RESOLUTION 2026-02 UA
A RESOLUTION OF THE UTILITY AUTHORITY OF THE CITY OF BANNING, CALIFORNIA,
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH WATER RESOURCES ECONOMICS, LLC, IN THE AMOUNT OF $108,805 FOR PREPARATION OF THE CITY'S 2027
WATER AND WASTEWATER RATE STUDY
WHEREAS, the Banning Utility Authority is responsible for establishing water and wastewater rates sufficient to fund utility operations, maintenance, debt service, capital improvements, regulatory compliance, reserves, and other utility obligations; and WHEREAS, the rate schedule established by Ordinance No. 1587 includes a final annual adjustment effective January 1, 2027, and a comprehensive rate study is needed to support rates proposed to take effect thereafter; and
WHEREAS, on June 17, 2026, the City issued a Request for Proposals for preparation of the City's 2027 Water and Wastewater Rate Study, and five proposals were received by the July 20, 2026 deadline; and
WHEREAS, an evaluation committee reviewed and scored the proposals based on qualifications, pricing, experience, professional references, and approach and methodology, and Water Resources Economics, LLC, received the highest overall ranking; and WHEREAS, Water Resources Economics, LLC, has proposed to perform the required services for an amount not to exceed $108,805, with $65,283 funded by the Water Operations Fund and $43,522 funded by the Wastewater Operations Fund.
NOW, THEREFORE, BE IT RESOLVED by the Banning Utility Authority of the City of Banning as follows:
SECTION 1. The Banning Utility Authority approves the Professional Services Agreement with Water Resources Economics, LLC, in an amount not to exceed $108,805 for preparation of the City's 2027 Water and Wastewater Rate Study, and authorizes the City Manager to execute the agreement and any related documents and to approve necessary non-substantive changes consistent with the intent of this resolution.
SECTION 2. The Utility Authority authorizes the City Manager, or designee, to make any necessary budget adjustments, appropriations, and transfers consistent with 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 25th day of August 2026.
Richard Royce, Chairperson
Banning Utility Authority
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ATTEST:
Sandra Calderon, Secretary
Banning Utility Authority
APPROVED AS TO FORM:
Phaedra Norton, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
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CERTIFICATION:
I, Sandra Calderon, Secretary of the Banning Utility Authority, do hereby certify that the foregoing Resolution 2026-02 UA, was duly adopted by the Utility Authority of the City of Banning, California, at a regular meeting thereof held on the 25th day of August 2026 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Secretary
Banning Utility Authority
825
Resolution 2026-02 UA
Exhibit A
Agreement
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TABLE OF CONTENTS
Statement of Understanding & Approach .................................................................................. 1 Project Schedule ...................................................................................................................... 9 Company Information..............................................................................................................10 Company Personnel ................................................................................................................13 Disclosure...............................................................................................................................16 Experience & References .........................................................................................................16 Additional Information.............................................................................................................18 829
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STATEMENT OF UNDERSTANDING & APPROACH
WRE staff members have advised and developed rates for more than 150 water agencies in California. We are known for our thoroughness, technical expertise, and ability to communicate the complexities of rate studies to agency staff, boards and city councils, and the public. Our ultimate priority is to develop rate studies that are understandable, equitable, transparent, and legally defensible. We work diligently to make the adoption process as smooth as possible. To achieve that goal, we maintain clear and frequent communication with our client over the project’s lifetime, ensuring agreement on data inputs and study methodologies. This includes the Proposition 218 approval process, during which we ensure compliance with all procedural requirements. In our meetings with staff and city council/board members leading up to Proposition 218 adoption, we set aside time to articulate and agree upon communication points that will support a smooth rate-adoption process.
We manage our contracts and control costs by developing a detailed scope of work, sending monthly invoices, and continually checking in with client staff to review progress and deadlines.
Our scope of work sets reasonable limits on the number of webinars we conduct and meetings we attend; these limits are reflected in the not-to-exceed cost in our Price Proposal. Should the needs of a project result in more meetings or other services than anticipated, WRE would communicate that possibility to client staff as early as possible and work to amend the contract.
Scope of Work
WRE has organized the tasks outlined in the RFP’s Scope of Work based on our experience conducting similar studies for other agencies. The deliverables listed in Section IV.I of the RFP are distributed across the project tasks. These tasks, outlined below, describe WRE’s proposed study approach and will help ensure a successful rate study outcome.
Note that although the tasks are listed in numerical order, some may be performed concurrently to ensure that project work is completed efficiently and on schedule.
TASK 1: PROJECT MANAGEMENT, DATA COLLECTION, AND INITIAL REVIEW Project Kick-off
A successful project starts with an organized kick-off meeting. WRE will conduct a virtual kick-off to review the financial, legal, and political landscape of adopting water, wastewater, and potential recycled rates and to define the City's goals and challenges. Prior to the meeting, WRE will provide a data request list describing the information needed to conduct the study, including audited financial statements and budgets, capital improvement plans, the City’s 2018 Integrated Master Plan for the three enterprises, debt and reserve policies, customer billing and usage data, and existing rate structures, ordinances, and resolutions. Following the kick-off meeting, WRE will 830
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prepare a project management plan, project schedule, meeting calendar, and deliverable review schedule to guide the study through completion. The schedule will indicate that new rates will become effective on July 1, 2027. Topics to be discussed during the kick-off meeting include the scope of work, the project schedule, the City's current rate structures, project roles and responsibilities, data gaps, and other concerns that City staff may have.
Once WRE has received and reviewed the requested data and fiscal policies, we will prepare a technical memorandum that outlines our findings and recommendations. These findings will help form the foundation of the financial model that we develop in Task 2.
Project Management
WRE's project team has extensive experience guiding the rate study process successfully from start to finish. As Project Manager, Charles Diamond will be accountable for the successful execution of the scope of work. Our project management approach stresses the importance of clearly defining project roles, expectations, and responsibilities at or before the kick-off meeting.
Additionally, we believe that establishing frequent and open communication between City staff and the WRE project team via phone, email, and/or meetings is critical. Throughout the study, WRE will coordinate with representatives from the appropriate City departments to review assumptions, discuss key issues, and obtain input on technical analyses and recommendations.
To adhere to the project schedule, the WRE team will work to schedule meetings with City staff well in advance of the target meeting date. We will provide monthly project updates and monthly project invoices that detail the tasks completed and the remaining budget for each task.
Quality Assurance Process
We pride ourselves on accurate, high-quality work, and we achieve this through a rigorous quality assurance process. Each project has multiple checkpoints to ensure the accuracy and validity of the data, technical analyses, and methodologies we use to develop the City’s project deliverables. Our process includes rate revenue reconciliations to validate customer data, input summaries for City staff, and independent reviews of the financial plan, cost-of-service analysis, rate calculations, and reports.
We pride ourselves on accurate, high-quality work, and we achieve this through a rigorous quality assurance process. Each project has multiple checkpoints to ensure the accuracy and validity of the data, technical analyses, and methodologies we use to develop the City's project deliverables. Our process includes rate revenue reconciliations to validate customer data, input summaries for City staff, and independent reviews of the financial plan, cost-of-service analysis, rate calculations, and reports.
Meetings:
• One virtual kick-off meeting with City staff
Deliverables:
• Data request list in Microsoft Word
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• Detailed project management plan and schedule with all deadlines, deliverables, and review meetings
• Technical memorandum outlining fiscal policy refinements and reserve recommendations in Microsoft Word and PDF formats
• Kick-off meeting presentation in Microsoft PowerPoint • Kick-off meeting minutes in Microsoft Word
• Monthly progress reports and project updates (as requested) • Monthly invoices and cost billings (as requested)
TASK 2: COMPREHENSIVE FINANCIAL MODEL DEVELOPMENT
At the outset of the study, WRE will review the financial and operational information, financial policies, and planning documents for the City's water, wastewater, and recycled water enterprises, including the 2018 Integrated Master Plan and other planning documents, to establish the assumptions and planning horizons that will form the basis of the financial plan and rate analysis.
As part of the review, WRE will evaluate capital funding needs, debt service requirements, and reserve funding levels and policies. We will work closely with City staff to identify the most accurate assumptions for projecting future costs. We understand that in conducting this financial review, the City aims to maintain financial stability while meeting the enterprises' capital investment needs and legal and policy obligations.
WRE will develop a long-range financial plan model in Microsoft Excel to 1) assess the financial health of the City's water, wastewater, and recycled water enterprises and 2) evaluate the level of revenue adjustments required to ensure long-term fiscal sustainability. The model will support a minimum five-year rate implementation period and a minimum ten-year financial forecast, with the flexibility to evaluate longer planning horizons as needed. Projecting revenue adjustments over a multi-year planning horizon illustrates future rate impacts and potential challenges to the enterprises' financial health. This information allows the City to plan expenses, monitor reserve balances, and schedule capital improvements to smooth rate impacts. We strive for smooth revenue adjustments and minimal rate impacts while achieving financial sufficiency and resiliency. For example, strategic timing of capital expenditures and the use of reserve funds can help mitigate rate fluctuations and avoid steep increases.
Also described in Task 3, WRE will develop a non-proprietary Excel-based rate model to calculate proposed water, wastewater collection, and potential recycled water rates based on the revenue requirements determined in the financial review. The model will be able to show outcomes under both the current and proposed rate structures, evaluate at least three alternative rate adjustment scenarios over the five-year implementation period, evaluate rate impacts by customer class and usage level, and include functionality for analyzing affordability, equity, and revenue stability. 832
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WRE understands the importance of developing a user-friendly, transparent, and flexible Excelbased model that City staff can use for future financial planning. Our financial model will be custom-built for the City's needs and will include a financial plan dashboard. The dashboard is an effective tool to visually assess how each assumption or scenario impacts the financial plan and is instrumental in the decision-making process. The dashboard can:
• Change various assumptions such as capital improvement spending, projected changes in water usage, magnitude and timing of revenue adjustments, inflation factors, etc. • Flag errors and problematic results such as failure to meet debt coverage and coming in below reserve targets.
• Perform sensitivity analyses and various “what-if” scenarios, so that impacts can be viewed instantaneously with built-in graphics.
In addition to check-in meetings during the development of the financial model, WRE will hold one virtual model training session with City staff, where we cover updates, scenario testing, and troubleshooting.
Meetings:
• Up to five meetings total
o Four virtual check-in meetings with City staff
o One virtual model training session with City staff
Deliverables:
• Meeting presentations in Microsoft PowerPoint
• Comprehensive Financial Model in Microsoft Excel
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TASK 3: COST OF SERVICE AND RATE DESIGN
The cost-of-service task provides the defensibility needed to meet Proposition 218’s proportionality requirement. By allocating revenue requirements to customer classes based on cost components, the analysis articulates a rationale for the charges assigned to each customer class.
Water Cost of Service
WRE will conduct a water cost-of-service analysis (COSA) in accordance with industry standards and methodologies outlined in the M1: Principles of Water Rates, Fees, and Charges, Eighth Edition manual published by the American Water Works Association (AWWA). The COSA will utilize the AWWA-approved Base-Extra Capacity method, which focuses on different water usage patterns. The COSA is necessary to ensure a defensible nexus between the costs incurred by the City for providing water service and the rates charged to customers for that service. The COSA will allocate the water rate revenue requirements to cost causation components and then to the associated rates and charges, taking into account the demand characteristics of different customer classes. This ensures that customer charges are commensurate with the costs incurred by the City to provide water services, as required by Proposition 218. WRE will clearly distinguish between fixed and variable costs and work with City staff to determine the appropriate level of fixed cost recovery, recognizing the advantages and disadvantages of a higher fixed charge while balancing revenue stability, affordability, and customer bill impacts.
Wastewater Cost of Service
WRE will conduct a wastewater COSA in accordance with industry standards and methodologies outlined in the Manual of Practice No. 27: Financing and Charges for Wastewater Systems, 5th Edition published by the Water Environment Federation (WEF). The COSA is necessary to ensure a defensible nexus between the costs incurred by the City's wastewater enterprise and the rates charged to customers for wastewater service. The analysis will evaluate fixed, volumetric, and strength-based cost components, along with treatment, collection, and administrative costs to develop equitable cost allocations among customer classes. As above, the wastewater COSA will allocate the wastewater rate revenue requirements to cost causation components and then to the associated rates and charges. This ensures that wastewater system costs are distributed equitably and proportionately in compliance with Proposition 218.
Water and Wastewater Rate Design
This task includes a detailed review of the City's existing water and wastewater rate structures and the development of proposed rates. The overall goal is to design proposed water and wastewater rates that are equitable, legally defensible, and financially sustainable, and minimize the financial burden on customers while considering the appropriate balance between fixed and volumetric revenue recovery.
As described in Task 2, an Excel-based rate model will be developed to calculate proposed water and wastewater rates based on the rate revenue requirement determination under both the 834
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current and alternative rate structures selected for consideration. Proposed rates will be calculated for a five-year period. The rate model will include sample customer bill comparisons to evaluate the impact of the proposed rate changes on various types of customers. These calculations will illustrate the impacts on customers due to changes in the financial plan, cost of service allocations, and rate structure, aiming to design rates that avoid rate shock.
In coordination with the COSA, the rate study will evaluate opportunities to refine the City's existing water and wastewater rate structures to improve equity, cost recovery, and compliance with Proposition 218, all in accordance with cost causation principles.
WRE will also evaluate the effects of conservation and drought conditions on potable water demand, utility revenues, and long-term financial stability. Consistent with the City's Water Shortage Contingency Plan, we will review and recommend updates to the City's drought surcharge methodology. We will also review the City's existing Tertiary Charge and recommend revisions based on the cost of providing tertiary-treated water and the City's long-term recycled water objectives (see Recycled Water Rate Implementation Strategy below).
Finally, WRE will compare the City's rate structures, calculation methodologies, customer charges, and representative customer bills with neighboring agencies and utilities of similar size and service characteristics to provide additional context for the proposed rates.
Recycled Water Rate Implementation Strategy
Recognizing that the City does not currently have adopted recycled water rates, WRE will develop an initial recycled water rate implementation strategy to support future recycled water deliveries.
The strategy will evaluate alternative approaches, including phased implementation, a discount from potable water rates where supportable, and other rate structures that encourage recycled water use. We will also evaluate how recycled water supplied from wells and water reclamation facilities may affect potable water consumption and potable water revenues during the rate implementation period. WRE will present the implementation strategy in a technical memo and incorporate it into the financial model and rate model to the extent desired by the City.
Meetings:
• Up to two virtual meetings with City staff
Deliverables:
• Meeting presentations in Microsoft PowerPoint
• Cost-of-service analysis in Microsoft Excel
• Technical memo outlining cost-of-service analysis results in Microsoft Word and PDF formats
• Water, wastewater, and recycled water rate model in Excel • Technical memo presenting the Recycled Water Rate Implementation Strategy 835
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TASK 4: UTILITY-SPECIFIC ANALYSIS REQUIREMENTS
As WRE develops the financial model described in Task 2, we will evaluate the financial condition and long-term sustainability of the City's water, wastewater, and recycled water enterprises. The financial model will provide the framework for assessing the adequacy of existing and projected revenues, evaluating capital and operating needs, and testing alternative funding strategies to ensure that each enterprise remains financially resilient while meeting its service obligations.
Water Utility
Using the financial model, WRE will evaluate whether current and projected water revenues can sufficiently fund the operation and improvement of the City’s water infrastructure, from reservoirs to water lines. The analysis will incorporate operations, maintenance, capital, and compliance costs associated with California's Chromium 6 Maximum Contaminant Level requirements, including treatment, monitoring, engineering, permitting, and financing assumptions. We will also evaluate the effects of conservation and recycled water implementation on potable water demand, system operations, and long-term revenue recovery to help ensure the financial sustainability of the water enterprise.
Wastewater Utility
Also using the financial model, WRE will evaluate whether current and projected wastewater revenues are sufficient to operate and improve the City's wastewater infrastructure, including collection lines and treatment facilities. Consistent with the financial planning scenarios developed in Task 2, WRE will evaluate funding alternatives for an upgraded wastewater treatment plant capable of producing recycled water. The analysis will consider one- and twophase implementation approaches, project timing, debt financing, grant funding opportunities, pay-as-you-go funding, and the resulting customer bill impacts to help identify a financially sustainable implementation strategy.
Recycled Water/Non-Potable Water Utility
Recognizing that the City's recycled water system will likely evolve during the planning period, WRE will evaluate the existing and planned recycled water system, anticipated water sources, potential customer base, timing of initial deliveries, operating and maintenance costs, replacement needs, and capital funding requirements. The evaluation will identify costs that should be recovered directly from recycled water customers and those that may be defensibly allocated to other utility customers based on system-wide benefits. As actual operating costs, customer demand, and system usage become known, the financial model will provide a practical framework for updating recycled water rates and refining the long-term financial strategy for the enterprise.
Meetings:
• Up to three virtual meetings with City staff
Deliverables:
• Meeting presentations in Microsoft PowerPoint
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• As-needed technical memos for each utility-specific analysis TASK 5: LEGAL, POLICY, AND IMPLEMENTATION SUPPORT
For each enterprise, the COSA leads to unit charges that comply with Article XIII D (Proposition 218) of the California Constitution. Because they are based on the COSA, the proposed rate structures and adjustments from Task 3 are likewise defensible. To demonstrate this compliance, however, WRE and the City must produce a thorough and digestible administrative record that justifies all charges and projected revenues.
Administrative Record
Covering all three enterprises, the rate study report will serve as the foundation of the City's administrative record to meet Proposition 218 (Article XIII D of the California Constitution) requirements. The report will describe the assumptions, methodologies, results, cost allocations, and calculations used to develop the proposed water, wastewater, and (if applicable) recycled water rates. Thorough, detailed, and digestible, WRE's reports demonstrate a clear nexus between the costs of providing services and the rates charged to customers for those services.
City staff and legal counsel will review and provide input on a draft report, which WRE will incorporate into a final report for City Council consideration and adoption.
Proposition 218 Support
In the lead-up to the Proposition 218 hearing, WRE will work closely with City staff to prepare all materials needed to support the rate adoption process, such as public notices, rate schedules, and ordinances. Please see Attachment A at the end of this document for sample Proposition 218 notices created by WRE’s Strategic Communications lead Stephanie Guida.
Meetings:
• One virtual meeting with City staff
Deliverables:
• Meeting presentations in Microsoft PowerPoint
• Draft and final Rate Study Reports
• Materials to assist with the Proposition 218 process, such as notices, rate schedules, and ordinances.
TASK 6: PUBLIC OUTREACH, COMMUNICATION, AND MEETING SUPPORT WRE will work closely with City staff to develop a public outreach and communication strategy that explains the need for the proposed rates. The outreach strategy will emphasize transparency and help the City communicate the value of its water and wastewater services.
Public Outreach Materials
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As we work on the tasks above, WRE will prepare presentation materials to support meetings with City staff, the City Council, and other stakeholders. Presentation materials will communicate technical information in a clear and accessible manner through graphics, charts, bill impact examples, rate scenario comparisons, and other visual aids that help explain the proposed rate adjustments. WRE will also assist with the development of frequently asked questions, website content, public notices, press releases, social media content, talking points, and other outreach materials.
