Banning City Council
March 24, 2026

RESOLUTION 2026-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AGREEMENT WITH PYRO SPECTACULARS, INC. FOR PRODUCTION OF THE

FOURTH OF JULY AERIAL FIREWORKS DISPLAY
WHEREAS, The City desires to hold a community event with an aerial fireworks display on July 4, 2026; and
WHEREAS, every year, the City of Banning holds a community wide celebration and this year represents the 250th anniversary of the United States of America; and WHEREAS, The July 4th Celebration was held in July of 2025 and it was a successful and well attended event with over 2,500 people estimated in attendance inside the fence at Nicolet Middle School Field and thousands more watching the show in the adjacent neighborhoods and throughout Banning; and
WHEREAS, Pyro Spectaculars is a single source provider of fireworks shows on July 4th providing well over 200 shows each year in California and throughout the United States; and WHEREAS, Pyro Spectacular has performed the annual show in Banning for over a dozen years and proven themselves to deliver an exciting and safe show for the community; and WHEREAS, Pyro Spectaculars, Inc., of Rialto, CA has provided these services for the City in the past and has proved able to perform to set expectations; and WHEREAS, Pyro Spectaculars, Inc., of Rialto, CA submitted pricing of $37,000 through an informal request; and
WHEREAS, Sufficient funding for the Aerial Fireworks show and Fourth of July Celebration is budgeted and is available in account 001-5400-446.41.58 for FY 2025-26.

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

SECTION 1. The City Council approves the Production Agreement with Pyro Spectaculars, Inc. for an annual aerial’s fireworks show in the amount of $37,000.

SECTION 2. Authorizes the City Manager or her designee to make non-substantive changes to the Production Agreement and to execute the Production Agreement with Pyro Spectaculars, Inc, on behalf of the City Council, sign all necessary documents, and make all necessary budget adjustments to facilitate the Production Agreement.

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 March 2026 461
Resolution 2026-43

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

John Pinkney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
462
Resolution 2026-43

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-43, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 24th day of March, 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
463

CITY OF BANNING

PROPOSAL FOR SPECIAL EVENT

PREPARED BY
Jeff Martin

PREPARED FOR
Ralph Wright
March 06, 2026 | Confidential Order ID#: 10140-26-22A | City of Banning Page 1 of 8464 January 23, 2026

CITY OF BANNING
Ralph Wright
P.O. Box 998
Banning, CA 92220-0665
Pyrotechnics Close Proximity Display Fireworks Firecrackers Theatrical Effects Spark Machines Flames CO2 Cryo Jets Confetti/Streamers Lights Foggers Drones Light Animations Accents
Dear Ralph Wright,
Enclosed you will find three important documents that outline our Special Event proposal in detail:

1. Product Synopsis - Proposal: Provides the specifications of the devices and products to be used in your event.

2. Production Agreement: Presents the terms and conditions for the production of your event, including engagements, duties, and payment dates and amounts..

3. Scope of Work: Outlines the responsibilities and services to be provided by both Pyro Spectaculars, Inc. and City of Banning that will be necessary for the execution of the production of your event, along with insurance limits and requirements.

Pre-production: To confirm your program, kindly submit the fully executed Production Agreement to our office by the stipulated firm price date, Wednesday, April 15, 2026. Your initial payment is due at our office by Wednesday, April 15, 2026. The final payment is required by Friday, June 05, 2026. Please be advised that program availability, pricing, and show dates may be subject to alteration if the agreement and payments are not remitted promptly.

If you have any questions, or wish to discuss your program in detail, please do not hesitate to contact me or your dedicated Customer Service Representative, Luis Ruiz at (909) 355-8120.

Sincerely,
Jeff Martin
[email protected]
(909) 831-9985
Pyro Spectaculars, Inc.

March 06, 2026 | Confidential Order ID#: 10140-26-22A | City of Banning Page 2 of 8465

PYROTECHNIC PROPOSAL

CITY OF BANNING
SPECIAL EVENT | SATURDAY, JULY 04, 2026
$37,000.00
MAIN DISPLAY (1 ITEMS)

DEVICE NAME QTY TOTAL SHOTS
3" Designer Bombardment Shells 3 300
Main Display Totals 3 300
LOW LEVEL (5 ITEMS)

DEVICE NAME QTY TOTAL SHOTS
Emerald Line Multishot Device 2 208
Gold Line Multishot Device 6 600
Platinum Line Multishot Device 2 600
Ruby Line Multishot Device 1 25
Sapphire Line Multishot Device 2 98
Low Level Totals 13 1,531
GRAND FINALE (2 ITEMS)

DEVICE NAME QTY TOTAL SHOTS
Aerial Display Shells Multishot Device 1 100
3" Designer Bombardment Shells 36 180
Grand Finale Totals 37 280
📦 Total Items: 8 🔢 Total Quantity: 53 🎆 Total Shots: 2,111 📂 Product Types: 2 Product descriptions are for specification of product quality, classification, and value. Final product selections will be based on availability, suitability, and overall artistic style.

March 06, 2026 | Confidential Order ID#: 10140-26-22A | City of Banning Page 3 of 8466 PYRO SPECTACULARS, INC.

PRODUCTION AGREEMENT
This agreement and scope of work, hereinafter referred to as "Agreement," is made this ________ day of ______________________, 20________, by and between Pyro Spectaculars, Inc., a California corporation, hereinafter referred to as "Pyro," and City of Banning, hereinafter referred to as "Client." Pyro and Client are sometimes collectively referred to as "Parties" or individually as "Party."

SCOPE OF WORK

1. Engagement – Client hereby engages Pyro to provide to Client a production or series of productions that includes the following checked elements ("Production"), and Pyro accepts such engagement upon all of the promises, terms, and conditions hereinafter set forth ("Scope of Work"). The Production shall be substantially as outlined in the proposal from Pyro to Client dated January 23, 2026, attached hereto and incorporated herein by this reference.

2. Elements of the Production as described in the Proposal Pyrotechnics Theatrical Effects Drones / Other
☐ Close Proximity
☒ Display Fireworks
☐ Firecrackers
☐ Spark Machines
☐ Flames
☐ CO2 Cryo Jets
☐ Confetti/Streamers
☐ Lights
☐ Foggers
☐ Light Animations
☐ Accents
☐ Other

3. Fees, Interest, and Expenses – Client agrees to pay Pyro a fee of $37,000.00 USD ("Fee") plus permit and standby expenses for the Production as follows:

4. Pyro shall provide the following Services to Client:

5. Client shall provide the following to Pyro:

Time and Place – The Production(s) shall take place as follows:

Date Approx. Time Location
Saturday, July 04, 2026 09:00 PM Nicolet Middle School - Banning, City of a.

Pyro Services – Pyro shall provide all services, trained technicians, equipment, products, shipping, application for specific permits covering Pyro services only, insurance covering the Production, and the other things on its part to be performed, including preproduction services, (hereinafter, collectively, "Services") as more specifically set forth in this Production Agreement and Scope of Work for each Production.
b.

Expenses – Pyro shall pay all normal expenses directly related to the Production, including freight, insurance as specified herein, and qualified personnel to set up and perform the Production. Client shall pay all costs related to the Production not supplied by Pyro, including, but not limited to, those items outlined as Client's responsibility in this Agreement and Scope of Work. c.

Preproduction – Pyro shall provide preproduction Services and Costs for the Production as applicable, including advance acquisition of materials and products; design, engineering, programming, handling, storage, and maintenance of products, props, and systems; preparation of drawings, diagrams, listings, schedules, inventory controls, choreography, and computer code; picking, packing, labeling, staging, and loading of equipment, materials, and systems; transportation, and logistics and crew scheduling and support; explosive storage magazines with legally mandated distances, surfaces, security, housekeeping, and access controls; and necessary and appropriate vehicles, including legally mandated insurance and MCS90 explosives transportation coverage.
d.

Permits – Pyro shall make application only for specific fireworks related permits applicable to its Services only in the Production, including the to the local fire department and notices to FAA and USCG, if required. Client shall pay the costs of all permits in addition to the Fee.
e.

Site Arrangements – Client shall provide a suitable site ("Site") for the Production, security for the Site as set forth in Paragraph 8 hereof, access to the Site, any permission necessary to utilize the Site for the Production, and the other things on its part to be a.

March 06, 2026 | Confidential Order ID#: 10140-26-22A | City of Banning Page 4 of 8467 performed as more specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements are subject to PYRO's reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access, use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors.

On-Site Labor - All on-site labor costs, if any, not provided or performed by Pyro personnel, including, but not limited to, local union requirements, all Site security, Police and Fire Department standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, and clean-up crew. All these additional personnel and services shall be fully insured by and the sole responsibility of Client.
b.

Permitting - Coordination and any applicable event permitting with the local, state or federal government that may hold authority within the Site and Production venue other than permitting expressly provided by Pyro. Costs of all permits required for the presentation of the Production and the event as a whole. c.

Safety Zone - Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that Pyro is at the Site and the load site (if different) on the date(s) of the Production and all set-up and load-out dates, including land and water security to keep unauthorized people, vehicles, vessels, and aircraft from entering the Safety Zone.
d.

General Services - General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for Pyro personnel within the venue, secure parking for Pyro vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary. e.
f. On-Site Security – 24-hour on-site security for any time that pyrotechnic worksites are unattended by PYRO personnel.

GENERAL TERMS AND CONDITIONS

6. Proprietary Rights – Pyro represents and warrants that it owns all copyrights, including performance rights, to this Production, except that Pyro does not own Client-owned material or third-party-owned material that has been included in the Production, and as to such Client-owned and third-party-owned material, Client assumes full responsibility therefore. Client agrees that Pyro shall retain ownership of, and all copyrights and other rights to, the Production, except that Pyro shall not acquire or retain any ownership or other rights in or to Client-owned material and third-party-owned material and shall not be responsible in any way for such material.

If applicable, Client consents to the use of Client-owned material and represents that it has or will obtain any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production. Pyro reserves the ownership rights in its trade names that are used in or are a product of the Production. Any reproduction by sound, video or other duplication or recording process without the express written permission of Pyro is prohibited.

7. Safety – Pyro and Client shall each comply with applicable federal, state and local laws and regulations and employ safety programs and measures consistent with recognized applicable industry standards and practices. At all times before and during the Production, it shall be within Pyro's sole discretion to determine whether or not the Production may be safely discharged or continued. It shall not constitute a breach of this Agreement by Pyro for fireworks and confetti to fail or malfunction, or for Pyro to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of Pyro.

8. Security – Client shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals other than those authorized by Pyro from entering an area to be designated by Pyro as the area for the set-up and discharge of the Production, including a fallout area satisfactory to Pyro where the fireworks and confetti may safely rise and any debris may safely fall. Pyro shall have no responsibility for monitoring or controlling Client's other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor facilities associated with the Production.

9. Cleanup – Pyro shall be responsible for the removal of all equipment provided by Pyro and clean up of any live pyrotechnic debris made necessary by PYRO. Client shall be responsible for any other clean up which may be required of the Production or set-up, discharge and fallout areas including any environmental clean-up.

10. Permits – Pyro agrees to apply for permits for the firing of pyrotechnics only from the Local Fire Department, FAA, and USCG, if required. Client shall be responsible for any fees associated with these permits including standby fees. Client shall be responsible for obtaining any other necessary permits, paying associated fees, and making other appropriate arrangements for Police Departments, other Fire Departments, road closures, event/activity or land use permits or any permission or permit required by any Local, Regional, State or Federal Government.

11. Insurance – Pyro shall at all times during the performance of services herein ensure that the following insurance is maintained in connection with Pyro's performance of this Agreement: (1) commercial general liability insurance, including products, completed operations, and contractual liability under this Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance. Such insurance is to protect Client from claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from Pyro's performance of this Agreement, only. The types and amounts of March 06, 2026 | Confidential Order ID#: 10140-26-22A | City of Banning Page 5 of 8468 coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from Client's negligence or willful conduct or from failure of Client to perform its obligations under this Agreement, coverage for which shall be provided by Client.

The coverage of these policies shall be subject to reasonable inspection by Client. Certificates of Insurance evidencing the required general liability coverage shall be furnished to Client prior to the rendering of services hereunder and shall include the following: that the following are named as additionally insured: Client; Sponsors, Landowners, Barge Owners, if any; Permitting Authorities, with respect to the operations of Pyro at the Production; Subcontractors or providers, if any, not covered under their own policies of insurance required hereby

12. Indemnification – Pyro represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers, and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, Pyro shall indemnify, hold harmless, and defend Client and the additional insureds from and against any claims, actions, damages, liabilities and expenses, including but not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of Pyro, their officers, agents, contractors, providers, or employees. Client shall indemnify, hold harmless, and defend Pyro from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of Client, its officers, agents, contractors, providers, or employees. In no event shall either party be liable for the consequential damages of the other party.

13. Limitation of Damages for Ordinary Breach – – Except in the case of bodily injury and property damage as provided in the insurance and indemnification provisions of Paragraphs 11 and 12, above, in the event Client claims that Pyro has breached this Agreement or was otherwise negligent in performing the production provided herein Client shall not be entitled to claim monetary damages from Pyro beyond the amount Client has paid to Pyro under this Agreement, and shall not be entitled to claim or recover any consequential damages from Pyro including, without limitation, damages for loss of income, business or profits.

14. Force Majeure – Client agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of Pyro and Pyro which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of any event for which Client has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Production. If, for any such reason, Pyro is not reasonably able to safely discharge the Production on the scheduled date, or at the scheduled time, or should any event for which Client has purchased the Production be canceled as a result of such causes, Client may (i) reschedule the Production and pay Pyro such sums as provided in Paragraph 15, or (ii) cancel the Production and pay Pyro such sums as provided in Paragraph 16, based upon when the Production is canceled.

15. Rescheduling Of Event – If Client elects to reschedule the Production, Pyro shall be paid the original Fee plus all additional expenses made necessary by rescheduling plus a 15% service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5 days of receipt. Client and Pyro shall agree upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be rescheduled to a date, or for an event, that historically has involved a fireworks or confetti production. The Production shall not be rescheduled between June 15th and July 15th unless the original date was July 4th of that same year, or between December 15th and January 15th unless the original date was December 31st of the earlier year unless Pyro agrees that such rescheduling will not adversely affect normal business operations during those periods.

16. Right To Cancel – Client shall have the option to unilaterally cancel the Production prior to the scheduled date. If Client exercises this option, Client agrees to pay to Pyro, as liquidated damages, the following percentages of the Fee as set forth in the Scope of Work, Paragraph 3.1. 1) 50% if cancellation occurs 30 or more days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter. In the event Client cancels the Production, it will be impractical or extremely difficult to fix actual amount of Pyro's damages. The foregoing represents a reasonable estimate of the damages Pyro will suffer if Client cancels the Production.

17. No Joint Venture – It is agreed, nothing in this Agreement or in Pyro's performance of the Production shall be construed as forming a partnership or joint venture between Client and Pyro. Pyro shall be and is an independent contractor with Client and not an employee of Client. The Parties hereto shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not expressly provided for herein.

18. Applicable Law – This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California. It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. In the event that the scope of the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are enforceable.

19. Notices – Any Notice to the Parties permitted or required under this Agreement may be given by tracked overnight courier requiring a signature which is effective the next business day, or by mailing such Notice in the United States Mail, postage prepaid, first class, addressed as follows:

March 06, 2026 | Confidential Order ID#: 10140-26-22A | City of Banning Page 6 of 8469 Pyro – Pyro Spectaculars, Inc., PO Box 2329, Rialto, CA, 92377, US, or for overnight delivery to 3196 N. Locust, Rialto, CA, 92377, US. With an email copy to General Counsel: [email protected].

Client – City of Banning, P.O. Box 998, Banning, CA, 92220-0665, US.

20. Modification of Terms – All terms of this Agreement are in writing and may only be modified by written agreement of both Parties hereto. Both Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only.

21. Severability – If there is more than one Client, they shall be jointly and severally responsible to perform Client's obligations under this Agreement. This Agreement shall become effective after it is executed and accepted by Client and after it is executed and accepted by Pyro at Pyro's offices in Rialto, California. This Agreement may be executed in several counterparts, including faxed and emailed copies, each one of which shall be deemed an original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and assigns.

22. Price Firm - EXECUTED AGREEMENT MUST BE DELIVERED TO Pyro BY Wednesday, April 15, 2026. See Scope of Work, paragraph 3 b).
[Signatures on next page]
March 06, 2026 | Confidential Order ID#: 10140-26-22A | City of Banning Page 7 of 8470 Price Firm Date Wednesday, April 15, 2026
EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.

See PRICE FIRM conditions, paragraph 3b and paragraph 22, above.

Pyro Spectaculars, Inc.

BY:
_________________________________________________________________ PRINT NAME: Matt Gilfillan
ITS: Vice President
DATE:
_________________________________________________________________ SHOW PRODUCER: Jeff Martin
City of Banning
BY:
_________________________________________________________________ ITS:
_________________________________________________________________ PRINT NAME:
_________________________________________________________ DATE:
_________________________________________________________________ March 06, 2026 | Confidential Order ID#: 10140-26-22A | City of Banning Page 8 of 8 3/6/26
471

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Yvette Vaca, Administrative Sergeant
Vincent Avila, Chief of Police
MEETING DATE: March 24, 2026
SUBJECT: Consideration of Resolution 2026-55, Approving the Purchase of Electronic Citation and Collision Reporting Software from Crossroads Software, Inc. Utilizing Office of Traffic Safety (OTS) Traffic Records Improvement Project (TRIP) Grant Funds
RECOMMENDATION:

Approval of Resolution 2026-55
BACKGROUND:

The City of Banning Police Department was awarded a Traffic Records Improvement Project (TRIP) Grant from the California Office of Traffic Safety (OTS) in the amount of $78,000 for Fiscal Year 2025– 2026. The purpose of the TRIP grant is to improve the collection, management, and reporting of traffic records through the use of modern electronic reporting systems.

Currently, the Banning Police Department relies on paper-based processes and limited digital tools for traffic citation issuance and traffic collision reporting. Implementing an electronic citation and reporting system will improve efficiency, reduce manual data entry, enhance officer safety by decreasing roadside time, and improve the accuracy and timeliness of traffic records submitted to state and local partners.

The Police Department issued a Request for Proposals (RFP) for electronic citation software and evaluated responses from multiple vendors. Following evaluation of the proposals based on qualifications, pricing, experience, references, methodology, and value-added services, Crossroads Software, Inc. received the highest evaluation score.

JUSTIFICATION:

Crossroads Software, Inc. provides an electronic citation and collision reporting system designed specifically for California law enforcement agencies and is fully compatible with the City’s existing Sun Ridge Systems Records Management System (RIMS), the California Highway Patrol SWITRS crash reporting system, and the Riverside County Superior Court citation processing system. The system will allow officers to issue electronic citations and complete traffic collision reports in the field using department-issued mobile devices, improving efficiency, reducing manual data entry, and enhancing the accuracy and timeliness of traffic records.

Crossroads Software is widely utilized by law enforcement agencies throughout Southern California, including nearby agencies such as Cathedral City Police Department, Riverside County Sheriff’s Office, Indio Police Department, Desert Hot Springs Police Department, Palm Springs Police Department, and Corona Police Department. The use of this system by neighboring agencies demonstrates its reliability, 472
regional compatibility, and proven integration with the same systems currently used by the City of Banning.

Additionally, Crossroads Software offers a one-time site license purchase rather than an annual subscription model, providing long-term cost savings to the City while ensuring seamless integration with existing systems.

FISCAL IMPACT:

The total cost for the purchase, installation, and implementation of the Crossroads electronic citation and collision reporting system is $64,200.

Funding for this purchase will be provided entirely through the Office of Traffic Safety (OTS) TRIP Grant, which awarded the City of Banning $78,000 for traffic records improvement projects.

Staff is requesting appropriation amounting to $78,000 to the following accounts:
001-2200-421.90-49 (capital expenditure\software) $ 64,200, 001-2200-421.89-48 (noncapitalized assets\computer hardware) $ 13,800.

Appropriations will be offset by grant funding with no impact to the General Fund.

ATTACHMENTS:

1. Resolution_2026-55_Purchase Crossroads Software E-Citation.docx

2. Crossroads_Proposal.pdf

3. Crossroads_Price_Proposal.pdf
473
Resolution 2026-55

RESOLUTION 2026-55

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

APPROVING THE PURCHASE OF ELECTRONIC CITATION AND COLLISION REPORTING SOFTWARE FROM CROSSROADS SOFTWARE, INC. UTILIZING

OFFICE OF TRAFFIC SAFETY (OTS) TRAFFIC RECORDS IMPROVEMENT PROJECT (TRIP) GRANT FUNDS
WHEREAS, the City of Banning Police Department was awarded a Traffic Records Improvement Project (TRIP) Grant from the State of California – Office of Traffic Safety (OTS) in the amount of $78,000 to improve the quality, accessibility, and reporting of traffic records; and
WHEREAS, the TRIP Grant program allows for the purchase and implementation of electronic citation and collision reporting systems to improve data accuracy, accessibility, and compatibility with state traffic safety reporting systems; and WHEREAS, the Banning Police Department issued a Request for Proposals for electronic citation and collision reporting software and evaluated vendor submissions based on qualifications, experience, pricing, methodology, and overall value; and WHEREAS, Crossroads Software, Inc. received the highest evaluation score and provides a system compatible with the City’s existing Records Management System (RIMS), the California Highway Patrol Statewide Integrated Traffic Records System (SWITRS) system, and the Riverside County Superior Court citation processing system; and
WHEREAS, the total cost of the software purchase, implementation, and training is $64,200, which will be fully funded through the Office of Traffic Safety TRIP Grant.

