAM AGREEMENT

SUN LAKES BOULEVARD EXTENSION PROJECT

PA&AD, PS&E AND CONSTRUCTION PHASES
This Amendment No.2 to Transportation Uniform Mitigation Fee Program Agreement between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”) and City of Banning, a California municipal corporation (“AGENCY”). WRCOG and the AGENCY are sometimes referred to individually as “Party” and collectively as “Parties.”

RECITALS
A. WRCOG and AGENCY have entered into an agreement titled “Transportation Uniform Mitigation Fee Program Agreement” that is dated June 12, 2020 (“Agreement”). The Agreement provides the terms and conditions, scope of work, schedule and funding amount for the construction of the Sun Lakes Boulevard Extension (hereinafter the “Project”).

B. On January 9, 2025, the Parties entered into Amendment No. 1 to the Agreement in order to increase the funding amount.

C. The Parties desire to amend the Agreement, as previously amended, by increasing the funding amount pursuant to Sections 6 and 33 of the Agreement.

D. Funds are being increased for this Project because new funding has become available.

Docusign Envelope ID: 31110989-AFC1-4FE7-8148-7A6860DF9A27 (“Amendment No. 2”) is entered into this ______day of _______________, 2025, by and 179
Project #06-PS-BAN-1206

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:

1. The Funding Amount contained in Section 2 of the Agreement as amended by Amendment No. 2 is hereby increased by $7,000,000 (SEVEN MILLION DOLLARS) from $13,000,000 (THIRTEEN MILLION DOLLARS) to an amount not to exceed $20,000,000 (TWENTY MILLION DOLLARS).

2. The foregoing increase in the Funding Amount is within the Maximum TUMF Share.

3. Exhibits “A”, “A-1”, and “A-2” of the Agreement, as amended by Amendment No. 2 are hereby replaced in their entirety by Exhibits “A”, “A-1”, and “A-2” of this Amendment No. 2, which are attached hereto and incorporated by reference.

4. The above-stated Recitals are hereby fully incorporated into this Amendment No.

2. 5. Except to the extent specifically modified or amended hereunder, all of the terms, covenants and conditions of the Agreement as amended, shall remain in full force and effect between the Parties hereto.

IN WITNESS WHEREOF, the Parties have caused this Amendment No. 2 to be executed by their duly authorized representatives to be effective on the day and year first written above.

Docusign Envelope ID: 31110989-AFC1-4FE7-8148-7A6860DF9A27 180
Project #06-PS-BAN-1206

WESTERN RIVERSIDE COUNCIL CITY OF BANNING

OF GOVERNMENTS
By: ______________________________ By: ______________________________ Dr. Kurt Wilson, Executive Director Art Vela, Acting City Manager

Approved to Form: Approved to Form:

By: ______________________________ By: ______________________________ Steven C. DeBaun John Pinkney, City Attorney
General Counsel
Attest:

By: ______________________________
Sandra Calderon, Acting
Administrative City Clerk
Docusign Envelope ID: 31110989-AFC1-4FE7-8148-7A6860DF9A27 10/9/2025
10/14/2025
10/14/2025 10/14/2025
10/16/2025
181
Project #06-PS-BAN-1206
Exhibit A

SCOPE OF SERVICES

1. SCOPE OF WORK:

PA&ED and PSE Phases
• Project Management
• Project Development
• Preliminary Engineering Design
• Environmental Documentation
• Final Design Reports and Studies
• Final Design Plans, Specifications, and Estimates
• Permitting
• Bidding/Construction Support
CON Phase
• Construction Management
• Field Inspection
• Materials Testing
• Construction costs, including change order to construction contract o Improvement of 1.01 miles of roadway between Highland Home Road and Sunset Ave
o 4 vehicle lanes (2 in each direction) within a 110 right of way. Scope includes road base, asphalt, concrete median curb, curb and gutter, sidewalk, street lights, signage, and striping
o Drainage improvements to collect and convey stormwater on the roadway to project culverts
o Relocation of non-agency owned utilities
• Construction Inspection
Docusign Envelope ID: 31110989-AFC1-4FE7-8148-7A6860DF9A27 182
Project #06-PS-BAN-1206
EXHIBIT “A-1”

ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED $500,000 0 $500,000
PS&E $500,000 0 $500,000
RIGHT OF WAY 0 0 0
CONSTRUCTION $19,000,000 0 $19,000,000
TOTAL $20,000,000 0 $20,000,000
Docusign Envelope ID: 31110989-AFC1-4FE7-8148-7A6860DF9A27 183
Project #06-PS-BAN-1206
EXHIBIT “A-2”

PROJECT SCHEDULE
TIMETABLE:

Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED 12/31/24 $500,000
95% Plans
Complete
PS&E 12/31/24 $500,000
95% Plans
Complete

RIGHT OF WAY N/A N/A
CONSTRUCTION 12/31/27 $30,000,000
Include RCTC
Mara Funding
TOTAL $31,000,000
Docusign Envelope ID: 31110989-AFC1-4FE7-8148-7A6860DF9A27 184
17336.02600\41761101.1 1
Agreement No. 23-72-091-00

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

WITH THE CITY OF BANNING

1. Parties and Date.

1.1 This Agreement is executed and entered into this 30th day of October , 2023, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“RCTC”) and CITY OF BANNING (“City”). RCTC and City are sometimes collectively referred to herein as the “Parties”.

2. Recitals.

2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5.

2.2 On November 5, 2002 the voters of Riverside County approved Measure A authorizing the collection of a one-half percent (1/2%) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the “Plan”).

2.3 The Plan establishes funding for any improved Regional Arterial System to be funded by a mix of measure A and Transportation Uniform Mitigation Fees (TUMF) revenues.

2.4 Pursuant to Public Utility Code Sections 240000 et seq., RCTC is authorized to allocate the proceeds of the Measure A tax in furtherance of the Plan.

2.5 RCTC intends, by this Agreement, to distribute Measure A Regional Arterial (“MARA”) Funds, subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein.

3. Terms.

3.1 Description of Work. This Agreement is intended to distribute MARA Funds to the City for the Sun Lakes Extension Project, (“the Work”). The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. The Work shall be consistent with one or more of the defined RCTC Call for Projects phases detailed herein as follows:
1) CONS – Construction
185
17336.02600\41761101.1 2
The Work phase(s) funded pursuant to this Agreement shall be consistent with the City’s Call for Projects Nomination Form submitted to RCTC (“the Project”). The Project is more fully described in Exhibit “B” attached hereto. It is understood and agreed that the City shall expend MARA Funds only as set forth in this Agreement and only for the Work. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval of RCTC.

3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed Thirteen Million, Five Hundred Thousand Dollars ($13,500,000), to be used exclusively for reimbursing the City for eligible Work expenses as described herein (“Funding Amount”). The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Work, and that RCTC shall not contribute MARA Funds in excess of the maximum authorized in this section.

3.2.1 Eligible Work Costs. The total Work costs (“Total Work Cost”) may include the following items, provided that such items are included in the scope of work attached as Exhibit “A”: (1) City and/or consultant costs associated with direct Work coordination and support; (2) construction costs, including change orders to construction contract approved by the City; and (3) construction management, field inspection and material testing costs.

3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the Citywithout reimbursement: (1) City administrative costs; (2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees attributed to the processing of the Work; and (4) expenses for items of work not included within the scope of work in Exhibit “A”.

3.2.3 Increases in Work Funding. The Funding Amount may, in RCTC’s sole discretion, be augmented with additional MARA Funds. Any such increase in the Funding Amount must be approved in writing by RCTC’s Executive Director. No such increased funding shall be expended to pay for any Work already completed. For purposes of this Agreement, the Work or any portion thereof shall be deemed complete upon its acceptance by RCTC’s Executive Director.