In addition to the Proposition 218 notice described in Task 5, WRE will develop a one-page, double-sided flyer that explains the need for rate adjustments and describes the Proposition 218 process. It will use clear language, visual aids, and the proposed rate schedules.
Meeting Support
WRE will provide meeting facilitation and technical support throughout the rate study process.
Members of our project team will attend public meetings, committee meetings, workshops, and City Council meetings to present technical findings and assist City staff in communicating the proposed rate adjustments.
As reflected in our Price Proposal, we have budgeted one in-person meeting and four virtual meetings/workshops for this task, but can adjust as necessary to attend additional in-person meetings.
Meetings:
• Two virtual workshops with the Budget and Finance Committee • Two virtual workshops with the City Council
• One in-person Proposition 218 hearing
Deliverables:
• Meeting/workshop presentations in Microsoft PowerPoint • All public outreach materials in Microsoft Word, PDF, and/or online formats
PROJECT SCHEDULE
A proposed project schedule is shown below, assuming a notice to proceed in late August 2026.
The proposed timeline outlined below assumes 1) that all requested data items will be provided to WRE in a timely manner, and 2) that City staff will have sufficient availability for WRE to schedule virtual check-in meetings in a timely manner. We will work with City staff to determine the most appropriate schedule to complete the scope of work during the kick-off meeting. 838
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COMPANY INFORMATION
Our proposed project team has extensive experience conducting water and wastewater rate studies in California, including for many agencies in Southern California. We understand the regulatory, political, and financial constraints that most agencies face when adopting new rates.
Sanjay Gaur is an expert in facilitating and presenting at in-person public meetings with elected officials at all stages of the rate-setting process. This includes customer outreach sessions, rate Task Key Deadlines
TASK 1
Project Management, Data
Collection, and Initial Review
• September 2026: Kick-off meeting
• End of September 2026: All requested data items
received by WRE
TASK 2
Comprehensive Financial Model
Development
• September 2026: Begin developing financial plan
• November 2026: Finalize financial plan
• November 2026: City Council workshop #1
(virtual); Budget & Finance Committee workshop #1
(virtual)
TASK 3
Cost of Service and Rate Design
• December 2026: Finalize cost-of-service analysis
and rate design
• December 2026: City Council workshop #2; Budget
& Finance Committee workshop #2 (virtual)
TASK 4
Utility-Specific Analysis
Requirements
• November 2026: In tandem with the financial
model, finalize utility-specific analyses
TASK 5
Legal, Policy, and Implementation
Support
• February 2027: Final rate study report received by
City Council
• February 2027: Mail Prop. 218 Notices
• April 2027: Prop. 218 public hearing (City Council
meeting #3; in-person)
TASK 6
Public Outreach, Communication,
and Meeting Support
• Ongoing: Deliver communications materials as
needed for the duration of the study
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workshops with elected officials, and public hearings to comply with Proposition 218 requirements. All WRE’s consultants have experience distilling complex, technical concepts into easy-to-understand presentations, financial and rate models, and reports. Our approach puts the client first: we prioritize clear and effective communication with staff, elected officials, and the public throughout the rate study process. We take great pride in our high-quality work and in our ability to help agencies navigate a changing utility rate landscape.
Company Overview
Water Resources Economics, LLC (WRE) is a
nine-person team that has been in business for
five years. We specialize in conducting financial
planning, cost-of-service rate studies, and
capacity charge studies for water and
wastewater utilities in California. Our goal as a
firm is to communicate and promote the value
of water service. Over the last 25 years, Sanjay
Gaur, the proposed Project Director, has
successfully assisted over 100 water and
wastewater agencies in California with financial
planning and rate-setting consulting
engagements. Charles Diamond, who has over
nine years of rate-study experience, assisting
over 40 agencies, will serve as Project Manager.
Relevant Projects
Below is a partial list of water and sanitation (or
wastewater) financial planning and cost-of-service rate studies in which at least one project member served in the role of Project Manager or Project Analyst.
Agency Study
Amador Water Agency Water and Wastewater Rate and Connection Fee Study Beaumont-Cherry Valley Water
District
Water Rate Study
Central Contra Costa
Sanitation District
Wastewater Cost of Service and Rate Study Update,
Capacity Fee Calculation
City of Brentwood Water and Wastewater Rate Study
City of Calexico Water and Sewer Rate Study
City of Camarillo Water and Wastewater Rate Study
City of Carpinteria Sewer Rate and Fee Study
City of Chowchilla Water and Wastewater Rate Study
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Agency Study
City of Corona Water, Reclaimed Water, and Wastewater Rate Study El Dorado Irrigation District Water, Recycled Water, and Wastewater Facility Capacity Charge Update Study
City of Escondido Water and Wastewater Rate Study
City of Hayward Water and Wastewater Rate Study, Connection Fee Study City of Hollister Sewer Rate Study
City of Huntington Beach Sewer Rate Study
City of La Habra Water and Wastewater Rate Study
City of Long Beach Water, Recycled Water, and Wastewater Financial Plan Model City of Malibu Wastewater and Recycled Water Rates Updates City of Merced Water and Sewer Rate Study
City of Ontario Water, Wastewater, and Recycled Water Rate Study City of Pleasanton Water, Wastewater, and Recycled Water Rate Study City of Redlands Wastewater and Non-Potable Water Rate Study City of Rio Vista Water and Sewer Rate and Impact Fee Study City of San Clemente Water and Wastewater Rate Study
City of Santa Cruz Water Rate Study, Connection Fee Study City of Sierra Madre Water and Sewer Rate Study
City of Simi Valley Sewer Rate Study
City of Tacoma (Washington) Wastewater, Stormwater, and Solid Waste Rate Study City of Thousand Oaks Water and Wastewater Cost of Service and Financial Plan Studies; Water and Wastewater Connection Fee Study
City of Ventura Water and Wastewater Rate Study
City of Vista Sewer Rate and Connection Fee Study
City Watsonville Water, Sewer, and Solid Waste Rate Study Crescenta Valley Water
District
Water and Wastewater Rate Study
East Bay Municipal
Utility District Water and Wastewater Cost of Service Rate Study Elsinore Valley Municipal
Water District
Water and Recycled Water Rate Study, Capacity Fee Study, and Wastewater Rate Study
Fallbrook Public
Utilities District Water, Wastewater, and Recycled Water Rate Study Imperial County Gateway
County Service Area Water and Wastewater Rate Study
Jurupa Community
Services District Water Budget Rate Study
Las Virgenes Municipal
Water District Water, Recycled Water, and Wastewater Rate Study 841
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Agency Study
Los Alamos Community
Services District Water and Wastewater Rate Study
San Bernardino Valley Water
District
Water Rate Study
San Francisco Public
Utilities Commission Water and Wastewater Rate Study
San Gorgonio Pass Water
Agency
Wholesale Water Rate Study
Scotts Valley Water District Water and Recycled Water Rate Study South Mesa Water Company Water Rate Study
Temescal Valley Water District Water, Recycled Water, and Wastewater Cost of Service Study
Western Municipal
Water District
Financial Plan, Capacity Fees, and
Water Budget Rate Studies
Yorba Linda Water District Sewer and Water Budget Rate Study, Financial Plan Study, and Cost of Service Rate Study
COMPANY PERSONNEL
Project Staffing
Our proposed project team for this engagement
consists of four team members. Sanjay Gaur will serve
as Project Director, Charles Diamond as Project
Manager, and Casey Goodwin and Grace Hunzicker as
Project Analysts. As Project Manager, Charles will be
the primary point of contact for the City. Stephanie
Guida, our Strategic Communications lead, will
provide Proposition 218 and public outreach support,
while additional staff will provide QA/QC support.
Resumes for all core and supporting staff are included
in the Additional Information section. Our team is
small by design: we can work efficiently and provide
a high-touch client experience to ensure a
successful study.
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Project Team Qualifications
SANJAY GAUR, PROJECT DIRECTOR
Key Tasks: Lead overall project direction, provide policy guidance, advise on rate-study methodology and Proposition 218 requirements.
Location: Culver City, California
Statement of Qualifications:
Sanjay has more than 25 years of financial and rate consulting experience with water and wastewater utilities and has served as a consultant to more than 100 agencies in California, Arizona, Nevada, and the Caribbean. He has provided his insight into utility rate and conservation-related matters through articles in Journal AWWA and other publications and served as an expert source on rates development, with quotations in the Los Angeles Times and New York Times. He has co-authored several industry guides, including AWWA’s Manual M1 Principles of Water Rates, Fees and Charges, 7th Edition; AWWA’s Water Rates, Fees, and the Legal Environment, Second Edition; and Water and Wastewater Finance and Pricing: The Changing Landscape.
He is a member of AWWA’s Rates and Charges Committee. Sanjay was a Peace Corps volunteer in Bulgaria. He holds a master’s degree in Applied Economics from UC Santa Cruz and a Master in Public Administration - International Development from the Kennedy School of Government, Harvard University.
CHARLES DIAMOND, PROJECT MANAGER
Key Tasks:
Serve as main contact for City staff, manage project schedule and budget, lead project tasks and analyses, review and evaluate project deliverables, ensure successful execution of scope of work
Location: Monrovia, California
Statement of Qualifications:
Charles has more than nine years of financial and rate consulting experience with water, wastewater, and groundwater agencies and has served as a consultant to more than 35 agencies in California. He has a passion for water management in California and has presented at multiple conferences, including the California Water Policy Conference and the AWWA California-Nevada Section Annual Fall Conference. Before he began his consulting career, Charles worked for The Nature Conservancy in California. He holds a Bachelor of Science degree in Environmental Economics and Policy from UC Berkeley and a Master of Environmental Science and Management degree in Water Resources Management from UC Santa Barbara.
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GRACE HUNZICKER, PROJECT ANALYST
Key Tasks: Perform financial and rate analyses, collect and analyze data, work with Project Manager to complete project tasks.
Location: Santa Monica, California
Statement of Qualifications:
Grace has one year of financial and rate consulting experience with water and wastewater utilities and has served as a consultant to more than 10 agencies in California. Grace graduated from UC Berkeley in May 2024 with a Bachelor of Science degree in Environmental Economics and Policy.
CASEY GOODWIN, PROJECT ANALYST
Key Tasks: Perform financial and rate analyses, collect and analyze data, work with Project Manager to complete project tasks.
Location: San Francisco, California
Statement of Qualifications:
Casey has over three years of financial and rate consulting experience with water and wastewater utilities and has served as a consultant to more than 20 agencies in California and the greater Northeast. He graduated from Pomona College in 2019 with a Bachelor of Arts degree in Politics and Religious Studies (double major). He graduated from Tufts University with a Master of Science in Sustainable Water Management in 2022. He has published an article in the New England AWWA journal Water Wayfinder and was the lead author on a major statewide customer assistance feasibility report for the State of Maine.
STEPHANIE GUIDA, STRATEGIC COMMUNICATIONS
Key Tasks: Design and draft Proposition 218 notices and other materials (please see Attachment A for samples).
Location: North Carolina
Statement of Qualifications:
Stephanie is a Strategic Communications Consultant with more than 25 years of experience helping public agencies communicate complex financial and technical information with clarity. She specializes in Proposition 218 public outreach, customer communication, and visual storytelling, developing legally compliant, customer-focused notices, presentations, and engagement materials that help agencies build understanding, transparency, and public confidence. Stephanie combines business expertise with award-winning design to translate complex rate studies and financial planning into clear, accessible communications. 844
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DISCLOSURE
No member of WRE has past or current relationships with any current Banning elected official, appointed official, City employee, or family member of any current Banning elected official, appointed official, or City employee.
EXPERIENCE & REFERENCES
Water Resources Economics, LLC has been in business for more than five years, filing its Articles of Organization on June 8, 2021 and its Statement of Information on June 15, 2021 with the California Secretary of State. Below is a list of three reference clients for whom we have provided rate study services in the last five years.
BEAUMONT-CHERRY VALLEY WATER DISTRICT
560 Magnolia Avenue
Beaumont, CA 92223
Reference(s):
Sylvia Molina, Director of Finance and Administration
[email protected]
(951) 845-9581
WRE conducted a comprehensive water rate study for the Beaumont-Cherry Valley Water District, starting the project in April 2024 and completing it in April 2025. The District engaged WRE to 1) develop a five-year water rate schedule for CY 2025 through CY 2029, 2) evaluate a five-year financial plan scenario to meet financial targets and fund operating costs and capital projects for CY 2025 to CY 2029, and 3) conduct a comparative survey of rates charged by other neighboring Riverside and San Bernardino County water agencies.
SOUTH MESA WATER COMPANY
391 West Avenue L
Calimesa, CA 92320
Reference(s):
David Armstrong, General Manager
[email protected]
(909) 795-2401
WRE conducted a rate study for the South Mesa Water Company (SMWC) starting in May 2024 and concluding in February 2025. SMWC engaged WRE to establish a new five-year proposed rate schedule spanning from FY 2025 through FY 2029. SMWC’s existing connection fees at the time, 845
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which were one-time fees paid by new connections to SMWC’s water system, were also updated as part of this rate study.
SAN GORGONIO PASS WATER AGENCY
1210 Beaumont Ave
Beaumont, CA 92223
Reference(s):
Lance Eckhart, General Manager
[email protected]
(951) 845-2577
WRE has been working with the San Gorgonio Pass Water Agency since 2022 on various financial analyses, including rate model updates, risk analyses, reserve target updates, and the development of a strategic financial plan. Since September 2025, we have been conducting a wholesale water rate study.
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ADDITIONAL INFORMATION
Resume – Sanjay Gaur, President
TECHNICAL SPECIALTIES
-Financial analysis
-Cost of service studies
-Conservation rate structure design
-Connection fee studies
-Public outreach
-Proposition 218 rates
PROFESSIONAL HISTORY
- Water Resources Economics, LLC, President (2021-present) - Raftelis Financial Consultants, Inc., Vice President (2015-2021); Senior Manager (2012- 2014); Manager (2009-2012)
- Red Oak Consulting, Division of Malcolm Pirnie (2007-2009) - MuniFinancial (2005-2006)
- A & N Technical Services, (1999–2003)
- United States Peace Corps, Bulgaria (1995-1997)
EDUCATION
- Master in Public Administration - International Development, Kennedy School of Government - Harvard University (2003)
- Master of Science, Applied Economics - University of California, Santa Cruz (1994) - Bachelor of Arts, Economics and Environmental Studies - University of California, Santa Cruz (1992)
PROJECT EXPERIENCE
- Alameda County Water District (CA) -
Financial Plan Study and Annual Updates,
Conservation Tiered Rate Feasibility
Analysis, Drought Rate Study, Water Cost
of Service and Rate Study, and other Adhoc Support
- Amador Water District (CA) – Water and
Wastewater Rate Study
- American Water Company (CA) - Water
Rate Study
- City of Buckeye (AZ) – Water Rate Study
and Capacity fee
- Borrego Water District (CA) – Financial
Planning Study, Groundwater
Sustainability Plan, Water Rate Study,
and Basin Management Evaluation
- City of Calexico (CA) - Water and Sewer
Rate Study
- City of Camarillo (CA) – Water and
Wastewater Rate Study, Financial Plan
Study, and Cost of Service Study,
- Carpinteria Sanitary District (CA) –
Sewer Rate and Fee Study
- Castaic Lake Water Agency (CA) –
Wholesale Water Rate Study, Drought
Rates, Rate Analysis, and Facility
Capacity Fees
- Central Basin Municipal Water District
(CA) – Financial Plan
- City of Chino (CA) – Water Budget Rate
Design, Financial Plan Study and Cost of
Service and Rate Design
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- City of Chowchilla (CA) – Water and
Wastewater Rate Study
- Coastside County Water District (CA) –
Water Rate Study
- Contra Costa Water District (CA) –
Financial Plan Study, Water Rate Study
and Drought Rates Study
- City of Corona (CA) – Water Budget Rate
Study, Wastewater Capacity Fees Study
- Cucamonga Valley Water District (CA) –
Financial Plan, Water Conservation Rate
Study, and Drought Rates
- East Bay Municipal Utility District (CA) –
Water and Wastewater Cost of Service
and Rate Study
- Eastern Municipal Water District (CA) –
Water Budget Study and Financial Plan
Study
- East Orange County Water District (CA)
- Water Budget Study, Sewer Capacity
Fees Study, and Financial Plan Study
- Elsinore Valley Municipal Water
District (CA) – Financial Model, Drought
Rate Analysis, Water and Recycled Water
Rate Study, Capacity Fee Study, and
Wastewater Rate Study
- El Toro Water District (CA) – Water
Budget Study and Recycled Water
Financial Plan Study
- City of Escondido (CA) – Water and
Wastewater Rate Study and Capacity
Fees Study
- Fallbrook Public Utilities District (CA) –
Water, Wastewater and Recycled Water
Rate Study
- City of Florence (AZ) – Water and
Wastewater Rate Study
- City of Gilbert (AZ) – Fire Financial Plan
- City of Glendora (CA) – Water Budget
Feasibility Study
- City of Gridley (CA) – Water Rate Study
- Helix Water District (CA) – Water Rate
and Cost of Service Study
- Hi-Desert Water District (CA) – Water
Rate Study
- City of Hollister (CA) - Sewer Rate and
Impact Fee Study, Water Rates Study,
and Capacity Fee Study
- City of Huntington Beach (CA) - Sewer
Rate Study, Water Budget Rate Study, and
Financial Plan Study
- Imperial County Gateway County
Service Area (CA) – Water and
Wastewater Rate Study
- Indio Water Authority (CA) - User Fee
Study and Water Rate Study
- Inland Empire Utilities Agency (CA) –
Conservation Rate Structure Workshop
and Financial Plan Study
- Inyo County Water Department (CA) –
Water Rate Study
- Irvine Ranch Water District (CA) -
Conservation Study
- Jurupa Community Services District
(CA) – Water Budget Study
- La Habra Heights County Water District
(CA) – Wheeling Rate Study and Financial
Plan Study
- La Puente Valley County Water District
(CA) – Water Rate and Fee Study
- Las Virgenes Municipal Water District
(CA) – Water Budget Rate Study, Water,
RW and WW Financial Plan and Rate
Studies, Capacity Fees Study
- City of Livermore (CA) – Water Cost of
Service Study
- City of Livingston (CA) - Water Rate
Study
- City of Lomita (CA) - Water Rate
Workshop
- City of Long Beach (CA) - Water,
Recycled Water and Wastewater
Financial Plan and Rate Studies
- Los Alamos Community Services
District (CA) – Water and Wastewater
Rate Study
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- Los Angeles Department of Water and
Power (CA) - Daily Demand Estimates
- City of Lynwood (CA) - Cost Allocation
Plan
- City of Malibu (CA) – Wastewater and
Recycled Water Rate Study
- Mammoth Community Water District
(CA) – Water Rate Study
- City of Merced (CA) - Water and Sewer
Rate and Impact Fee Study
- Mesa Consolidated Water District (CA)
– Financial Plan Study, Cost Comparison
Study, Water and Recycled Water Cost of
Service and Rate Design Study
- Metropolitan Water District of Southern
California (CA) – Drought Allocation
Model, Long Range Financial Plan, and
Cost of Service Evaluation
- Mill Valley - Tamalpais Community
Services District (CA) – Financial Plan
Study
- Mojave Water Agency (CA) – Financial
Plan Study, Financial Impact Analysis for
Water Exchange and Leasing Programs
and Water Reliability Rate Development
- Modesto Irrigation District (CA) –
Stormwater Fee Study
- Monterey Peninsula Water
Management District (CA) - Water
Budget Study
- Municipal Water District of Orange
County (CA) - Conservation Potential
Study and Rate Study
- City of Newport Beach (CA) – Water Rate
Study
- City of Palo Alto (CA) – Water Cost of
Service and Rate Study
- Pasadena Water and Power (CA) - Water
Cost of Service and Rate Design Study
- Placer County Water Agency (CA) – Cost
of Service, Rate, and Financial Plan Study
- City of Pomona (CA) – Rate Study
- City of Port Hueneme (CA) - Water and
Solid Waste Rate Study
- City of Orange (CA) – Water and
Sanitation Rate Study
- Rancho California Water District (CA) –
Water Budget Rate Study, Water Demand
Offset Fees, Commercial Water Budget
Revision Study, Alternative Water Supply
Feasibility Analysis
- City of Reno (NV) – Wastewater Rate
Study
- City of Rio Vista (CA) - Water and Sewer
Rate and Impact Fee Study
- Rubidoux Community Services District
(CA) – Rate Advisor
- Salton Community Services District
(CA) – Sewer Rate Study
- San Benito County Water District (CA) –
Water Rate Study
- City of San Clemente (CA) – Water and
Wastewater Rate Study
- San Diego County Water Authority (CA)
- Indexing Model and Wholesale Water
Rate
- San Gorgonio Pass Water Agency (CA) –
Long Range Strategic Financial Plan
- City of San Juan Capistrano (CA) – Water
Rate Study
- Santa Clara Valley Water District (CA) -
Project Evaluation - Water Conservation
Project
- Santa Clarita Water District (CA) – Retail
Water Rate Study
- City of Santa Cruz (CA) - Financial Plan,
Water Budget Feasibility Analysis, Cost of
Service and Rate Study, Drought Rate
Study, Capacity Fees Update and Water
Demand Offset Fees Analysis, and
Alternative Water Supply Feasibility
Analysis
- Scotts Valley Water District (CA) –
Water and Recycled Water Rate Study
- City of Shasta Lake (CA) – Water Rate
Study and Water and Wastewater
Capacity Fee Study
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- City of Sierra Madre (CA) – Water and
Sewer Rate Study
- City of Signal Hill (CA) – Water Rate and
Cost of Service Study
- City of Simi Valley (CA) – Sewer Rate
Study
- Soquel Creek Water District (CA) –
Water Rate Structure Study
- South Coast Water District (CA) – Water
Budget Assessment
- South Mesa Water Company (CA) – Rate
Structure and Recycled Water Rate Study
- City of South Gate (CA) - Water Impact
Fee
- Sunnyslope County Water District (CA)
– Water Rates and Capacity Fees
- Temescal Valley Water District (CA) –
Water and Sewer Rate Study and
Capacity Fee Study
- Trabuco Canyon Water District (CA) –
Water Rate Study
- City of Thousand Oaks (CA) – Water and
Wastewater Cost of Service and Financial
Plan Study
- City of Ventura (CA) – Water and
Wastewater Rate Study
- City of Vista (CA) - Sewer Rate and
Connection Fee Study
- Walnut Valley Water District (CA) -
Water Rate Study
- City of Watsonville (CA) – Utility
Enterprise Rate Study
- Western Municipal Water District (CA) -
Financial Plan, Capacity Fees, and Water
Budget Rate Studies
- Yorba Linda Water District (CA) - Sewer
and Water Budget Rate Study, Financial
Plan Study, and Cost of Service Rate
Study
- Zone 7 Water Agency (CA) – Cost of
Service Study and Water Rate Study
Update
PUBLICATIONS
- Wittern, M., Gaur, S., “Protecting Against Water Rate Challenges with the Equivalent of Bear Spray,” Journal – American Water Works Association, March 2022, Volume 114, Issue 2
- Harmon, K., Mukherjee, M., Gaur, S., Atwater D., “Evaluating Water Saving from Budget-Based Tiered Rates in Orange County, California,” Water Economics and Policy, 2021, Volume 07, No. 2, 2150007
- Gaur, S., Smith, V., Kostiuk, K., “Mandates and Messaging: How Californians Responded to the State’s Historic Drought,” Journal – American Water Works Association, March 2019, Volume 111, Number 3.