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

SECTION 1. The City Council approves the purchase of electronic citation and collision reporting software from Crossroads Software, Inc. in the amount of $64,200 utilizing Office of Traffic Safety Traffic Records Improvement Project (TRIP) Grant funds.

SECTION 2. The City Council authorizes the City Manager, or designee, to execute any agreements, documents, or purchase orders necessary to complete the acquisition and implementation of the software.

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

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

PASSED, APPROVED AND ADOPTED this 24th day of March, 2026. 474
Resolution 2026-55

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
475
Resolution 2026-55

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-55, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 24th day of March, 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
476
Resolution 2026-55

Attachment A
(Crossroads Proposal)
477
Resolution 2026-55

Attachment B
(Crossroads Price Proposal)
478

Proposal for the eCitation System
Software Project

for

City of Banning
(RFP-25-124)
February 18, 2026

479
Proposal
Crossroads Software understands the requirements of the project and our proposed solution will guarantee a meaningful reduction in time that officers take to create a traffic citation, write traffic collision reports, create tow forms and perform analytics. The Crossroads System increases efficiency, effectiveness and timeliness in capturing driver information, violation codes, assigning court information and taking officer notes. Officers can efficiently produce cited individuals with the citation hard copies, and quickly print driver exchange forms for parties involved in collisions. Citations are uploaded automatically and electronically to the courts and completed traffic collision reports are automatically uploaded to the CHP SWITRS System. Citations and Collisions are exported automatically to the RIMS RMS System in use by the City of Banning. These processes put an end to the paper citation process within the department. The Crossroads Analytics application currently in use at the city will be automatically populated by data created with the e-Citation and Collision Report Writing System. The Analytics application will be updated to the newest version which provides in-depth analysis capability for doing searches, summarizing data and providing accurate collision and citation stats for the City.

Implementation Plan
Consultant will supply the following and they will provide the most recent version of software at the time of delivery.

Figure 1: Project Deliverables
Project Deliverables
Description Quantity
Citation Writing Software System (Desktop and Mobile) 1 site license Collision Report Writer Software System (Desktop and Mobile) 1 site license CHP SWITRS Upload Application 1 site license
Crossroads CHP 180 Tow Form Module (Desktop and Mobile) 1 site license Citation Court Export System 1 site license
RMS Citation Data Export Module (to RIMS) 1 site license RMS Collision Data Export Module (to RIMS) 1 site license Analytics Application Update to Latest Version 1 site license Installation Services by Crossroads 1 site license
Training for e-Citation System Use 1 Session
Training for Collision Report Writer System Use 1 Session Training for Analytics Application Use 1 Session
480
Consultant will provide the following software to the agency:

1.2.2 Citation Writing System
The Citation Writing System includes the ability to write a citation, issue a citation to a citizen, and manage the citation after issuance. Citations are California Judicial Council compliant.

1.2.3 Collision Report Writer System
The Collision Report Writer System is based on the CHP’s Collision Investigation Manual (CIM). Both mobile and desktop applications allow users to complete the CHP 555 form. The desktop application will allow the report to be sent through a review process.

1.2.4 Interface with the California Highway Patrol (CHP) California Crash Reporting System (CCRS, formerly SWITRS)
The Interface with CHP CCRS, hereinafter “CHP Upload”, will electronically send data daily to CHP’s system. The City must execute a memorandum of understanding (MOU) directly with CHP before the interface can be established; Consultant will facilitate the execution of the MOU between the police agency and CHP. Records sent to CHP must meet CHP’s validation requirements. The police agency may determine configuration of the interface to include withheld reports and delay before sending them to CHP.

1.2.5 Installation
Consultant will provide a dedicated project manager to oversee the project, including communicating with external vendors and stakeholders for any interfaces, and work with the City project manager to execute the project. Consultant will coordinate with the City stakeholders as needed to arrange for deliverables, installation, and testing of the various parts of the project.

1.2.6 Training
Consultant will provide a virtual training session for each application using virtual meeting software (Teams, Zoom, etc.). The sessions may be recorded for future training sessions.

Specific details about the training sessions are listed in section 1.6.

1.2.7 Analytics Application for Citations and Collisions The Analytics Application is used to query collision and citation data. The City will receive the latest version and have their system reconfigured to access the new project backend database.

1.2.10 Crossroads DataShare
The Crossroads DataShare Module will be installed to upload collision data to the City Traffic Engineering Department with personally identifiable information (PII) removed.

Redacted PII will include drivers license numbers, addresses, vehicle license numbers, and names.

1.2.11 Records Management System Interface
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The collision and citation data entered in the Crossroads systems will be exported in the format specific to the police agency’s records management system vendor (RIMS) requirements. The files are placed in a drop folder for the RMS vendor to process.

1.2.12 Software License Provisions

1.1.1 Crossroads Software, Inc. Application Licenses
Crossroads Software, Inc. hereby grants to the following licenses to the City:
 One (1) site license for the e-Citation software,
 One (1) site license for the Collision Report Writing software,  One (1) site license for the CHP Upload application,
 One (1) site license for the Records Management System interfaces for collisions and citations,
 One (1) site license for the Citation Court Upload software,  One (1) site license for the Crossroads CHP 180 Tow Form Module,  One (1) site license for the Analytics Application licenses, The software license allows the City to use the software on multiple computers located in a single office or department within a contiguous site, or multiple offices, departments and sites. The software license entitles the City to one copy of the software in machine-readable form for backup purposes only.

1.1.2 Term of the License
This license is effective until terminated. The City may terminate this license at any time by destroying the licensed software and related documentation and all copies thereof. If the City fails to comply with any provisions of the SOFTWARE LICENSE AGREEMENT (Exhibit D), Crossroads Software, Inc. must give thirty days’ notice to the City that they have failed to comply with any provisions of the SOFTWARE LICENSE AGREEMENT. Upon termination of the SOFTWARE LICENSE AGREEMENT the non-compliant City must destroy the software and related documentation and all copies thereof.

1.2 Project Management and Implementation Services
The City will designate a project manager for the implementation of the Citation and Collision Report Writing System. The City’s project manager shall be responsible for review, analysis, and acceptance of Consultant’s performance and the coordination of project personnel, equipment, vehicles and facilities, and may issue all consents, approvals, directives and agreement on behalf of the City called for by this agreement except as otherwise expressly provided. Kelly Child, Crossroads Software Inc. is the project manager for Crossroads Software, Inc. She will be directly responsible for the administration and technical direction of Consultant’s project activities to include project management, 482
installation, implementation, support services, software development, and system setup.

Consultant will have access to communicate with the City project manager to coordinate the execution of the project.

1.4.1 Responsibilities of the City
The specific duties of the City in the implementation of the Crossroads System are:

1.2.1.1 Provide the Consultant with access to the City for installation, as needed.

1.2.1.2 Provide traffic citation, documents, and sample forms.

1.2.1.3 Provide court information such as name, addresses, schedules, etc.

1.2.1.4 Establish a workstation with a VPN or other type of remote connection, with network access to the data server.

1.2.1.5 Review and approve screen layouts and forms.

1.2.1.6 Review, evaluate, and field test each installed module prior to acceptance.

1.2.1.7 Facilitate the implementation of the interface with the CHP SWITRS database system.

1.2.1.8 Facilitate training sessions.

1.2.2 Responsibilities of Consultant
The responsibilities of the Consultant’s project manager will include acting as a primary contact for City personnel, scheduling for installation and training, overseeing execution of installation and training, troubleshooting, and any other functions requiring implementing the Consultant’s software at the City site. The specific duties of the Consultant in the implementation of the System are:
483

1.2.2.1 Create forms customized to the department

1.2.2.1.1 Develop and test citation sync module

1.2.2.1.2 Create and install eCitation software, Collision Report Writing software, and Analytics software

1.2.2.1.3 Provide training and deliver module documentation

1.2.2.2 Contact the California Highway Patrol and establish an account for the City

1.2.2.2.1 Support City to execute an MOU with CHP

1.2.2.2.2 Send data to CHP’s test environment

1.2.2.2.3 Ensure data is received in the production environment

1.2.2.3 Contact California Court – Riverside County court database vendor and receive the compatible exchange file format for transferring data from the Crossroads Software system to the court’s database management system.

1.2.2.3.1 Develop and test exchange file and data transfer from Collision module exported to the CHP SWITRS database
system.

1.2.2.3.2 Provide data interface training and documentation

1.2.2.4 Contact City’s RMS Vendor and receive the compatible exchange file format for transferring data from the Crossroads Software system to the RMS database management systems.

1.2.2.4.1 Develop and test exchange file and data transfer from Citation and Collision modules exported to the RMS vendor’s database systems

1.2.2.4.2 Ensure data is received in the production environment

1.2.3 Change Orders
Either party may request changes to the Statement of Work at any time. Since a change could affect price, schedule, or other terms, the project managers must mutually agree in writing to approve each change before amending this Statement of Work. When the Consultant’s price or completion schedule is affected, the contract shall be amended accordingly in writing and incorporated into this Statement of Work.

1.2.4 Resolution of Disputes
The City and Consultant will exercise their best efforts to promptly negotiate and settle any controversy or claim arising out of or in connection with the agreement. The parties agree first to meet in a timely manner in order to reach a resolution. In the event that any dispute 484
cannot be so settled, it shall be settled by arbitration administered by the American Arbitration Association. The decision in writing of the Arbitrator appointed by the American Arbitration Association shall not be binding on the parties.

1.2.5 System Acceptance
System acceptance will occur in the following phases after training and functional system tests:
 Certification of eCitation system.
 Certification of output of a citation data exchange file from the eCitation system for input into the court’s database management system
 Certification of the Collision Report Writing system.  Certification of output of collision and citation records to the RMS vendor  Certification of output of collision records to the CHP CCRS system  Final Total System Acceptance
Each functional attribute of the software, including system software, operating system, utilities, interfaces, system administration procedures will be tested. The Consultant will verify that all transactions with external systems are performing as specified. Within fourteen (14) days after completion of functional systems testing, the Consultant shall provide a written report to document completion of the test and to indicate test results, problems, solutions and a schedule to implement such solutions.

1.2.5.1 Functional Testing – eCitation software, Collision Report Writing software, and Analytics application
After installing each system software module and performing appropriate diagnostic tests, Consultant will certify to the City that the system is functioning correctly. The City will request specific demonstrations of the system’s readiness.

Functional testing by the end users will start after the users have been trained and the software is in a live environment. The testing period will be fourteen (14) days for each software module. Functional testing will include field-testing, syncing, infield printing, and printing at the desktop.

1.2.5.2 Functional Testing – Data Integration to RMS Vendor The Consultant will create an export file for the traffic citation and collision data integration with the Records Management System (RMS). Upon completion of the traffic data integration with the RMS’s system, performing appropriate tests, the Consultant will certify to the City that the data integration to the RMS is completed.

The RMS vendor will test the interface for fourteen (14) days to determine if the traffic records are being exported and delivered as defined. 485

1.2.5.3 Functional Testing – Data Integration to California Superior Court – Riverside County Database Management System
The Consultant will create an export file for the traffic citation data integration with the California Superior Court - Riverside County case management systems. Upon completion of the traffic data integration with the court’s system, performing appropriate tests and upon training the court staff in its use, the Consultant will certify to the City that the data integration to the court is completed. California Superior Court – Riverside County project personnel will test the interface for fourteen (14) days to determine if the traffic records are being exported and delivered as defined.

1.2.5.4 Functional Testing – Data Integration to CHP CCRS Database Management System
The Consultant will create an export file for the traffic collision data integration with the CHP CCRS database management system. Upon completion of the traffic data integration with the CHP’s system and performing appropriate tests, the Consultant will certify to the City that the data integration is completed. CHP personnel will test the interface to determine if the traffic records are being exported and delivered as defined.

1.2.5.5 Final System Performance Testing
The Consultant and City will then perform final system performance testing.

Crossroads Software, Inc. will perform a functionality test that will ensure the functional operation of the software, the units, printers, and other equipment and the syncing and data transfer interfaces. Upon completion of the final total system testing, the consultant will certify that the system has passed the final system test criteria. Final system test criteria include:
 Functionality System Test (software, hardware, and interfaces)  Reliability Test (system “uptime”)
 Performance Test (data input, searches, report generation, response time) The Consultant shall provide written certification to the City’s project manager that the installation, training, and testing phase of the contract has been fully completed and all requirements have been met.

1.5 Maintenance and System Support

1.5.1 Software Maintenance Plan and System Support
Consultant will provide the City with technical support, maintenance, and upgrades on an ongoing basis. Standard technical support consists of telephone, email and online support from 08:00 A.M. to 5:00 P.M. PST, Monday through Friday. 486

1.6 Training
The following training is provided by Crossroads Software, Inc. as part of the project deliverables outlined above.

1.6.1 eCitations – End User Training
Consultant will provide the City with one (1) training session. This session will deal with the use of mobile devices and the writing and managing of citations. Training sessions will be conducted online using virtual meeting software and can be recorded for future use by the agencies.

1.6.2 Collision Report Writer – End User Training
Consultant will provide the City with one (1) training session. The session will cover the use of the Report Writer. Training sessions will be conducted online using virtual meeting software and can be recorded for future use by the agencies

1.6.3 Analytics Application – End User Training
Consultant will provide the City with one (1) training sessions. This session will cover the use of the Analytics System to run queries for both collisions and citations. Training sessions will be conducted online using virtual meeting software and can be recorded for future use by the agencies

1.6.4 System Maintenance and Administration Training
Consultant will provide the City with one (1) training session. The sessions will cover the administration and system maintenance of the Collision, eCitation, and Analytics systems to a designated group of system support staff at the City. Training sessions will be conducted online using virtual meeting software and can be recorded for future use by the agencies.

Project Timeline
Week 1: Project Preparation:

Collect deliverables from police department, Agency to review proposed MOU from CHP and route for signatures within agency/city.

Week 2: Install Backend Database:

Consultant will coordinate with the city to install the backend database on the city designated servers.

Week 3: Coordinate with Court
487
Consultant will coordinate implementation of the citation upload module to the Riverside Court Week 4: Coordinate with CHP
Consultant will coordinate the upload module for Collision Data to the CHP SWITRS System Week 5: Prepare Configuration Items and install in city database.

Consultant will compile the system configuration items and install on the city back-end database Week 7: Install test modules and configure on a workstation and iPhone(s) Week 8: Test and finalize Exports to Court, RMS and CHP Week 10: Create Installation Files for the city to install on desired workstations and iPhones Week 12: Training:

Crossroads will train the agency in the use of all software modules.

Total Project Duration: 12 weeks.

Company Information
KAM Software Technologies, DBA Crossroads Software, Inc. 1981 Travor Ln
Corona, CA 92881
(714) 990-6433
www.crossroadssoftware.com
KAM Software Technologies is a California “S” Corporation Contact Person:

Jeff Cullen
[email protected]
(714) 420-2907
The company has never been involved in any litigation, mediation, or arbitration and has never had any disciplinary actions imposed. The company has never filed for bankruptcy at any time.

Personnel – Crossroads Software Project Team
Employees working on the proposed Banning eCitation System Project are listed below. Note that because Crossroads provides software as a site license, project hours are not tracked per staff member that we allocate to each project. We do not charge clients for staff time by the hour. We dedicate whatever hours are needed for each staff member to accomplish the project successfully. 488

Kelly Child, MPA, Project Manager
With more than 15 years of overseeing projects, Kelly has successfully completed more than 100 eCitation and Collision Report Writing system projects of varying sizes with Crossroads Software, Inc. With technical support experience with Crossroads’ suite of software, Kelly provides detailed technical knowledge to her projects.

Michael Kalberg, Lead Software Developer
Michael has worked with Crossroads Software, Inc. for more than 25 years developing eCitation software and court and Records Management Systems (RMS) interfaces. His leadership focuses on making software that is secure, resilient, and easy for end users to use.

Catherine Scott, Collision Report Writer Software Developer With experience ranging from native desktop applications to coding mobile applications in .NET MAUI, Cat provides swift and agile coding based on client needs. Cat works closely with Crossroads’ support staff to understand and solve issues in a timely manner.

Andrea Fieri, Advanced Support
Andrea has supported Crossroads software products for more than 20 years. She specializes in managing data sets in SQL databases and understanding all the Crossroads applications and infrastructure in detail to narrow down issues and report them to the Crossroads’ development team.

Christopher Kang, Support
Chris brings in-depth knowledge of all Crossroads’ software and infrastructure. He brings experience in bringing a methodical approach to narrowing down and solving problems.

Christopher’s primary role with the project will include preparing installation files and establishing the servers hosted by Crossroads.

Jeff Cullen, Traffic Analytics Expert and Training
As the founder of Crossroads Software, Inc. Jeff has worked tirelessly for 33 years to ensure that transportation departments and police departments have the tools they need to reduce the physical, emotional, and financial impacts of traffic collisions. Before founding Crossroads Software, Inc. in 1992, Jeff designed roadways with a traffic consultant to make roadways safer. His entertaining approach to training ensures learners of the system stay engaged and retain as much knowledge as possible.

Crossroads Software Inc. has no past or current business or personal relationships with any current Banning elected official, appointed official, city employee or family member of any current Banning elected official, appointed official, city employee.
489
References
Crossroads Software has recently installed similar systems to the proposed e-Citation System for the City of Banning for the following agencies:

City of Brawley
400 Main Street
Brawley, California 92227
Contact Name: Commander John Tang
Phone Number: (760) 351-7013
email address: [email protected]
Project Description: e-Citation System, Collision Report Writer, CHP Upload, RMS Exports, Court Export Project Dates: February to October 2024
City of Lincoln
770 7th Street
Lincoln, California 95648
Contact Name: Sgt. Brett Schneider
Phone Number: (916) 645-5150
email address: [email protected]
Project Description: e-Citation System, Parking Citation System, CHP Upload, RMS Exports Project Dates: November 2024 to January 2025; December 2025 to present City of Lodi
215 W. Elm Street
Lodi, California 95240
Contact Name: Sgt. Daniel Bristow
Phone Number: (209) 333-6872
email address: [email protected]
Project Description: e-Citation System CHP 180 Tow Form Module, CHP Upload, RMS Exports Project Dates: January 2024 to October 2024
490
Scope of Work
The Scope of Work entails delivery, installation, configuration, training and support for each of the project deliverables.
 Crossroads will provide the sample MOU for City to coordinate execution of the agreement with the CHP for uploading collision reports to the CHP. Crossroads will obtain configuration items from the City in order to prepare the system for delivery and configure the installation of the systems for use.
 Crossroads will coordinate with additional stakeholders for data exports to the CHP, Court, RMS and DataShare (Traffic Engineering)
 Crossroads will install and test the Citation Writing Software, Citation Desktop Management App (CCM), the Collision Report Writer (Desktop and Mobile), CHP 180 Tow Form Module, Sync Service Application, Analytics Application, Court Citation Export Application, CHP Collision Report Export Application, RMS Export Applications and DataShare export application.  Crossroads will Provide training to the City for use in the Citation Writing Software, Collision Report Writer, CHP 180 Tow Form Module, and Analytics Application.  Crossroads will provide ongoing maintenance and support of the installed applications.

The software modules are compatible with the City of Banning Police Department mobile work iPhones.

Desktop modules are compatible with Windows 10 Pro and with Windows 11.