3.2.4 Cost Savings. In the event that bids for the Work are lower than anticipated, or there are cost savings for any other reason, the Funding Amount shall be reduced as follows: cost savings shall be applied proportionately to each funding source listed in Exhibit “A” for the Work.

The City shall inform RCTC of any cost savings and the Parties shall amend this Agreement to reflect the revised Funding Amount. RCTC’s Executive Director and the City Manager shall be authorized to execute any such amendment.

3.2.5 No Funding for Temporary Improvements. Only segments or components of the Work that are intended to form part of or be integrated into the Work may be funded by MARA Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, or drainage facilities, shall be funded with MARA Funds except as needed for staged construction of the Work.
186
17336.02600\41761101.1 3

3.3 City’s Funding Obligation to Complete the Work. In the event that the MARA Funds allocated to the Work represent less than the total cost of the Work, the City shall provide such additional funds as may be required to complete the Work as described in Exhibit “A”.

3.3.1 City’s Obligation to Repay MARA Funds to RCTC. In the event that: (i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the City agrees that any MARA Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues. The City acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an amount not to exceed the total of the funds distributed to the City, and/or initiate legal action to compel repayment, if the City fails to repay RCTC within a reasonable time period not to exceed 180 days from receipt of written notification from RCTC that repayment is required.

3.3.2 City’s Local Match Contribution. The City shall provide at least Thirteen Million, Five Hundred Thirty-Six Thousand Dollars ($13,536,000) of funding toward the Work, as shown in Exhibit “A” and as called out in the City’s Project Nomination Form submitted to RCTC in response to its Call for Projects.

3.4 Work Responsibilities of the City. The City shall be responsible for the following aspects of the Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit “A”: (i) all aspects of bidding, awarding, and administration of the contracts for the Work; (ii) all construction management of any construction activities undertaken in connection with the Work, including survey and material testing; and (iii) development of a budget for the Work prior to award of any contract for the Work, taking into consideration available funding, including MARA Funds.

3.5 Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until: (i) the date RCTC formally accepts the Work as complete, pursuant to Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, “including full repayment of MARA Funds to RCTC as provided herein”. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

3.6 Representatives of the Parties. RCTC’s Executive Director, or his or her designee, shall serve as RCTC’s representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby designates Doug Schulze, City Manager, or his or her designee, as the City’s representative to RCTC. The City’s representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all activities of the Work under the City’s responsibility. The City shall work closely and cooperate fully with RCTC’s representative and any other agencies which may have jurisdiction over or an interest in the Work.
187
17336.02600\41761101.1 4

3.7 Expenditure of Funds by City Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures.

However, the City understands and acknowledges that any expenditure of funds on the Work prior to the execution of the Agreement is made at the City’s sole risk, and that some expenditures by the City may not be eligible for reimbursement under this Agreement.

3.8 Review of Services. The City shall allow RCTC’s Representative to inspect or review the progress of the Work at any reasonable time in order to determine whether the terms of this Agreement are being met.

3.9 Termination. This Agreement may be terminated for cause or convenience as further specified below.

3.9.1 Termination for Convenience.

3.9.1.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, for convenience by giving thirty (30) days' written notice to the other party of such termination and specifying the effective date thereof.

3.9.1.2 Effect of Termination for Convenience. In the event that the City terminatesthis Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. In the event that RCTC terminates this Agreement for convenience, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the non-terminating party of the amounts due it under this Section 3.9.1.2.

3.9.2 Termination for Cause.

3.9.2.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach.

During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.

3.9.2.2 Effect of Termination for Cause. In the event that the City terminates this Agreement in response to RCTC's uncured material breach hereof, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination.

In the event that RCTC terminates this Agreement in response to the City's uncured material breach hereof, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. Notwithstanding termination of this Agreement by RCTC pursuant to this 188
17336.02600\41761101.1 5
Section 3.9.2.2, RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the terminating party of the amounts due it under this Section 3.9.2.2.

3.9.3 Cumulative Remedies. The rights and remedies ofthe Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.

3.10 Prevailing Wages. The City and any other person or entity hired to perform services on the Work are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq.