- Gaur, S., Magu, D. “California Water Rate Trends: Maintaining Affordable Rates in a Volatile Environment,” Journal – American Water Works Association, September 2017, Volume 109, Number 9.
- Contributing Author to “M1 Principles of Water Rates, Fees and Charges” 7th Edition, American Water Works Association, 2017.
- Gaur, S., Giardina, R.D., Kiger, M.H., Zieburtz, W., “Committee Report: Ripples from the San Juan Capistrano Decision,” Journal – American Water Works Association, September 2016, Volume 108, Number 9.
- Gaur, S., Alikhan, A., Kostiuk, K. “The Drought is over – Now is the time to develop drought rates,” CSMFO Magazine, July 1, 2016.
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- Gaur, S., Alikhan, A., Crea, J. “Developing Drought Rates: Why Agencies Should Prepare for a Not-So-Rainy Day,” January 2016, Volume 108, Number 1. - Gaur, S., Isaac, Habib “There's Opportunity in the San Juan Capistrano Rates Decision,” Source California-Nevada Section AWWA, Fall 2015, Volume 29, Number 4.
- Gaur, S., Atwater, D., “California Water Rate Trends,” Journal – American Water Works Association, January 2015, Volume 107, Number 1.
- Contributing Author to “Water and Wastewater Finance and Pricing: The Changing Landscape,” 4th Edition, 2015, CRC Press, Editor: George Raftelis. - Gaur, S., Atwater, D., Cruz, J., “Why do Water Agencies need Reserves?” Journal – American Water Works Association, November 2014, Volume 106, Number 11. - Gaur, S., Atwater, D., Lee, J., “Conservation Rates Offer Options,” CA/NV Section of American Water Works Association, Spring 2014, Volume 28, Number 2. - Gaur, S., Lim, B., Phan, K., “California Water Rate Trends,” Journal – American Water Works Association, March 2013, Volume 105, Number 3. - Contributing Author to “Water Rates, Fees and the Legal Environment,” 2nd Edition, American Water Works Association, 2010 Editor: C.(Kees) W. Corssmit. - Hildebrand, M. Gaur, S. and Salt, K. “Water Conservation Made Legal: Water Budgets and California Law,” Journal of American Water Works, 101:4 April 2009, p.85-89.
- Gaur, S. “Policy Objectives in Designing Water Rates,” Journal of American Water Works, 99:5 May 2007, p.112- 116.
- Gaur, S., "Adelman and Morris Factor Analysis of Developing Countries," The Journal of Policy Modeling, Vol. 19, Issue 4, pp. 407-415, August 1997. 851
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Resume – Charles Diamond, Principal Consultant
Technical Specialties
-Long-term financial plans
-Cost of service studies
-Rate design
-Capacity fee studies
-Excel-based financial models
-Data analysis
Professional History
- Water Resources Economics, LLC, Principal Consultant (2025-present); Senior Consultant (2023-2024)
- Raftelis Financial Consultants, Inc., Manager (2023); Senior Consultant (2021- 2022); Consultant (2019-2020); Associate Consultant (2017-2018) - The Nature Conservancy, Science & Stewardship Practitioner (2013-2015) Education
- Master of Environmental Science and Management – Water Resources Management, Bren School of Environmental Science & Management – University of California, Santa Barbara (2017)
- Bachelor of Science, Environmental Economics and Policy - University of California, Berkeley (2013)
Recent Project Experience
- Alameda County Water District (CA) - Financial Plan Study, Conservation Tiered Rate Feasibility Analysis
- Antelope Valley-East Kern Water Agency (CA) – Annual Water Rate Update Studies
- Antelope Valley State Water Contractors Association (CA) – Replacement Water Assessment Study
- Borrego Water District (CA) – Water Rate Affordability Assessment - City of Brentwood (CA) – Water and Wastewater Rate Study - City of Burbank (CA) - Water Rate Study
- Cucamonga Valley Water District (CA) – Financial Plan, Water Conservation Rate Study, and Drought Rates
- City of Dixon (CA) – Water Rate Study
- City of El Monte (CA) – Water Rate Study, Water Cost Allocation Plan Study - Goleta Water District (CA) – Water Rate Study
- City of Huntington Beach (CA) – Water Rate Study
- Inyo County Water Department (CA) – Water Rate Study
- Jurupa Community Services District (CA) – Inland Empire Brine Line Rate Study - La Cañada Irrigation District (CA) – Water Rate Study - Las Virgenes Municipal Water District (CA) –Water, RW, and WW Financial Plan and Rate Studies
- City of Lincoln (CA) – Water Rate Study
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- City of Long Beach (CA) - Water, Recycled Water, and Wastewater Financial Plan, Water and Wastewater Rate Survey
- Fox Canyon Groundwater Management Agency (CA) – Fee Study - Marin Municipal Water District (CA) – Miscellaneous Fee Study - Mojave Water Agency (CA) – Financial Impact Analysis for Water Exchange and Leasing Programs
- Municipal Water District of Orange County (CA) – Core Service Charge Allocation Study
- National Water and Sewerage Authority of Grenada (Eastern Caribbean) – Water and Sewer Rate Study
- Olivenhain Municipal Water District (CA) – Water Rate Study, Water Pass-Through Rate Annual Updates
- Placer County Water Agency (CA) – Cost of Service, Rate, and Financial Plan Study, Water Connection Charge Study
- Rancho California Water District (CA) – Water Capacity Fee Study, Water Rate Study
- Sacramento Suburban Water District (CA) – Water Rate Study - San Francisco Public Utilities Commission (CA) – Water and Wastewater Rate Study
- Santa Ana Watershed Project Authority (CA) – Inland Empire Brine Line Rate Model, Inland Empire Brine Line Reserve Policy Study
- Santa Clarita Valley Water Agency (CA) – Water Capacity Fee Study - Santa Rosa Plain, Sonoma Valley, & Petaluma Valley Groundwater Sustainability Agencies (CA) - Groundwater Sustainability Agency Fee Analysis and Rate Setting Services
- Scotts Valley Water District (CA) – Water and Recycled Water Rate Study - South Mesa Water Company (CA) – Water Rate Study and Connection Fee Update - City of Simi Valley/Ventura County Waterworks District No. 8 (CA) - Water Rate Study
- City of Sonoma (CA) – Water Rate Study
- City of Thousand Oaks (CA) – Water and Wastewater Cost of Service and Financial Plan Studies
- City of Ventura (CA) – Water and Wastewater Rate Study, Water and Wastewater Annual Financial Plan Updates, Water Net Zero Fee Study - Victor Valley Wastewater Reclamation Authority (CA) - Sewer Rate and Connection Fee Study
- City of Watsonville (CA) – Utility Enterprise Rate Study 853
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Resume – Casey Goodwin, Senior Analyst
TECHNICAL SPECIALTIES
-Long-term financial plans
-Cost of service studies
-Regulated rate tariff filings
-Technical report writing
-Excel-based financial models
-Water, Wastewater, and Stormwater Rate
Design
-Affordability Analysis
-Data analysis
PROFESSIONAL HISTORY
- Water Resources Economics, LLC, Senior Analyst (2026-present) - Raftelis Financial Consultants, Inc, Consultant (2024-2025), Associate Consultant (2023)
EDUCATION
- Bachelor of Arts, Politics and Religious Studies (double major) – Pomona College (2019) - Master of Sustainable Water Management – Tufts University (2022)
PROJECT EXPERIENCE
- City of Ontario (CA) – Water and Wastewater Cost of Service and Rate Study - Bear Valley Water District (CA) – Regionalization Feasibility Study - City of San Bernardino (CA) – Water and Wastewater Cost of Service and Rate Study
- City of Westminster (CA) – Water Cost of Service and Rate Study - City of Covina (CA) – Water Cost of Service and Rate Study - Riverview Mobile Park (CA) – Wastewater Rate Study
- Ironhouse Sanitation District (CA) – Wastewater Cost of Service and Rate Study - City of Palo Alto Regional Water Quality Control Plant (CA) – Reserves Study - City of Berkeley (CA) – Wastewater Cost of Service and Rate Study - Bay Area Clean Water Agencies (CA) – Capital Planning Financial Analysis - City of Somerville (MA) – Water, Wastewater, and Stormwater Rate Design; Affordability Analysis
- State of Maine, Office of the Public Advocate (ME) – Statewide Customer Assistance Program Feasibility Study
- Pittsburgh Water (PA) – Water and Wastewater Cost of Service and Rate Design, Tariff Filing Support, Expert Testimony Preparation
- City of Salem (MA) – Water and Wastewater Financial Plan and Rate Design - City of Middleborough (MA) – Water and Wastewater Financial Plan and Rate Design
- City of West Boylston (MA) – Expert Testimony Financial Analysis Support - City of Canton (MA) – Water Financial Plan and Rate Design - Erie County Water Authority (NY) – Water Financial Plan and Rate Design, Affordability Analysis
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- City of Dover (NH) – Stormwater Fee Feasibility Analysis - Kennebunk, Kennebunkport, and Wells Water District (ME) – Tariff Filing Support 855
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Water Resources Economics
Resume – Grace Hunzicker, Analyst
TECHNICAL SPECIALTIES
-Long-term financial plans
-Connection fee studies
-Excel-based financial models
-Data analysis
PROFESSIONAL HISTORY
- Water Resources Economics, LLC, Analyst (2024-present)
EDUCATION
- Bachelor of Science, Environmental Economics and Policy - UC Berkeley (2024)
PROJECT EXPERIENCE
- City of Pleasanton (CA) – Water and Wastewater Cost of Service and Rate Study - Beaumont-Cherry Valley Water District (CA) – Water Financial Plan Rate Study - City of Huntington Beach (CA) – Water and Wastewater Connection Fee Study - Cabazon Water District (CA) – Water Cost of Service and Rate Study - City of Cerritos (CA) – Water and Wastewater Cost of Service and Rate Study - Yorba Linda Water District (CA) – Water and Wastewater Cost of Service and Rate Study
- City of Rialto (CA) – Water and Wastewater Financial Plan Rate Study - Twentynine Palms Water District (CA) – Water Cost of Service and Rate Study - Amador Water Agency (CA) – Water and Wastewater Cost of Service and Rate Study
- Purissima Hills Water District (CA) – Water Rate Study - Scotts Valley Water District (CA) – Water Rate Study
- Peninsula Community Services District (CA) – Water and Sewer Rate Study 856
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Water Resources Economics
Resume – Stephanie Guida, Prop. 218 Support and Public Outreach
TECHNICAL SPECIALTIES
-Adobe Creative Cloud
-Wix website development
-Social media administration
-CivicPlus website administration
EDUCATION
California Baptist University, Riverside, California, 2006 Masters Studies in Business Administration
Group ESC Business School, Marseille, France, 2002
California State University, San Bernardino, California, 2002 B.S. Business Administration, Management Information Systems Concentration, Minor in Finance
STRATEGIC COMMUNICATIONS
Water Resources Economics, LLC, 2025–Present
• Develops strategic communications for Proposition 218 outreach, translating complex rate studies and financial planning into clear, legally compliant public communications.
• Collaborates with financial consultants, District staff, and legal counsel to develop customer-focused notices, Board presentations, FAQs, websites, newsletters, and outreach materials.
East Valley Water District, 2017–Present
• Graphic Design Consultant supporting customer outreach, annual reports, budgets, newsletters, Proposition 218 communications, capital improvement messaging, and educational campaigns.
Valley County Water District, 2017–Present
• Member of the Public Affairs team providing strategic communications, annual reports, customer education, social media, community engagement, Aquacademy educational programs, and centennial campaign materials.
City of Santa Monica, Water Resources Division, 2021–Present • Develops customer communication materials supporting water supply, conservation, recycled water, construction outreach, facility projects, and community engagement initiatives.
Southern California Water Utilities Association, 2022–Present 857
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• Develops branding, conference materials, presentations, event graphics, and communication resources supporting member agencies and industry education.
San Bernardino Valley Municipal Water District, 2023–Present • Develops technical reports, educational publications, activity books, visual communication campaigns, and public outreach materials supporting regional water education.
City of Glendora, Water Division, 2023–Present
• Creates conservation outreach campaigns, customer education materials, promotional giveaways, and public engagement resources supporting water efficiency programs.
La Puente Valley County Water District, 2023–Present
• Strategic communications and graphic design consultant supporting customer outreach, annual reports, social media, newsletters, and community education initiatives.