Crossroads Software does not sell printer hardware and the cost for printers and supplies is not included in this proposal. Crossroads Software will provide a highly recommended hardware vendor for this project.
491

EST IMAT E
KAM Software Technologies DBA
Crossroads Software Inc.
6700 N Linder Rd Ste 156 PMB 351
Meridian, ID 83646-6608
[email protected]
+1 (714) 990-6433
Banning (PD)
Bill to
Banning Police Department
125 ERamsey St
Banning, CA 92220
Estimate details
Estimate no.: 1060
Estimate date: 12/22/2025
Expiration date: 12/22/2026
Remittance Address: Pleasesee above.
# Product or service Description Qty Rate Amount

1. IOS Citation System IOS Citation System (Mobile) - Site License 1 $28,500.00 $28,500.00

2. Syncing Module SyncSoftware for Citation System 1 $3,900.00 $3,900.00

3. Desktop Citation Management App Desktop Citation Management App (CCM) 1 $3,900.00 $3,900.00

4. Court Export Module Court Export Module
One-time
1 $2,200.00 $2,200.00

5. RMS Export Module-Citation Interface toOutput Citation Records toRMS (RIMS)
One-time
1 $6,900.00 $6,900.00

6. Collision Report Writer - Mobile Crossroads Report Writer for collision reporting (mobile) - site license (Included in countywide
project, update tothe latest version)
1 $0.00

7. CHP 180 Tow Form (Desktop) CHP 180 Tow Form Application (Desktop) -Site License
1 $4,900.00 $4,900.00

8. RMS Export Module-Collision Interface toOutput Collision Records toRMS (RIMS)-One-time
1 $6,900.00 $6,900.00

9. CHP Upload Interface toUpload Collision Report Data and Documents tothe CHP SWITRS System
1 $24,800.00 $24,800.00

10. Analytics Software License-Collision/Citation Crossroads Collision and Citation Analytics Program (included in countywide project,
update tothe latest version)
1 $0.00 $0.00
492

11. Project Management and Training Project Management (dedicated PM) and Training (via on demand training videos)
1 $300.00 $300.00

12. Maintenance and Support (twoapplications) Annual Maintenance and Support (includes upgrades tonew versions as they become
available)
1 $4,800.00 $4,800.00

13. Installation and Training Installation and Training (One training session - using remote login)
1 $600.00 $600.00

14. Agency Discount Agency Discount (honoring prior cost proposal) 1 −$23,500.00 −$23,500.00 Total $64,200.00
Expiry date 12/22/2026
Accepted date Accepted by
to k e n =
493

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Lisa Rossi, Human Resources Director
Lisa Rossi, Human Resources Director
MEETING DATE: March 24, 2026
SUBJECT: Consideration of Resolution 2026-41, Amending the Classification and Compensation Plan, Classification Change (Police Corporal and Police Sergeant)
RECOMMENDATION:

Adopt Resolution 2026-41
BACKGROUND:

It is necessary to amend the City’s Classification & Compensation Plan from time to time to maintain a current plan that reflects budget amendments, organizational structure, and department needs.

Past City Council resolutions have identified the necessity to maintain a current Classification & Compensation Plan that reflects the nature of work and organizational structure, that the plan is updated to reflect both market changes and appropriate compensation for work performed.

JUSTIFICATION:

To ensure the Banning Police Department maintains the highest level of professional leadership and operational readiness, the following updates align the minimum requirements for the ranks of Corporal and Sergeant with the established standards of the California Commission on Peace Officer Standards and Training (POST) and regional best practices. Our standards are consistent with neighboring agencies such as Rialto, Beaumont, and San Bernardino, which already utilize similar specific POSTcertified benchmarks for their supervisory ranks.

The current minimum qualifications for the Police Corporal (Job Code 2040), Salary Grade P75, require two (2) years of patrol officer experience with a California law enforcement agency possessing a valid POST certification. Staff proposes revising the minimum qualifications to require three (3) years of patrol officer experience with a POST-certified California law enforcement agency, in addition to completion of fifteen (15) semester units from an accredited college or university.

The current minimum qualifications for the Police Sergeant (Job Code 2030), Salary Grade P82, require three (3) years of patrol experience as a police officer with a POST-certified California law enforcement agency. In addition, applicants must possess, at the time of application and maintain throughout employment, a State of California Commission on Peace Officer Standards and Training (POST) Intermediate Certificate. Staff proposes revising the minimum qualifications to require five (5) years of patrol officer experience with POST-certified California law enforcement agency and certification 494
requirement for the Police Sergeant classification to require possession and maintenance of a State of California Commission on Peace Officer Standards and Training (POST) Advanced Certificate at the time of application and throughout employment.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

1. Resolution_2026-41 Class and Comp - Classification Change (pollce).docx

2. Tentative Police Corporal.pdf

3. Tentative Police Sergeant.pdf
495
Resolution 2026-37

RESOLUTION 2026-41

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

AMENDING THE CLASSIFICATION & COMPENSATION PLAN FOR THE CITY OF BANNING

TO CHANGE THE POSITION CLASSIFICATION FOR THE POLICE CORPORAL AND POLICE

SERGEANT
WHEREAS, it is necessary to amend the City’s Classification & Compensation Plan from time to time to maintain a current plan that reflects the nature of work, organizational structure, or otherwise; and
WHEREAS, staff would like to change the Police Corporal and Police Sergeant job specifications to update work experience and education. This will provide a better opportunity to hire qualified individuals into the promotional opportunities; and WHEREAS, changes to job descriptions, job titles, and/or pay ranges require City Council approval.

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

SECTION 1. The City Council approves changing the Police Corporal and Police Sergeant job classifications for Fiscal Year 2025-26.

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

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

PASSED, APPROVED AND ADOPTED this 10th day of March, 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning
496
Resolution 2026-37

APPROVED AS TO FORM:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney LLP
497
Resolution 2026-37

CERTIFICATION:

I, ____________________, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-41, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of March, 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
498
Resolution 2026-37

Exhibit A
Police Corporal Job Description
499
Resolution 2026-37

Exhibit B
Police Sergeant Job Description
500
PSPC City of Banning, California

CITY OF BANNING, CALIFORNIA

Police Corporal
Job Code: 2040

FLSA [ ] Exempt [ x ] Non-Exempt
__________________________________________________________________________ JOB DEFINITION: Under general supervision, performs a variety of duties associated with the enforcement of municipal, state and Federal laws, investigation of criminal activity, traffic enforcement, collision investigation and field training. Performs supervisory duties in the absence of the Police Sergeant, including performing a variety of duties associated with providing supervision, training and equipment necessary for subordinate staff to complete assignments with the Police Department.

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

REPRESENTATIVE DUTIES: Participates in the enforcement of Federal, state and local laws and implements and enforces Department policies and procedures and participates in the operations of the Police Department. Responds to calls for service of criminal activities/civil complaints. Gathers evidence and verifies information pertinent to the investigation and resolution of a variety of criminal incidents. As required, preserves/documents crime scene using a variety of technical equipment, techniques, and procedures. Assists in the overall direction of patrol investigations. Conducts traffic collision investigations.

Secures/investigates crime scenes. Reviews criminal cases and determines appropriate course of investigative action. Conducts preliminary investigations. Assists in the collection, preservation, and handling of physical evidence and property. Interviews/interrogates victims, suspect(s), and witnesses. Arrests, questions, and transports suspects and/or persons with outstanding arrest warrants to jail facilities. Processes into jail. Prepares incident reports. Prepares reports, complaints, affidavits, and other related documents. Performs court testimonies.

Signs court complaints and serves subpoenas. Monitors, implements, participates, and tracks internal and external training of Police Department personnel. Assists with resolving personnel issues and conflicts. Drafts, composes, reviews, edits and/or revises a variety of written documents, summaries and reports.

In the absence of a Sergeant, supervises an assigned shift or subordinate staff engaged in field or support activities. Disperses information to subordinate staff and provides updates for upper management on cases. Assists in the identification of staffing, training, equipment, facilities and related needs for assigned shift, unit or assignment. Coordinates, prioritizes and assigns tasks and projects. Recommends corrective and disciplinary actions to supervision. Provides justification and responds to inquiries.

Performs other duties as assigned or required.
501
PSPC City of Banning, California

CITY OF BANNING, CALIFORNIA
Police Corporal

Job Code: 2040
___________________________________________________________________________________ KNOWLEDGE and SKILLS:
 Knowledge of applicable city, county, state and Federal statutes, rules, regulations, ordinances, codes, administrative orders and other operational guidelines and directives.  Knowledge of the City's and the Department's policies and procedures.  Knowledge of modern law enforcement trends and practices.  Knowledge of legislative process and legal terminology.  Knowledge of training methods and techniques
 Knowledge of supervision practices and principles
 Skill in reading, understanding, interpreting and applying relevant city, county, state and Federal statutes, rules, regulations, ordinances, codes, administrative orders, policies and procedures and other operational guidelines and directives.
 Skill in assessing and prioritizing multiple tasks, projects and/or demands.  Skill in delivering and evaluating training for subordinate staff.  Skill in working within deadlines to complete projects and assignments.  Skill in assessing, analyzing, identifying and implementing solutions to complex problems.  Skill in establishing and maintaining effective working relations with co-workers, staff, vendors, contractors, visitors, the general public and others having business with the City of Banning.  Skill in operating a personal computer utilizing a variety of software applications.

MINIMUM QUALIFICATIONS: A high school diploma or GED AND two (2) three (3) years of patrol officer experience with a POST approved California law enforcement agency; and a competent evaluation and recommendation from supervisor; written examination, oral examination and promotability assessment. Fifteen units from an accredited college or university
ADDITIONAL REQUIREMENTS: Must have at the time of application and must maintain State of California Police Officer Standards and Training (POST) Intermediate certification and California driver license. Depending on the needs of the City, incumbents in this classification may be required to obtain and maintain additional licenses or certifications for the practice of law enforcement. May be required to work outside the traditional work schedule.

May be subject to call out and/or call-back.

PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS: Requires prolonged sitting, standing, walking, running, jumping, reaching, twisting, turning, kneeling, bending, squatting and stooping, and the ability to lift up to 25 pounds or more in the performance of daily activities. Requires both near and far vision and the ability to distinguish colors and acute hearing. Incumbents may work outdoors in all weather conditions. Entails working in hazardous situations, which may involve abusive persons, potential physical violence and the potential of risk of exposure to chemical and biological hazards. 502
PSPC City of Banning, California

CITY OF BANNING, CALIFORNIA

Police Sergeant

Job Code: 2030
FLSA [ ] Exempt [ x ] Non-Exempt
__________________________________________________________________________ JOB DEFINITION: Under general supervision, performs a variety of duties associated with providing supervision, training and equipment necessary for subordinate staff to complete assignments with the Police Department. Additional education, experience and training enable incumbents or appointees to attain the designations of Staff Sergeant or Master Sergeant, as described under Qualifications.

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

REPRESENTATIVE DUTIES: Oversees and participates in the enforcement of Federal, state and local laws and implements and enforces Department policies and procedures. Supervises an assigned shift or subordinate staff engaged in field or support activities and participates in the operations of the Police Department. Supervises and participates in radio calls to the City to prevent criminal activities and to enforce state and municipal laws and ordinances. Disperses information to subordinate staff and provides updates for upper management on cases.

Assists in the identification of staffing, training, equipment, facilities and related needs for assigned shift, unit or assignment. Coordinates, prioritizes and assigns tasks and projects. Prepares work schedule. Monitors and participates in the training and performance review of assigned personnel. Monitors and resolves personnel issues and conflicts. Recommends corrective and disciplinary actions. Schedules, oversees and tracks all internal and external training of Police Department personnel. Monitors Department compliance with POST and legislative mandates.

Identifies, develops and implements new employee and on-going staff training programs. Tracks and reviews work progress and process. Drafts, composes, reviews, edits and/or revises a variety of written documents, summaries and reports. Conducts internal investigations reference allegations of officer misconduct. Reviews case law and Human Resources issues based on legal issues for Department employees. Participates in budget development, preparation and presentation. Provides justification and responds to inquiries. Monitors budget allocations. Assists in writing grants.

Performs other duties as assigned or required.
503
PSPC City of Banning, California

CITY OF BANNING, CALIFORNIA
Police Sergeant

Job Code: 2030
______________________________________________________________________________________ KNOWLEDGE and SKILLS:
 Knowledge of applicable city, county, state and Federal statutes, rules, regulations, ordinances, codes, administrative orders and other operational guidelines and directives.  Knowledge of the City's and the Department's policies and procedures.  Knowledge of modern law enforcement trends and practices.  Knowledge of legislative process and legal terminology.  Knowledge of training methods and techniques.
 Knowledge of management and/or supervision practices and principles.  Skill in reading, understanding, interpreting and applying relevant city, county, state and Federal statutes, rules, regulations, ordinances, codes, administrative orders, policies and procedures and other operational guidelines and directives.
 Skill in assessing and prioritizing multiple tasks, projects and/or demands.  Skill in working within deadlines to complete projects and assignments.  Skill in assessing, analyzing, identifying and implementing solutions to complex problems.  Skill in establishing and maintaining effective working relations with co-workers, staff, vendors, contractors, visitors, the general public and others having business with the City of Banning.  Skill in operating a personal computer utilizing a variety of software applications.

MINIMUM QUALIFICATIONS:

Sergeant: (3 chevrons) Requires 30 units from an accredited college or university (Associate’s Degree, or higher, is preferred); three (3) five (5) of patrol experience as a police officer with a POST approved California law agency; and a competent evaluation and recommendation from supervisor; written examination, oral examination and promotability assessment
Supplemental information
ADDITIONAL REQUIREMENTS:

Must have at the time of application and must maintain State of California Police Officer Standards and Training (POST) intermediate advance certification, as required and California driver license. Depending on the needs of the City, incumbents in this classification may be required to obtain and maintain additional licenses or certifications for the practice of law enforcement. May be required to work outside the traditional work schedule. May be subject to call out and/or call-back.
504

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: March 24, 2026
SUBJECT: Consideration of Resolution 2026-54, Declaring the Intention to Levy and Collect Assessments for Fiscal Year 2026/2027, Approving the Engineer’s Report and Setting the Date for the Public Hearing for Landscape Maintenance District (LMD) No. 1
RECOMMENDATION:

Adopt Resolution 2026-54
BACKGROUND:

LMD No. 1 (‘the District”) in the City of Banning was established through the adoption of Resolution 1990-59 on August 14, 1990 (9 tracts), with another, Tract No. 22913, being annexed into the District in 1992. An additional five tracts and three tentative tracts were annexed into LMD No. 1 (Annexation No. 1) when the City Council approved Resolution 2005-36 on May 10, 2005. Annexation No. 2, adding Tract No. 32370, occurred on November 14, 2023 when the City Council approved Resolution No. 2023- 177. There are currently eleven (11) Zones and 1,034 assessment units (i.e. properties) in LMD No. 1.

A map displaying the District and its’ Zones is shown as Attachment 2. On January 27, 2026 the City Council approved Resolution No. 2026-17, initiating proceedings for the fiscal year update of LMD No.1, shown attached.

LMD No. 1 provides a mechanism for the operation and maintenance of landscape medians and parkways, perimeter strips, landscaped hillsides with high visibility, side slopes adjacent to sidewalks and retention basins annexed into it. LMD No. 1 funds expenses (e.g. utility costs, landscape maintenance contractor, etc.) by revenues collected from the special benefit assessments paid for by each property owner within LMD No. 1. The District, by special benefit assessments, provides funding for the operation and maintenance of certain landscape areas within the City of Banning, all of which were constructed as part of private development projects and 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.

Adoption of this Resolution will accomplish three goals for the fiscal year update and renewal of LMD No.

1. First, it provides the resolution of intention to levy and collect assessments; second, it permits the City Council to review and approve the Annual Engineer’s Report; and third, it sets the date and time for a public hearing. Subsequent to the approval of this Resolution, the City Council will be requested to confirm the assessments for Fiscal Year 2026/2027.

The Engineer’s Report, which provides background on the proposed Assessments, is on file with the City Clerk and is shown as Attachment 3. Upon approval of this resolution, the public hearing will be held at the regularly scheduled City Council meeting on April 28, 2026, at 5:00 p.m., as shown in the attached 505
schedule, Attachment 4. A detailed list of tracts in LMD No. 1 and their respective assessments is shown as Attachment 5.

For Fiscal Year 2026/2027, the Engineer’s Report does reflect a Consumer Price Index (CPI) percentage increase of 3.25% on the assessments over the last fiscal year applied only to those tracts annexed into LMD No.1 (currently six built tracts) in 2005 and 2023 (Tract 32370), at which time, those property owners authorized the CPI adjustment.

The annual assessments may be increased without further notice or public hearing by a percentage equal to the increase in the CPI for all Urban Consumers in the Riverside-San Bernardino-Ontario, CA area, published by the United States Department of Labor, Bureau of Labor Statistics during the preceding calendar year, provided however, that any such increase shall not exceed five percent (5%) per fiscal year.

Due to the revenue shortfall and the lack of funding for replacement projects, the Public Works Department prepared a Request for Proposals in December of 2018 with the intention to hire a consultant with expertise in the Proposition (Prop) 218 process and assessment districts to determine the proper zones and assessment amounts for each tract and the basis of assessments; assist in holding a Prop 218 balloting proceeding and public hearing; determine the estimated budget for the next 20 years; prepare necessary reports; and perform community outreach. In essence, a complete overhaul of LMD No. 1 was to be explored, including the potential restructuring of the Zones and assessments.

A professional services contract was awarded to Webb Municipal Finance, LLC at the April 9, 2019 City Council meeting. They analyzed the existing LMD No. 1 structure, prepared a financial analysis, and determined the proper zones and assessment amounts for each tract in order to assure the LMD No.1 is operated with a balanced budget. On January 14, 2020, the City Council approved the Financial Analysis, Redevelopment, and Proposition 218 Report (“Financial Report”) prepared by Webb Municipal Finance, LLC. The consultant prepared a detailed analysis and budget for all the existing tracts within the District and recommended that it be rezoned in a manner that allows each tract to pay only for benefits that it is receiving. Thus, ten (10) new Zones were developed to better reflect each tract’s unique expenses and revenues and benefits bestowed to its’ property owners residing within the Zone, as shown in Attachment 2, the LMD No.1 map. Zone No. 11 was annexed into the LMD No. 1 on November 14, 2023, and is comprised of Tract No. 32370, known as Canterbury.

Additionally, the Financial Report analyzed the LMD No. 1 budget and recommended changes including some increases to the Assessment Units to ensure revenues were sufficient to support the rising expenditures. A Prop 218 hearing was recommended in the Financial Report to change the Assessments needed to balance the budget. Webb Municipal Finance, LLC prepared a “Proposition 218” Engineer’s Report that presented the new escalated Assessment Unit rates for each Zone reflected on the Proposition 218 notice and ballot for each Zone. A Prop 218 public hearing was held on December 8, 2020 with the results tabulated showing a “No” vote for each of the ten Zones. Thus, the Assessment Unit rate remained unchanged, equal to the rate in the Annual Engineer’s Report recommended to be approved as part of this resolution, with no increases despite rising costs. The exception are Zones six through ten whose tracts were annexed into LMD No.1 in 2005, at which time, those property owners authorized the annual CPI adjustment. Zone 11 was annexed into the District after this Financial Report was approved in early 2020. Zone 11 also has a CPI escalator, similar to Zones six through ten.

Since the Prop 218 public hearing held on December 8, 2020, certain operational adjustments (i.e. maintenance contract scope reduction and reduction in watering) have been made to reduce costs.

The Annual Engineer’s Report requested to be approved as part of this Resolution lists the Assessment Unit (AU) rates and costs to be levied to the property owners within LMD No. 1 for FY 2026/2027. 506
During the upcoming Fiscal Year 2026-27, Engineering Division staff will prepare a detailed analysis of the costs to create and maintain a new Zone 12, consisting of the major thoroughfares currently in LMD No. 1. The streets may include: Wilson Street, Highland Home Road, S. Hathaway Street, and S.

Hargrave Street. The feasibility of a new Zone 12 to include landscape maintenance and utility costs will be analyzed.

JUSTIFICATION:

The City Council approved the formation of Landscape Maintenance District (LMD) No. 1 by adopting Resolution No. 1990-59 on August 14, 1990. The adoption of this Resolution will enable the assessments to be collected from the property owners located within LMD No. 1 to provide for the funding required to maintain landscape areas located within the public right-of-way directly benefiting said property owners.

FISCAL IMPACT:

Based on the proposed assessments in the Engineer’s Report, the estimated revenues for Fiscal Year 2026/2027 for LMD No. 1 will be $164,031.63, with the 3.25% CPI increase applied to the existing tracts annexed into the District in 2005 and 2023, respectively: Tracts 28252, 30793, 31833, 31834, 31835 and 30906, Zones six through ten and Tract 32370, Zone 11 of Annexation No. 2. If approved, the annual assessment for a single-family dwelling in Zones six through ten would increase from the current rate of $267.55 to $276.25 and in Zone 11, from $415.83 to $429.35.

The estimated expenses for FY 26/27 are $183,492.41(based on FY 2025/2026 actual costs). About $40,000 of these expenses are from each Zones’ reserves in Zones 2, 6 and 10 and are being used for projects that have not previously been done and include: removal of diseased trees and sidewalk repair in Zone 2; converting to a drip irrigation system and refreshing plants in Zone 6; and tree trimming along Mountain Ave. in Zone 10.

Attachment 6 identifies funding reserve balances in each zone. Some of the zones (Zones 3,4, 5 and 9) do not have sufficient reserves to cover the projected expenses in future years; therefore, a further reduction in maintenance services is imminent to reduce costs.