3.11 Progress Reports. RCTC mayrequest theCityto provideRCTC with progressreports concerning the status of the Work.

3.12 Indemnification.

3.12.1 City Responsibilities. In addition to the indemnification required under Section 3.10, the City agrees to indemnify and hold harmless RCTC, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to any act of the City or its contractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC. The City will reimburse RCTC for any expenditures, including reasonable attorneys’ fees, incurred by RCTC, in defending against claims ultimately determined to be due to any act of the City or its contractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC.

3.12.2 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Work.

RCTC’s review, acceptance or funding of any services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City’s performance of this Agreement or supervision of any services provided to complete the Work.

3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to perform the Work to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be 189
17336.02600\41761101.1 6
maintained throughout the term of this Agreement, or until completion of the Work, whichever occurs last.

3.13.1 Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $2,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall:

3.13.1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;

3.13.1.2 Be primary with respect to any insurance or self insurance programs covering RCTC and City, and/or their respective officials, officers, employees, agents, and consultants; and

3.13.1.3 Contain standard separation of insured provisions.

3.13.2 Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.

3.13.3 Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals.

3.13.4 Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.

3.14 Procedures for Distribution of MARA Funds to City.

3.14.1 Initial Payment by the City. The City shall be responsible for initial payment of all the Work costs as they are incurred. Following payment of such Work costs, the City shall submit invoices to RCTC requesting reimbursement of eligible Work costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the City, and documents evidencing the City’s payment of the invoices or demands for payment. The City shall submit invoices not more often than monthly and not less often than quarterly.

3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30) days. In the event that RCTC disputes the eligibility of the City for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC’s 190
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decision as to the eligibility of one or more invoices to RCTC’s Executive Director. The City may appeal the decision of the Executive Director to the full RCTC Board, the decision of which shall be final. Additional details concerning the procedure for the City’s submittal of invoices to RCTC and RCTC’s consideration and payment of submitted invoices are set forth in Exhibit “C”, attached hereto.

3.14.3 Funding Amount/Adjustment. If a post Work audit or review indicates that RCTC has provided reimbursement to the City in an amount in excess of the maximum MARA Funds provided for in section 3.2 of this Agreement, or has provided reimbursement of ineligible Work costs, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of notification by RCTC.

3.15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval of RCTC’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Work shall be approved in the sole discretion of RCTC’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), but the necessity of compliance with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work.

3.16 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.17 Limited Scope of Duties. RCTC’s and the City’s duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or its contractors relating to the condemnation of property undertaken by City or construction related to the Work.

3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit.

3.19 Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment 191
17336.02600\41761101.1 8
because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County.

3.21 Attorneys’ Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit.

3.22 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.23 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.

3.24 Notification. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CITY OF BANNING RCTC
99 East Ramsey Street Riverside County Transportation Commission Banning, CA 92220 4080 Lemon Street, 3rd Floor
Mailing address: P.O. Box 12008
Riverside, CA 92501
ATTN:City Manager ATTN: Executive Director
Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.

3.25 Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisionsset forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the performance of the Services.

3.26 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees.
192
17336.02600\41761101.1 9

3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings.

3.28 No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.

3.29 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

3.30 Independent Contractors. Any person or entities retained by the City or any contractor shall be retained on an independent contractor basis and shall not be employees of RCTC. Any personnel performing services on the Work shall at all times be under the exclusive direction and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Work and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.

3.31 Survival. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination of this Agreement shall survive any such expiration or termination.

3.32 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.33 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.34 Electronically Transmitted Signatures; Electronic Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. This Agreement may be signed using electronic signatures. [Signatures on following page]
193
17336.02600\41761101.1 0

SIGNATURE PAGE
TO

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

RIVERSIDE COUNTY CITY OF BANNING

TRANSPORTATION COMMISSION
By: By:

Anne Mayer, Executive Director Alberto Sanchez, Mayor
ATTEST:

By:

Caroline Patton, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:

Best, Best & Krieger
Counsel to the Riverside County
Transportation Commission
194
17336.02600\41761101.1
EXHIBIT “A”

SCOPE OF WORK,

FUNDING AND TIMETABLE
SCOPE OF WORK: Construct new 1.02-mile section of Westward Avenue from Sunset Avenue to Highland Home Road. Will include two eastbound and two westbound lanes, comprised of a 12-foot inner lane and a 14-foot outer lane in each direction; a raised 18-foot wide median; 8-foot-wide Class 2 bike lanes in each direction; 8-foot-wide sidewalks; associated road striping, drainage, and street light improvements.