Public Water Agencies Group/Conservation Education Team, 2023–Present • Develops social media, presentations, graphic design, and regional communications supporting member agencies and conservation initiatives. 858
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Resume – Hannah Phan, Principal Consultant (QA/QC)
TECHNICAL SPECIALTIES
-Excel-based financial models
-Cost of service rate studies
-Long-term financial plan and analysis
-Capacity fee studies
-Rate structure designs
-Proposition 218
PROFESSIONAL HISTORY
- Water Resources Economics, LLC, Principal Consultant (2024-present) - Raftelis Financial Consultants, Inc., Manager (2017-2022); Senior Consultant (2009- 2016); Consultant (2007-2009)
EDUCATION
- Master of Business Administration, Finance – California State University, Los Angeles (2007)
- Bachelor of Science, International Business – California State University, Los Angeles (2006)
PROJECT EXPERIENCE
- City Of Anaheim (CA) – Water Cost of
Service and Rate Study
- City of Banning (CA) – Recycled Water
Revenue Program
- Beaumont-Cherry Valley Water District
(CA) – Water Rate and Connection Fee
Study
- City of Beverly Hills (CA) – Wastewater
Cost of Service and Rate Study
- City of Brentwood (CA) – Water and
Wastewater Rate Study
- Calleguas Municipal Water District (CA)
– Water Cost of Service and Rate Study
- Casitas Municipal Water District (CA) –
Water Cost of Service and Rate Study
- Castaic Lake Water Agency (CA) – Water
Cost of Service and Rate Study
- Carpinteria Sanitary District (CA) –
Wastewater Cost of Service and Rate
Study
- Central Contra Costa Sanitation
District (CA) – Wastewater Cost of
Service and Rate Study
- City of Chino (CA) – Water Cost of
Service and Rate Study
- Clark County Water Reclamation
District (NV) – Wastewater Cost of
Service and Rate Study
- Contra Costa Water District (CA) –
Treated and Untreated Water Cost of
Service and Rate Study
- East Bay Municipal Utility District (CA) –
Water and Wastewater Cost of Service
and Rate Study & Capacity Fee Study
- City of Escondido (CA) – Water Cost of
Service and Rate Study, Wastewater Cost
of Service and Rate Study
- Goleta Water District (CA) – Water and
Wastewater Rates and Connection Fee
Study
- Goleta West Sanitary District (CA) -
Wastewater Cost of Service and Rate
Study
- Jurupa Community Services District
(CA) – Water and Wastewater Cost of
Service and Rate Study
- Kinneloa Irrigation District (CA) – Water
Rate Study
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Water Resources Economics
- City of Livermore (CA) – Water Cost of
Service and Rate Study
- City of Livingston (CA) – Water,
Wastewater and Solid Waste Rate Study
- Los Angeles Department of Water and
Power (CA) – Water Rate Study and
Wheeling Charge Review
- Marin Municipal Water District (CA) –
Water Cost of Service and Rate Study,
Water Financial Plan Update
- Napa Sanitation District (CA) –
Wastewater Cost of Service and Rate
Study
- City of North Las Vegas (NV) – Water and
Wastewater Rate Study
- Olivenhain Municipal District (CA) –
Water, Recycled Water, and Wastewater
Rate Study
- City of Ontario (CA) – Water,
Wastewater, and Solid Waste Cost of
Service and Rate Study
- Palmdale Water District (CA) – Water
Budget Rate Study
- City of Palo Alto (CA) – Water Cost of
Service and Rate Study
- City of Pleasanton (CA) – Water,
Recycled Water, and Wastewater Cost of
Service and Rate Study
- City of Redlands (CA) – Water Cost of
Service and Rate Study and Impact Fee
Study
- City of San Diego (CA) – Wastewater
Rate Study and Recycled Water Pricing
Study
- City of Santa Barbara (CA) – Water,
Wastewater, and Recycled Water Cost of
Service and Rate Study
- City of South Pasadena (CA) - Water
Cost of Service and Rate Study and Water
Budget Rate Study
- City of Tacoma (WA) – Water,
Wastewater, and Solid Waste Cost of
Service and Rate Study
- Union Sanitary District (CA) –
Wastewater Cost of Service and Rate
Study
- City of Vallejo (CA) – Water Cost of
Service and Rate Study
- Vallejo Flood and Wastewater District
(CA) – Wastewater Cost of Service and
Rate Study, Property Tax Roll Update,
Wastewater Cost of Service and Rate
Study Update
- City of Ventura (CA) – Water,
Wastewater, and Recycled Water Cost of
Service and Rate Study
- Ventura County Public Works Agency
(CA) – Water Cost of Service and Rate
Study
- Zone 7 Water Agency (CA) – Cost of
Service Study and Water Rate Study
Update
860
Water and Wastewater Rate Study and Recycled Water Rate Implementation Strategy City of Banning
Water Resources Economics
Resume – Nancy Phan, Principal Consultant (QA/QC)
TECHNICAL SPECIALTIES
-Excel-based financial models
-Cost of service studies
-Water and wastewater rate design
-Technical report writing
-Proposition 218 rates
-Data analysis
PROFESSIONAL HISTORY
- Water Resources Economics, LLC, Principal (2023-present) - Raftelis Financial Consultants, Inc., Manager (2022-2023); Senior Consultant (2020-2021); Consultant (2018-2019); Associate Consultant (2016-2017)
EDUCATION
- Bachelor of Arts, Business Economics - University of California, Irvine (2015)
PROJECT EXPERIENCE
- Amador Water Agency (CA) – Water and
Wastewater Cost of Service and Rate
Study, Water Capacity Fees
- Antelope Valley East Kern Water
Agency (CA) – Water Cost of Service and
Rate Study Update
- Carpinteria Valley Water District (CA) –
Water Cost of Service and Rate Study,
Water Cost of Service and Rate Study
Update
- Central Contra Costa Sanitation
District (CA) – Wastewater Cost of
Service and Rate Study Update, Capacity
Fee Calculation
- Coastside County Water District (CA) –
Water Cost of Service and Rate Study and
Updates, Water Shortage Rate Study and
Updates
- Contra Costa Water District (CA) –
Treated and Untreated Water Cost of
Service and Rate Study
- City of Corona (CA) – Water Cost of
Service and Rate Study
- City of Covina (CA) – Water Cost of
Service and Rate Study
- City of Escondido (CA) – Water Cost of
Service and Rate Study, Wastewater Cost
of Service and Rate Study
- City of Hayward (CA) – Water Rate Study
and Update, Wastewater Rate Study,
Water and Sewer Connection Fees, Water
Drought Rates
- King County Wastewater Treatment
Division (WA) – Wastewater Financial
Model and Rate Design
- City of La Habra (CA) – Water Cost of
Service and Rate Study, Wastewater Cost
of Service and Rate Study
- City of La Habra Heights (CA) – Water
Cost of Service and Rate Study
- Madera County (CA) – Groundwater
Sustainability Agency Rate Study,
Groundwater Sustainability Agency Rate
Study Update
- Marin Municipal Water District (CA) –
Water Cost of Service and Rate Study,
Water Financial Plan Update
- Montecito Water District (CA) – Water
Cost of Service and Rate Study
- City of Monterey Park (CA) – Water Cost
of Service and Rate Study
861
Water and Wastewater Rate Study and Recycled Water Rate Implementation Strategy City of Banning
Water Resources Economics
- City of Ontario (CA) – Water and
Recycled Water Cost of Service and Rate
Study and Update, Wastewater Cost of
Service and Rate Study and Update
- City of Oxnard (CA) – Water Cost of
Service and Rate Study
- City of Palo Alto (CA) – Drought Rate
Study Update, On-Call Financial Services
- City of Pasadena (CA) – Water Cost of
Service and Rate Study
- City of Pleasanton (CA) – Water,
Recycled Water, and Wastewater Cost of
Service and Rate Study and Update
- City of Pomona (CA) – Water Cost of
Service and Rate Study
- City of Port Hueneme (CA) – Water Cost
of Service and Rate Study
- Rainbow Municipal Water District (CA) –
Wastewater Cost of Service and Rate
Study
- City of Redlands (CA) – Water,
Wastewater, and Non-Potable Water
Cost of Service and Rate Study
- City of Reno (NV) – Stormwater Financial
Plan and Rate Design
- City of San Gabriel (CA) – Wastewater
Property Tax Roll, Wastewater Property
Tax Roll Update
- City of Santa Cruz (CA) – Water Cost of
Service and Rate Study, Connection Fee
Study, Wheeling Charge Calculation
- City of Santa Fe Springs (CA) – Water
Cost of Service and Rate Study
- Seattle Public Utilities (WA) – Drainage
and Wastewater Financial Model, Water
Financial Model, Solid Waste Financial
Model
- Selma-Kingsburg-Fowler County
Sanitation District (CA) – Wastewater
Cost of Service and Rate Study,
Wastewater Cost of Service and Rate
Study Update
- Soquel Creek Water District (CA) –
Alternative Water Rate Design Evaluation
- City of South Pasadena (CA) – Water
Cost of Service and Rate Study
- Stanford University (CA) – Water and
Sewer Rate Analysis, Comprehensive
Benchmarking Study
- City of Tacoma (WA) – Wastewater Rate
Study, Solid Waste Rate Study, Solid
Waste Rate Study
- City of Torrance (CA) – Water Cost of
Service and Rate Study
- Vallejo Flood and Wastewater District
(CA) – Wastewater Cost of Service and
Rate Study Update, Property Tax Roll
Update
- Valley Water / Santa Clarita Valley
Water District (CA) – Recycled Water
Cost Allocation Evaluation
- County of Ventura (CA) – Water Rate
Studies (for four Waterworks Districts)
- Walnut Valley Water District (CA) –
Domestic and Recycled Water Cost of
Service and Rate Study
- West Basin Municipal Water District
(CA) – Wholesale Drinking Water Rate
Analysis
- Zone 7 Water Agency (CA) – Wholesale
Treated Rate Study and Updates,
Wholesale Untreated Rate Study and
Updates
PUBLICATIONS
- Armstrong, J., Harmon, K., Phan, N., “The Power of Data to Improve Water Use Efficiency and Conservation,” Journal AWWA, June 2017, Volume 109, No. 6. 862
Notice of
Public Hearing:
Proposed Adjustments to Sewer Rates
This notice is being furnished to you by the City of
Vista (City) pursuant to California Constitution Article XIIID (also known as “Proposition 218”). Under the
terms of Proposition 218, the City is required to notify the property owners of record of proposed changes
to property-related fees, such as sewer services.
If you are currently serviced by a septic system,
please disregard this notice.
Important Information
About Your Rates:
Rate adjustments are based on the updated
Rate Study presented to the City Council on
March 24, 2026.
Additional resources, including details on how
to participate in the public hearing and a full
copy of the Rate Study are available at:
vista.gov/SewerRates
Members of the Public are Invited to
Review the Rate Study and Attend:
Public Hearing
Tuesday, May 26, 2026 at 5:30pm
Vista City Council Chambers
200 Civic Center Drive, Vista, CA 92084
Details about the proposed sewer rate
adjustments are included in this notice.
Why Have You Received This Notice:
You have received this information because the City
is evaluating rate adjustments that would affect your
sewer bill. The City periodically evaluates sewer rates to ensure sufficient revenue is available to maintain
an adequate rate structure to provide safe and
reliable sewer service, including:
• Fund Vista’s Costs of Operating and Maintaining
the Sewer and Sewage Treatment System;
• Meet Regulatory Compliance; and
• Rehabilitate and Reconstruct Aging Infrastructure
The proposed changes are based on a rate study
conducted by an independent financial consultant.
The research, reasoning and analysis behind
the proposed adjustments are explained in this
document, will be addressed at the public hearing,
and are available on the City’s website at:
vista.gov/SewerRates
The public hearing will cover proposed rate increases
for sewer services. If approved, the proposed sewer
rate adjustments will take effect July 2026, July 2027, and July 2028.
Please refer to the “How Can You Participate”
section for instructions on submitting a formal written protest against the proposed action. All written
protests will be verified. You may also appear at the
public hearing to share any comments or concerns.
Notice of Public Hearing:Proposed Adjustments to Sewer Rates Vista, CA 92084200 Civic Center Drive
200 Civic Center Drive, Vista, CA 92084Vista City Council ChambersTuesday, May 26, 2026 at 5:30pmPublic Hearing public hearing to review the proposed rate study.members of the public are invited to attend a adjustments to the City’s sewer service rates. All conduct a public hearing to consider recommended This serves as notice that the City of Vista will Why Are Rate Adjustments Necessary?
The updated rates will allow the City to address the
long-term needs of the community, including:
How You Can Participate:
The City welcomes your participation and input
throughout the process as they consider the changes
explained in this notice. If you have questions or
comments about the City’s proposed rates, you can:
Write. Property owners or account holders may submit
written protests or legal objections by mail or in person to the City of Vista, Office of the City Clerk, 200 Civic Center Drive, Vista, CA 92084. Only one written protest per parcel should be submitted and must include the name of the
record owner or customer of record, street address or
utility account number, and include original signature.
Protests: Protests must be received by mail no later than May 26, 2026, and you may appear at the May 26, 2026
hearing to make comments regarding the proposed rates.
Protests may also be delivered in person and must be
received until the May 26, 2026, public hearing is closed.
Legal Objections: To be considered sufficient, a legal
objection must be submitted in writing and must
describe the nature of the objection with sufficient
specificity (enough detail) to allow the City to respond in writing. Written legal objections must be received by May 26, 2026. Pursuant to Government Code Section
53759.1, failure to submit a timely and sufficient written objection will bar any right to challenge the proposed
rates in a judicial proceeding. Pursuant to Government
Code Section 53759, any judicial action or proceeding
challenging any new, increased, or extended water fee or charge must be filed within 120 days from the effective date of the resolution adopting the fee or charge. In any legal challenge, judicial review will generally be limited to the administrative record developed by the District, as provided in Government Code Section 53759.2.
Attend the Public Hearing. Members of the public
are welcome to attend the public hearing regarding the
proposed rate changes. At the hearing, all members of
the public will have the opportunity to speak, but verbal comments alone do not qualify as a formal protest.
Public Hearing Process. At the time of the public
hearing, the City will hear and consider all written protests and public comments. After the public hearing, if a
majority of the property owners or account holders of the impacted parcels submit written protests in opposition to the proposed rate adjustments, then the proposed rate
adjustments will not be imposed. If a majority written
protest is not received, the City may adopt the proposed changes, though they are not obligated to.
Maintenance,
Repair and
Upgrade of the
City Sewer System
City’s Share
of the Costs (40%)
at the Encina
Treatment Facility
Si gustaría obtener esta información en
español, por favor visite vista.gov/SewerRates
o contáctenos a (760) 639-6139.
Proposed changes are
described in more detail in
the City’s Rate Study available
by scanning this QR code or
visiting vista.gov/SewerRates
ATTACHMENT A
863
What Are The Proposed Changes?
If approved, the average household will see an
average annual sewer rate increase of 5.1% on their
annual bill beginning July 2026.
Residential customers will see the following
increases in the first year.
Proposed Sewer Rates
A proposed three-year schedule of sewer rates
are shown below.
Billing Change: Beginning in July 2026, the City
will no longer issue direct bills for sewer services.
Instead, the service charges will be collected on your
property tax bill.
Lifeline Rebate Program: Residential customers
meeting low-income limits qualify for a 30% service
charge rebate.
Understanding Your Rate Structure
The cost of providing service and service charges are
proportionally distributed amongst sewer customers
based on usage and strength.
Residential Customers
Residential rates are annual flat charges based on
the type of dwelling unit. Commercial and industrial
wastewater is composed of two separate rate
components:
1. Fixed Charge Based on the Capacity Owned, and
2. Volumetric Charge Based on the Strength of the
Wastewater
Residential customers within the city generally have
very similar wastewater characteristics. This includes
the amount of wastewater discharged into the City’s
pipes as well as the level of treatment required once
the sewer water is received by Encina. Since most
customers are residential, this flat charge helps the
City keep costs low, which translates into savings for
our customers.
Commercial Customers
Commercial/Industrial users may be subject to a
capacity rental charge based on the volumetric excess
flow over sewer capacity owned.
Sewer Services Overview
Once water drains from a sink, bathtub, washing
machine, or toilet, it becomes wastewater. In the City
of Vista, 215 miles of underground pipes from our
homes and businesses lead all of our wastewater
into one central pipe, which enters the Encina
Wastewater Treatment Facility in Carlsbad. At Encina,
all wastewater is cleansed of pollutants before it’s
released into the ocean. As a result of this collection system and treatment process, public health and
water quality are preserved and protected.
In addition to wastewater collection, the City provides water quality protection services. These services
protect life, property, receiving waters, and the
environment from loss or damage by discharges from
within the City’s jurisdiction.
In partnership with our
customers, we are dedicated
to managing our City’s sewer
collection system and in
protecting our waterways.
What Does My Sewer Bill Fund?
The sewer system’s expenses (as shown below)
are primarily fixed in nature, meaning they are not
connected to the flow of wastewater through the
system. The City’s sewer system includes pump stations
and over 215 miles of collection pipes located under
almost every street in the City. To maintain the system, City crews clean and CCTV pipelines on a cyclical basis.
Equipment
Maintenance
Utilities 17%
22%
20%
22%
19%
Encina
Operation &
Maintenance
Staffing (Collection &
System Maintenance)
Capital
(Collection
& System
Improvements)
Encina Capital
Improvements
City Limits CURRENT
RATES
Proposed
July 2026
Proposed
July 2027
Proposed
July 2028
Residential Per Unit/Year
Single Family $ 708 $ 744 $ 785 $ 829
Multi-Family 495 521 550 581
Industrial/Commercial
Fixed Portion (Per EDU Owned) $ 177 $ 215 $ 227 $ 240
Strength Portion (Per HCF)
Low Strength 6.56 6.07 6.41 6.77
Medium Strength 7.70 7.52 7.94 8.38
High Strength 11.00 12.58 13.28 14.02
Capacity Rental Charge
Per Excess EDU Used $ 546 $ 671 $ 671 $ 671
1. Single Family Residential includes condominiums, townhomes and duplexes.
2. Multi- Family Residential includes apartments of three or more dwellings units and mobile homes.
3. Commercial/ Industrial customer charges vary depending on the type of use, amount of flow, and strength of flow.
4. Strength Portion Includes Biochemical Oxygen Demand: amount of oxygen required to stabilize the waste biologically.
5. Strength Portion Includes Suspended Solids: solids in wastewater that cannot be removed with conventional gravity settling which requires treatment.
6. Capacity Rental Charge Applied to Commercial/ Industrial users who discharge more capacity than they own.
7. EDU: Unit of measure which is based on the flow characteristic of an average single- family residence(160 gallons/ day).
8. HCF (Hundred Cubic Feet) = 748 Gallons of Water
If you have questions about the
proposed rate increase, please
contact City staff at (760) 639-6139.
An independent financial consultant conducted a
cost-of-service study in partnership with the City. The study includes a legally compliant rate framework that
ensures fairness and equity to all customers.
As a public agency, the City cannot
earn a profit from the services it
provides, and must charge no more
than the actual costs associated with
providing services to its customers.
$36 Single-Family
Annual Increase
Average $26 Multi-Family
Annual Increase
Average
864
Notice of Public Hearing:
Proposed Adjustments to Water Rates
This notice is being furnished to you by the Serrano
Water District (SWD or District) pursuant to California Constitution Article XIIID (also known as “Proposition
218”). Under the terms of Proposition 218, the District is required to notify the property owners of record of
proposed changes to property-related fees, such as
water services.
Villa Park, California 92861-644618021 East Lincoln Street Important
Information
About Your Rates
Rate adjustments are based on the updated Rate
Study presented to the District’s Board of Directors
on March 19, 2026. Additional resources, including
details on how to participate in the public hearing
and a full copy of the Rate Study are available at:
serranowater.org/prop-218-public-hearing
All Members of the Public are Invited
to Review the Rate Study and Attend:
Rate Study Workshop
Thursday, May 14, 2026 at 5:00pm
Board Room, District’s Administrative Office
18021 Lincoln Street, Villa Park, CA 92861
Public Hearing
Wednesday, May 27,2026 at 5:00pm
Board Room, District’s Administrative Office
18021 Lincoln Street, Villa Park, CA 92861
Details about the proposed water rate
adjustments and water supply pass-through
fees are included in this notice.
Rate Study Workshop: public hearing to review the proposed rate study.are invited to attend a rate study workshop and water service rates. All members of the public recommended adjustments to the District’s District will conduct a public hearing to consider This serves as notice that the Serrano Water Proposed Adjustments to Water Rates
Notice of Public Hearing:
Thursday, May 14, 2026 at 5:00pm
Public Hearing: Wednesday, May 27, 2026 at 5:00pm18021 Lincoln Street, Villa Park, CA 92861Board Room, District’s Administrative Office Why Have You Received this Notice?
You have received this information because the District is evaluating rate adjustments that would affect your
water bill. SWD periodically evaluates water rates to
ensure sufficient revenue is available to provide safe
and reliable service.
The proposed changes are based on a rate study
conducted by an independent financial consultant.
The research, reasoning and analysis behind the
proposed adjustments are explained in this document,
will be addressed at the rate study workshop and public hearing, and are available on the District’s website at:
serranowater.org/prop-218-public-hearing
The meeting and hearing will cover proposed rate
increases for water services and water supply passthrough fees. If approved, the proposed water rate adjustments will take effect July 2026, July 2027, July 2028, July 2029, and July 2030.
Please refer to the “How Can You Participate” section
for instructions on submitting a formal written protest against the proposed action. All written protests will be verified. You may also appear at the public hearing to
share any comments or concerns.