ATTACHMENTS:

1. Resolution 2026-54.docx

2. LMD No.1 Map of Zones 1 thru 11 Combined.pdf

3. Engineer's Report FY 2026 2027.pdf

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

5. LMD No. 1 Tracts, Zones and Assessments for FY 26-27.docx

6. Zone Funding.docx

7. Resolution No. 2026-17, CC Meeting on 1.27.26.pdf
507
Resolution 2026-54

RESOLUTION 2026-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, IN CONNECTION WITH THE CITY OF BANNING LANDSCAPE MAINTENANCE DISTRICT NO. 1, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE CITY OF BANNING LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2026-27, APPROVING THE REPORT OF THE ENGINEER FOR FISCAL YEAR 2026-27 AND

APPOINTING A TIME AND PLACE FOR HEARING PROTESTS
WHEREAS, on August 14, 1990, the City Council of the City of Banning (“City Council”) adopted Resolution 1990-59, authorizing the formation of Landscape Maintenance District No. 1 (“LMD No. 1” or the “District”); and
WHEREAS, on May 10, 2005, the City Council adopted Resolution 2005-36, ordering the annexation of an additional five tracts and three tentative tracts to the City’s LMD No. 1 (“Annexation No. 1 Tracts”); and
WHEREAS, on November 14, 2023, the City Council adopted Resolution 2023-177, ordering the annexation of Tract No. 32370, known as Canterbury, to the City’s LMD No. 1 (“Annexation No. 2 Tract”); and
WHEREAS, on January 27, 2026, the City Council adopted Resolution 2026-17, initiating proceedings for the levy of an assessment for fiscal year 2026-27 in connection with LMD No. 1 pursuant to the “Landscaping and Lighting Act of 1972,” Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code (the “Act”), for the operation, maintenance and servicing of landscape medians, parkways, perimeter strips and slopes adjacent to sidewalks, flood detention or retention basins, and the irrigation of the above facilities and all appurtenant facilities related thereto; and
WHEREAS, by Resolution 2026-17, the City Council also ordered the City Engineer to prepare and file a written Report with the City Clerk in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of Part 2 of Division 15 of the Act; and WHEREAS, the Deputy Director of Public Works/City Engineer has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a report dated March, 2026 that is titled “Engineer’s Report for FY 2026-27 City of Banning Landscape Maintenance District No. 1” (the “Report”); and
WHEREAS, it is essential that the City Council adopt this Resolution, so that the City may assess and collect assessments from the property owners located within LMD No. 1; and WHEREAS, the City Council hereby finds that funding for LMD No. 1 is available through a special assessment of property owners located within the District.

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

SECTION 1. The City Council has carefully examined and reviewed the Report, and the Report is approved as filed and considered final.
508
Resolution 2026-54

SECTION 2. The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order, the levy and collection of assessments against the lots and parcels of property within LMD No. 1 pursuant to the provisions of the Act for Fiscal Year 2026- 27, commencing July 1, 2026, and ending June 30, 2027, to pay for the costs and expenses of the improvements described below in Section 3. The boundaries of the District are located in the City of Banning, County of Riverside, and are shown on Exhibit “A” to this Resolution and on the District Location Map in Section 4 of the Report.

SECTION 3. The existing improvements are briefly described as follows: landscaped street medians and parkways, landscaped perimeter strips and backup walls, landscaped side slopes adjacent to sidewalks, landscaped hillsides with high visibility, landscaped flood detention or retention basins, open spaces, and equestrian trails, drainage channel bordering Tract 23446, and the irrigation of the above facilities and all appurtenant facilities related thereto.

SECTION 4. The assessments to be levied and collected against the assessable lots and parcels of property within Tracts 21882, 22810, 22811, 22913, 23446, 23598, 29721, 30186, 30222, and 32109 within the District for fiscal year 2026-27 are not proposed to increase from the assessments levied and collected last fiscal year 2025-26. The assessments to be levied and collected against the assessable lots and parcels of property within the Annexation No. 1 Tracts (Tracts 28252, 30793, 30906, 31833, 31834, and 31835) and Annexation No. 2 Tract 32370 are proposed to increase by a 3.25% Consumer Price Index (“CPI”) increase from the assessments levied and collected against the assessable lots and parcels of property within the Annexation No. 1 and No. 2 Tracts from last fiscal year 2025-26, as authorized by the property owners’ assessable lots and parcels of property within the Annexation No. 1 and No. 2 Tracts at the time of annexation into LMD No. 1 in 2005 and 2023, respectively.

SECTION 5. Reference is made to a map on file in the offices of the City Clerk and the City Engineer, attached as Exhibit “A,” and open for public inspection for a description of the exterior boundaries of the District and the improvements described in Section 3. Reference is further made to the Report on file in the office of the City Clerk, for a full and detailed description of the improvements, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District.

SECTION 6. NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL APPOINTS TUESDAY, THE 28TH DAY OF APRIL, 2026, AT THE HOUR OF 5:00 P.M., IN THE COUNCIL CHAMBERS AT CITY HALL, CITY OF BANNING, 99 E RAMSEY STREET, BANNING, CALIFORNIA 92220,

AS THE TIME AND PLACE FOR THE HEARING OF PROTESTS OR OBJECTIONS TO THE LEVY OF THE PROPOSED ASSESSMENTS IN CONNECTION WITH THE DISTRICT. All interested persons shall be afforded the opportunity to hear and be heard. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by the signer. The City Council shall consider all oral statements, and all written protests made or filed by any interested person.

SECTION 7. The Deputy City Clerk shall give notice of the time and place of said public hearing by publishing this Resolution once in a local newspaper notice not less than ten (10) days before the date of the hearing in accordance with the provisions of Streets and Highways Code Sections 22552 and 22553 and Government Code Section 6061.

SECTION 8. The Deputy City Clerk shall certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 509
Resolution 2026-54

PASSED, APPROVED AND ADOPTED this 24th day of March, 2026.

Richard Royce, Mayor
City of Banning
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
510
Resolution 2026-54

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-54, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 24th day of March, 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
511
Resolution 2026-54

EXHIBIT “A”
Landscape Maintenance District No. 1 Map
512
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
11 513
Landscape Maintenance Areas
LMD 1 Proposed Zone 1
Riverside Co. GIS, January, 2025

WILSON ST

OMAR ST

PALM DR
WHITE
OAK
DR

HOFFER ST

RED BLUFF LN

MOUNTAIN AVE

FOOTHILL DR

GILMAN ST
A
S
P
E
N
L
N

CATCHEN RD
SUNSET
AVE

CYPRESS ST
ELM DR
OAK LN41ST ST

HOLLY CT

SUGAR PINE
CIR
O
R
E
G
O
N
T
R
L

DAWN LN
B
I
L
B
E
RRY
L
N

PINE CIR
WIL
L
OW
PL

PEPPER LN

JUNIPER PL
EUCA
LY
P
T
U
S
D
R
ELISA
DAWN
D
R
DYSART
D
R

DAISY LN
G
CT
S
Y
CAM
O
R
E
C
T

CHESTNUT LN

CEDAR LN
LEGEND
Zone 1
TR 22810
TR 22811
TR 22913
TR 30186
TR 30222
Landscaped Areas
M:\GIS-Assessment\Banning\Pro\Banning_LMD1_Zones\Banning_LMD1_Zones.aprx; Map Date 02 Mar 2026 I
0 500 1,000 1,500
Feet

CITY OF BANNING

NOT A PART
514
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
515
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
516
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
517
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
518
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
519
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
520
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
521
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
522
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
523
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
524
Engineer’s Report for FY 2026-27
City of Banning
Landscape Maintenance District No. 1
March, 2026
Prepared by: Public Works Department,
City of Banning
99 E. Ramsey Street
Banning, CA 92220
525
Table of Contents
Engineer’s Report ____________________________________________________________________ i Sections
Section i. Engineer’s Statement ____________________________________________________ iv Section 1. Plans and Specifications __________________________________________________ 5 Section 2. Method of Apportionment ________________________________________________ 7 Section 3. Estimate of Costs ______________________________________________________ 11 Section 4. District Diagrams_______________________________________________________ 15 Section 5. Assessment Roll Certification _____________________________________________ 16 Tables
Table 3-1. FY 2026-27 Budget _____________________________________________________ 11 Table 3-2. FY 2026-27 Assessment Rates ____________________________________________ 14 Diagrams
Diagram 4-1. Official Boundary Map _________________________________________________ 15 Appendix
Appendix A. Assessment Roll ________________________________________________________ A 526
Engineer’s Report for FY 2026-2027 City of
Banning Landscape Maintenance District No. 1 i.

AGENCY: CITY OF BANNING
PROJECT: ENGINEER'S REPORT
DISTRICT: LANDSCAPE MAINTENANCE DISTRICT NO. 1
TO: CITY COUNCIL OF CITY OF BANNING

STATE OF CALIFORNIA
REPORT PURSUANT TO "LANDSCAPING AND LIGHTING ACT OF 1972" Pursuant to the order of the City Council of the City of Banning, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California.

This report presents the engineering analysis for the 2026/2027 Fiscal Year renewal of the district known as:

LANDSCAPE MAINTENANCE DISTRICT NO. 1

CITY OF BANNING
(Hereinafter referred to as "District")
This District, by special benefit assessments, provides funding for the servicing and maintenance of certain landscaped areas within the City of Banning, all of which are located in public right-of-ways in the City of Banning.

Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states:
"The net amount to be assessed upon lands within as assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.

The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000 of the Streets and Highways Code, State of California)."
The 1972 Act also provides for the classification of various areas within an assessment district into difference zones where;
"by reason of variations in the nature, location and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements." An assessment district may consist of contiguous or noncontiguous areas.

As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax and therefore, are not governed by Article XIIIA of the California Constitution. 527
Engineer’s Report for FY 2026-2027 City of
Banning Landscape Maintenance District No. 1 ii.

Properties owned by public agencies, such as a City, County, State or the Federal Government, are not assessable without the approval of the particular agency and, normally, are not assessed.

PROPOSITION 218
On November 5, 1996, the California electorate approved Proposition 218, the “Right to Vote on Taxes Act.” Proposition 218 adds articles XIIIC and XIIID to the California Constitution and makes numerous changes to local government finance law. Proposition 218 provides in relevant part:

No …assessment … shall be assessed by any agency upon any parcel of property… as an incident of property ownership except:
(1) The ad valorem property tax…
(2) Any special tax receiving a two-thirds vote..

There are exceptions to this provision. Article XIIID, Section 5, Subsection (b) provides: Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.

SECTION 1 PLANS AND SPECIFICATIONS: Provides a description of the appurtenant Zones within the District and the overall nature and extent of the improvements and services provided. The proposed increased assessments as outlined in this Report are based on the local landscaping improvements and appurtenant facilities that provide a special benefit to the properties within these Zones and operational expenses authorized pursuant to the Landscape and Lighting Act of 1972.

SECTION 2 METHOD OF APPORTIONMENT: Provides a discussion of the general and special benefits associated with the overall local landscaping improvements provided within the District (Proposition 218 Benefit Analysis). This Section also outlines the method of calculating each property’s proportional special benefit necessary to calculate the property’s annual assessment. This method of apportionment is consistent with the previously adopted method of apportionment for the District, which was approved by the property owners in a protest ballot proceeding conducted when the original Zones were formed.

SECTION 3 ESTIMATE OF COSTS: The budget identifies an estimate of anticipated annual expenses to service, maintain, and operate existing landscape improvements within each Zone for FY 2026-27 including, but not limited to, servicing of those improvements and related facilities, utility costs, contractor costs and related incidental expenses authorized by the 1972 Act. The budget also identifies the maximum and proposed assessment rates for each Zone of the District.

SECTION 4 DISTRICT DIAGRAMS: Showing the boundaries of the Zones within the District and the parcels determined to receive special benefit from the various Zone improvements. These diagrams also provide a visual depiction of the location of the landscaped areas being maintained. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the Zones are shown on the Riverside County Assessor's Parcel Maps and shall include any subsequent lot 528
Engineer’s Report for FY 2026-2027 City of
Banning Landscape Maintenance District No. 1 iii.
line adjustments or parcel changes therein. Reference is hereby made to the Riverside County Assessor’s Parcel Maps for a detailed description of the lines and dimensions of each lot and parcel of land within the Zones.

SECTION 5 ASSESSMENT ROLL: A listing of the proposed assessment amount for each parcel within the District.

The proposed assessment amount for each parcel is based on the parcel's calculated proportional special benefit as outlined in the method of apportionment and proposed assessment rates established in the District Budget. These assessment amounts represent the assessments proposed to be levied and collected on the Riverside County Tax Rolls for FY 2026-27. 529
12th March
530

2. Method of Apportionment
Engineer’s Report for FY 2026-2027 City of
Banning Landscape Maintenance District No. 1 v.

DESCRIPTION OF THE DISTRICT
The territory within this District consists of all lots and parcels of land that receive special benefit from the landscape improvements maintained and funded by the District assessments. The boundary of the District is completely within the City limits and is shown on the District Location Map in Section 4. Each parcel within the District is assigned to a Zone that funds landscape maintenance services that specially benefit that parcel. The District is comprised of property within the following Tracts.

1. Tract 21882 10. Tract 30222

2. Tract 22810 11. Tract 30793 (Annexation No. 1)

3. Tract 22811 12. Tract 30906 (Annexation No. 1)

4. Tract 22913 13. Tract 31833 (Annexation No. 1)

5. Tract 23446 14. Tract 31834 (Annexation No. 1)

6. Tract 23598 15. Tract 31835 (Annexation No. 1)

7. Tract 28252 (Annexation No. 1) 16. Tract 32109

8. Tract 29721 17. Tract 32370 (Annexation No. 2)

9. Tract 30186
The Tracts indicated above have been included in the District as a condition of tract approval. All parcels of Real Property included within the District are described in detail on maps on file in the Riverside County Assessor's Office and in the Office of the City Engineer.

ZONE DESCRIPTION AND IMPROVEMENTS
The boundaries of each Zone within the District are based on the improvements being maintained through the District assessments and the relationship and/or proximity of the developments and properties that derive special benefit from those specific improvements. The location, extent and types of improvements or similar types of improvements identified within each Zone and the various parcels and developments that created the need for such improvements were utilized in establishing the boundaries of these Zones and proportional special benefit cost allocations. Because most Zone improvements are the result of, and associated with, a particular development or group of developments, the perimeter boundaries of the Zones are typically defined by the perimeter streets of that Zone. The following is a brief description and summary of the landscaped areas associated with each Zone.

Zone 1 – Tract Nos. 22810, 22811, 22913, 30186 and 30222:

Comprised of residential properties generally located on the northeast corner of W. Wilson Street and Mountain Avenue. The total landscaping area being maintained is approximately 125,343 square feet, fronting West Wilson Street and Mountain Avenue, it includes a retention basin.

Zone 2 – Tract Nos. 21882 and 23446:
531

2. Method of Apportionment
Engineer’s Report for FY 2026-2027 City of
Banning Landscape Maintenance District No. 1 vi.

Comprised of residential properties generally located south of W. Wilson Steet and west of Omar Street. The total landscaping area being maintained is approximately 92,301 square feet fronting W. Wilson Street and Highland Home Road including the median on Highland Home Road.

Zone 3 – Tract No. 29721:

Comprised of residential properties generally located on the southeast corner of W. Wilson Street and Omar Street. The total landscaping area being maintained is approximately 11,652 square feet fronting the tract on W.

Wilson Street and Omar Street. Also being maintained is the slope area south of Western Sunset Avenue.

Zone 4 – Tract No. 32109:

Comprised of residential properties generally located on the southwest corner of W. Wilson Street and Omar Street. The total landscaping area being maintained is approximately 18,014 square feet fronting the tract on W.

Wilson Street as well as the interior landscaping on Alder Court.

Zone 5 – Tract No. 23598:

Comprised of residential properties generally located on the northeast corner of W. Wilson Street and Eclipse Drive. The total landscaping area being maintained is approximately 29,860 square feet fronting the tract on W.

Wilson Street and Eclipse Drive. Also maintained is the landscaping on the interior street, Moon Beam Drive.

Zone 6 – Tract No. 28252:

Comprised of residential properties generally located on the southwest corner of Charles Street and S. Hathaway Street. The total landscaping area being maintained is approximately 37,260 square feet fronting the tract on S.

Hathaway Street and includes a retention basin.

Zone 7 – Tract No. 30793:

Comprised of residential properties generally located north of W. Wilson Street and west of Mountain Avenue.

The total landscaping area being maintained is approximately 14,392 square feet fronting the tract on W. Wilson Street and Omar Street and includes open space on the interior street, Foothill Drive.

Zone 8 – Tract Nos. 31834 and 31833:

Comprised of residential properties generally located north of Wesley Street and east of Hargrave Street. The total landscape area being maintained is approximately 19,478 square feet fronting both tracts on Charles Street.

Zone 9 – Tract No. 31835:

Comprised of residential properties generally located on the southwest corner of Charles Street and S. Hargrave Street. The total landscape area being maintained is 51,469 square feet surrounding the tract on Charles Street, S. Hargrave Street, and E. Victory Avenue.

Zone 10 – Tract No. 30906:

Comprised of residential properties generally located north of Cedar Lane and west of Mountain Avenue. The total landscape area being maintained is 42,212 square feet fronting the tract on Mountain Avenue and both sides of Oak Lane from Mountain Avenue to Bilberry Lane. Also being maintained is a shared retention basin with Zone 11, amounting to 104,095 square feet.

Zone 11 – Tract No. 32370:

Comprised of residential properties generally located north and south of Cedar Lane and west of Mountain Avenue. The total landscape area being maintained is 4,731 square feet fronting the tract on Mountain Avenue.

Also being maintained is a shared retention basin with Zone 10, which is 104,095 square feet.

Potential Zone 12 – Major Roadways:
532

2. Method of Apportionment
Engineer’s Report for FY 2026-2027 City of
Banning Landscape Maintenance District No. 1 vii.

During the upcoming Fiscal Year 2026-27, Engineering Division staff will prepare a detailed analysis of the costs to create and maintain a new Zone 12, consisting of the major thoroughfares currently in LMD No. 1. The streets may include: Wilson Street, Highland Home Road, S. Hathaway Street, and S. Hargrave Street. The feasibility of a new Zone 12 to include landscape maintenance and utility costs will be analyzed.

DISTRICT FACILITIES AND IMPROVEMENTS
The landscape improvements and facilities being serviced and maintained within the District are as follows:

1. Landscaped street medians and parkways

2. Landscaped perimeter strips and backup walls

3. Landscaped hillsides with high visibility

4. Landscaped side slopes adjacent to sidewalks

5. Landscaped flood detention or retention basins, open spaces, and equestrian trails

6. Drainage channel bordering Tract 23446

7. Irrigation of improvements applicable to the items listed above.

Servicing includes the furnishing of water and electricity for the irrigation of any landscaping, the operation of any fountains, and the maintenance of any other improvements.

Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including:

1. The repair, redesign, removal, or replacement of all or any part of any landscape improvement

2. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, and treating disease or injury

3. The removal of trimmings, rubbish, debris, and other solid waste.

PROPOSITION 218 COMPLIANCE
On November 5, 1996, California voters approved Proposition 218, entitled “Right to Vote on Taxes Act,” which added Article XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are described below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.

Some of these exceptions include:

1. Any assessments imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.

2. Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed.

However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., increase in the Consumer Price Index). 533

2. Method of Apportionment
Engineer’s Report for FY 2026-2027 City of
Banning Landscape Maintenance District No. 1
viii
.

Proposition 218 does not define the term “streets,” however, based on the opinions of the public agency officials, attorneys, assessment engineers, and Senate Bill 919, it has been determined that streets include all public improvements located within the street rights-of-way. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.

Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the real property.” Cal. Const., art. XIIID, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees, and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments, and property-related fees may all be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.

DISTINGUISHING GENERAL AND SPECIAL BENEFIT
Proposition 218 added a set of procedures and requirements, which local government must follow to levy an assessment. In addition to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires a local government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature, most public improvements financed through an assessment district contain an element of public benefit. The test is: does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that portion of the cost of the improvement, which benefits the public generally to be separated from that portion of the cost of the improvement, which specially benefits assessed properties. Proposition 218 provides the following definition of “special benefit”:
“Special benefit” means a particular and distinct benefit over, and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit”.

General Benefit
In reviewing the location and extent of the specific landscaped areas and improvements to be funded by the District's Zone assessments and the proximity and relationship to properties to be assessed, it is evident these improvements are local improvements that were installed for the specific benefit of the various tracts and zones within the District. The maintenance of these improvements provides a direct and particular benefit to those properties (i.e. a "special benefit") and provides no specific general benefit.

METHOD OF APPORTIONMENT
Pursuant to the Landscaping and Lighting Act of 1972 and Article XIII D of the Constitution of the State of California, all parcels that have special benefit conferred upon them as a result of the maintenance and operation of improvements shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire cost of the maintenance and operation of the improvements. Only parcels that receive direct special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.

The maintenance and servicing of public landscaping facilities installed and constructed in public places in the City of Banning provides a special benefit which is received by each and every lot or parcel within the specified zones 534

2. Method of Apportionment
Engineer’s Report for FY 2026-2027 City of
Banning Landscape Maintenance District No. 1 ix.
of benefit in the District, tending to enhance the aesthetic appeal of parcels within the landscaping zone and provide a sense of community. Such landscaping improves erosion resistance and dust control, resulting in additional special benefit. The primary benefits of landscaping are as set forth below:

1. Improved aesthetic appeal of nearby parcels due to landscaped backup walls.

2. Improved erosion resistance.

3. Improved dust control.

4. Provides potential “nature walk” for neighborhood.

5. A sense of community pride resulting from well-maintained green spaces.

6. Beautifies and makes useful flood control facilities that would otherwise be unsightly and potentially dangerous.

7. The enhancement of the value of property which results from the foregoing benefits.

ASSESSMENT FORMULA
To proportionally allocate special benefit to each parcel, it is necessary to correlate each property’s proportional benefit to other properties that benefit from the improvements and services being funded. In order to do this, the assessment methodology assigns each parcel a number of Assessment Units (AUs) based on land use. One AU is defined as the special benefit received by a single-family home.