FUNDING:

PHASE MARA Fund LOCAL TOTAL
CONSTRUCTION $13,500,000 $13,536,000 $27,036,000
TOTAL $13,500,000 $13,536,000 $27,036,000
TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work including major milestones within a phase.

PHASE START DATE END DATE COMMENTS
Construction 3/2025 8/2026 360 Working Days
Exhibit A
195
17336.02600\41761101.1
EXHIBIT “B”

PROJECT LOCATION MAP
Exhibit B
196
Exhibit C
17336.02600\41761101.1
EXHIBIT “C”

PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES

1. RCTC recommends that the City incorporate Exhibit “C-1” into its contracts with any contractors to establish a standard method for preparation of invoices by contractors to the City and ultimately to RCTC for reimbursement of City contractor costs.

2. Each month the City shall submit an invoice for eligible Work costs incurred during the preceding month. The original invoice shall be submitted to RCTC’s Executive Director with a copy to RCTC’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-2”.

3. Each invoice shall include documentation from each contractor used by the City for the Work, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or consultant for the month and for the entire Work to date. A sample progress report is attached as Exhibits “C-4”. All documentation from the City’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-3”.

4. If the City is seeking reimbursement for direct expenses incurred by City staff for eligible Work costs, the City shall detail the same level of information for its labor and any expenses in the same level of detail as required of contractors pursuant to Exhibit “C” and its attachments.

5. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the invoice.

6. Each invoice shall include a certification signed by the City Representative or his or her designee which reads as follows:
“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed.

Signed
Title
Date
197
Exhibit C
17336.02600\41761101.1
Invoice No.

7. RCTC will pay the City within 30 days after receipt by the Commission of an invoice. If RCTC disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.

8. The final payment under this Agreement will be made only after: (i) the City has obtained a Release and Certificate of Final Payment from each contractor or consultant used on theWork; (ii) the City has executed a Release and Certificate of Final Payment; and (iii) the City has provided copies of each such Release to RCTC.
198
Exhibit “C-1”
17336.02600\41761101.1
EXHIBIT “C-1”

ELEMENTS OF COMPENSATION
For the satisfactory performance and completion of the Work under this Agreement, City will pay the Consultant compensation as set forth herein. The total compensation for this service shall not exceed ( INSERT WRITTEN DOLLAR AMOUNT ) ($ INSERT NUMERICAL DOLLAR AMOUNT ) without written approval of City’s City Engineer (“Total Compensation”).

1. ELEMENTS OF COMPENSATION.

Compensation for the Work will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.

1.1 DIRECT LABOR COSTS.

Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:

1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Consultant's personnel directly engaged in performance of the Work under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.)

1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is , and is the sum of the following components:

1.1.2.1 Direct Salary Costs

1.1.2.2 Payroll Additives
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.
199
Exhibit “C-1”
17336.02600\41761101.1

1.1.2.3 Overhead Costs
The Decimal ratio of Allowable Overhead Costs to the Consultant Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.

Total Multiplier
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)

1.2 FIXED FEE.

1.2.1 A Fixed Fee of shall be paid to Consultant for Consultant’s complete and satisfactory performance of this Agreement and all Services required.

The Fixed Fee shall be paid in monthly installments based upon the percentage of the Services completed at the end of each billing period, as determined in the sole discretion of the City. Consultantshall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein.

1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.

1.3 ADDITIONAL DIRECT COSTS.

Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.