How You Can Participate
The District welcomes your participation and input
throughout the process as they consider the changes
explained in this notice. If you have questions or
comments about the District’s proposed rates, you can:
Write. Property owners or account holders may submit
written protests or legal objections by mail or in person to the Serrano Water District, Attention Clerk of the
Board, 18021 East Lincoln Street, Villa Park, CA 92861- 6446. Only one written protest per parcel should be
submitted and must include the name of the record
owner or customer of record, street address or utility
account number, and include original signature.
Why Are Rate Adjustments Necessary?
Rate adjustments ensure the District can continue to
maintain reliable water services and invest in critical infrastructure. The updated rates will allow the District to address the long-term needs of the community,
including:
Protests: Protests must be received by mail no later than May 27, 2026, and you may appear at the May 27, 2026
hearing to make comments regarding the proposed rates.
Protests may also be delivered in person and must be
received until the May 27, 2026, public hearing is closed.
Aging
Mainline
Replacement
Project
Smith
Reservoir
Booster and
Reservoir
Replacement
Project
Aging Well
Replacement and
Local Water Reliability
Enhancement
Legal Objections: To be considered sufficient, a legal
objection must be submitted in writing and must describe the nature of the objection and alleged noncompliance
with sufficient specificity (enough detail) to allow the District to respond in writing. Written legal objections must be received by 4:00pm on May 13, 2026. Pursuant
to Government Code Section 53759.1, failure to submit a timely and sufficient written objection will bar any right to challenge the proposed rates in a judicial proceeding.
Pursuant to Government Code Section 53759, any judicial action or proceeding challenging any new, increased, or extended water fee or charge must be filed within 120 days from the effective date of the resolution adopting the fee or charge. In any legal challenge, judicial review will generally be limited to the administrative record developed by the District, as provided in Government Code Section 53759.2.
Attend the Public Hearing. Members of the public
are welcome to attend the rate study workshop and
public hearing regarding the proposed rate changes.
At the hearing, all members of the public will have the opportunity to speak, but verbal comments alone do not
qualify as a formal protest.
Public Hearing Process. At the time of the public
hearing, the District will hear and consider all written protests and public comments. After the public hearing, if a majority of the property owners or account holders of the impacted parcels submit written protests in
opposition to the proposed rate adjustments, then
the proposed rate adjustments will not be imposed. If
a majority written protest is not received, the District may adopt the proposed changes, though they are not
obligated to.
Increased Operational
Costs, Including
but not Limited to
Energy, Wholesale
Water Supplies, and
Personnel Costs
Please refer to the “Planning for the Future” section for additional information about planned projects.
865
What are the Proposed Rate Changes?
If approved, the average household will see an
average water rate increase of 8.2% on their monthly
bill beginning July 2026.
Pass-Through Adjustments. The proposed rates include
projected cost increases in imported water purchases
and groundwater pumping assessments that the District
pays to outside agencies. The District has little or no control over these costs. Per California Government Code Section 53756, the District reserves the right to adjust the proposed rates to pass through actual cost increases to imported water purchases and groundwater pumping
assessments that exceed the projected costs presented in the 2026 Water Rate Study Report.
Costs eligible for pass-through include:
a) Municipal Water District of Orange County (MWDOC) rates, fees and charges imposed on the District by MWDOC for
imported water purchases and other MWDOC charges, and
(b) The entirety of any increase in replenishment assessments, basin equity assessments, and other charges and fees adopted or imposed by Orange County Water District (OCWD) relating to groundwater produced by the District. No pass-through event shall increase rates in a manner that results in the District exceeding its cost of providing water service.
c) Additionally, Government Code 53756 authorizes a water supplier to pass through the costs of inflation where actual inflation exceeds projected inflation included in the five-year rate structure proposed herein. The District therefore proposes to authorize, but not require, annual adjustments for inflation, as measured by the Labor Consumer Price Index, All Urban Consumers, for the Los Angeles Region, https ://www.bls.gov/ regions/west/news-release/consumerpriceindex losangeles. htm (CPI), where the District determines that inflation during the prior 12 months, as measured by the CPI, was higher than projected in the five year rate structure proposed for approval herein, and passing through of such additional inflation costs will not cause the District to exceed the actual cost of providing water service to District customers.
Prior to implementing pass-through increases as
described herein, the District will provide written notice of the rate increase or increases to customers not less than 30 days prior to the effective date of the increase.
Understanding Your Rate Structure
No changes to the current water rate structure for this fiscal year were proposed as part of this rate study. The rate increases proposed herein will not take effect until July 1, 2026. The District’s current water rate structure includes:
Fixed Meter/Readiness to Serve Charge. Meter
charges are fixed and based on the meter size.
This charge is the same each month regardless of
how much water is used each billing period. It is
calculated to recover a portion of the District’s fixed costs, including administration, billing and collections, customer service, meter reading and maintenance, and
a portion of costs to provide and meet system capacity
(water treatment, distribution, and storage).
Commodity/Volumetric Charge. The commodity/
volumetric charge structure consists of a single rate
per unit of water consumed. It is calculated based on
the cost of providing water, including water treatment
costs, groundwater extraction, and purchasing
imported water. It also recovers costs for the District’s capital improvement and conservation programs.
The majority of monthly
bills are expected to
increase by less than $20.
Residential customers
will see the following
increases in the first year.
+ $16.99
MONTHLY AVERAGE
METER SIZE CURRENT
RATES
Proposed
July 2026
Proposed
July 2027
Proposed
July 2028
Proposed
July 2029
Proposed
July 2030
Fixed Meter/Readiness to Serve Charge (Monthly)
1-Inch and Under $ 45.23 $ 47.72 $ 52.02 $ 56.71 $ 61.82 $ 67.39
1.5-Inch 50.12 74.03 80.70 87.97 95.89 104.53
2-Inch 54.94 105.60 115.11 125.47 136.77 149.08
3-Inch 64.61 189.79 206.88 225.50 245.80 267.93
4-Inch 74.32 284.50 310.11 338.02 368.45 401.62
6-Inch 132.33 547.59 596.88 650.60 709.16 772.99
Readiness to serve charge includes 1 billing unit or one hundred cubic feet delivered per month.
Volumetric rate starts when water use exceeds one unit of water.
Volumetric Rate (per HCF)
All Water Use
Exceeding One
HCF Per Month
$ 5.58 $ 6.08 $ 6.63 $ 7.23 $ 7.89 $ 8.61
*HCF (Hundred Cubic Feet) = 748 Gallons of Water
Proposed Water Rates
A proposed five-year schedule of fixed charges/readiness to serve and volumetric rates are shown below.
SWD is committed to providing the highest
quality services at the lowest possible rates
for its customers.
While the District continually strives for cost
reductions and better utilization of the assets it holds, it also requires rate adjustments to allow the District to continue operating its facilities in a safe manner.
Proposed changes, and the cost
justifications therefore, are described
in more detail in the District’s
Rate Study, which is incorporated
herein by reference, and which
is available by scanning this QR
code or visiting serranowater.org/
District Overview prop-218-public-hearing.
SWD is an independent water district established in
1927, with a five-member elected Board of Directors.
Population in
City of Villa Park
6,464
Square Mile
Service Area
4.7 Water Service
Meters
2,355
The District service area is largely built out with large lot single-family homes, one shopping center and
office building, schools, and City Hall complex.
As a public agency, SWD cannot earn
a profit from the services it provides,
and must charge no more than the
actual costs associated with providing
services to its customers.
An independent financial consultant conducted
a cost-of-service study in partnership with the
District. The study includes a legally compliant
rate framework and is updated every five years
to ensure it remains fair and equitable.
If you have questions about the
proposed rate increase, please
contact SWD staff at (714) 538-0079.
Planning for the Future
Capital improvement projects are carefully planned and
prioritized. This ensures infrastructure investments are designed to support and maintain reliable water service, meeting current and future needs of the community.
These projects include:
New Groundwater Well ($8 million)
Provides an additional groundwater supply to support reliability.
Smith Reservoir & Pump Station Replacement
($27 million)
Replaces aging infrastructure to maintain storage capacity.
Mainline Replacement Program ($11.1 million)
Replaces and upgrades aging water pipelines to reduce leaks and service disruptions.
Lockett Reservoir Corrosion Prevention ($2 million)
Protects existing reservoir from corrosion to extend its service life and maintain water quality.
Miscellaneous Capital Replacement ($1.2 million)
Addresses replacement of critical system components.
866
(805) 449-2201 | [email protected]
Thousand Oaks, CA 913622100 E Thousand Oaks Blvd.UTILITY SERVICE BILLINGCITY OF THOUSAND OAKS 2100 Thousand Oaks Blvd, Thousand Oaks, CA 91362(Andrew P. Fox City Council Chambers)Thousand Oaks Civic Arts Plaza Scherr Forum TheatreTuesday, November 4, 2025, at 6:00pmpublic hearing to review the proposed rate study.rates. All members of the public are invited to attend the adjustments to the City’s water and wastewater services will conduct a public hearing to consider recommended This serves as notice that the City of Thousand Oaks Notice of Public Hearing: Proposed Adjustments to Water and Wastewater Rates Rate adjustments are based on the updated Rate
Study presented to the City Council on Tuesday
September 9, 2025, at 6:00pm.
Additional resources, including the staff report,
meeting minutes from the September 9 City Council
meeting, details on how to participate in the public
hearing, and a full copy of the Rate Study, are available at: toaks.gov/rates
Important Information About Your Rates
All Members of the Public are Invited to Review the
Proposed Rate Studies and Attend the Public Hearing:
Notice of Public Hearing:
Proposed Adjustments to
Water and Wastewater Rates
This notice is being furnished to you by the City
of Thousand Oaks (City) pursuant to California
Constitution Article XIIID (also known as
“Proposition 218”). Under the terms of Proposition
218, the City is required to notify the property owners of record of proposed changes to property-related
fees, such as water and wastewater services.
Secure
Water Supply
Meet Regulatory
Requirements
Repair and Replace
Aging Infrastructure
You have received this information because the City
is evaluating rate adjustments that would affect your
water and wastewater bill. The City of Thousand Oaks
periodically evaluates water and wastewater rates to
ensure sufficient revenue is available to provide safe
and reliable service.
The proposed changes are based on a rate study
conducted by an independent financial consultant.
The research, reasoning and analysis behind the
proposed adjustments are explained in this document,
will be addressed at the public hearing, and are
available on the City’s website: toaks.gov/rates
The public hearing before City Council will cover
proposed rate increases for water and wastewater
services, and a proposed water shortage surcharge.
If approved, the proposed water rate adjustments
will take effect January 2026 and January 2027.
Wastewater rates will take effect July 2026 and
July 2027.
Please refer to the “How Can You Participate” section
for instructions on submitting a formal written protest against the proposed action. All written protests will
be verified. You may also appear at the public hearing
to share any comments or concerns.
Why Have You Received this Notice?
Rate adjustments ensure the City can continue to
maintain reliable water and wastewater services,
invest in critical infrastructure, and meet the longterm needs of the community.
Why Are Rate Adjustments Necessary?
Improve
Water Quality
Si gustaría obtener esta información en español, por favor visite toaks.gov/rates o contáctenos a (805) 449-2201 ext. 3.
The City of Thousand Oaks welcomes your participation and input throughout the process as the City Council considers the changes explained in this notice. If you have questions or comments about the City’s proposed rates, you can:
How You Can Participate
Write. Property owners or account holders may submit
written protests or legal objections by mail or in person to the City of Thousand Oaks, Attention City Clerk, 2100 Thousand Oaks Blvd, Thousand Oaks, CA 91362. Only
one written protest per parcel should be submitted and
must include the name of the record owner or customer
of record, street address or utility account number, and include original signature.
Protests: Protests must be received by mail no later than November 4, 2025, and you may appear at the November 4, 2025 hearing to make comments regarding the proposed rates.
Protests may also be delivered in person and must be received until the November 4, 2025, public hearing is closed.
Legal Objections: To be considered sufficient, a legal objection must include a description of the nature of the legal objection with sufficient specificity to allow the City to respond in writing. Legal objections must be received by November 4, 2025. Pursuant to Government Code Section 53759.2, failure to submit a sufficient legal objection by November 4, 2025 will bar your right to challenge the proposed rates through a legal proceeding. Pursuant to Government Code Section 53759,
there is a 120-day statute of limitations from November 5, 2025 for any judicial action or proceeding challenging any new, increased, or extended water and wastewater fee or charge.
Attend the Public Hearing. Members of the public are welcome to attend the public hearing regarding the proposed rate changes. At the hearing, all members of the public will have an opportunity to speak, but verbal comments alone do not qualify as a formal protest.
Public Hearing Process. At the time of the public hearing, the City Council will hear and consider all written protests and public comments. After the public hearing, if a majority of the property owners or account holders of the impacted parcels submit written protests in opposition to the proposed rate adjustments, then the proposed rate adjustments will not be imposed. If a majority written protest is not received, the City Council may adopt the proposed changes, though they are not obligated to.
Visit toaks.gov/rates or scan
QR code for more information.
Tuesday, November 4, 2025, at 6:00pm
Thousand Oaks Civic Arts Plaza Scherr Forum Theatre
(Andrew P. Fox City Council Chambers)
2100 Thousand Oaks Blvd, Thousand Oaks, CA 91362
Details about the proposed water and wastewater
rate adjustments, and water shortage surcharge are
included in this notice.
867
Proposed Water Rates
A proposed two-year schedule of fixed charges,
commodity rates, and pumping charges is shown below.
Proposed Water Shortage Surcharge
In times of water shortage, State water regulators and
local water availability require the City to implement
mandatory conservation measures to protect and extend
COMMODITY
RATE BY STAGE
BASELINE
COMMODITY RATE
STAGE 1 (0-10%)
STAGE 2
(11-20%
SHORTAGE)
STAGE 3
(21-30%
SHORTAGE)
STAGE 4
(31-40%
SHORTAGE)
STAGE 5
(41-50%
SHORTAGE)
STAGE 6
(>50%
SHORTAGE)
JAN
2026
JAN
2027
JAN
2026
JAN
2027
JAN
2026
JAN
2027
JAN
2026
JAN
2027
JAN
2026
JAN
2027
JAN
2026
JAN
2027
Single-Family Residential Tiered Commodity Rates
Tier 1: 0-12
HCF/Month $ 7.16 $ 8.10 $ 7.63 $ 8.64 $ 8.10 $ 9.17 $ 8.71 $ 9.86 $ 9.51 $ 10.78 $ 12.44 $ 14.11 Tier 2: 13-30
HCF/Month 7.79 8.76 8.26 9.30 8.73 9.83 9.34 10.52 10.14 11.44 13.07 14.77 Tier 3: >30
HCF/Month 8.15 9.14 8.62 9.68 9.09 10.21 9.70 10.90 10.50 11.82 13.43 15.15 Uniform Commodity Rates
Multi-Family
Residential,
Non-Residential,
and Groundwater
$ 7.54 $ 8.50 $ 8.01 $ 9.04 $ 8.48 $ 9.57 $ 9.09 $ 10.26 $ 9.89 $ 11.18 $ 12.82 $ 14.51 Construction 8.15 9.14 8.62 9.68 9.09 10.21 9.70 10.90 10.50 11.82 13.43 15.15 Proposed Wastewater Rates
A proposed two-year schedule of wastewater charges
and service unit definitions are shown below.
If approved, the average household will see an average
annual water rate increase of 5% plus pass-through
adjustments and wastewater rate increase of 9.5% on their monthly bill in 2026 and 2027.
What Are the Proposed Rate Changes?
the water supply. To ensure these requirements are met
and continue meeting the water needs of our customers,
the City is proposing water shortage adjustments.
If adopted, the proposed water shortage stage rates
may only be implemented if the corresponding water
shortage stage (or a higher stage) has been formally
declared in accordance with the City’s Water Shortage
Contingency Plan.
When implemented, water shortage stage rates would
temporarily replace baseline commodity rates (as shown
in the proposed water rate table to the left).
Pass-Through Adjustments. The City purchases all of its water from the Calleguas Municipal Water District. The
costs of imported water are passed through to customers and recovered through the City’s water usage rates.
Pass-through adjustments were added to the proposed
commodity rates, intended to recover cost increases
directly resulting from wholesale water rate increases.
No changes to the current water and wastewater rate
structures were proposed as part of this rate study.
The City’s current water rate structure includes:
Understanding Your Rate Structure
Fixed Meter Charges. Meter charges are fixed and vary
based on meter size.
Commodity Rates. Single family residential customers are subject a three-tier commodity rate structure. All other customers are subject to uniform rates (i.e., no tiers).
Pumping Charges. Customers in higher elevation
zones pay an additional charge to cover the cost of
operating booster pump stations needed to deliver
water to those areas.
PASS-THROUGH
RATES
JANUARY
2026
JANUARY
2027
$ 0.42 $ 1.02
Proposed Water Supply Pass-Through Rates
The City’s current wastewater rate structure includes:
Fixed Rates. Each wastewater connection is subject to a fixed charge per Service Unit.
Outside City Surcharge. Each wastewater connection
located outside of city limits is subject to an additional surcharge per Service Unit.
RATES PER SERVICE UNIT CURRENT RATES JAN 2026 JAN 2027
Fixed Charge $ 39.17 $ 42.88 $ 45.89
Outside City Surcharge 0.55 0.72 0.78
METER SIZE CURRENT
RATES
JANUARY
2026
JANUARY
2027
Fixed Meter Rates (Per Month)
3/4-Inch Meter
and Smaller $ 28.41 $ 29.84 $ 31.34
1-Inch Meter 44.52 $46.75 49.09
1.5-Inch Meter 84.80 $89.04 93.50
2-Inch Meter 133.14 $139.80 146.79
3-Inch Meter 286.20 $300.51 315.54
4-Inch Meter 511.76 $537.35 564.22
6-Inch Meter 1,051.49 1,104.07 1,159.28
Fixed Private Fire Line Rates (Per Month)
2-Inch and Smaller $ 2.42 $ 2.55 $ 2.68
3-Inch 6.98 7.33 7.70
4-Inch 14.84 15.59 16.37
6-Inch 43.08 45.24 47.51
8-Inch 91.78 96.37 101.19
10-Inch 165.02 173.28 181.95
12-Inch 266.56 279.89 293.89
Commodity Rates (Per HCF*/Month)
Single-Family Residential Tiered Commodity Rates
Tier 1: 0-12 HCF $ 6.41 $ 7.16 $ 8.10
Tier 2: 13-30 HCF 7.01 7.79 8.76
Tier 3: >30 HCF 7.36 8.15 9.14
Uniform Commodity Rates
Multi-Family
Residential,
Non-Residential,
& Groundwater
$ 6.78 $ 7.54 $ 8.50
Construction 7.36 8.15 9.14
Pumping Rates (Per HCF)
Zone P1 (0 Lifts) N/A N/A N/A
Zone P2 (1 Lifts) $ 0.45 $ 0.48 $ 0.51
Zone P3 (1 Lifts) 0.45 0.48 0.51
Zone P4 (2 Lifts) 0.90 0.96 1.02
Zone P5 (3 Lifts) 1.35 1.44 1.53
*HCF (Hundred Cubic Feet) = 748 Gallons of Water
Residential customers will see the
following increases in the first year.