Single-Family Residential (SFR) property is used as the basic unit of measure and assigned an assessment unit (AU) of one (1).

Vacant property receives no special benefit from landscaping installed in close proximity to it and is therefore assigned zero AUs, until developed.

Multi-family units (duplexes, triplexes and apartments) are assessed at 0.9 AU for the first 20 units, 0.8 AU for the next 30 units plus the 18 AU for the first 20 units, etc. Please refer to the Assessment Formula for the entire multifamily formula. Multi-family units are assessed at a reduced rate because such units are generally smaller in size than SFR units and therefore have less benefit accruing to them.

Commercial/industrial parcels are assessed at a rate of 5 AUs per acre. The rationale for this is based upon the fact that the majority of SFR parcels have areas between 7,200 and 8,500 square feet. The number of such parcels of land contained in one acre is approximately five (5). Therefore, commercial/industrial property relates to SFR property at 5 AUs per acre. Public utility parcels are assessed at the same rate as commercial parcels for the same reason. Railroad parcels, which contain railroad tracks, are exempt because they receive no benefit from landscaping.

Special land uses are assessed based on a reasonable relationship to SFR parcels. For example, churches are assessed 2 AUs per parcel because they tend to have a benefit that is greater than that received by an SFR but less than a commercial/industrial parcel.

LIMITATION ON ANNUAL ASSESSMENT INCREASES
For the purpose of determining assessments for each fiscal year beyond FY 2026-27, the annual assessments may be increased without further notice or public hearing by a percentage equal to the increase in the Consumer Price 535

2. Method of Apportionment
Engineer’s Report for FY 2026-2027 City of
Banning Landscape Maintenance District No. 1 x.

Index (CPI) for all Urban Consumers in the Riverside-San Bernardino-Ontario, CA area, published by the United States Department of Labor, Bureau of Labor Statistics during the preceding available year, provided however, that any such increase shall not exceed five percent (5%) per fiscal year. Each fiscal year the City shall compute the percentage difference between the CPI on January 1, and the CPI for the previous January 1 or a similar time period. This percentage difference shall then establish the range of increased assessments allowed based on CPI.

Note: The City will charge a 3.25% CPI increase to the Assessment Units from Annexation No. 1 and Annexation No. 2 Tracts (Zones 6 through 11) only for FY 2026/2027.

CALCULATION OF ASSESSMENTS
An assessment amount per AU is calculated as follows:

The amount identified as the Total Revenue Costs is divided by the Total AUs of parcels to be Assessed to establish the "Assessment Rate" or "Assessment per AU" for the fiscal year. The Assessment Rate is then applied to each individual parcel's total AUs to calculate the parcel’s proportionate special benefit and assessment obligation for the improvements. The original Assessment Units were established in this manner many years ago when the tract was annexed into LMD No.1 but now can only be increased through the Proposition 218 process. The revenue formula shown on the next page must be utilized since the Assessments cannot be increased to rise with the increased costs due to Proposition 218 limitations, except for Zones 6 through 11, which have an approved CPI clause.

Total Estimated Revenues ÷ Total AU (to be Assessed) = Assessment per AU Example
The FY 2026-27 Total Estimated Revenue for Zone 1 is $34,739.10. There are 319 Assessment Units (AU) in this Zone. To determine the Assessment per AU, due to Proposition 218 limits on increasing the Assessment, the current $108.90/AU must continue to be used:
$34,739.10 ÷ 319 = $108.90 per AU
536

3. Estimate of Costs
Engineer’s Report for FY 2026-2027 City of
Banning Landscape Maintenance District No. 1 xi.

DISTRICT BUDGET
The following budgets outline each Zone’s estimated cost to maintain the Zone’s improvements and the anticipated expenditures for FY 2026-27.

Table 3-1
FY 2026-27 Budget
Budget Fiscal Year 2026-27
Zone 1 Zone 2 Zone 3
Tract Nos.
22810, 22811,
22913, 30186,
30222
Tract Nos.
21882 & 23446
Tract No.
29721

DIRECT COSTS
Landscape Contract $15,854.00 $15,761.81 $1,225.99
Utilities (water and electric costs) $2,150.85 $13,826.75 $1,201.43 Landscape Maintenance Costs (PW staff, repairs,
plants, etc.) $6,000.00 $20,000.00* $1,000.00
TOTAL DIRECT COSTS $24,004.85 $49,588.56 $3,427.42*
TOTAL COSTS $24,004.85 $49,588.56 $3,427.42

PROPOSED ASSESSMENT RATE
AUs 319 272 21
FY 2026-27 Assessment Rate $108.90 $113.31 $113.31
TOTAL REVENUE $34,739.10 $30,820.32 $2,379.51
*Note: Zone 2 will utilize reserve funds in FY 26/27 for the removal of diseased trees and sidewalk repair and Zone 3 will utilize reserve funds in FY 26/27 for the deficit. 537

3. Estimate of Costs
Engineer’s Report for FY 2026-2027 City of
Banning Landscape Maintenance District No. 1 xii.

FY 2026-27 Budget
Budget Fiscal Year 2026-27
Zone 4 Zone 5 Zone 6 Zone 7
Tract No.
32109
Tract No.
23598
Tract No.
28252
Tract No.
30793

DIRECT COSTS
Landscape Contract $2,300.45 $5,571.16 $6,719.32 $2,245.14 Utilities (water and electric costs) $3,582.89 $6,159.27 $1,679.07 $1,006.64 Landscape Maintenance Costs (PW staff, repairs,
plants, etc.) $1,000.00 $1,000.00 $10,000.00 $3,000.00
TOTAL DIRECT COSTS $6,883.34* $12,730.43* $18,398.39 $6,251.78 TOTAL COSTS $6,883.34 $12,730.43 $18,398.39 $6,251.78

PROPOSED ASSESSMENT RATE
AUs 38 97 70 43
FY 2026-27 Assessment Rate $113.31 $98.91 $276.25 $276.25 TOTAL REVENUE $4,305.78 $9,594.27 $19,337.50 $11,878.75 *Note: Zones 4 and 5 will utilize reserve funds in FY 26/27 for the deficit.

FY 2026-27 Budget
Budget Fiscal Year 2026-27
Zone 8 Zone 9 Zone 10 Zone 11
Tract Nos.
31833 &
31834
Tract No.
31835
Tract No.
30906
Tract No.
32370

DIRECT COSTS
Landscape Contract $2,740.40 $6,416.07 $6,913.74 $1,366.56 Utilities (water and electric costs) $4,673.19 $3,598.59 $14,901.87 $3,597.20 Landscape Maintenance Costs (PW staff, repairs,
plants, etc.) $1,000.00 $1,000.00 $15,000.00* $1,000.00 TOTAL DIRECT COSTS $8,413.59

$11,014.66* $36,815.61 $5,963.76
TOTAL COSTS $8,413.59 $11,014.66 $36,815.61 $5,963.76

PROPOSED ASSESSMENT RATE
AUs

35 33

87 19
FY 2026-27 Assessment Rate $276.25 $276.25 $276.25 $429.35 TOTAL REVENUE $9,668.75 $9,116.25 $24,033.75 $8,157.65
538

3. Estimate of Costs
Engineer’s Report for FY 2026-2027 City of
Banning Landscape Maintenance District No. 1 xiii.
*Note: Zone 9 will utilize reserve funds in FY 26/27 for the deficit and Zone 10 will utilize reserve funds in FY 26/27 for tree trimming along Mountain Ave.

CPI of 3.25% applied to 2005 Annexation No. 1 and 2023 Annexation No. 2 Tracts only, Zones 6 -11. 539

3. Estimate of Costs
Engineer’s Report for FY 2026-2027 City of
Banning Landscape Maintenance District No. 1 xiv.

ASSESSMENT RATES
The following shows the assessment rates applicable to each Zone for FY 2026-27 based on the budget, the method of apportionment presented in this Report and Proposition 218 limits on increasing the Assessment.

Table 3-2
FY 2026-27 Proposed Assessment Rates
Tracts Zone Rates Total Assessment
22810, 22811, 22913, 30186, 30222 Zone 1 $108.90 per AU $34,739.10 21882 & 23446 Zone 2 $113.31 per AU $30,820.32
29721 Zone 3 $113.31 per AU $2,379.51
32109 Zone 4 $113.31 per AU $4,305.78
23598 Zone 5 $98.91 per AU $9,594.27
28252 Zone 6 $276.25 per AU $19,337.50
30793 Zone 7 $276.25 per AU $11,878.75
31833 & 31834 Zone 8 $276.25 per AU $9,668.75
31835 Zone 9 $276.25 per AU $9,116.25
30906 Zone 10 $276.25 per AU $24,033.75
32370 Zone 11 $429.35 per AU $8,157.65
Total Assessments: $164,031.63
CPI of 3.25% applied to 2005 Annexation No. 1 and 2023 Annexation No. 2 Tracts only, Zones 6 -11. 540

4. District Diagrams
Engineer’s Report for FY 2026-27
Landscape Maintenance District No. 1 15

DISTRICT DIAGRAM
The following diagram depicts the parcels within the Zones that make up the District, which are those that existed at the time this Report was prepared.
541