Rates for identified Additional Direct Costs are as follows:

ITEM REIMBURSEMENT RATE
[ insert charges ]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles from the Consultant's office nearest to City’s 200
Exhibit “C-1”
17336.02600\41761101.1
office must have City’s prior written approval to be reimbursed under this Agreement.

2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:

2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.

2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Consultant's adjustments to individual compensation. The Consultant shall notify City in writing prior to a change in the range of rates included herein, and prior to each subsequent change.

POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[ sample ]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour

2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant's cost proposal.

3. INVOICING.

3.1 Each month the Consultant shall submit an invoice for Work performed during the preceding month. The original invoice shall be submitted to City’s City Engineer with two (2) copies to City’s Project Coordinator.
201
Exhibit “C-1”
17336.02600\41761101.1

3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by City’s Representative.

3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Work, shall be listed separately. The chargesfor each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice.

3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to City such as invoices, telephone logs, etc.

3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.

3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice.

3.7 Each invoice shall include a certification signed by the Consultant's Representative or an officer of the firm which reads as follows:

I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.

Signed
Title
Date
Invoice No.

4. PAYMENT

4.1 City shall pay the Consultant within four to six weeks after receipt by City of an original invoice. Should City contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.

The final payment for Work under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment.
202
EXHIBIT “C-2”
Exhibit “C-2”
17336.02600\41761101.1
Sample Cover Letter to RCTC
Date
Ms. Anne Mayer
Executive Director
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
ATTN: Accounts Payable
Re: Project Title - Invoice #
Enclosed for your review and payment approval is the City of ’s invoice for professional and technical services that was rendered by our contractors in connection with the Agreement No. effective (Month/Day/Year). The required support documentation received from each contractor is included as backup to the invoice.

Invoice period covered is from Month/Date/Year to Month/Date/Year.

Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.

By:

Name
Title
cc:
203
EXHIBIT “C-3”
17336.02600\41761101.1
Sample Letter from Contractor to City/County
Month/Date/Year
Attn: Accounts Payable Invoice #
For [type of services] rendered by [contractor name] in connection with [name of project] Thisis per agreement No. XX-XX-XXX effective Month/Date/Year.

Invoice period covered is from Month/Date/Year to Month/Date/Year.

Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By:

Name
Title
Exhibit “C-3”
204
17336.02600\41761101.1
EXHIBIT C-4
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Year
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods TASK 01 – 100% PS&E SUBMITTAL

1. Responded to Segment 1 comments from Department of Transportation

2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL

1. Completing and to submit Traffic Signal and Electrical Design plans

2. Responding to review comments
Exhibit C-4
205
Agreement No. 23-72-091-00
Final Audit Report 2023-11-01
"Agreement No. 23-72-091-00" History
Document created by Shirley Gooding ([email protected]) 2023-10-30 - 4:55:24 PM GMT- IP address: 47.44.7.2
Document emailed to Anne Mayer ([email protected]) for signature 2023-10-30 - 4:56:04 PM GMT
Email viewed by Anne Mayer ([email protected])
2023-11-01 - 3:49:36 PM GMT- IP address: 104.47.73.254
Document e-signed by Anne Mayer ([email protected])
Signature Date: 2023-11-01 - 3:49:45 PM GMT - Time Source: server- IP address: 172.250.142.88 Agreement completed.
2023-11-01 - 3:49:45 PM GMT
Created: 2023-10-30
By:

Status:

Transaction ID:

Shirley Gooding ([email protected])
Signed
CBJCHBCAABAARnaXq7H7PFEkCk0XFrb7wXAydQHFxxuQ
206
RESOLUTION 2020- 48