5%
9.5%
Water Usage History
Account Summary
Customer Name:
Account Number:
Billing Period:
Billing Date:
Service Address:
Cycle/Route:
Billing Details
CITY OF THOUSAND OAKS
UTILITY SERVICE BILLING
2100 E Thousand Oaks Blvd.
Thousand Oaks, CA 91362
(805) 449-2201 | [email protected]
CITY OF THOUSAND OAKS
UTILITY SERVICE BILLING
2100 E Thousand Oaks Blvd.
Thousand Oaks, CA 91362
(805) 449-2201 | [email protected]
Pay online 24/7 with eCheck or Credit Card!
Visit www.toaks.gov/waterbilling
4&37*$&%":4 $633&/53&"% 13*033&"% 64"(& -"45:&"3
WATER METER #017106948 HCFT
34 20 19 1 0
Water Charges:
WATER SERVICE CHARGE $44.52
USAGE CHARGE - 1.00 @ $6.78/HCFT 06/12/2025 TO 07/16/2025 $6.78 PUMPING LIFT CHARGE - 1.00 @ $0.45/HCFT 06/12/2025 TO 07/16/2025 $0.45 $51.75
CITY OF THOUSAND OAKS
44170-48152
06/12/2025-07/16/2025
07/21/2025
2100 E THOUSAND OAKS BLVD
13-13
[Sys_Acct_ID=44170-48152]
[Sys_Balance=51.75]
[Sys_FullAddress=CITY OF THOUSAND OAKS
ATTN: FACILITIES
2100 E THOUSAND OAKS BLVD
THOUSAND OAKS CA 91362-2996]
[Sys_CurPaperPage=1]
[CDATE=7/21/2025]
[CDUEDATE=8/11/2025]
[CSERVADDR=2100 E THOUSAND OAKS BLVD]
[CBILLTYPE=COMMERCIAL]
[CCYCLE=13-13]
[AUTOPAY=]
[PAPERLESS=Y]
[GIOCRL=1520000051753 0000441700000481520000051753]
[L_WATER_METER=Y]
[L_LANDSCAPE_METER=N]
[L_GRAPH_TYPE=Y]
[V_TOTAL_METERS=1]
[[email protected]]
UTILITY SERVICES BILL
Last Bill Amount
Payments
Last Payment Date
Adjustments
Balance Forward
$44.52
-$44.52
06/25/2025
$0.00
$0.00
AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL
4 3.5
3 2.5
2 1.5
1 0.5
0 Balance Forward:
Total Current Charges:
Total Amount Due by 08/11/2025:
$0.00
$51.75
$51.75
44170-48152
$51.75
08/11/2025
THIS NOTICE CONTAINS INSTRUCTIONS FOR YOU TO
OBTAIN IMPORTANT INFORMATION ABOUT YOUR
DRINKING WATER.
To view your 2025 Annual Water Quality Report and to learn more about your drinking water, please visit the following URL:
www.toaks.co/waterqualityreport The 2025 Report will be available by July 1, 2025.If you would like a paper copy of the 2025 Annual Water Quality Report mailed to you or would like to speak with someone about the report, please call (805) 449-2499.
Este reporte contiene las instrucciones más recientes para obtener información importante sobre su agua potable. Traduzcalo o hable con alguien que lo entienda bien, si necesita hablar con alguien en español favor de comunicarse al 805-449-2499. *[1/1]*
THO0718A
9000000426 00.0000.0426 426/1
AMENCODNBLDIBLCLCICK AJGDFIOAFNIPFOKKGHOK AMJPENNGIHMHAONLBILK AMHPNMOILBIKBDGFJOIK AAIIMCKIKOIIEECCMCEK
CITY OF THOUSAND OAKS
ATTN: FACILITIES
2100 E THOUSAND OAKS BLVD
THOUSAND OAKS CA 91362-2903
DDDFTFFFAADFDFFDDDTDAFTAFTAFAFFATFADAFFAFADDFAAFADAFTTTDAFFFTAATD
CITY OF THOUSAND OAKS, CA
UTILITY BILLING
PO BOX 887235
LOS ANGELES, CA 90088-7235
[Record*THO0718A*2326*44170-48152*KEY=44170-48152*Index] 0000441700000481520000051753
+ $12.77
+ $3.71
Water
Wastewater
Water Usage History
Account Summary
Customer Name:
Account Number:
Billing Period:
Billing Date:
Service Address:
Cycle/Route:
Billing Details
CITY OF THOUSAND OAKS
UTILITY SERVICE BILLING
2100 E Thousand Oaks Blvd.
Thousand Oaks, CA 91362
(805) 449-2201 | [email protected]
CITY OF THOUSAND OAKS
UTILITY SERVICE BILLING
2100 E Thousand Oaks Blvd.
Thousand Oaks, CA 91362
(805) 449-2201 | [email protected]
Pay online 24/7 with eCheck or Credit Card!
Visit www.toaks.gov/waterbilling
4&37*$&%":4 $633&/53&"% 13*033&"% 64"(& -"45:&"3
WATER METER #017106948 HCFT
34 20 19 1 0
Water Charges:
WATER SERVICE CHARGE $44.52
USAGE CHARGE - 1.00 @ $6.78/HCFT $6.78 06/12/2025 TO 07/16/2025 PUMPING LIFT CHARGE - 1.00 @ $0.45/HCFT $0.45 06/12/2025 TO 07/16/2025 $51.75
CITY OF THOUSAND OAKS
44170-48152
06/12/2025-07/16/2025
07/21/2025
2100 E THOUSAND OAKS BLVD
13-13
[Sys_Acct_ID=44170-48152]
[Sys_Balance=51.75]
[Sys_FullAddress=CITY OF THOUSAND OAKS
ATTN: FACILITIES
2100 E THOUSAND OAKS BLVD
THOUSAND OAKS CA 91362-2996]
[Sys_CurPaperPage=1]
[CDATE=7/21/2025]
[CDUEDATE=8/11/2025]
[CSERVADDR=2100 E THOUSAND OAKS BLVD]
[CBILLTYPE=COMMERCIAL]
[CCYCLE=13-13]
[AUTOPAY=]
[PAPERLESS=Y]
[GIOCRL=1520000051753 0000441700000481520000051753]
[L_WATER_METER=Y]
[L_LANDSCAPE_METER=N]
[L_GRAPH_TYPE=Y]
[V_TOTAL_METERS=1]
[[email protected]]
UTILITY SERVICES BILL
Last Bill Amount
Payments
Last Payment Date
Adjustments
Balance Forward
$44.52
-$44.52
06/25/2025
$0.00
$0.00
AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL
4 3.5
3 2.5
2 1.5
1 0.5
0 Balance Forward:
Total Current Charges:
Total Amount Due by 08/11/2025:
$0.00
$51.75
$51.75
44170-48152
$51.75
08/11/2025
THIS NOTICE CONTAINS INSTRUCTIONS FOR YOU TO
OBTAIN IMPORTANT INFORMATION ABOUT YOUR
DRINKING WATER.
To view your 2025 Annual Water Quality Report and to learn more about your drinking water, please visit the following URL:
www.toaks.co/waterqualityreport The 2025 Report will be available by July 1, 2025.If you would like a paper copy of the 2025 Annual Water Quality Report mailed to you or would like to speak with someone about the report, please call (805) 449-2499.
Este reporte contiene las instrucciones más recientes para obtener información importante sobre su agua potable. Traduzcalo o hable con alguien que lo entienda bien, si necesita hablar con alguien en español favor de comunicarse al 805-449-2499. *[1/1]*
THO0718A
9000000426 00.0000.0426 426/1
AMENCODNBLDIBLCLCICK
AJGDFIOAFNIPFOKKGHOK
AMJPENNGIHMHAONLBILK
AMHPNMOILBIKBDGFJOIK AAIIMCKIKOIIEECCMCEK
CITY OF THOUSAND OAKS
ATTN: FACILITIES
2100 E THOUSAND OAKS BLVD
THOUSAND OAKS CA 91362-2903
DDDFTFFFAADFDFFDDDTDAFTAFTAFAFFATFADAFFAFADDFAAFADAFTTTDAFFFTAATD
CITY OF THOUSAND OAKS, CA
UTILITY BILLING
PO BOX 887235
LOS ANGELES, CA 90088-7235
[Record*THO0718A*2326*44170-48152*KEY=44170-48152*Index] 0000441700000481520000051753
Monthly Average
Monthly Average
Annual Percent
Annual Percent
SERVICE UNIT CUSTOMER CLASS
EQUIVALENT RESIDENTIAL
UNIT (ERU) DEFINITION
FLOW/STRENGTH
ADJUSTMENT FACTOR
CURRENT PROPOSED CURRENT PROPOSED
Single Family Residential 1 Dwelling Unit 1 Dwelling Unit 100% 100% Multi-Family Residential 1 Dwelling Unit 1 Dwelling Unit 100% 80% General Commercial (Offices/Retail/All Other) 20 Fixture Units 20 Fixture Units 100% 100% Markets/Mortuaries 20 Fixture Units 20 Fixture Units 182% 170% Restaurants/Bakeries 20 Fixture Units 20 Fixture Units 181% 171% Restaurants (Grease Trap) 20 Fixture Units 20 Fixture Units 119% 100% Schools 20 Fixture Units 20 Fixture Units 53.5% 64%
Industrial/High Flow 180 GPD 150 GPD 67% 62%
Car Washes 180 GPD 150 GPD 71% 67%
Wastewater rates are
based on service units
to ensure customers are
billed according to the
amount of wastewater
sent into the system.
Service units are
determined by
multiplying the number
of ERUs by the flow/
strength adjustment
factor. This provides
consistency when
calculating wastewater
charges across different
customer classes.
Proposed changes are
described in more detail in
the City’s Rate Study available
online at toaks.gov/rates.
Plus PassThrough
868
869
This page intentionally left blank
870
Water and Wastewater Rate Study and Recycled Water Rate Implementation Strategy City of Banning
Water Resources Economics
PRICE PROPOSAL
WRE proposes to complete the proposed scope of work for the City of Banning based on the fee table shown below, with a not-to-exceed value of $108,805. WRE will invoice the City based on time and materials. Reimbursable expenses for Charles to attend in-person meetings are estimated to cost $145 per meeting, which includes personal vehicle use at the federal reimbursement rate per mile and meals in transit. Charges invoiced to the City for travel, lodging, and subsistence shall not exceed the current IRS rates. 871
PS Version 1 Last Reviewed: 3/4/2026
1 AGREEMENT FOR PROFESSIONAL SERVICES (C01285)
BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the ____________ by and between the CITY OF BANNING, a California municipal corporation (“City”) whose address is 99 East Ramsey Street, Banning, California 92220, and WATER RESOURCES ECONOMICS LLC, a California Limited Liability Company whose address is 10830 Pickford Way, Culver City, California 90230 (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. City desires to engage Contractor to provide the following services: water and wastewater rate study; and
B. Contractor has made a proposal (“Proposal”) to the City to provide such professional services, which Proposal is attached hereto as Exhibit “A” and incorporated herein by this reference; and
C. Contractor agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to City that Contractor possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Contractor agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after one (1) year, unless extended for up to four (4) additional one (1) year terms upon approval of the City Council of the City.
872
PS Version 1 Last Reviewed: 3/4/2026
2 2. Services to be Performed. Contractor agrees to provide the services (“Services”) as follows: comprehensive water and wastewater rate study and recycled water rate implementation strategy in accordance with Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates Sanjay Gaur as Contractor’s Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement. Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.
3. Associates and Subcontractors. Contractor may, at Contractor’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as Contractor deems necessary to perform the Services; provided, however, that Contractor shall not subcontract any of the Services without the prior written consent of City.
Contractor shall ensure that all subcontractors comply with the requirements of this Agreement, including, but not limited to, insurance, indemnification, and licensing requirements.
4. Compensation.
4.01 Contractor shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the City. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by City to Contractor under this Agreement shall not exceed the amount of One Hundred Eight Thousand Eight Hundred Five Dollars and Zero Cents ($108,805.00).
4.02 Contractor shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City, in writing.
4.03 Contractor shall submit to City, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The City shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. City shall have the right to review and audit all invoices prior to or after payment to Contractor. This review and audit may include, but not be limited to City’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
873
PS Version 1 Last Reviewed: 3/4/2026
3 b. Verification that the hours billed, when multiplied by the approved hourly rates, result in the correct total;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall either return the bill to Contractor with a request for explanation or adjust the payment accordingly and give notice to Contractor of the adjustment.
4.04 If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. Should City dispute any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Contractor in writing of the disputed portion.
5. Obligations of Contractor.
5.01 Contractor agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the City other than the Services to be rendered and the hourly rate for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, Contractor will supply all personnel, materials and equipment required to perform the Services. Contractor shall provide its own offices, telephones, vehicles and computers. Contractor will determine the method, details, and means of performing the Services under this Agreement.
5.03 Contractor shall keep City informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by City, Contractor shall prepare written status reports.
5.04 Contractor is responsible for paying, when due, all income and other taxes, fees, and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. Contractor agrees to indemnify, defend, and hold harmless City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.
874
PS Version 1 Last Reviewed: 3/4/2026
4 5.05 In the event Contractor is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 Contractor represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein.
In the event City is required to obtain an approval or permit from another governmental entity, Contractor shall provide all necessary supporting documents to be filed with such entity.
5.07 Contractor shall be solely responsible for obtaining Employment Eligibility Verification information from Contractor’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that Contractor’s employees are eligible to work in the United States.
5.08 In the event that Contractor employs, contracts with, or otherwise utilizes any CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the City and shall be subject to the City’s advance written approval.
5.09 Drug-free Workplace Certification. By signing this Agreement, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace.
5.10 Contractor shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder including, but not limited to California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act, related to their scope of work and operations. In case of conflict, the most stringent shall apply.
5.11 Contractor shall keep itself informed concerning and shall render all Services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state or local governmental entity having jurisdiction in effect at the time service is rendered.
5.12 By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the conditions, circumstances, difficulties and restrictions attending performance of the Services under this 875
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5 Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such facts and shall not proceed except at Contractor’s sole risk until written instructions are received from the Project Manager.
Contractor warrants all Services under the Agreement to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Services (or work of other contractors) damaged by Contractor’s defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor’s obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor.
In the event that Contractor fails to fulfil its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Services and any work damaged by such services or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
5.13 Time is of the essence in the performance of this Agreement.
6. Insurance. Contractor hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.
Therefore, throughout the duration of this Agreement, Contractor hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as 876
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6 Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02.
If existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; Contractor agrees to have its insurer endorse the general liability coverage required herein to include as additional insured’s City, its officials, employees and agents. Contractor also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If Contractor or Contractor’s employees will use personal autos in performance of the Services hereunder, Contractor shall provide evidence of personal auto liability coverage for each such person.
6.03 Workers’ Compensation insurance for any of Contractor’s employees that will be providing any Services hereunder. Contractor will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any Workers’ Compensation insurance will not limit the obligations of Contractor under this Agreement.
Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. Sole proprietors with no employees, LLCs, or partnerships using the services of members or partners who do not carry Workers’ Compensation insurance acknowledge that they are not subject to the Workers’ Compensation Act of the State of California and agree to complete a signed workers compensation exemption form.
6.04 Optional Insurance Coverage. Choose and check one: Required X /Not Required __; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by Contractor, its employees and/or agents in the performance of any Services for City.
6.05 Cyber Liability Insurance REQUIRED IF CHECKED HERE ONLY [___] (Technology Professional Liability – Errors and Omissions), with limits not less than $2,000,000 per occurrence or claim, and $2,000,000 aggregate or the full per occurrence limits of the policies available, whichever is greater. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach 877
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7 response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. Contractor will file with City, before beginning professional services, certificates of insurance (Acord Form 25 or equivalent) satisfactory to City evidencing.
6.06 If Claims Made Policies (applies only to professional liability and cyber liability policies):
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract work.
7. General Conditions pertaining to Insurance Coverage.
7.01 No liability insurance coverage provided shall prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor waives all rights of subrogation against City regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do the same.
7.02 Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03 All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of “A-VII”. The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
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8 Contractor or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to City.
7.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
7.06 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor or arising out of the Services performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
7.07 The coverage shall contain no special limitations on the scope of protection afforded to City, its directors, officers, employees, or authorized volunteers. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
8. Indemnification.
8.01 Contractor and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by Contractor or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to City. Contractor acknowledges that City would not enter into this Agreement in the absence of the commitment of Contractor to defend, indemnify, and protect City as set forth herein.
a. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, injuries, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by City, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. 879
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9 Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Contractor as they are incurred by City.
b. Without affecting the rights of City under any provision of this Agreement or this Section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 8A Indemnification Design Professionals. In the event that Contractor is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, Contractor shall defend, indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Contractor, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to Contractor shall not exceed Contractor’s proportionate percentage of fault.
9. Additional Services, Changes and Deletions.
9.01. In the event Contractor performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of City, Contractor shall not be compensated for such services. Contractor expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the City in writing.
9.02 Contractor shall promptly advise the City Manager and Finance Director of City as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City and/or City Council.
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10 10. Termination of Agreement.
10.01. Notwithstanding any other provision of this Agreement, City, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to Contractor.
10.02 In the event of termination, the payment of monies due Contractor for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, Contractor agrees to promptly provide and deliver to City all original documents, reports, studies, plans, specifications and the like which are in the possession or control of Contractor and pertain to City.
11. Status of Contractor.
11.01 Contractor shall perform the Services in Contractor’s own way as an independent contractor, and in pursuit of Contractor’s independent calling, and not as an employee of City. However, Contractor shall regularly confer with City’s City Manager or Project Manager as provided for in this Agreement.
11.02 Contractor agrees that it is not entitled to the rights and benefits afforded to City’s employees, including disability or unemployment insurance, Workers’ Compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, Workers’ Compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 Contractor hereby specifically represents and warrants to City that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the City is located. Further, Contractor represents and warrants that the individual signing this Agreement on behalf of Contractor has the full authority to bind Contractor to this Agreement.
12. Ownership of Documents; Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties, and all other documents of any kind or nature prepared, developed, or obtained by Contractor in connection with the performance of Services 881
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11 performed for the City shall become the sole property of City, and Contractor shall promptly deliver all such materials to City upon request. At the City’s sole discretion, Contractor may be permitted to retain original documents, and furnish reproductions to City upon request, at no cost to City.
12.02 Subject to applicable federal and state laws, rules and regulations, City shall hold all intellectual property rights to any materials developed pursuant to this Agreement.
Contractor shall not use such data or documents for purposes other than the performance of this Agreement, nor shall Contractor release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of City.
12.03 Contractor shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City’s agents for examination all of such records and shall permit City’s agents to audit, examine and reproduce such records.
12.04 Contractor acknowledges that the City is a California municipal corporation and is subject to the California Public Records Act, Government Code § 7920.000 et seq. (“CPRA”), and other applicable laws requiring public access to records. Contractor further acknowledges and agrees that any and all documents, records, data, writings, communications, materials, and other information of any kind, in any format (including electronic format), that Contractor (or any associate, subcontractor, consultant, or agent of Contractor) prepares, develops, obtains, provides, transmits, or submits to the City, or that are otherwise received or maintained by the City, in connection with this Agreement or the Services may constitute public records and may be subject to disclosure to third parties in response to a CPRA request, unless the City determines that all or a portion of the Submitted Materials are exempt from disclosure under the CPRA or other applicable law.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 882
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12 13.02 Contractor shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of City. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 Contractor shall timely file FPPC Form 700 Conflict of Interest Statements with City if required by California law and/or the City’s conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
13.06 Contractor covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 Contractor has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. Contractor agrees that they are unaware of any financial or economic interest of any public officer or employee of the City relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the City may immediately terminate this Agreement by giving notice thereof. Contractor shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
13.08 Improper Consideration. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the City in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by City. The City, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the City with respect to the proposal and award process of this 883
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13 Agreement or any City contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any City contract has been awarded. Contractor shall immediately report any attempt by any City officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor.