5. Assessment Roll
Engineer’s Report for FY 2026-27
Landscape Maintenance District No. 1 16

ASSESSMENT ROLL CERTIFICATION
Parcel identification for each lot within the District is based on available parcel maps and property data from the Riverside County Assessor’s Office. A listing of the parcels to be assessed within the District, along with the corresponding assessment amounts for FY 2026-27, has been attached to this Engineer's Report as Appendix "A" and is on file in the Office of the City Engineer of the City of Banning. If any parcel identified therein is submitted for collection and identified by the Riverside County Auditor/Controller of the County of Riverside to be an invalid parcel number for any fiscal year, a corrected parcel number/numbers will be identified and resubmitted to the Riverside County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment, as described in this Report and approved by the City Council.
542
0B0BAPPENDIX
A
1B1BAssessment Roll
Number APN Tract Assessment Unit (AU) 1 535321001 22810 $108.90 2 535321002 22810 $108.90 3 535321003 22810 $108.90 4 535321004 22810 $108.90 5 535321005 22810 $108.90 6 535321006 22810 $108.90 7 535321007 22810 $108.90 8 535321008 22810 $108.90 9 535321009 22810 $108.90 10 535321010 22810 $108.90
11 535321011 22810 $108.90
12 535321012 22810 $108.90
13 535321013 22810 $108.90
14 535321014 22810 $108.90
15 535321015 22810 $108.90
16 535321016 22810 $108.90
17 535321017 22810 $108.90
18 535321018 22810 $108.90
19 535321019 22810 $108.90
20 535321020 22810 $108.90
21 535321021 22810 $108.90
22 535321022 22810 $108.90
23 535321023 22810 $108.90
24 535321024 22810 $108.90
25 535321025 22810 $108.90
26 535321026 22810 $108.90
26 535321026 22810 $108.90
28 535321028 22810 $108.90
29 535321029 22810 $108.90
30 535321030 22810 $108.90
31 535321031 22810 $108.90
32 535321032 22810 $108.90
33 535321033 22810 $108.90
34 535322001 22810 $108.90
35 535322002 22810 $108.90
36 535322003 22810 $108.90
37 535322004 22810 $108.90
38 535322005 22810 $108.90
543
39 535322006 22810 $108.90
40 535322007 22810 $108.90
41 535322008 22810 $108.90
42 535322009 22810 $108.90
43 535322010 22810 $108.90 1 535322012 22811 $108.90 2 535322013 22811 $108.90 3 535322014 22811 $108.90 4 535322015 22811 $108.90 5 535322016 22811 $108.90 6 535322017 22811 $108.90 7 535322018 22811 $108.90 8 535322019 22811 $108.90 9 535322020 22811 $108.90 10 535322021 22811 $108.90
11 535322022 22811 $108.90
12 535322023 22811 $108.90
13 535322024 22811 $108.90
14 535322026 22811 $108.90
15 535322026 22811 $108.90
16 535323001 22811 $108.90
17 535323002 22811 $108.90
18 535323003 22811 $108.90
19 535323004 22811 $108.90
20 535323005 22811 $108.90
21 535323006 22811 $108.90
22 535323007 22811 $108.90
23 535323008 22811 $108.90
24 535323009 22811 $108.90
25 535323010 22811 $108.90
26 535323011 22811 $108.90
26 535323012 22811 $108.90
28 535323013 22811 $108.90
29 535323014 22811 $108.90
30 535323015 22811 $108.90
31 535323016 22811 $108.90
32 535323017 22811 $108.90
33 535323018 22811 $108.90
34 535323019 22811 $108.90
35 535323020 22811 $108.90
36 535323021 22811 $108.90
37 535323022 22811 $108.90
38 535323023 22811 $108.90
39 535323024 22811 $108.90
544
1 535360002 22913 $108.90 2 535360003 22913 $108.90 3 535360004 22913 $108.90 4 535360005 22913 $108.90 5 535360006 22913 $108.90 6 535360014 22913 $108.90 7 535360015 22913 $108.90 8 535360016 22913 $108.90 9 535361028 22913 $108.90 1 535380001 30186 $108.90 2 535380002 30186 $108.90 3 535380003 30186 $108.90 4 535380004 30186 $108.90 5 535380005 30186 $108.90 6 535380006 30186 $108.90 7 535380007 30186 $108.90 8 535380008 30186 $108.90 9 535380009 30186 $108.90 10 535380010 30186 $108.90
11 535381001 30186 $108.90
12 535381002 30186 $108.90
13 535381003 30186 $108.90
14 535381004 30186 $108.90
15 535381005 30186 $108.90
16 535381006 30186 $108.90
17 535381007 30186 $108.90
18 535381008 30186 $108.90
19 535381009 30186 $108.90
20 535381010 30186 $108.90
21 535381011 30186 $108.90
22 535381012 30186 $108.90
23 535381013 30186 $108.90
24 535381014 30186 $108.90
25 535381015 30186 $108.90
26 535381016 30186 $108.90
26 535381017 30186 $108.90
28 535381018 30186 $108.90
29 535381019 30186 $108.90
30 535381020 30186 $108.90
31 535381021 30186 $108.90
545
32 535381022 30186 $108.90
33 535381023 30186 $108.90
34 535381024 30186 $108.90
35 535381025 30186 $108.90
36 535381026 30186 $108.90
37 535381026 30186 $108.90
38 535381028 30186 $108.90
39 535381029 30186 $108.90
40 535381030 30186 $108.90
41 535381031 30186 $108.90
42 535382001 30186 $108.90
43 535382002 30186 $108.90
44 535382003 30186 $108.90
45 535382004 30186 $108.90
46 535382005 30186 $108.90
47 535382006 30186 $108.90
48 535382007 30186 $108.90
49 535382008 30186 $108.90
50 535382009 30186 $108.90
51 535382010 30186 $108.90
52 535382011 30186 $108.90
53 535382012 30186 $108.90
54 535382013 30186 $108.90
55 535382014 30186 $108.90
56 535382015 30186 $108.90
57 535382016 30186 $108.90
58 535382017 30186 $108.90
59 535382018 30186 $108.90
60 535382019 30186 $108.90
61 535382020 30186 $108.90
62 535382021 30186 $108.90
63 535382022 30186 $108.90
64 535382023 30186 $108.90
65 535390001 30186 $108.90
66 535390002 30186 $108.90
67 535390003 30186 $108.90
68 535390004 30186 $108.90
69 535390005 30186 $108.90
70 535390006 30186 $108.90
71 535390014 30186 $108.90
72 535390015 30186 $108.90
73 535391001 30186 $108.90
74 535391002 30186 $108.90
75 535391003 30186 $108.90
76 535391004 30186 $108.90
546
77 535391005 30186 $108.90
78 535391006 30186 $108.90
79 535391007 30186 $108.90
80 535391008 30186 $108.90
81 535391009 30186 $108.90
82 535391010 30186 $108.90
83 535391011 30186 $108.90
84 535392001 30186 $108.90
85 535392002 30186 $108.90
86 535392003 30186 $108.90
87 535392004 30186 $108.90
88 535392005 30186 $108.90
89 535392006 30186 $108.90
90 535392007 30186 $108.90
91 535392008 30186 $108.90
92 535392009 30186 $108.90
93 535392010 30186 $108.90
94 535392011 30186 $108.90
95 535392012 30186 $108.90
96 535393001 30186 $108.90
97 535393002 30186 $108.90
98 535393003 30186 $108.90
99 535393004 30186 $108.90
100 535393005 30186 $108.90
101 535393006 30186 $108.90
102 535393007 30186 $108.90
103 535393008 30186 $108.90
104 535393009 30186 $108.90
105 535393010 30186 $108.90
106 535393011 30186 $108.90
107 535393012 30186 $108.90 1 535360018 30222 $108.90 2 535360019 30222 $108.90 3 535360020 30222 $108.90 4 535360021 30222 $108.90 5 535360022 30222 $108.90 6 535360023 30222 $108.90 7 535360024 30222 $108.90 8 535360025 30222 $108.90 9 535360026 30222 $108.90 10 535360026 30222 $108.90
11 535360028 30222 $108.90
12 535360029 30222 $108.90
13 535361001 30222 $108.90
547
14 535361002 30222 $108.90
15 535361003 30222 $108.90
16 535361004 30222 $108.90
17 535361005 30222 $108.90
18 535361006 30222 $108.90
19 535361007 30222 $108.90
20 535361008 30222 $108.90
21 535361009 30222 $108.90
22 535361010 30222 $108.90
23 535361011 30222 $108.90
24 535361012 30222 $108.90
25 535361013 30222 $108.90
26 535361014 30222 $108.90
26 535361015 30222 $108.90
28 535361016 30222 $108.90
29 535361017 30222 $108.90
30 535361018 30222 $108.90
31 535361019 30222 $108.90
32 535361020 30222 $108.90
33 535361021 30222 $108.90
34 535361022 30222 $108.90
35 535361023 30222 $108.90
36 535361024 30222 $108.90
37 535361025 30222 $108.90
38 535362001 30222 $108.90
39 535362002 30222 $108.90
40 535362003 30222 $108.90
41 535362004 30222 $108.90
42 535362005 30222 $108.90
43 535362006 30222 $108.90
44 535362007 30222 $108.90
45 535362008 30222 $108.90
46 535362009 30222 $108.90
47 535362010 30222 $108.90
48 535362011 30222 $108.90
49 535362012 30222 $108.90
50 535362013 30222 $108.90
51 535362014 30222 $108.90
52 535362015 30222 $108.90
53 535400001 30222 $108.90
54 535400002 30222 $108.90
55 535400003 30222 $108.90
56 535400004 30222 $108.90
57 535400005 30222 $108.90
58 535400006 30222 $108.90
548
59 535400007 30222 $108.90
60 535400008 30222 $108.90
61 535400009 30222 $108.90
62 535400010 30222 $108.90
63 535400011 30222 $108.90
64 535400012 30222 $108.90
65 535400013 30222 $108.90
66 535400014 30222 $108.90
67 535400015 30222 $108.90
68 535400016 30222 $108.90
69 535400017 30222 $108.90
70 535400018 30222 $108.90
71 535400019 30222 $108.90
72 535400020 30222 $108.90
73 535400021 30222 $108.90
74 535400022 30222 $108.90
75 535400023 30222 $108.90
76 535400024 30222 $108.90
77 535400025 30222 $108.90
78 535400026 30222 $108.90
79 535400026 30222 $108.90
80 535400028 30222 $108.90
81 535401001 30222 $108.90
82 535401002 30222 $108.90
83 535401003 30222 $108.90
84 535401004 30222 $108.90
85 535401005 30222 $108.90
86 535401006 30222 $108.90
87 535401007 30222 $108.90
88 535401008 30222 $108.90
89 535401009 30222 $108.90
90 535401010 30222 $108.90
91 535401011 30222 $108.90
92 535401012 30222 $108.90
93 535401013 30222 $108.90
94 535401014 30222 $108.90
95 535401015 30222 $108.90
96 535401016 30222 $108.90
97 535401017 30222 $108.90
98 535401018 30222 $108.90
99 535401019 30222 $108.90
100 535401020 30222 $108.90
101 535401021 30222 $108.90
102 535401022 30222 $108.90
103 535401023 30222 $108.90
549
104 535401024 30222 $108.90
105 535401025 30222 $108.90
106 535402001 30222 $108.90
107 535402002 30222 $108.90
108 535402003 30222 $108.90
109 535402004 30222 $108.90
110 535402005 30222 $108.90
111 535402006 30222 $108.90
112 535402007 30222 $108.90
113 535402008 30222 $108.90
114 535402009 30222 $108.90
115 535402010 30222 $108.90
116 535402011 30222 $108.90
117 535402012 30222 $108.90
118 535402013 30222 $108.90
119 535402014 30222 $108.90
120 535402015 30222 $108.90
121 535402016 30222 $108.90
TOTAL: Tracts 22810,22811,22913, 30186 and
30222
319 AUs $34,739.10
Number APN Tract Assessment Unit (AU)
1 419341001 21882 $113.31
2 419341002 21882 $113.31
3 419341003 21882 $113.31
4 419341004 21882 $113.31
5 419341005 21882 $113.31
6 419341006 21882 $113.31
7 419341007 21882 $113.31
8 419341008 21882 $113.31
9 419341009 21882 $113.31
10 419341010 21882 $113.31
11 419341011 21882 $113.31
12 419341012 21882 $113.31
13 419341013 21882 $113.31
14 419342001 21882 $113.31
15 419342002 21882 $113.31
16 419342003 21882 $113.31
17 419342004 21882 $113.31
18 419342005 21882 $113.31
19 419342006 21882 $113.31
20 419342007 21882 $113.31
21 419342008 21882 $113.31
22 419342009 21882 $113.31
550
23 419342010 21882 $113.31
24 419342011 21882 $113.31
25 419342012 21882 $113.31
26 419342013 21882 $113.31
26 419342014 21882 $113.31
28 419342015 21882 $113.31
29 419342016 21882 $113.31
30 419342017 21882 $113.31
31 419342018 21882 $113.31
32 419342019 21882 $113.31
33 419342020 21882 $113.31
34 419342021 21882 $113.31
35 419342022 21882 $113.31
36 419342023 21882 $113.31
37 419342024 21882 $113.31
38 419342026 21882 $113.31
39 419342026 21882 $113.31
40 419342026 21882 $113.31
41 419342028 21882 $113.31
42 419342029 21882 $113.31
43 419343001 21882 $113.31
44 419343002 21882 $113.31
45 419343003 21882 $113.31
46 419343004 21882 $113.31
47 419351001 21882 $113.31
48 419351002 21882 $113.31
49 419351003 21882 $113.31
50 419351004 21882 $113.31
51 419351005 21882 $113.31
52 419351006 21882 $113.31
53 419351007 21882 $113.31
54 419351008 21882 $113.31
55 419351009 21882 $113.31
56 419351010 21882 $113.31
57 419351011 21882 $113.31
58 419351012 21882 $113.31
59 419351013 21882 $113.31
60 419351014 21882 $113.31
61 419351015 21882 $113.31
62 419351016 21882 $113.31
63 419351017 21882 $113.31
64 419351018 21882 $113.31
65 419351019 21882 $113.31
66 419351020 21882 $113.31
67 419352001 21882 $113.31
551
68 419352002 21882 $113.31
69 419352003 21882 $113.31
70 419352004 21882 $113.31
71 419352005 21882 $113.31
72 419352006 21882 $113.31
73 419352007 21882 $113.31
74 419352008 21882 $113.31
75 419352009 21882 $113.31
76 419352010 21882 $113.31
77 419352011 21882 $113.31
78 419352012 21882 $113.31
79 419352013 21882 $113.31
80 419352014 21882 $113.31
81 419352015 21882 $113.31
82 419352016 21882 $113.31
83 419352017 21882 $113.31
84 419352018 21882 $113.31
85 419353001 21882 $113.31
86 419353002 21882 $113.31
87 419353003 21882 $113.31
88 419353004 21882 $113.31
89 419353005 21882 $113.31
90 419353006 21882 $113.31
91 419353007 21882 $113.31
92 419361001 21882 $113.31
93 419361002 21882 $113.31
94 419361003 21882 $113.31
95 419361004 21882 $113.31
96 419361005 21882 $113.31
97 419361006 21882 $113.31
98 419361007 21882 $113.31
99 419361008 21882 $113.31
100 419361009 21882 $113.31
101 419361010 21882 $113.31
102 419361011 21882 $113.31
103 419361012 21882 $113.31
104 419361013 21882 $113.31
105 419361014 21882 $113.31
106 419361015 21882 $113.31
107 419361016 21882 $113.31
108 419361017 21882 $113.31
109 419361018 21882 $113.31
110 419361019 21882 $113.31
111 419362001 21882 $113.31
112 419362002 21882 $113.31
552
113 419362003 21882 $113.31
114 419362004 21882 $113.31
115 419362005 21882 $113.31
116 419362006 21882 $113.31
117 419362007 21882 $113.31
118 419362008 21882 $113.31
119 419362009 21882 $113.31
120 419362010 21882 $113.31
121 419362011 21882 $113.31
122 419362012 21882 $113.31
123 419362013 21882 $113.31
124 419362014 21882 $113.31
125 419362015 21882 $113.31 126 419362016 21882 $113.31 126 419362017 21882 $113.31 128 419363001 21882 $113.31
129 419363002 21882 $113.31
130 419363003 21882 $113.31
131 419363004 21882 $113.31
132 419363005 21882 $113.31
133 419363006 21882 $113.31
134 419363007 21882 $113.31
Number APN Tract Assessment Unit (AU) 1 537251001 23446 $113.31 2 537251002 23446 $113.31 3 537251003 23446 $113.31 4 537251004 23446 $113.31 5 537251005 23446 $113.31 6 537251006 23446 $113.31 7 537251007 23446 $113.31 8 537251008 23446 $113.31 9 537251009 23446 $113.31 10 537251010 23446 $113.31
11 537251011 23446 $113.31
12 537252001 23446 $113.31
13 537252002 23446 $113.31
14 537252003 23446 $113.31
15 537252004 23446 $113.31
16 537252005 23446 $113.31
17 537252006 23446 $113.31
18 537252007 23446 $113.31
19 537252008 23446 $113.31
20 537252009 23446 $113.31
553
21 537252010 23446 $113.31
22 537252011 23446 $113.31
23 537252012 23446 $113.31
24 537252013 23446 $113.31
25 537252014 23446 $113.31
26 537252015 23446 $113.31
26 537252016 23446 $113.31
28 537252017 23446 $113.31
29 537252018 23446 $113.31
30 537252019 23446 $113.31
31 537252020 23446 $113.31
32 537252021 23446 $113.31
33 537252022 23446 $113.31
34 537252023 23446 $113.31
35 537252024 23446 $113.31
36 537252026 23446 $113.31
37 537252026 23446 $113.31
38 537252026 23446 $113.31
39 537252028 23446 $113.31
40 537252029 23446 $113.31
41 537252030 23446 $113.31
42 537252031 23446 $113.31
43 537252032 23446 $113.31
44 537252033 23446 $113.31
45 537253001 23446 $113.31
46 537253002 23446 $113.31
47 537253003 23446 $113.31
48 537253004 23446 $113.31
49 537253005 23446 $113.31
50 537253006 23446 $113.31
51 537253007 23446 $113.31
52 537253008 23446 $113.31
53 537253009 23446 $113.31
54 537253010 23446 $113.31
55 537253011 23446 $113.31
56 537253012 23446 $113.31
57 537253013 23446 $113.31
58 537253014 23446 $113.31
59 537253015 23446 $113.31
60 537253016 23446 $113.31
61 537253017 23446 $113.31
62 537253018 23446 $113.31
63 537253020 23446 $113.31
64 537253021 23446 $113.31
65 537253022 23446 $113.31
554
66 537253023 23446 $113.31
67 537253024 23446 $113.31
68 537253025 23446 $113.31
69 537253026 23446 $113.31
70 537253026 23446 $113.31
71 537253028 23446 $113.31
72 537253029 23446 $113.31
73 537253030 23446 $113.31
74 537253031 23446 $113.31
75 537253032 23446 $113.31
76 537261001 23446 $113.31
77 537261002 23446 $113.31
78 537261003 23446 $113.31
79 537261004 23446 $113.31
80 537261005 23446 $113.31
81 537261006 23446 $113.31
82 537261007 23446 $113.31
83 537261008 23446 $113.31
84 537261009 23446 $113.31
85 537261010 23446 $113.31
86 537261011 23446 $113.31
87 537261012 23446 $113.31
88 537261013 23446 $113.31
89 537261014 23446 $113.31
90 537261015 23446 $113.31
91 537261016 23446 $113.31
92 537261017 23446 $113.31
93 537261018 23446 $113.31
94 537261019 23446 $113.31
95 537261020 23446 $113.31
96 537261021 23446 $113.31
97 537261022 23446 $113.31
98 537261024 23446 $113.31
99 537261025 23446 $113.31
100 537261026 23446 $113.31
101 537261026 23446 $113.31
102 537261028 23446 $113.31
103 537261029 23446 $113.31
104 537261030 23446 $113.31
105 537261031 23446 $113.31
106 537261033 23446 $113.31
107 537261034 23446 $113.31
108 537261035 23446 $113.31
109 537261036 23446 $113.31
110 537261037 23446 $113.31
555
111 537261038 23446 $113.31
112 537261039 23446 $113.31
113 537261040 23446 $113.31
114 537261041 23446 $113.31
115 537261042 23446 $113.31
116 537261044 23446 $113.31
117 537262001 23446 $113.31
118 537262002 23446 $113.31
119 537262003 23446 $113.31
120 537262004 23446 $113.31
121 537262005 23446 $113.31
122 537262006 23446 $113.31
123 537262007 23446 $113.31
124 537262008 23446 $113.31
125 537262009 23446 $113.31
126 537263001 23446 $113.31
126 537263002 23446 $113.31
128 537263003 23446 $113.31
129 537263004 23446 $113.31
130 537263005 23446 $113.31
131 537263006 23446 $113.31
132 537263007 23446 $113.31
133 537263008 23446 $113.31
134 537263009 23446 $113.31
135 537263010 23446 $113.31
136 537263011 23446 $113.31
137 537263012 23446 $113.31
138 537263013 23446 $113.31
TOTAL: Tracts 21882 and 23446 262 AUs $30,820.32
Number APN Tract Assessment Unit (AU)
1 537030021 29721 $113.31
2 537030022 29721 $113.31
3 537030023 29721 $113.31
4 537030024 29721 $113.31
5 537030025 29721 $113.31
6 537030026 29721 $113.31
7 537030026 29721 $113.31
8 537030028 29721 $113.31
9 537030029 29721 $113.31
10 537030030 29721 $113.31
11 537030031 29721 $113.31
12 537030032 29721 $113.31
556
13 537030033 29721 $113.31
14 537030034 29721 $113.31
15 537032001 29721 $113.31
16 537032002 29721 $113.31
17 537032003 29721 $113.31
18 537032004 29721 $113.31
19 537032005 29721 $113.31
20 537032006 29721 $113.31
21 537032007 29721 $113.31
TOTAL: Tract 29721 21 AUs $2,379.51
Number APN Tract Assessment Unit (AU)
1 537260001 32109 $113.31
2 537260002 32109 $113.31
3 537260003 32109 $113.31
4 537260004 32109 $113.31
5 537261001 32109 $113.31
6 537261002 32109 $113.31
7 537261003 32109 $113.31
8 537261004 32109 $113.31
9 537261005 32109 $113.31
10 537261006 32109 $113.31
11 537261007 32109 $113.31
12 537261008 32109 $113.31
13 537261009 32109 $113.31
14 537261010 32109 $113.31
15 537261011 32109 $113.31
16 537261012 32109 $113.31
17 537261013 32109 $113.31
18 537261014 32109 $113.31
19 537261015 32109 $113.31
20 537261016 32109 $113.31
21 537261017 32109 $113.31
22 537261018 32109 $113.31
23 537261019 32109 $113.31
24 537261020 32109 $113.31
25 537261021 32109 $113.31
26 537261022 32109 $113.31
26 537261023 32109 $113.31
28 537261024 32109 $113.31
29 537261025 32109 $113.31
30 537261026 32109 $113.31
31 537261026 32109 $113.31
32 537261028 32109 $113.31
557
33 537261029 32109 $113.31
34 537261030 32109 $113.31
35 537262001 32109 $113.31
36 537262002 32109 $113.31
37 537262003 32109 $113.31
38 537262004 32109 $113.31
TOTAL: Tract 32109 38 AUs $4,305.78
Number APN Tract Assessment Unit (AU)
1 535331001 23598 $98.91
2 535331002 23598 $98.91
3 535331003 23598 $98.91
4 535331004 23598 $98.91
5 535331005 23598 $98.91
6 535331006 23598 $98.91
7 535331007 23598 $98.91
8 535331008 23598 $98.91
9 535331009 23598 $98.91
10 535331010 23598 $98.91
11 535331011 23598 $98.91
12 535332001 23598 $98.91
13 535332002 23598 $98.91
14 535332003 23598 $98.91
15 535332004 23598 $98.91
16 535332005 23598 $98.91
17 535332006 23598 $98.91
18 535332007 23598 $98.91
19 535332008 23598 $98.91
20 535332009 23598 $98.91
21 535332010 23598 $98.91
22 535332011 23598 $98.91
23 535332012 23598 $98.91
24 535332013 23598 $98.91
25 535332014 23598 $98.91
26 535332015 23598 $98.91
26 535332016 23598 $98.91
28 535332017 23598 $98.91
29 535332018 23598 $98.91
30 535332019 23598 $98.91
31 535332020 23598 $98.91
32 535332021 23598 $98.91
33 535332022 23598 $98.91
34 535332023 23598 $98.91
35 535332024 23598 $98.91
558
36 535332026 23598 $98.91
37 535332026 23598 $98.91
38 535332026 23598 $98.91
39 535332028 23598 $98.91
40 535332029 23598 $98.91
41 535332030 23598 $98.91
42 535332031 23598 $98.91
43 535333001 23598 $98.91
44 535333002 23598 $98.91
45 535333003 23598 $98.91
46 535333004 23598 $98.91
47 535333005 23598 $98.91
48 535333006 23598 $98.91
49 535333007 23598 $98.91
50 535333008 23598 $98.91
51 535333009 23598 $98.91
52 535333010 23598 $98.91
53 535333011 23598 $98.91
54 535333012 23598 $98.91
55 535333013 23598 $98.91
56 535341001 23598 $98.91
57 535341002 23598 $98.91
58 535341003 23598 $98.91
59 535341004 23598 $98.91
60 535341005 23598 $98.91
61 535341006 23598 $98.91
62 535341007 23598 $98.91
63 535341008 23598 $98.91
64 535341009 23598 $98.91
65 535341010 23598 $98.91
66 535341011 23598 $98.91
67 535341012 23598 $98.91
68 535341013 23598 $98.91
69 535341014 23598 $98.91
70 535341015 23598 $98.91
71 535341016 23598 $98.91
72 535341017 23598 $98.91
73 535341018 23598 $98.91
74 535341019 23598 $98.91
75 535342001 23598 $98.91
76 535342002 23598 $98.91
77 535342003 23598 $98.91
78 535342004 23598 $98.91
79 535342005 23598 $98.91
80 535342006 23598 $98.91
559
81 535342007 23598 $98.91
82 535342008 23598 $98.91
83 535342009 23598 $98.91
84 535342010 23598 $98.91
85 535342011 23598 $98.91
86 535342012 23598 $98.91
87 535342013 23598 $98.91
88 535343001 23598 $98.91
89 535343002 23598 $98.91
90 535343003 23598 $98.91
91 535343004 23598 $98.91
92 535343005 23598 $98.91
93 535343006 23598 $98.91
94 535343007 23598 $98.91
95 535343008 23598 $98.91
96 535350001 23598 $98.91
97 535350002 23598 $98.91
TOTAL: Tract 23598 97 AUs $9,594.27
Number APN Tract Assessment Unit (AU)
1 543210001 28252 $276.25
2 543210002 28252 $276.25
3 543210003 28252 $276.25
4 543210004 28252 $276.25
5 543210005 28252 $276.25
6 543210006 28252 $276.25
7 543210007 28252 $276.25
8 543210008 28252 $276.25
9 543210009 28252 $276.25
10 543210010 28252 $276.25
11 543210011 28252 $276.25
12 543210012 28252 $276.25
13 543210013 28252 $276.25
14 543210014 28252 $276.25
15 543210015 28252 $276.25
16 543210016 28252 $276.25
17 543210017 28252 $276.25
18 543210018 28252 $276.25
19 543210019 28252 $276.25
20 543210020 28252 $276.25
21 543210021 28252 $276.25
22 543210022 28252 $276.25
23 543210023 28252 $276.25
560
24 543210024 28252
$276.25
25 543210025 28252
$276.25
26 543210026 28252
$276.25
26 543220001 28252
$276.25
28 543220002 28252
$276.25
29 543220003 28252
$276.25
30 543220004 28252
$276.25
31 543220005 28252
$276.25
32 543220006 28252
$276.25
33 543220007 28252
$276.25
34 543220008 28252
$276.25
35 543220009 28252
$276.25
36 543220010 28252
$276.25
37 543220011 28252
$276.25
38 543220012 28252
$276.25
39 543220013 28252
$276.25
40 543220014 28252
$276.25
41 543220015 28252
$276.25
42 543220016 28252
$276.25
43 543220017 28252
$276.25
44 543220018 28252
$276.25
45 543220019 28252
$276.25
46 543220020 28252
$276.25
47 543220021 28252
$276.25
48 543220022 28252
$276.25
49 543220023 28252
$276.25
50 543220024 28252
$276.25
51 543220025 28252
$276.25
52 543220026 28252
$276.25
53 543221001 28252
$276.25
54 543221002 28252
$276.25
55 543221003 28252
$276.25
56 543221004 28252
$276.25
57 543221005 28252
$276.25
58 543221006 28252
$276.25
59 543221007 28252
$276.25
60 543221008 28252
$276.25
61 543221009 28252
$276.25
62 543221010 28252
$276.25
63 543221011 28252
$276.25
64 543221012 28252
$276.25
65 543221013 28252
$276.25
66 543221014 28252
$276.25
67 543221015 28252
$276.25
68 543221016 28252
$276.25
561
69 543221017 28252 $276.25
70 543221018 28252 $276.25
TOTAL: Tract 28252 70 AUs $19,337.50
Number APN Tract Assessment Unit (AU)
1 535241004 30793 $276.25
2 535241005 30793 $276.25
3 535241006 30793 $276.25
4 535241007 30793 $276.25
5 535241008 30793 $276.25
6 535241009 30793 $276.25
7 535241010 30793 $276.25
8 535241011 30793 $276.25
9 535241012 30793 $276.25
10 535241013 30793 $276.25
11 535241014 30793 $276.25
12 535241015 30793 $276.25
13 535241016 30793 $276.25
14 535241017 30793 $276.25
15 535241018 30793 $276.25
16 535241019 30793 $276.25
17 535241020 30793 $276.25
18 535241021 30793 $276.25
19 535241022 30793 $276.25
20 535243013 30793 $276.25
21 535243014 30793 $276.25
22 535243015 30793 $276.25
23 535243016 30793 $276.25
24 535243017 30793 $276.25
25 535243018 30793 $276.25
26 535243019 30793 $276.25
26 535243020 30793 $276.25
28 535243021 30793 $276.25
29 535243022 30793 $276.25
30 535243023 30793 $276.25
31 535243024 30793 $276.25
32 535243025 30793 $276.25
33 535244001 30793 $276.25
34 535244002 30793 $276.25
35 535244003 30793 $276.25
36 535244004 30793 $276.25
37 535245001 30793 $276.25
38 535245002 30793 $276.25
562
39 535245003 30793 $276.25
40 535245004 30793 $276.25
41 535245005 30793 $276.25
42 535245006 30793 $276.25
43 535245007 30793 $276.25
TOTAL: Tract 30793 43 AUs $11,878.75
Number APN Tract Assessment Unit (AU)
1 543230001 31833 $276.25
2 543230002 31833 $276.25
3 543230003 31833 $276.25
4 543230004 31833 $276.25
5 543230005 31833 $276.25
6 543230006 31833 $276.25
7 543230007 31833 $276.25
8 543230008 31833 $276.25
9 543230009 31833 $276.25
10 543230010 31833 $276.25
11 543230011 31833 $276.25
12 543230012 31833 $276.25
13 543230013 31833 $276.25
14 543230014 31833 $276.25
15 543230015 31833 $276.25
16 543230016 31833 $276.25
17 543230018 31833 $276.25
1 543231001 31834 $276.25
2 543231002 31834 $276.25
3 543231003 31834 $276.25
4 543231004 31834 $276.25
5 543231005 31834 $276.25
6 543231006 31834 $276.25
7 543231007 31834 $276.25
8 543231008 31834 $276.25
9 543231009 31834 $276.25
10 543231010 31834 $276.25
11 543231011 31834 $276.25
12 543231012 31834 $276.25
13 543231013 31834 $276.25
14 543231014 31834 $276.25
15 543231015 31834 $276.25
16 543231016 31834 $276.25
17 543231017 31834 $276.25
563
18 543231018 31834 $276.25
TOTAL: Tract 31833 and 31834 35 AUs $9,668.75
Number APN Tract Assessment Unit (AU)
1 543240001 31835 $276.25
2 543240002 31835 $276.25
3 543240003 31835 $276.25
4 543240004 31835 $276.25
5 543240005 31835 $276.25
6 543240006 31835 $276.25
7 543240007 31835 $276.25
8 543240008 31835 $276.25
9 543240009 31835 $276.25
10 543240010 31835 $276.25
11 543240011 31835 $276.25
12 543240012 31835 $276.25
13 543240013 31835 $276.25
14 543240014 31835 $276.25
15 543240015 31835 $276.25
16 543240016 31835 $276.25
17 543241001 31835 $276.25
18 543241002 31835 $276.25
19 543241003 31835 $276.25
20 543241004 31835 $276.25
21 543241005 31835 $276.25
22 543241006 31835 $276.25
23 543241007 31835 $276.25
24 543241008 31835 $276.25
25 543241009 31835 $276.25
26 543241010 31835 $276.25
26 543241011 31835 $276.25
28 543241012 31835 $276.25
29 543241013 31835 $276.25
30 543241014 31835 $276.25
31 543241015 31835 $276.25
32 543241016 31835 $276.25
33 543241017 31835 $276.25
Total: Tract 31835 33 $9,116.25
Number APN Tract Assessment Unit (AU)
1 535372009 30906 $276.25
564
2 535372010 30906
$276.25
3 535372011 30906
$276.25
4 535372012 30906
$276.25
5 535372013 30906
$276.25
6 535372014 30906
$276.25
7 535372015 30906
$276.25
8 535372016 30906
$276.25
9 535372017 30906
$276.25
10 535373001 30906
$276.25
11 535373002 30906
$276.25
12 535373003 30906
$276.25
13 535373004 30906
$276.25
14 535410001 30906
$276.25
15 535410002 30906
$276.25
16 535410003 30906
$276.25
17 535410004 30906
$276.25
18 535411001 30906
$276.25
19 535411002 30906
$276.25
20 535411003 30906
$276.25
21 535411004 30906
$276.25
22 535411005 30906
$276.25
23 535411006 30906
$276.25
24 535411007 30906
$276.25
25 535411008 30906
$276.25
26 535411009 30906
$276.25
26 535411010 30906
$276.25
28 535412001 30906
$276.25
29 535412002 30906
$276.25
30 535412003 30906
$276.25
31 535412004 30906
$276.25
32 535412005 30906
$276.25
33 535412006 30906
$276.25
34 535412007 30906
$276.25
35 535412008 30906
$276.25
36 535412009 30906
$276.25
37 535412010 30906
$276.25
38 535412011 30906
$276.25
39 535412012 30906
$276.25
40 535412013 30906
$276.25
41 535412014 30906
$276.25
42 535412015 30906
$276.25
43 535412016 30906
$276.25
44 535412017 30906
$276.25
45 535412018 30906
$276.25
46 535412019 30906
$276.25
565
47 535412020 30906
$276.25
48 535412021 30906
$276.25
49 535412022 30906
$276.25
50 535412023 30906
$276.25
51 535412024 30906
$276.25
52 535412026 30906
$276.25
53 535412026 30906
$276.25
54 535412026 30906
$276.25
55 535412028 30906
$276.25
56 535412029 30906
$276.25
57 535412030 30906
$276.25
58 535412031 30906
$276.25
59 535412032 30906
$276.25
60 535412033 30906
$276.25
61 535421001 30906
$276.25
62 535421002 30906
$276.25
63 535421003 30906
$276.25
64 535421004 30906
$276.25
65 535421005 30906
$276.25
66 535421006 30906
$276.25
67 535421007 30906
$276.25
68 535421008 30906
$276.25
69 535421009 30906
$276.25
70 535421010 30906
$276.25
71 535421011 30906
$276.25
72 535421012 30906
$276.25
73 535421013 30906
$276.25
74 535421014 30906
$276.25
75 535421015 30906
$276.25
76 535421016 30906
$276.25
77 535421017 30906
$276.25
78 535421018 30906
$276.25
79 535421019 30906
$276.25
80 535421020 30906
$276.25
81 535422001 30906
$276.25
82 535422002 30906
$276.25
83 535422003 30906
$276.25
84 535422004 30906
$276.25
85 535422016 30906
$276.25
86 535422017 30906
$276.25
87 535422018 30906
$276.25
Total: Tract 30906 87$24,033.75
566
Number APN Tract Assessment Unit (AU)
1 535422005 32370 $429.35
2 535422006 32370 $429.35
3 535422007 32370 $429.35
4 535422008 32370 $429.35
5 535422009 32370 $429.35
6 535422010 32370 $429.35
7 535422011 32370 $429.35
8 535422012 32370 $429.35
9 535422013 32370 $429.35
10 535422014 32370 $429.35
11 535423001 32370 $429.35
12 535423002 32370 $429.35
13 535423003 32370 $429.35
14 535423004 32370 $429.35
15 535423005 32370 $429.35
16 535423006 32370 $429.35
17 535423007 32370 $429.35
18 535423008 32370 $429.35
19 535423009 32370 $429.35
Total: Tract 32370 19 $8,157.65
GRAND
TOTALS:
1,034 AUs $164,031.63
567
Resolution No. 2026-XX
ATTACHMENT 4
(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
568
Resolution No. 2026-XX
ATTACHMENT 5
Landscape Maintenance District No. 1 Tracts/Zones and Assessments for Fiscal Year 2026/2027
Tract No. No. of AU Zone
Proposed Cost/AU
(FY 2026/27)
22810 43 1 $108.90
22811 39 1 $108.90
22913 9 1 $108.90
30186 107 1 $108.90
30222 121 1 $108.90
21882 134 2 $113.31
23446 138 2 $113.31
29721 21 3 $113.31
32109 38 4 $113.31
23598 97 5 $98.91
28252 70 6 $276.25
30793 43 7 $276.25
31833 17 8 $276.25
31834 18 8 $276.25
31835 33 9 $276.25
30906* 87 10 $276.25
32370 19 11 $429.35
Total 1,034 $164,031.63
AU= Assessment Unit
CPI of 3.25% applied to 2005 Annexation No. 1 and 2023 Annexation No. 2 Tracts only, Zones 6 -11.
*Tract No. 30906 has a total of 303 AU; therefore, a total of 216 remain. 569
Resolution No. 2026-XX
ATTACHMENT 6