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

AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF

THE SUN LAKES BOULEVARD EXTENSION FROM HIGHLAND HOME ROAD TO SUNSET AVENUE, TO ALBERT A. WEBB ASSOCIATES IN THE AMOUNT OF 548, 416. 05 AND APPROVING A 10% CONTINGENCY FOR A TOTAL PROJECT BUDGET OF " NOT -TO -EXCEED" $603, 258. 05
WHEREAS, there is a current need for a new road on the south side of Interstate 10 to close a gap in the City' s street network from Highland Home Road to Sunset Avenue to reduce existing congestion at the Highland Springs Avenue interchange and to accommodate expected growth within the City; and
WHEREAS, on February 11, 2020, under Resolution 2020-1 the City Council accepted Lots A, D, E, F and G for the necessary right- of- way for the extension of Sun Lakes Boulevard from Highland Home Road to Sunset Avenue. The lots were originally offered to the City on Parcel Map 25541 approved on August 28, 1990, at which time the City deferred the approval of the right- of- way to a future date; and WHEREAS, on March 24, 2020, under Resolution 2020- 37, the City Council approved General Plan Amendment 19- 2502 and Environmental Assessment 19- 1503, a proposed amendment to the Circulation Element of the General Plan to modify the alignment of Sun Lakes Boulevard from its existing General Plan alignment with Lincoln Street to the proposed alignment with Westward Avenue following closely the right- of- way offered on Parcel Map 25541; and
WHEREAS, on February 18, 2020, staff released an Invitation for Bid for the Design of the Sun Lakes Boulevard Extension to five ( 5) consultants on the on -call engineering list approved by City Council on September 10, 2019 under Resolution 2019- 116 and received three ( 3) proposals ranging in costs from $ 508, 678 to $ 849, 674; and
WHEREAS, staff evaluated the proposals based on qualifications, cost, experience with the request scope of services and response to the request for proposals. As a result, staff recommends the award of a professional services agreement to Albert A. Webb Associates, in the amount of $548, 416. 05; and WHEREAS, the total project budget of $ 603, 258. 05, which includes a 10% contingency, will be funded by Measure A funds. The project costs are eligible and expected to be reimbursed by the Western Riverside Council of Governments ( WRCOG) via the Transportation Uniform Mitigation Fee ( TUMF) program. 1 Resolution 2020- 48
207
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City of Banning City Council adopts Resolution No. 2020- 48 Professional Services Agreement for the Design of the Sun Lakes Boulevard Extension from Highland Home Road to Sunset Avenue, to Albert A. Webb Associates in the amount of $ 548, 416. 05 and approves a 10% contingency for a total project budget of "not -to -exceed" $603, 258. 05.

SECTION 2. City Council authorizes the City Manager or his designee to make necessary budget adjustments, appropriations and transfers related to the Professional Services Agreement with Albert A. Webb Associates and to approve change orders within the 10% contingency.

SECTION 3. The City Manager is authorized to execute the Professional Services Agreement with Albert A. Webb Associates.

SECTION 4. The City Clerk is authorized to certify 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 14th day of April, 2020.

Daniela Andrade, Mayor
City of Banning
ATTEST:

Sonja D- a uente, Deputy City Clerk

APPROVED AS TO FORM AND
LEGAL CONTENT:

Kevin G. Ennis, Esq., City Attorney
Richards, Watson & Gershon
2 Resolution 2020- 48
208
CERTIFICATION:

I, Sonja De La Fuente, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2020- 48 was duly adopted by the City Council of the City of Banning at a Regular Meeting thereof held on the 14th of April, 2020.

AYES: Councilmembers Happe, Pingree, Wallace, Welch & Mayor Andrade NOES: None
ABSTAIN: None
ABSENT: None
Sonja De 9 ente, Deputy City Clerk
City of Banning, California
3 Resolution 2020- 48
209
RESOLUTION 2020- 97
ADOPT RESOLUTION 2020-97, AUTHORIZING THE CITY MANAGER