13.09 Severability. If any portion, section, sentence, provision or paragraph of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
13.10 Prevailing Wages. Contractor shall be responsible to comply with applicable prevailing wages laws. As a condition of payment, if applicable Contractor shall show proof of payment of wages under applicable state and federal laws and regulations relating to prevailing wages in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1, 1773.5, and 1773.9”, for Riverside County and/or 40 U.S.C. Section 276a, et. seq.
Such wage rates shall conform with those posted at City offices and the project site. In the event that the Contractor fails to pay the prevailing wages, the Contractor shall be solely liable for penalties and for the shortfall in wages and shall indemnify, defend and hold harmless City under Section 8.01 against any of the same. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1771 - Requirement to Pay Prevailing Wages
2. Section 1773.1 – Per Diem Wages; Travel and Subsistence Pay.
3. Section 1774 – Payment of Prevailing Wage Rates.
4. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
5. Section 1776 – Payroll Records and Certified Payroll Reports.
6. Section 1777.5 - Apprenticeship Requirements.
7. Sections 1810 and 1811 - Working Hour Restrictions.
8. Section 1813 - Penalty for Failure to Pay Overtime.
13.11 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry.
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14 13.12 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
13.13 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
13.14 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purpose of this Agreement.
13.15 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
13.16 Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations is delayed or prevented by causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, fires, floods, epidemics, pandemics, earthquakes, strikes, labor disputes, governmental orders, or failure of utilities. The affected party shall promptly notify the other party in writing of the occurrence of such event and shall use reasonable efforts to resume performance as soon as practicable. Force majeure shall not excuse the obligation to make payments when due. In no event shall force majeure entitle Contractor to additional compensation, but only to a reasonable extension of time.
13.17 Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified neither party shall be responsible for the service of the other.
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15 13.18 The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. The parties expressly adopt and confirm each electronic signature made by a party to this Agreement, regardless of whether delivered in person, by mail, courier, facsimile, email, or in portable document format (PDF), as if the same were manually signed and delivered in person. Each party agrees not to assert that any electronic signature is inadequate to bind such party to the same extent as if signed manually and delivered in person.
13.19 The provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement shall survive such expiration or termination.
Without limiting the foregoing, the provisions relating to indemnification, ownership of documents and intellectual property, audit and records retention, insurance obligations, confidentiality, and payment obligations shall survive the termination or expiration of this Agreement.
13.20 Notice. Any notice, demand, request, consent, approval, or other communication required or permitted to be given under this Agreement (“Notice”) shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight courier, sent by certified or registered mail (return receipt requested), or sent by electronic mail, addressed as follows:
To City:
City of Banning
Attn: City Manager
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
To Contractor:
Water Resources Economics, LLC
Attn: Sanjay Gaur
10830 Pickford Way
Culver City, California 90230
Email: [email protected]
Notices shall be deemed received as follows: (i) on the date of delivery if delivered personally; (ii) one (1) business day after deposit with a nationally recognized overnight courier; (iii) three (3) business days after deposit in the United States mail, postage prepaid; or (iv) on the date transmitted if sent by electronic mail during normal business hours of the receiving party, or on 886
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16 the next business day if sent after normal business hours. Either party may change its address for Notice by providing written Notice of such change to the other party in accordance with this Section.
13.21 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which counterparts taken together shall constitute one and the same instrument for all purposes of this Agreement.
13.22 The recitals set forth in the preamble of this Agreement are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. [SIGNATURES ON FOLLOWING PAGE]
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17 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CITY: CONTRACTOR:
CITY OF BANNING WATER RESOURCES ECONOMICS, LLC
By:_______________________ By:_______________________
Elizabeth Gibbs, City Manager Print
Name: ____________________
Date: ______________________
Date: _____________________
City Council Approval: _____________
ATTEST:
By: ______________________
Sandra Calderon, Deputy City Clerk
Date: __________________
APPROVED AS TO FORM:
By: ______________________
John O. Pinkney, City Attorney
Date: __________________
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18 EXHIBIT “A”
PROPOSAL
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30 EXHIBIT “B”
CERTIFICATES OF INSURANCE
901
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Paul Mattern, Transit Manager
Art Vela, Director of Public Works
MEETING DATE: August 25, 2026
SUBJECT: Consideration of Resolution 2026-104 Approving a Contract with Clean Energy for the Compressed Natural Gas (CNG) Fueling Station Maintenance Program
STAFF RECOMMENDATION:
Approve Resolution No. 2026-104.
BACKGROUND:
The City of Banning is in the closeout phase of the recently completed construction of a new Compressed Natural Gas (CNG) fueling station located at the City's Corporation Yard. The project was programmed and funded through the Riverside County Transportation Commission (RCTC) as part of the City's Fiscal Year 2024 Short Range Transit Plan (SRTP). The project was developed to support the City's transit operations, provide fueling infrastructure for municipal vehicles, and create additional opportunities to serve other public and authorized users.
The station represents a significant investment in the City's transportation infrastructure and supports the use of alternative fuels to reduce emissions and improve operational sustainability. The facility includes compressors, storage vessels, dispensers, controls, and related equipment necessary to provide reliable CNG fueling services.
With the station now operational, the City requires ongoing monitoring and maintenance services to ensure the safe, reliable, and efficient operation of the facility. These services include remote station monitoring, preventative maintenance, corrective maintenance, emergency response, inspections, and technical support necessary to maintain system performance and protect the City's investment.
To secure these services, the City conducted a competitive procurement process for CNG Station Monitoring and Maintenance Services in accordance with the Request for Proposals (RFP) released on March 25, 2026 with a proposal submission deadline of May 4, 2026. The RFP sought a qualified firm capable of providing station monitoring, preventative maintenance, corrective maintenance, emergency response, and technical support services necessary to ensure the safe and reliable operation of the City's newly constructed CNG fueling station.
At the conclusion of the solicitation period, the City received one proposal from Clean Energy Fuels Corporation. Staff reviewed the proposal for responsiveness to the RFP requirements, qualifications, experience, service capabilities, and proposed pricing. Staff determined that Clean Energy's proposal meets the City's operational requirements and demonstrates the technical expertise necessary to provide specialized maintenance and monitoring services for the CNG fueling station. 902
JUSTIFICATION:
Clean Energy has extensive experience operating and maintaining CNG fueling infrastructure throughout California, including facilities serving public transit agencies and municipal fleets. The company maintains the personnel, monitoring systems, and technical resources necessary to perform routine preventative maintenance, respond to service interruptions, and maintain the safe operation of the facility.
Staff also evaluated the proposed pricing and compared it against industry benchmarks and comparable public agency contracts. The analysis found the proposed costs to be within the expected range for CNG station monitoring and maintenance services and to represent a fair and reasonable cost to the City. The contract structure provides for both fixed monitoring and maintenance services as well as volume-based maintenance activities associated with station usage.
The City's CNG fueling station represents a significant public investment funded through Riverside County Transportation Commission (RCTC) grant funding. Awarding the contract to Clean Energy will ensure the station is properly maintained, monitored, and supported by a qualified service provider, protecting the City's investment and ensuring reliable fueling operations for City vehicles, transit operations, and authorized users.
Based on the responsiveness of the proposal, the qualifications of the firm, and staff's determination that the proposed pricing is fair and reasonable, staff recommends awarding the CNG Station Monitoring and Maintenance Services Agreement to Clean Energy Fuels Corporation.
FISCAL IMPACT:
The proposed agreement will have a monthly rate of $5,748 with a per gasoline gallon equivalent (GGE) rate of $ 0.36. Rates are subject to a yearly CPI increase capped at 5% per year.
The year one cost is estimated at $146,736 based on the monthly rate and the per GGE rate, dispensing nearly 20,000 GGE per month.
Assuming the estimated amount mentioned above of GGE is utilized and factoring in the 5% annual increase cap, the contract value would be $978,000 for the five-year period of the contract.
The proposed agreement will be funded through annual Riverside County Transportation Commission (RCTC) grant funds allocated for transit operations. The City’s required 10% local match will be funded by revenues generated from the sale of CNG to third-party users at the City’s new CNG fueling station.
The expense will be included in the Proposed Fiscal Year 2026/2027 Operating Budget.
Approval of this agreement will have no impact on the City's General Fund.
ATTACHMENTS:
1. Resolution_2026-104.docx
2. Clean Energy's Proposal.pdf
3. Clean Energy's Price Proposal.pdf
4. Contract No C01286 - Clean Energy - CNG Monitoring and Service.docx 903
Resolution 2026-104
RESOLUTION 2026-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING A CONTRACT WITH CLEAN ENERGY FOR THE COMPRESSED
NATURAL GAS FUELING STATION MAINTENANCE PROGRAM
WHEREAS, the City of Banning is in the closeout phase of the recently completed construction of it’s new Compressed Natural Gas (CNG) fueling station located at the City Corporation Yard, which was programmed and funded through the Riverside County Transportation Commission (RCTC) as part of the City's Fiscal Year 2024 Short Range Transit Plan (SRTP); and
WHEREAS, the CNG fueling station was developed to support the City's transit operations, provide fueling infrastructure for municipal vehicles, and provide fueling services to other public and authorized users; and
WHEREAS, the CNG fueling station represents a significant investment in the City's transportation infrastructure and requires ongoing monitoring, preventative maintenance, corrective maintenance, emergency response, inspections, and technical support to ensure the safe, reliable, and efficient operation of the facility; and WHEREAS, the City conducted a competitive procurement process for CNG Station Monitoring and Maintenance Services through a Request for Proposals (RFP) released on March 25, 2026 and a proposal submission deadline of May 4, 2026; and WHEREAS, at the conclusion of the solicitation period, the City received one proposal from Clean Energy Fuels Corporation, which was reviewed by City staff for responsiveness to the RFP requirements, qualifications, experience, service capabilities, and proposed pricing; and
WHEREAS, City staff determined that Clean Energy Fuels Corporation possesses the qualifications, experience, personnel, monitoring systems, and technical resources necessary to provide specialized monitoring and maintenance services for the City's CNG fueling station; and
WHEREAS, City staff evaluated the proposed pricing against industry benchmarks and comparable public agency contracts and determined that the proposed costs are within the expected range for CNG station monitoring and maintenance services and represent a fair and reasonable cost to the City; and WHEREAS, awarding the CNG Station Monitoring and Maintenance Services Agreement to Clean Energy Fuels Corporation will provide for the ongoing monitoring and maintenance of the facility, protect the City's investment, and support reliable fueling operations for City vehicles, transit operations, and authorized users.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council hereby approves the CNG Station Monitoring and Maintenance Services Agreement with Clean Energy Fuels Corporation for the monitoring, preventative maintenance, corrective maintenance, emergency response, 904
Resolution 2026-104
inspections, technical support, and related services necessary for the operation of the City's CNG fueling station.
SECTION 2. The City Council authorizes the City Manager, or designee, to execute the agreement with Clean Energy Fuels Corporation, and to execute any related documents and make necessary non-substantive changes consistent with the intent of this resolution.
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 25th day of August 2026.
Richard Royce, Mayor
City of Banning
ATTEST:
Sandra Calderon, Deputy City Clerk
City of Banning
APPROVED AS TO FORM:
Phaedra Norton, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
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CERTIFICATION:
I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-104, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of August 2026 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Deputy City Clerk
City of Banning, California
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Resolution 2026-104
Exhibit A
Agreement
907
City of Banning
May 4, 2026
Compressed Natural Gas (CNG) Fueling Station
RFP-25-114
Proposal
Peter Oakman
Account Manager
949.437.1073
[email protected]
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Table of Contents
A. STATEMENT OF UNDERSTANDING AND APPROACH 3
B. COMPANY INFORMATION 12
C. COMPANY PERSONNEL 13
D. DISCLOSURE OF PAST/CURRENT RELATIONSHIPS WITH CITY OF BANNING OFFICIALS 15 E. EXPERIENCE AND REFERENCES 16
APPENDICES 19
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A. Statement of Understanding and Approach
Seamless Project Kickoff
Clean Energy is very familiar with the City of Banning’s (City) CNG station. Thus, we do not need to perform an equipment survey, perform initial baseline inspections or review maintenance records, as we would do if taking over service at a new customer’s property. The start of our new contract term would be seamless.
If awarded, we would recommend organizing an in-person meeting at your facility, including the City’s operations and facilities team and our operations team, to discuss our performance on the new contract. We reserve the right to negotiate mutually agreeable terms after award. Clean Energy respectfully request that the City state in contracts if prevailing wages are applicable including stating the Trade Craft (Labor Classification) required in the contract.
Maintenance Services Project Approach
Clean Energy employs a simple operation and maintenance philosophy, which is to protect customer fueling. We prioritize the reliability and safety of your CNG fueling equipment to ensure the City vehicles will safely make rollout each day. We do this by focusing on preventative and corrective maintenance, and by investing in our people, training, processes, and technology. The following sections describe in greater detail how we accomplish this, and the positive results including world-class station reliability and performance.
O & M Services
City of Banning’s O & M CNG Maintenance Service Program Summary Inspection Frequency Weekly
Corrective Maintenance Included
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Callout Response Procedure
We understand the best way to ensure station reliability is with a proactive and regularly scheduled maintenance plan and have provided a sample in Appendix A. However, with heavy machinery and equipment operating at high horsepower, pressures, and temperatures, as well as hundreds of moving parts that are subject to vibration plus the station electronics, unscheduled maintenance will inevitably happen. Clean Energy is fully prepared for any emergency because of our local staff, training, and internal processes.
Any of the following will trigger a Clean Energy response to an issue at the City’s CNG station:
Fault detected by our 24/7/365 live station remote monitoring An email message sent to our 24/7/365 Command Center and field staff from our local PLC hardware, triggered by a station fault or shutdown Our 24/7/365 Command Center receiving an alert from our server-based SCADA system
The City reporting a station performance or safety issue by calling our 24/7/365 Command Center at (866) 278-3674 or [email protected].
Access to Clean Energy’s Spare Parts Inventory
and local storage Included
Response Time
Technicians available
24/7/365
Phone/Email within 1 hour. 4
hour on site for emergency &
24 hour on site for non
emergency.
Work Tracked in Field Services Software Included
Service Reports via Email Included
Qualified Local Technicians, Safety & Quality
Oversite and Corporate Resources Included
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Under any of the above scenarios triggers the following response:
Clean Energy Command Center staff will review the fault or situation and try to rectify the problem remotely. If they are unable to resolve the issue, a technician or supervisor is notified and dispatched.
A Clean Energy technician will respond onsite as soon as possible. At all hours of the day and night, Clean Energy technicians are working. Critical after-hour service does not require Clean Energy to dispatch an on-call employee from their home as we have technicians assigned to work all three shifts. Clean Energy has Field Operations Supervisors on duty 24/7/365 to support our technicians and assist as needed, for example when a situation is escalated to their level.
Once the issue is corrected, City staff will be given a debrief, including the corrective measures taken to address the problem. In addition, Clean Energy documents service activities using our Field Service software. The City will receive access to our online web portal, where you will have access to monthly reports that document all service activities at each of your stations.
Service Response Times
Clean Energy understands the importance of timely response to system issues and emergencies. Clean Energy does not offer a guaranteed one (1)-hour or two (2)-hour on-site response time; however, we provide the following response framework to ensure safe, reliable, and continuous operation of the CNG fueling facility.
Clean Energy’s Command Center. Live 24/7/365 operators respond to customer calls. This team is responsible for communicating with customers, dispatching technicians, and documenting the resolution steps taken for each call. 912
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All monthly and per-GGE rates include a one (1)-hour response time via phone or email, with on-site support provided within four (4) hours for emergency events and within twenty-four (24) hours for non-emergency service requests. Response actions are initiated through immediate remote triage, followed by on-site dispatch as conditions warrant.
Clean Energy’s service model emphasizes proactive maintenance, continuous remote diagnostics, stocked critical spare parts, and experienced OEM-trained technicians to reduce the frequency and severity of emergency callouts while maintaining a high level of station reliability.
Emergency Preparedness
Though rarely needed, Clean Energy is prepared for disasters and emergency events.
When a disaster or emergency occurs, Clean Energy’s technician team follows a proprietary, formal Emergency Preparedness and Response Plan that includes how to prepare and react to emergencies or natural disasters. Safely operating through emergency conditions is critical and we have trained our staff how to implement our emergency plans. During emergencies, our staff communicate in real time on the status and ability to fuel at your station. Our plan is outlined in our Health and Safety Manual, which is readily available to all Clean Energy employees.
Service Quality Monitoring Program
The quality of our operation and maintenance services is driven by the deep experience of our technicians and by our rigorous processes for documenting, reviewing, and validating all work performed. Whenever work is completed at your site, our technicians record detailed notes directly into our Field Service software using their tablets, ensuring accurate, real-time documentation.
Every work order undergoes two levels of review to confirm both the accuracy of the information and the appropriateness of the work performed. In addition, our supervisors, managers, and directors conduct regular quality inspections at each site to verify that all equipment is operating to the high standards our customers expect. Any quality issue identified is immediately addressed and requires next-level approval once resolved.
Clear and consistent communication is also a core part of our service approach. Our team provides updates before, during, and after all work activities, and our contract management team keeps in contact to ensure expectations are met—and consistently exceeded.
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Spare Parts Plan
By choosing Clean Energy, the City will have access to the largest inventory of spare parts in the natural gas fueling industry. Specifically, we have the spare parts necessary for maintenance and repair of your IMW compressors. These parts are within our current North American spare parts inventory which is valued at over $12 million.
The scheduled and emergency repair
parts strategy for the City consists of
stocking critical parts and consumables
in our service vehicles and at a regional
warehouse in Carson, California. Our
Command Center operators can view
the technician’s vehicle inventory
remotely to determine if they have the
correct parts for each job, helping your
technician check for adequate
parts/materials to perform routine and
emergency maintenance.
Maintenance Program Tools
Clean Energy uses the following tools to
support our work plan. Many of these tools are unique to Clean Energy and differentiate our service from that of our competitors.
Remote Station Monitoring. Our Command Center located in Newport Beach, CA is staffed by 13 Clean Energy employees for 24/7/365 coverage to monitor real time station status and respond to any faults or alarms that occur.
Once a fault is detected, our Command Center staff will immediately evaluate the situation and determine the correct response.
Remote SCADA. Our Command Center has access to screens that show the real time status of your station. The screens are customized to match the equipment and automation hardware installed at each location. We can remotely reset faults from the SCADA screens.
Historian. Clean Energy uses technology to collect and record data that we use to make station adjustments and improvements, analyze station performance, and assist in diagnosing station faults. This product records critical station data including pressures, temperatures, valve status, and many other conditions.