PROJECTED ZONE RESERVE BALANCES
Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8 Zone 9 Zone 10 Zone 11 26/27
Reserve
Balance
Available
$12,697.06 $33,138.21 $2,883.20 $4,358.83 $8,511.94 $27,402.42 $18,177.96 $9,857.79 $6,815.37 $32,272.08 $11,611.98 26/27
Total
Costs
$24,004.84 $49,588.56 $3,427.42 $6,883.34 $12,730.43 $18,398.39 $6,251.78 $8,413.59 $11,014.66 $36,815.61 $5,963.76 26/27
Total
Revenue
$34,739.10 $30,820.32 $2,379.51 $4,305.78 $9,594.27 $19,337.50 $11,878.75 $9,668.75 $9,116.25 $24,033.75 $8,157.65 26/27
Rev. –
Expenses
(Costs)
$10,734.26 ($18,768.24) ($1,047.91) ($2,577.56) ($3,136.16) $939.11 $5,626.97 $1,255.16 ($1,898.41) ($12,781.86) $2,193.89 27/28
Reserve
Balance
$23,431.32 $14,369.97 $1,835.29 $1,781.27 $5,375.78 $28,341.53 $23,804.93 $11,112.95 $4,916.96 $19,490.22 $13,805.87 Note: Zones 3,4,5, and 9 have an annual structural deficit. Zones 2 and 10 will have improvement projects performed in FY 26/27 and will use their reserve balance to fund these projects.
570

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:
571
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
572

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Patrick Safari, Capital Improvement Projects Manager Art Vela, Director of Public Works
MEETING DATE: March 24, 2026
SUBJECT: Consideration of Resolution 2026-56 Approving Amendment No. 6 to the Professional Services Agreement with Albert A. Webb Associates, Inc. for an Additional Amount of $78,624 for Construction Engineering Support Services and Extending the Agreement Term to December 31, 2027, for the Sun Lakes Boulevard Extension Project
RECOMMENDATION:

Adopt Resolution 2026-56
BACKGROUND:

On April 14, 2020, City Council approved Resolution No. 2020-48 for Professional Services Agreement with WEBB for the design of the Sun Lakes Boulevard Extension Project in the amount of $548,416.05.

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 February 11, 2022, a change order to the Professional Services Agreement with WEBB was approved for out-of-scope work including coordination with Western Riverside County Regional Conservation Authority (RCA) in the amount of $24,983.25. The approval of this change order was within the City Manager’s approval authority.

On March 21, 2022, a change order to the Professional Services Agreement with WEBB was approved for out-of-scope work for the preparation of a sediment transport analysis in the amount of $5,974.88.

The approval of this change order was within the City Manager’s approval authority.

On October 11, 2022, City Council adopted Resolution 2022-139 to rescind Resolution 2022-106 and to amend the Professional Services Agreement with WEBB (“Amendment No. 1”) to include additional compensation in the amount of $148,222 and extend the term of the agreement to June 30, 2024.

Amendment No. 1 was for out-of-scope work such as storm drain system design, environmental coordination with RCA, supplemental environmental documentation and jurisdictional delineation and permitting. Amendment No. 1 increased the contract amount to $751,947.66.

On October 24, 2023, City Council adopted Resolution 2023-174, authorizing the Mayor to execute an 573
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.

On October 24, 2023, City Council adopted Resolution 2023-175 to amend the Professional Services Agreement with WEBB (“Amendment No.2”) to include additional compensation in the amount of $496,079 for continued design of the Sun Lakes Boulevard Extension. Amendment No. 2 increased the contract amount to $1,248,026.66.

On January 6, 2025, City staff amended the Professional Services Agreement with WEBB (“Amendment No.3”) to extend the Term of Agreement to June 30, 2026.

On May 27, 2025, City Council adopted Resolution 2025-70 to amend the Professional Services Agreement with WEBB (“Amendment No.4”) to include additional compensation in the amount of $57,080 for environmental permitting related biological studies for the Sun Lakes Boulevard Extension.

Amendment No. 4 increased the contract amount to $1,305,106.66.

On August 26, 2025, City Council adopted Resolution 2025-116 to amend the Professional Services Agreement with WEBB (“Amendment No.5”) to include additional compensation in the amount of $59,600 for engineering and environmental permitting services for the Sun Lakes Boulevard Extension.

Amendment No. 5 increased the contract amount to $1,364,706.66.

As the Sun Lakes Boulevard Extension Project moves from the design phase into construction, additional engineering support services are required to assist the City's Construction Management team. While the City will provide construction management and inspection services, WEBB, as the project designer, is uniquely qualified to provide Construction Engineering Support. This ensures continuity between the design intent and the final constructed product.

On January 15, 2026, WEBB submitted a proposal (Change Order No. 7) outlining the necessary construction engineering support services. The scope of work under this Amendment No. 6 includes construction engineering administration and coordination; materials submittals review; Requests for Information (RFI) reviews and responses; construction progress meetings attendance; grading quantity verification; and preparation of final record drawings.

Contract Summary:

Original Contract $ 548,416.05
Change Order No. 1 $ 24,983.25
Change Order No. 2 $ 5,974.88
Change Order No. 3 $ 148,222.00
Contingency $ 24,351.48
Change Order No. 4 $ 496,079.00
Change Order No. 5 $ 57,080.00
Change Order No. 6 $ 59,600.00
Change Order No. 7 $ 78,624.00
Total Contract Value $1,443,330.66
JUSTIFICATION:

Sun Lakes Boulevard is identified by the City of Banning General Plan Circulation Element as an Arterial Highway. The proposed extension of Sun Lakes Boulevard will ease traffic congestion on existing city streets; improve public safety and emergency response; and improve regional connectivity.

Approving Amendment No. 6 is critical to ensuring a successful construction phase. By securing WEBB's engineering support during construction, the City will have the necessary resources to navigate complex 574
technical challenges, ensure contractor accountability, and deliver a project that meets the highest standards of safety and quality.

FISCAL IMPACT:

An appropriation from the Measure A Fund Reserves from program revenues in the amount of $78,624 to Account No. 101-4900-431.93-16 is necessary to fund Amendment No. 6.

The additional project costs are eligible and expected to be reimbursed through TUMF Funds administered by WRCOG and MARA Funds administered by RCTC. The City has secured a total of $33,500,000 from these sources for the project.

ATTACHMENTS:

1. Resolution 2026-56.docx

2. Resolution No. 2020-097.pdf

2. Resolution No. 2020-048.pdf

4. Resolution No. 2022-139.pdf

5. Resolution No. 2023-174.pdf

6. Resolution No. 2023-175.pdf

7. Resolution No. 2025-070.pdf

8. Amendment #1.pdf

9. Original Services Agreement.pdf

10. Resolution No. 2025-116.pdf

11. Amendment #2.pdf

12. Amendment #3.pdf

13. Amendment #4.pdf

14. Amendment #5.pdf

15. Change Orders #1,2 and 3.pdf

16. Change Order #4.pdf

17. Change Order #5.pdf

18. Change Order #6.pdf

19. Change Order #7.pdf

20. Contract No C00660 Albert A Webb Associates - Amendment 6.pdf 575
Resolution 2026-56

RESOLUTION 2026-56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ALBERT A. WEBB ASSOCIATES, INC. FOR AN ADDITIONAL AMOUNT OF $78,624 FOR

CONSTRUCTION ENGINEERING SUPPORT SERVICES AND EXTENDING THE AGREEMENT TERM TO DECEMBER 31, 2027, FOR THE SUN LAKES BOULEVARD EXTENSION PROJECT.

WHEREAS, on April 14, 2020, under Resolution No. 2020-48, the City Council approved the Professional Services Agreement with Albert A. Webb Associates, Inc. for the design of Sun Lakes Boulevard Extension in the amount of $548,416.05; 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. 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; and WHEREAS, on February 11, 2022, change order no.1 to the Professional Services Agreement with WEBB was approved for out-of-scope work including coordination with Western Riverside County Regional Conservation Authority (RCA) in the amount of $24,983.25; and WHEREAS, on March 21, 2022, a change order no.2 to the Professional Services Agreement with WEBB was approved for out-of-scope work including a sediment transport analysis in the amount of $5,974.88; and
WHEREAS, on October 11, 2022, City Council adopted Resolution 2022-139 to rescind Resolution 2022-106 and to amend the Professional Services Agreement with WEBB (“Amendment No. 1”) to include additional compensation in the amount of $148,222 (change order no.3) and extend the term of the agreement to June 30, 2024. Amendment No. 1 was for out-ofscope work such as storm drain system design, environmental coordination with RCA, supplemental environmental documentation and jurisdictional delineation and permitting.

Amendment No. 1 increased the contract amount to $751,947.66; 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 October 24, 2023, City Council adopted Resolution 2023-175 to amend the Professional Services Agreement with WEBB (“Amendment No.2”) to include additional compensation in the amount of $496,079 for continued design of the Sun Lakes Boulevard Extension increasing the contract amount to $1,248,026.66; and WHEREAS, On January 6, 2025, City staff amended the Professional Services Agreement with WEBB (“Amendment No.3”) to extend the Term of Agreement to June 30, 2026; and
576
Resolution 2026-56

WHEREAS, On May 27, 2025, City Council adopted Resolution 2025-70 to amend the Professional Services Agreement with WEBB (“Amendment No.4”) to include additional compensation in the amount of $57,080 for environmental permitting related biological studies for the Sun Lakes Boulevard Extension increasing the contract amount to $1,305,106.66; and WHEREAS, On August 26, 2025, City Council adopted Resolution 2025-116 to amend the Professional Services Agreement with WEBB (“Amendment No.5”) to include additional compensation in the amount of $59,600 for engineering and environmental permitting services for the Sun Lakes Boulevard Extension increasing the contract amount to $1,364,706.66; and WHEREAS, as the Sun Lakes Boulevard Extension Project moves from the design phase into construction, additional engineering support services are required to assist the City's Construction Management team including construction engineering administration and coordination; materials submittals review; Requests for Information (RFI) reviews and responses; construction progress meetings attendance; grading quantity verification; and preparation of final record drawings; and
WHEREAS, an appropriation from the Measure A Fund in the amount of $78,624 to Account No. 101-4900-431.93-16 is necessary to fund Amendment No.6; and WHEREAS, the additional project costs are eligible and expected to be reimbursed through TUMF Funds administered by WRCOG and MARA Funds administered by RCTC totaling $33,500,000.

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

SECTION 1. The City Council approves Amendment No. 6 to the Professional Services Agreement with Albert A. Webb Associates, Inc. for an additional amount of $78,624 for construction engineering support services for Sun Lakes Boulevard Extension.

SECTION 2. The City Council authorizes the City Manager, or their designee, to execute Amendment No.6 to the Professional Services Agreement with Albert A. Webb Associates, Inc.

SECTION 3. City Council authorizes the City Manager to make necessary non-substantive changes and execute Amendment No.6 to the Professional Services Agreement with Albert A.

Webb Associates, 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 24th day of March 2026.

Richard Royce, Mayor
City of Banning
ATTEST:
577
Resolution 2026-56

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

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
578
Resolution 2026-56

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-56, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 24th day of March 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
579
Resolution 2026-56

EXHIBIT A
Amendment No.6 to the Professional Services Agreement with WEBB 580
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
581
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
2 582
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
583
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
584
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
585
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
586
RESOLUTION 2022-139

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH ALBERT A. WEBB ASSOCIATES, INC. FOR AN ADDITIONAL AMOUNT OF $ 148,222 FOR THE DESIGN OF SUN LAKES BOULEVARD EXTENSION; EXTENDING THE TERM OF AGREEMENT TO JUNE 30, 2024; AND RESCINDING RESOLUTION 2022-106
WHEREAS, on April 14, 2020, under Resolution No. 2020-48, the City Council approved the Professional Services Agreement with Albert A. Webb Associates, Inc. for the design of Sun Lakes Boulevard Extension in the amount of $548,416.05, and a 10% contingency for a total of $603,725.66; 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; and WHEREAS, on February 11, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for out-of-scope work including coordination with• Western Riverside County Regional Conservation Authority RCA in the amount of $24, 9873.25, paid from contingency funds; and
WHEREAS, on March 21, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for the preparation of sediment transport in the amount of $5,974.88, paid from contingency funds; and
WHEREAS, on May 12, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for additional out of scope work such as storm drain system design, environmental coordination with Wildlife Agencies and Western Riverside County Regional Conservation Authority ( RCA), supplemental environmental documentation and jurisdictional delineation and permitting in the amount of $148,222; and WHEREAS, Amendment No.1 will amend the purchase order by adding an additional $ 148,222; and
WHEREAS, Amendment No. 1 will also extend the term of the Agreement to June 30,2024;and
WHEREAS, an appropriation from the Measure A Fund in the amount of $148,222 to Account No. 101-4900-431.93-16 is necessary to cover the change orders; and Resolution 2022- 139

587
WHEREAS, the project , including Amendment No . 1 is fully funded by the TUMF program up to $1 ,000 ,000.

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

SECTION 1 . City Council hereby approves Amendment No. 1 to the Professional Services Agreement with Albert A. Webb Associates , Inc. for an additional $ 148, 222 for the Design of Sun Lakes Boulevard Extension and extend the term of the agreement to June 30 , 2024.

SECTION 2. The City Manager or designee is authorized to make necessary budget adjustments, appropriations and transfers related to the Professional Services Agreement Amendment No. 1 with Albert A. Webb Associates , Inc.

SECTION 3. The City Manager or designee is authorized to execute Amendment No . 1 to the Professional Services Agreement with Albert A. Webb Associates , Inc.

PASSED, APPROVED AND ADOPTED this 11th day of October 2022 .

ATTEST:

Caroline Patton , DeQiycitycierk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Se~~
Richards, Watson & Gershon
Resolution 2022-139

City of Banning
588
CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California , do hereby certify that the foregoing Resolution 2022- 139 , was duly adopted by the City Council of the City of Banning, California , at a regular meeting thereof held on the 11th day of October 2022 by the following vote , to wit:

AYES: Happe , Minjares, Sanchez , and Wallace .

NOES:

ABSENT:

ABSTAIN:

Resolution 2022-139

Caroline Patton, De City Clerk
City of Banning , Californ ia
589
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

Alberto S ch z, Mayor
City of B nning
590
ATTEST:

Caroline Patton , De
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:
lg--
Serita R. Young, City Attorney
Richards , Watson & Gershon
Resolution 2023-174

591
CERTIFICATION:

I, Caroline Patton , Deputy City Clerk of the City of Bann ing , Cal iforn ia , do hereby certify that the foregoing Resolution 2023-174 , was duly adopted by the City Council of the City of Banning , California , at a regular meeting thereof held on the 24th day of October 2023 by the following vote , to wit:

AYES : Flynn , Gonzales , Minjares , Sanchez , and Wallace .

NOES:

ABSENT:

ABSTAIN:

Resolution 2023-174

Caroline Patton , Dep City Clerk
City of Banning , Califo mia
592
Resolution 2023- 174

EXHIBIT A
Grant Agreement
593
Agreement No. 23-72-091- 00

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

WITH THE CITY OF BANNING
l. Parties and Date.