TO EXECUTE A TUMF REIMBURSEMENT AGREEMENT WITH WRCOG
FOR UP TO $ 1,000,000 IN TUMF FUNDS FOR THE SUN LAKES

BOULEVARD EXTENSION PROJECT
WHEREAS, Western Riverside Council of Government ( WRCOG) has developed and administers the Transportation Uniform Mitigation Fee ( TUMF) program, a regional fee program designed to provide transportation infrastructure to mitigate the impact of new growth in western Riverside County. The City of Banning is an active member in WRCOG; and
WHEREAS, as the program administrator, WRCOG allocates TUMF funds to a variety of agencies, including the Riverside County Transportation Commission ( RCTC), Riverside Transit Agency ( RTA), Western Riverside Regional Conservation Authority RCA) and western Riverside cities and Riverside County areas through applicable TUMF Zones; and
WHEREAS, the City of Banning is part of the Pass Zone along with the City of Calimesa, City of Beaumont and Riverside County ( District 5); and WHEREAS, the Pass Zone Transportation Improvement Program ( TIP), which included the Sun Lakes Boulevard Extension project, was approved by the WRCOG Executive Committee at its May 4, 2020 meeting; and
WHEREAS, the TUMF Reimbursement Agreement will provide up to $ 1,000,000 in TUMF funds in the form of a reimbursement to the City of Banning for expenditures related to the Sun Lakes Boulevard Extension project; and WHEREAS, the WRCOG Executive Committee approved the TUMF Reimbursement Agreement at its June 1, 2020 meeting.

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

Section 1. The Banning City Council adopts Resolution 2020- 97 authorizing the City Manager to execute the TUMF Reimbursement Agreement with WRCOG for up to 1,000,000 in TUMF funds for the Sun Lakes Boulevard Extension project.

Section 2. The City Manager or his designee is authorized to record the reimbursement funds and to make all necessary budget adjustments, appropriations and transfers related to the TUMF Reimbursement Agreement for the Sun Lakes Boulevard Extension project.

Resolution 2020- 97 1
210
PASSED, APPROVED AND ADOPTED this 14th day of July, 2020.

ATTEST:

S~ Deputy City Clerk
City of Banning

APPROVED AS TO FORM
AND LEGAL CONTENT:
7~ %C/44
Kevin G. Ennis, Esq., City Attorney
Richards, Watson & Gershon
Resolution 2020- 97
Daniela Andrade, Mayor
City of Banning
2 211
CERTIFICATION:

I, Sonja De La Fuente , Deputy City Clerk of the City of Bann ing , Ca liforn ia , do hereby certify that the foregoing Reso lution No. 2020-97 , was adopted by the City Council of the City of Banning at a Regular Meeting thereof held on the 14th day of July , 2020 , by the following vote , to wit:

AYES : Councilmembers Happe, Pingree, Wallace, Welch and Mayor Andrade NOES: None
ABSTAIN: None
ABSENT: None
Sonja uente , Deputy City Clerk
City of Banning
Re solutio n 20 20- 97 3
212
RESOLUTION 2023-174

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

AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT FOR THE FUNDING

OF MEASURE A REGIONAL ARTERIAL IMPROVEMENTS WITH THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR $ 13,500,000 IN MEASURE A

FUNDING FOR THE CONSTRUCTION OF THE SUN LAKES BOULEVARD

EXTENSION PROJECT
WHEREAS, Sun Lakes Boulevard exists on the City's Circulation Element as an arterial highway; and
WHEREAS, on April 14, 2020 City Council adopted Resolution 2020-48 authorizing design services for the Sun Lakes Boulevard Extension Project (also known as the Westward Avenue Extension Project) ("Project"); and WHEREAS, the Project is eligible for grant funding for construction under the Riverside County Transportation Commission Measure A Regional Arterial program; and WHEREAS, the Riverside County Transportation Commission selected the Project through a competitive grant program for $13,500,000 of Measure A money collected and administered by the Riverside County Transportation Commission.

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

SECTION 1. The City Council approves the grant agreement, attached hereto as Exhibit A", between the Riverside County Transportation Commission and the City of Banning for $13,500,000 in construction funding for the Sun Lakes Boulevard extension project.

SECTION 2. The City Council authorizes the Mayor to sign the grant agreement for the funding of Measure A Regional Arterial Improvements.

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

PASSED, APPROVED AND ADOPTED this 24th day of October 2023.

Resolution 2023-174