1.1 This Agreement is executed and entered into this_ day of __ ~ 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 ( 112%) 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
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 17336.02600\32593628. I
594
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 City without 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 ofwork 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 ofthis 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.
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 17336.02600\32593628. I 2
595
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, ifthe 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 ofthe 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 ofthis 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.

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 ofthe Agreement, or from being reimbursed by RCTC for such expenditures.

However, the City understands and acknowledges that any expenditure offunds 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. l 7336. 02600\ 32593628. l 3
596

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 terminates this 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 ofthe invoices and requesting additional info1mation. 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 ofTermination 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 ofthe notice oftermination.

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 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.

I7336.02600\32593628. l 4
597

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~-, 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 ~-
3 .1 l Progress Reports. RCTC may request the City to provide RCTC with progress reports 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 subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence ofRCTC. 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 ofthe City or its subcontractors 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 ofthis 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 ofthe types and in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be 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 I7336.02600\32593628. l 5
598
Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;

3.13. l.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 ofnot 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 ofthe City for reimbursement ofall or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. Ifthe meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC' s decision as to the eligibility of one or more invoices to RCTC' s Executive Director. The City may appeal the decision ofthe 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.

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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 ofRCTC' s Representative, which approval will not be unreasonably withheld, provided that extensions oftime 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 ofthis 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 because of race, religion, color, national origin, ancestry, sex or age. Such nondiscrimination 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.
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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
99 East Ramsey Street
Banning, CA 92220
AT1N: City Manager
RCTC
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Mailing address: P.O. Box 12008
Riverside, CA 92501
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 provisions set 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 ofthis 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.

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 ofRCTC.

Any personnel performing services on the Work shall at all times be under the exclusive direction l7336. 02600\ 32593628, I 8
601
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. 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.

Signatures on following page]
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602

SIGNATURE PAGE
TO

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

RIVERSIDE COUNTY

TRANSPORTATION COMMISSION
By:

Anne Mayer, Executive Director
APPROVED AS TO FORM:

By:

Best, Best & Krieger
Counsel to the Riverside County
Transportation Commission
17336.02600\32593628. l 10

CITY OF BANNING
By:

Alberto Sanchez, Mayor
ATTEST:

By:

Caroline Patton, City Clerk
APPROVED AS TO FORM:

By:
603
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 Davs
Exhibit A
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7336,02600\ 32593628. 1
EXHIBIT " B"

PROJECT LOCATION MAP

RAMSEY ST
1-10

VICINITY MAP
N.1.S
Exhibit B
WESTWARD WAY ~
0 ii:
8 ~ <:>
i
605
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 subcontractors 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. Ifthe 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 mvo1ce.

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 ----------------
Invoice No. -------------
Exhibit C
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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 the Work; ( 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.

Exhibit C
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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 ofCity' 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.

Exhibit " C- 1"
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608

1.2 FIXED FEE.

1.1.2.3 Overhead Costs
The Decimal ratio ofAllowable 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)

1.2.1 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 ofthe Services completed at the end of each billing period, as determined in the sole discretion of the City. Consultant shall 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
Per Diem
Car mileage
Travel
Computer Charges
Photocopies
Blueline
LD Telephone
Fax
Photographs

REIMBURSEMENT RATE
insert charges__]
day
mile
trip
hour
copy
sheet
call
sheet
sheet
Travel by air and travel in excess of I00 miles from the Consultant' s office nearest to City' s office must have City' s prior written approval to be reimbursed under this Agreement.

Exhibit " C~ l"
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609

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
Project Manager
Sr. Engineer/ Planner
Project Engineer/ Planner
Assoc. Engineer/ Planner
Technician
Drafter/ CADD Operator
Word Processor
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
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.

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 ofWork, shall be listed separately. The charges for Exhibit " C- 1"
l7336.02600\32593628.1
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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.

Exhibit " C- 1"
J7336.02600\32593628. l
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Date
Ms. Anne Mayer
Executive Director
EXHIBIT " C-2"
Sample Cover Letter to RCTC
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:

Total Invoiced to Date:

Total Previously Invoiced:

Balance Remaining:

Amount due this Invoice:
0,000, 000. 00
0,000, 000. 00
0,000, 000. 00
0,000, 000. 00
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:
l 7336. 02600\ 32593628. l
Exhibit " C- 2"
612
EXHIBIT " C-3"
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] This is 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:

Authorized Extra Work ( ifApplicable)
TOTAL AUTHORIZED CONTRACT AMOUNT:

Total Invoice to Date:

Total Previously Billed:

Balance Remaining:

Amount Due this Invoice:
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
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"
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REPORTING PERIOD:

PROGRESS REPORT:

EXIDBIT C-4
Sample Progress Report
Month/ Date/ Year to Month/ Date/ Year
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
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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_ day of __ ~ 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
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 I7336. 02600\ 32593628. I
615
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 ofRCTC.

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 City without 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 ofthe Work; and ( 4) expenses for items ofwork 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 ofthis 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.

3.3 City' s Funding Obligation to Complete the Work. In the eventthatthe 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 17336.02600\32593628. I 2
616
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, ifthe 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 ofthe 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 ofthis 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 ofMARA 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.

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 offunds 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. 17336.02600\32593628.1 3
617

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 terminates this 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 oftermination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3 .14.2, including but not limited to conducting a review ofthe 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 ofTermination for Cause. In the eventthatthe 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 ofthe notice oftermination.

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 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. l7336.02600\32593628. l 4
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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 seg .. 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 seg.

3.11 Progress Reports. RCTC may request the City to provide RCTC with progress reports 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 ofthe City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence ofRCTC. 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 ofthe City or its subcontractors whatsoever, regardless offault, 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 ofany 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 ofany cause ofaction arising out ofthis 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 ofthe types and in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be 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 I7336. 02600\ 32593628. I 5
619
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 ofnot less than $1,000, 000. 00 Professional liability insurance shall only be required ofdesign 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 ofthe City for reimbursement ofall or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. Ifthe meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC' s decision as to the eligibility of one or more invoices to RCTC' s Executive Director. The City may appeal the decision ofthe Executive Director to the full RCTC Board, the decision ofwhich shall be final. Additional details concerning the procedure for the City' s submittal ofinvoices 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 ofthis 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.
17336.02600\ 32593628. 1 6
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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 ofRCTC' 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 423 l 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 because of race, religion, color, national origin, ancestry, sex or age. Such nondiscrimination 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. Ifeither 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.
l7336. 02600\ 32593628. l 7
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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
99 East Ramsey Street
Banning, CA 92220
ATTN: City Manager
RCTC
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Mailing address: P.O. Box 12008
Riverside, CA 92501
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 provisions set 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 ofthis 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.

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 ofRCTC.

Any personnel performing services on the Work shall at all times be under the exclusive direction l7336.02600\32593628. l 8
622
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. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means ofelectronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

Signatures on following page]
17336.02600\ 32593628. 1 9
623

SIGNATURE PAGE
TO

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

RIVERSIDE COUNTY

TRANSPORTATION COMMISSION
By:

Anne Mayer, Executive Director
APPROVED AS TO FORM:

By:

Best , Best & Krieger
Counsel to the Riverside County
Transportation Commission
17336 .02600\32593628.1

CITY OF BANNING
By:

Alberto ~ he ez , Mayor
I
ATTEST:

By:

APPROVED AS TO FORM:

By:
624
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
17336.02600\32593628. I
625
7336.02600\32593628.1
EXHIBIT " B"

PROJECT LOCATION MAP
RAMSEY Sl
HO
1ST ST

VICINITY MAP
N.l.S
Exhibit 8
WESTWARD WAY ~
lf-;::.._.--------1 <
0 2
8 Cc::
0 C
u,
626
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 subcontractors 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. Ifthe 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 mvo1ce.

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 ---------------
Invoice No. -------------
Exhibit C
l7336.02600\32593628. l
627

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 the Work; ( 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.

Exhibit C
I7336. 02600\ 32593628. I
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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 L_INSERT WRITTEN DOLLAR AMOUNT _ J ($_INSERT NUMERICAL DOLLAR AMOUNT _ J without written approval ofCity' s City Engineer (" Total Compensation").

1. ELEMENTS OF COMPENSATION.

Compensation for the Work will be comprised ofthe 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 ofPayroll 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.

Exhibit " C-1"
l7336.02600\32593628. l
629

1.2 FIXED FEE.

1.1.2.3 Overhead Costs
The Decimal ratio ofAllowable 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)

1.2.1 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 ofthe Services completed at the end of each billing period, as determined in the sole discretion of the City. Consultant shall 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
Per Diem
Car mileage
Travel
Computer Charges
Photocopies
Blueline
LD Telephone
Fax
Photographs

REIMBURSEMENT RATE
insert charges__]
day
mile
trip
hour
copy
sheet
call
sheet
sheet
Travel by air and travel in excess of 100 miles from the Consultant' s office nearest to City' s office must have City' s prior written approval to be reimbursed under this Agreement.

Exhibit " C- 1"
l7336.02600\32593628. l
630

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
Project Manager
Sr. Engineer/ Planner
Project Engineer/ Planner
Assoc. Engineer/ Planner
Technician
Drafter/ CADD Operator
Word Processor
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/hour
00 -$ . 00/ hour
00 -$ . 00/ hour
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.

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 charges for Exhibit " C- I"
l 7336.02600\32593628. I
631
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.

Exhibit " C- 1"
17336.02600\32593628.1
632
Date
Ms. Anne Mayer
Executive Director
EXHIBIT " C-2"
Sample Cover Letter to RCTC
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 9250 I
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:

Total Invoiced to Date:

Total Previously Invoiced:

Balance Remaining:

Amount due this Invoice:
0,000, 000. 00
0,000, 000. 00
0,000, 000. 00
0,000, 000. 00
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:
17336.02600\32593628. l
Exhibit " C- 2"
633
EXHIBIT " C-3"
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] This is 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:

Authorized Extra Work ( ifApplicable)
TOTAL AUTHORIZED CONTRACT AMOUNT:

Total Invoice to Date:

Total Previously Billed:

Balance Remaining:

Amount Due this Invoice:
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
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
I7336. 02600\ 32593628. I
Exhibit " C-3"
634
REPORTING PERIOD:

PROGRESS REPORT:

EXHIBIT C-4
Sample Progress Report
Month/ Date/ Year to Month/ Date/ Year
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 I final PS& E
B. Current/ Potential Problems Encountered & Corrective Action Problems
None
C. Work Planned Next Period
Corrective Action
None
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
17336.02600\32593628. l
635
RESOLUTION 2023-175

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH ALBERT A. WEBB ASSOCIATES, INC. FOR AN ADDITIONAL AMOUNT OF $ 496,079 FOR THE CONTINUED DESIGN OF THE SUN LAKES

BOULEVARD EXTENSION
WHEREAS, on February 18, 2020, the Public Works Department released a Request for Proposals for the design of the Sun Lakes Boulevard Extension ( also known as the Westward Avenue Extension) and on March 10, 2020, two proposals were received from Albert A. Webb Associates, Inc. and Engineering Resources of Southern California (ERSC) in the amount of $548,416.05 and $ 849,674.30 respectively; and WHEREAS, on April 14, 2020, under Resolution No. 2020-48, the City Council approved the Professional Services Agreement with Albert A. Webb Associates, Inc. for the design of Sun Lakes Boulevard Extension in the amount of $548,416.05; 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; and WHEREAS, on February 11, 2022, a change order ( change order 1) to the Professional Services Agreement with WEBB was approved for out-of-scope work including coordination with Western Riverside County Regional Conservation Authority RCA) in the amount of $24,983.25; and
WHEREAS, on March 21, 2022, a change order ( change order 2) to the Professional Services Agreement with WEBB was approved for out-of-scope work including a sediment transport analysis in the amount of $5,974.88; and WHEREAS, on October 11, 2022, City Council adopted Resolution 2022-139 to rescind Resolution 2022-106 and to amend the Professional Services Agreement with WEBB (" Amendment No. 1 ") to include additional compensation in the amount of 148,222 ( change order 3) and extend the term of the agreement to June 30, 2024.

Amendment No. 1 was for out-of-scope work such as storm drain system design, environmental coordination with RCA, supplemental environmental documentation and jurisdictional delineation and permitting. Amendment No. 1 increased the contract amount to $751,947.66; and
WHEREAS, Kinder Morgan operates two (2) pipelines in the City of Banning which are located in easements dedicated to Kinder Morgan from 1955 and 1957 in Westward Avenue north of the proposed road centerline between Highland Home Road and Sunset Avenue within the proposed alignment of the Sun Lakes Boulevard Extension project; and
Resolution 2023- 175

636
WHEREAS, the City understands that the roadway alignment must clear the Kinder Morgan easements as quickly as practicable and this late direction from Kinder Morgan requires portions of the roadway to be redesigned; and WHEREAS, as project revisions have become necessary, City Staff has been in communication with WRCOG staff to ensure that further design efforts are consistent with the Reimbursement Agreement between the City and WRCOG; and WHEREAS, Amendment 2 will amend the Professional Services Agreement by adding an additional $496,079 to cover Change Order No.4; and WHEREAS, an appropriation from the Measure A Fund in the amount of $496,079 to Account No. 101-4900-431.93-16 is necessary to cover the change orders; and WHEREAS, the project is funded by the TUMF program up to $ 1,000,000, therefore the additional expenditures related to Amendment No. 2 will be partially reimbursed by the TUMF program, which has a current balance of $307,164.39; and WHEREAS, the City intends to request additional TUMF funding in the amount of 350,000 including contingency.

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

SECTION 1. The City Council approves Amendment No. 2 to the Professional Services Agreement with Albert A Webb Associates, Inc. for an additional $496,079 for the Design of Sun Lakes Boulevard Extension.

SECTION 2. City Council authorizes the City Manager or designee to make necessary budget adjustments, appropriations and transfers related to Amendment No. 2 to the Professional Services Agreement with Albert A Webb Associates, Inc. for the Design of Sun Lakes Boulevard Extension.

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 20~3.

Resolution 2023- 175

Alberto
City of B
637
ATTEST:

Caroline Patton , Depu
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
Resolution 2023-175

638
CERTIFICATION:

I, Caroline Patton , Deputy City Clerk of the City of Banning , California, do hereby certify that the foregoing Resolution 2023-175 , was duly adopted by the City Council of the City of Banning, California , at a regular meeting thereof held on the 24th day of October 2023 by the following vote , to wit:

AYES: Flynn , Gonzales , Minjares, Sanchez, and Wallace.

NOES :

ABSENT:

ABSTAIN:

Resolution 2023- 175

Caroline Patton , Dep City Clerk
City of Banning, California
639
Exhibit A
Draft Agreement with Albert A. Webb Associates Inc.

Resolution 2023- 175

640
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT ( C00660)

FOR THE DESIGN OF SUN LAKES BOULEVARD EXTENSION BY AND
BETWEEN THE CITY OF BANNING AND ALBERT A. WEBB ASSOCIATES THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL
DESIGN SERVICES (" Amendment No. 2") by and between the CITY OF BANNING (" City") and ALBERT A. WEBB ASSOCIATES, a California Corporation (" Consultant") is effective as of this day: _____________ _

RECITALS
A. City and Consultant entered into that certain Agreement for Professional Design Services dated June 23, 2020 (" Agreement") whereby Consultant agreed to provide Design Services for the Design of Sun Lakes Boulevard Extension following a Request for Proposals for an amount not to exceed Five- Hundred Forty- Eight Thousand Four Hundred Sixteen Dollars and Five Cents ($ 548, 416. 05). The agreement included a 10% Contingency of Fifty Four Thousand Eight Hundred Forty One Dollars and Sixty One Cents ($ 54, 841. 61) for a total contract amount of Six Hundred Three Thousand Seven Hundred Twenty Five Dollars and Sixty Six Cents 603, 725. 66) The Term of the Agreement was to commence on June 23, 2020, and continue in full force and effect until October 3, 2022.

B. On February 11, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for out- of- scope work including coordination with Western Riverside County Regional Conservation Authority ( RCA) in the amount of $24, 983. 25, leaving a contingency balance of$29, 858. 36.

C. On March 21, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for the preparation of a sediment transport analysis ( out of scope) in the amount of $5,974. 88, leaving a contingency balance of $23, 883. 48.

D. On August 23, 2022 City Council adopted City Council Resolution 2022- 106 which authorized the increase in compensation for services provided under the Agreement by One Hundred Twenty- Nine Thousand Four Hundred Dollars ($ 129, 400. 00).

E. On October 11, 2022, City Council Adopted City Council Resolution 2022- 139 to rescind Resolution 2022- 106 and amend the Agreement to include additional compensation in the amount of One Hundred Forty- Eight Thousand Two Hundred Twenty- Two Dollars ($ 148, 222. 00) for a new contract total of Seven Hundred Fifty- One Thousand Nine Hundred Forty- Seven Dollars and Sixty- Six Cents ($ 751, 947. 66) and to extend the term ofthe Agreement through June 30, 2024.

F. City and Consultant now desire to amend the Agreement to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum by Four Hundred Ninety- Six Thousand Seventy- Nine Dollars ($ 496, 079. 00) for a total not to exceed amount of One Million Two Hundred Forty- Eight Thousand Twenty- Six Dollars and Sixty- Six 641
Cents ($ 1,248, 026. 66).

TERMS

1. Contract Changes. The Agreement is amended as provided herein. a) Section 2.1 -" Contract Sum" of the Agreement is amended to provide that Consultant' s total compensation shall not to exceed One Million Two Hundred Forty- Eight Thousand Twenty- Six Dollars and Sixty- Six Cents ($ 1,248, 026. 66). b) Section 3.4 -" Term" of the Agreement is hereby amended to extend the Agreement term to June 30, 2025.
c) Section 1.1, Exhibit " A" and Exhibit " D" - The Scope of Services as set forth in Section 1.1 of and Exhibits A and D to the Agreement is hereby amended to include the Services set forth in Attachment 1, attached hereto and incorporated herein.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2 , all provisions of the Agreement as amended by Amendment No. 1, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term Agreement" appears in the Agreement, it shall mean the Agreement, as amended by Amendments Nos. I through 2 to the Professional Services Agreement. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement or Amendments No. 1through 2, the provisions of this Amendment No. 2 shall control.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid and binding obligation.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that ( i) such party is duly organized and existing, ( ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, ( iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Agreement, and ( iv) the entering into this Amendment No. 2 does not violate any provision of any other Agreement to which said party is bound.

6. Counterparts. This Amendment No. 2 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

7. Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document 642
transmitted by such Party (" electronic signature"). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.

SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 2 to the Agreement the day and year first hereinabove written.

CITY OF BANNING
Douglas Schulze,
City Manager
ATTEST:

Caroline Patton
Deputy City Clerk
APPROVED AS TO FORM:

Richards, Watson & Gershon
Serita R. Young
City Attorney
Date
Date
Date

CONSULTANT
Dilesh Sheth
Vice President
NAME:
95- 1723730
Tax ID No.

Address:
3788 McCray Street
Riverside, CA 92506
Date
Date
City Council Approval: _____ _
644
RESOLUTION 2025-70

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, 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
WHEREAS, on April 14, 2020, under Resolution No. 2020-48, the City Council approved the Professional Services Agreement with Albert A. Webb Associates, Inc. for the design of Sun Lakes Boulevard Extension in the amount of $548,416.05; 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; and WHEREAS, on February 11, 2022, a change order (change order 1) to the Professional Services Agreement with WEBB was approved for out-of-scope work including coordination with Western Riverside County Regional Conservation Authority (RCA) in the amount of $24,983.25; and
WHEREAS, on March 21, 2022, a change order ( change order 2) to the Professional Services Agreement with WEBB was approved for out-of-scope work including a sediment transport analysis in the amount of $5,974.88; and
WHEREAS, on October 11, 2022, City Council adopted Resolution 2022-139 to rescind Resolution 2022-106 and to amend the Professional Services Agreement with WEBB Amendment No. 1") to include additional compensation in the amount of $148,222 (change order 3) and extend the term of the agreement to June 30, 2024. Amendment No. 1 was for out-ofscope work such as storm drain system design, environmental coordination with RCA, supplemental environmental documentation and jurisdictional delineation and permitting.

Amendment No. 1 increased the contract amount to $751,947.66; and WHEREAS, on October 24, 2023, City Council adopted Resolution 2023-175 to amend the Professional Services Agreement with WEBB (" Amendment No.2") to include additional compensation in the amount of $496,079 for continued design of the Sun Lakes Boulevard Extension increasing the contract amount to $1,248,026.66; and WHEREAS, under the existing Professional Services Agreement, WEBB is working on securing regulatory permits from the Regional Water Quality Control Board ( RWQCB) and the California Department of Fish and Wildlife ( CDFW). To obtain these permits, pre-construction biological investigations are one of the prerequisites that must be met; and WHEREAS, the scope of work includes pre-construction Nesting Bird Survey, Burrowing Owl Inspection survey and report; Bumble Bee habitat surveys and reports; Biological Worker's Environmental Awareness Program ( WEAP) Training; and WEBB Management of Biological Services; and
WHEREAS, the biological investigations are time sensitive because they can only be conducted during certain months of the year; and
Resolution 2025-70