Carson Parts Warehouse. When a technician uses a
spare part from your station, our warehouse inventory
system automatically generates a parts replenishment
order.
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The data collected is used to make improvements in station software, optimize set points, and help diagnose station issues. The long-term goal is to use the same data to minimize station outages by predicting future component failures and correcting them before they fail.
Field Service Software. We use Microsoft Field Service software to manage assets and maintenance services. This software is used to manage tasks such as:
Scheduled inspections and proactive maintenance
Workforce task scheduling
Document and organize all maintenance activities including scheduled and corrective
These electronic tools give our team accurate, real-time maintenance records for every Clean Energy-maintained station.
Reporting Plan
The basis of our reporting plan is our cloud-based Field Service and Historian software, which will capture all relevant information about your stations and is described above in the section Maintenance Program Tools. The City staff has access to the tools and reports described below.
Customer Online Portal Access. We have a secure, online customer portal that will serve as the City’s one-stop resource to:
Interact with Clean Energy such as to inquire about invoices/general questions, and
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Customer Site Reports. Clean Energy provides monthly Customer Site Reports to all our service customers. Customer feedback indicates that these reports provide great value, because they provide a clear history of service activities and issue corrections at fuel stations we maintain. The reports detail work order numbers, dates and parts that have been installed, and who (which technician) performed the work. They also categorize activities as inspections, preventative maintenance, and correctives. This level of transparency and detail is not provided by most CNG service contractors. The City will receive Customer Site Reports for your station as an integral part of our comprehensive maintenance program.
Inspection and Maintenance Plan.
Please see the Appendix A for a sample inspection and maintenance plan specific to IMW compressors and the fuel station equipment at your sites.
Clean Energy Training Overview and Facility. We know having staff that are trained and experienced in maintaining a
customer’s specific equipment directly
impacts station performance and ability to
fuel. As a result, we invest in our
employees’ training and professional
development. We offer multiple types of
training programs, including classroom
and hands-on components: introductory
training, ongoing training, advanced
training, and OEM Certified training. We
are the only CNG maintenance provider
with a comprehensive in-house technician
training facility; our facility is located in
Denver, CO.
The training center is equipped with
functional equipment and controls that instructors can use to simulate various scenarios, which require the technicians to troubleshoot and isolate a problem and correct the deficiencies. The equipment includes IMW compressors, dispensers, CNG storage bottles and controls equipment for hands-on training. We are the only maintenance service provider who is able to deliver advanced, in-house training and skills specific to maintaining IMW compressors like those found at your fuel stations.
Clean Energy technicians practice performing equipment overhauls and basic to advanced troubleshooting and correction services at the training center. During Covid we also developed enhanced online training which remains available to our technicians Inside Clean Energy’s Maintenance Service Training
Center in Denver, CO. Technicians are trained to repair and maintain CNG equipment of multiple makes and
models.
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today.
Introductory Training Program. Newly
hired service technicians are required to
complete the courses below. Our training
program is comprised of both classroom
and hands-on instruction. Topics covered
include:
Basic Training - Clean Energy
Service Technician 101. During this
course employees are given an
overview of the company, learn
Clean Energy’s customer service
philosophy, when and how to use
personal protective devices, basic
HAZCOM training, emergency response procedures, Field Service software training, electrical panel orientation, compressor orientation, and safety. Basic Training - Clean Energy Service Technician 102. This course covers the basics of CNG station equipment maintenance including compressor packages, dryer, dispenser, PLC controls, high-pressure fittings, and basic first aid. This training is mandatory, even for experienced CNG technicians.
Ongoing and OEM Certified Training. In addition to basic training, Clean Energy provides the following advanced and supplementary trainings. Electrical Training
PLC Training
Dispenser Training and Certification
OEM Certification courses. Our technicians participate in the courses provided by industry OEM suppliers. A few include:
IMW Compressor Training
Online Training. Our technicians are required to complete the following online training courses:
OSHA-10 (minimum requirement for all service personnel) OSHA-30 (minimum requirement for all management personnel) NFPA 70
Electrical Hazard Recognition and Control
Electrical Safety and Lock Out/Tag Out procedures
Control of Hazardous Energies
Clean Energy Training Facility in Denver, CO.
This training center offers theory and practical training while using actual CNG equipment in a classroom setting. 917
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Defensive Driving
Advanced training is not just available to employees; it is strongly encouraged and incentivized. Clean Energy technicians’ job titles include Service Technician I, Service Technician II, Service Technician III and Master Service Technician. Employees do not advance to higher levels simply based on years of experience: higher job classifications are earned through demonstrated skills and knowledge in our formal Path to Success Advancement Program. We document and track our technicians’ progress through learning management software. Clean Energy’s structured approach to training and continuous learning has helped shape our service team into the best-in-class in the industry.
Clean Energy Employee Emergency Training. As part of our standard training curriculum, Clean Energy’s technician team is trained to follow a proprietary, formal Emergency Preparedness and Response Plan that includes how to prepare and react to emergencies or natural disasters. Safely operating through emergency conditions is critical and we have trained our staff how to implement our emergency plans. During emergencies, our staff communicate in real time on the status and ability to fuel at your station. Our plan is outlined in our Health and Safety Manual, which is readily available to all Clean Energy employees.
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B. Company Information
Clean Energy Profile
Clean Energy provides CNG, RNG, LNG, LCNG, hydrogen, renewable electricity, and energy management solutions across North America. We are headquartered in Newport Beach, California.
We were established on October 28, 1996, and have been a publicly traded corporation since 2007 (Nasdaq: CLNE). In June 2018 we received a significant equity investment from Total Energies, one of the largest energy companies in the world. We serve fleet vehicle operators in a variety of markets, including transit, municipal/government, heavy-duty trucking, airports, refuse, industrial and institutional energy users.
Our 503 employees are based in North America to provide services including fueling station operation and maintenance, station retail & marketing, station design and construction, facility modification, ESP, and supply of renewable fuel to our customers.
The City’s primary contact is Peter Oakman, Account Manager, based at Clean Energy’s corporate office: 4675 MacArthur Court, Suite 800, Newport Beach, CA 92660. Peter can also be reached at (949) 437-1073 and [email protected]. 5-Year Contract Performance Disclosures
Clean Energy Fuels Corp. (CLNE) is an affiliate of the bidding entity, Clean Energy.
Pursuant to an arbitrator’s final award dated March 3, 2026, CLNE was ordered to pay certain amounts in back wages, penalties, and interest to a former maintenance technician employee who brought California prevailing wage, waiting time, and wage statement claims. Also, CLNE is a defendant in two pending arbitration matters brought by maintenance technicians asserting prevailing wage, waiting time, and wage statement claims.
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C. Company Personnel
Clean Energy’s primary project team includes operational and contract support personnel. We will self-perform the specialized CNG maintenance services described herein to ensure the City’s station reliably fuels your fleet. Clean Energy and all assigned key professional staff are properly licensed to practice in California. We plan to use the same project team that has been performing work under the City’s existing CNG maintenance contract with Clean Energy. Refer to Appendix A for key personnel resumes.
Chris Gate, Director of Operations. Chris oversees the supervisory and service technician team that is assigned to these sites. He has 35+ years of operational management experience.
Erwin Frederick, Operations Supervisor. Erwin, serving as the supervisor, will continue to manage the service technician team that is responsible for performing maintenance at your station. Erwin has 26+ years of CNG experience including mechanical and supervisory skills. Erwin’s OSHA certificate is attached in Appendix B.
Andrew Lucero, Service Technician 3. Andrew will continue to perform maintenance service at your station and has 17+ years in CNG experience.
Andrew’s IMW, OSHA and relevant CNG equipment training is attached in Appendix B.
Ken Hamel, Service Technician 2. Ken will continue to perform maintenance service at your station. Ken has 12 years of CNG experience. Ken’s IMW, OSHA, and relevant CNG equipment training is attached in Appendix B.
Contract Management
Clean Energy’s Contract Management Team will manage and oversee the contract administration including contract negotiations, business terms, quarterly and/or as needed in-person meetings and more. Contract Management personnel are also available as needed 24/7/365.
Peter Oakman, Account Manager. As City’s Contract Manager and main point of contact, Peter will coordinate contract activities and ensure contract compliance with the support of Clean Energy’s Operations department. Peter has over 20 years of professional experience with project management, account management (private and public sectors), sales and operations analysis, and operations management for the transit industry. Peter is the current contract 920
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manager on the City’s current T&M service contract. Peter has a B.S. in Business Administration and Management from Emory & Henry University. Kenneth Nicholson, Vice President. Kenneth will provide leadership and oversight for your contract. Ken has 18+ years of leadership experience at Clean Energy and in the transit sector.
Contact Information
For a station performance or safety issue, contact our 24/7/365 Command Center at (866) 278-3674 or [email protected].
For any contractual inquiries or concerns, please contact Peter Oakman, Account Manager, at [email protected] or (949) 437-1073. Peter is located at Clean Energy’s headquarters: 4675 MacArthur Court, Suite 800, Newport Beach, CA 92660.
Subcontractor
Clean Energy will perform the specialized maintenance services for CNG. For nonspecialized CNG tasks like pressure washing station equipment, we plan to use Dr.
Detail Services, a certified DBE and long-term subcontractor for Clean Energy. We have worked with Dr. Detail Services for over 12 years.
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D. Disclosure of Past/Current Relationships with
City of Banning Officials
To the best of our knowledge, we do not have any and all past or current business and personal relationships with any current Banning elected official, appointed official, City employee, or family member of any current Banning elected official, appointed official, or City employee. Any past or current business relationship may not disqualify the firm from consideration.
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E. Experience and References
Proposer’s Direct CNG Fueling Experience at City of Banning Over the last 12 months, the City has partnered with Clean Energy and has benefited from Clean Energy’s proven reliability and strong operational performance. Throughout this partnership, Clean Energy has consistently demonstrated the technical expertise, responsiveness, financial stability and operational capability required to support the City’s fueling infrastructure.
Clean Energy remains the only provider fully qualified, properly equipped, and experienced to reliably maintain the City’s IMW brand compressors and associated fueling equipment, supporting safe, consistent, and efficient operation of the station.
Clean Energy is the exclusive provider of sales, distribution, commissioning, and service of all IMW Industries Ltd equipment. Please see the attached letter from IMW Industries, LTD verifying Clean Energy is the exclusive provider.
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Transit CNG Station Maintenance and Public Retailing Experience Clean Energy has been maintaining CNG and LNG fueling stations for more than 29 years. We fuel over 10,000 transit buses daily with approximately 126 million gallons of RNG, LNG and CNG annually in North America. We invite the City to discuss Clean Energy’s performance with the enclosed three transit references. In total, we operate 120 natural gas fueling stations for 82 transit agencies nationwide.
We retail fuel at hundreds of stations across the country, including public access dispensers for many transit agencies and cities, and market this fueling network to a wide range of fleets.
Transit References For Similar Services - CONFIDENTIAL
Reference 1. Omnitrans
(a) Name and Adress: Omnitrans | 1700 West Fifth St., San Bernardino, CA 92411 (b) Project Start and End Dates: 2019-2027
(c) Project Contact: Connie Raya | phone: (909) 379-7183 | email:
[email protected]
(d) Project Description: Perform comprehensive inspections and maintenance services at two high-usage private transit CNG fueling stations, including preventative and corrective maintenance, and emergency callouts.
Reference 2. Kings County
(a) Name and Adress: Kings County | 610 W 7th St, Hanford, CA 93230 (b) Project Start and End Dates: 2017 - 2027
(c) Project Contact: Angie Dow | Phone: (559) 852-2717| Email:
[email protected]
(d) Project Description: Performed monthly maintenance inspections of compressed natural gas (CNG) fueling equipment and systems. Performed corrective repairs, technical support, and emergency response as needed or upon request.
Reference 3. City of Norwalk
(a) Name and Adress: City of Norwalk | 12650 Imperial Hwy, Norwalk, CA 90650 924
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(b) Project Start and End Dates: 2015 - 2030
(c) Project Contact: Janet Welde | Phone: (562) 929-5600 | Email:
jweldenorwalkca.gov
(d) Project Description: Perform comprehensive inspections and maintenance services at the City of Norwalk's private transit CNG fueling station, including preventative and corrective maintenance, and emergency callouts.
Financial Strength
Per the RFP requirement, Clean Energy has not filed for bankruptcy under any business name over the past five years. Clean Energy was established in October 1996 and has been a publicly traded company since 2007 (Nasdaq: CLNE). As of December 31, 2025, Clean Energy’s current assets are $350 million, including $158 million of cash and cash equivalents. Please also refer to our latest audited financial statements, 2025 Audited Financials (10-K). Additional financial information may be found at: Annual Reports :: Clean Energy Fuels Corp. (CLNE).
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Appendices
Appendix A, Sample IMW PM Schedule
Appendix B, Key Personnel Resumes
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Appendix A, Sample IMW PM Schedule
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SAMPLE PM SCHEDULE Weekly Annual 1,000 Hour
2,000 Hour or 1 Yr.
4,000 Hours 5,000 Hours
10,000 Hours
15,000 Hour20,000 Hour40,000 Hour
3 Years
Perform a system walk-around and check for leaks.
During operation, check/record/verify compressor
performance data.
Visually inspect compressor hoses, tubing, piping, and
valves for leaks and abnormalities.
Visually inspect gas panels for leaks and abnormalities. Listen for any abnormal sounds such as banging or
hissing.
Check priority panel for proper operation.
Drain all inter-stage scrubbers and filters.
Drain recovery tank sump and vent header.
Check outlet air louver operation (if applicable).
Check bolts, clamps, and nuts for tightness. Torque if
necessary.
Visually inspect all pressure relief devices for signs of failure or leakage.
Verify ESD control function.
Verify equipment warning and alarm triggers for
proper function. Repair if needed.
Check gas detector calibration. Recalibrate if required. Check control voltage: 120VAC to 24VDC.
Check main and pilot gas regulator settings.
Inspect and verify all control valve operation.
Change inlet and discharge filter elements, and clean
filter bowl.
Verify setpoints of all instrumentation (pressure and
temperature switches, oil level switches, flow switch,
etc.).
During start-up, check blow-down and recirculation
functionality. Perform adjustments as required.
Check heat exchanger for any obstruction or debris
accumulation. Clean if required.
Check drive belts, alignment and belt tension.* Replace if worn.
Check vent stack for obstructions.
Lubricate main drive motor bearings.**
Perform vibration tests.
Remove and clean compressor valves. Inspect for
cracks or breakage. Leak-test with solvent. Rebuild if
required.
Inspect and replace piston rings.
Inspect pistons, piston rods, and piston retainers.
Replace if worn.
Remove and rebuild compressor valves with the
appropriate valve repair kit.
Replace all compressor valves.
Inspect and replace piston rings, rod packing, O-rings, and gaskets.
Inspect cylinders and measure tolerance with a
micrometer. Replace if worn.
Inspect wrist pins and crosshead bushings/bearings.
Replace if worn.
INSPECTION & PREVENTATIVE MAINTENANCE SCHEDULE
IMW Compressors
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SAMPLE PM SCHEDULE Weekly Annual 1,000 Hour
2,000 Hour or 1 Yr.
4,000 Hours 5,000 Hours
10,000 Hours
15,000 Hour20,000 Hour40,000 Hour
3 Years
INSPECTION & PREVENTATIVE MAINTENANCE SCHEDULE
Replace connecting rod shell bearings.
Replace crankshaft assembly. Adjust end-play as
necessary.
Inspect and recertify per code requirements
Check and drain dryer as necessary
Regenerate Dryer when Dewpoint is below -40 deg F
Check all gauges for proper function
Inspect dryer dew point sensors for proper reading
Inspect dryer filters
Check dryer shutdown mechanism
Check/drain storage vessels
Clean inside panel
Exercise Disconnect Switches
Visual and thermographic inspection with Inferred
Camera
Visually inspect electrical connections for over heating Check contactor connections are tight
Thermographic Inspect of electrical components with
Inferred camera looking for over heating and component
breakdown
Test and verify proper function of methane detection
systems and alarms
Calibrate all gas detectors
Clean Area around UPS clean, vacuum dust from UPS
case
Visually inspect components
Clean inside of cabinet and keep free of dust and dirt Inspect for gas leaks
Visually inspect valves for proper operation
Clean all dust and dirt for inside and on top of valves Inspect and touchup paint where worn and rusting
points
Inspect lighting
Clean and inspect dispensers, nozzles, posts and hoses Clean and lubricate breakaway couplings as necessary
Check dispenser filters and drain or replace as
necessary
Inspect dispenser coalescing filters
Buffer / Matrix Panels
Equipment Protective Structure
Dispensers
Switchgear
Compressor Motor Starter Panel
Methane Detection System
UPS System (If Applicable)
Communication/Control Panel
PRVs - All Station Equipment
Natural Gas Dryers
CNG Storage Vessels
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Appendix B, Key Personnel Resumes (Confidential)
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Field Operations Supervisor
Clean Energy, 2018 – Present
Master Service Technician
Clean Energy, 2009 - 2018
Professional Profile
Erwin is responsible for managing the technicians that perform preventative, scheduled, and non-scheduled maintenance and repair services at Clean Energy’s and customer-owned CNG/LCNG/LNG/Hydrogen fueling stations and facilities in southern California.
Prior to Clean Energy, Erwin was with SunLine Transit Agency as a vehicle maintenance technician to your satellite shops where he performed bifuel (CNG & gasoline) maintenance programming on engines, fuel systems and vessels for 35 buses and 14 cutaways. Erwin received Chart and Ariel’s first program training while at SunLine. Erwin also performed maintenance and repair for SunLine/Pickens Fuels’ four CNG stations in Coachella Valley. Erwin’s past experience also includes providing SunLine Transit Agency CNG station maintenance for nine years. At the time, SunLine had 184 transit buses at two sites (four compressors). He also maintained Sunline’s LNG and hydrogen stations.
Professional Experience
Relevant Project Experience
OmniTrans – San Bernardino, CA
Facility type: CNG fueling station for 74 transit buses Scope of work: Repair and maintenance of station
MBTA – Joshua Tree & 29 Palms, CA
Facility type: Private/public fast fill and time fill CNG transit buses Scope of work: Operation and maintenance of station
Republic Services – Chula Vista
Facility type: Private, time-fill CNG fueling station for refuse trucks Scope of work: Operation and maintenance of station
Republic Services – San Diego
Facility type: Private, time-fill CNG fueling station for refuse trucks Scope of work: Operation and maintenance of station
Erwin Frederick
Field Operations Supervisor
Relevant Experience
20+ Years
Licensing/ Certifications/
Training
▪ OSHA-30 Hour
▪ HAZCOM GHS Training
▪ Ariel Compressor Training
- 2008
▪ Bauer Compressor Training -
2016
▪ GE Compressor Training - 2016
▪ Greenfield Compressor Training
- 2008
▪ IMW Compressor Level 1 & 2 –
2012
▪ IMW Compressor Level 3 & 4 –
2013
▪ Gilbarco Dispensers – 2010
▪ Wayne Dispensers - 2018
▪ Clean Energy PLC Training
Horner, Siemens & Allen Bradley
- 2016
▪ PSB Gas Dryers - 2008
▪ Swagelok Training – 2008
▪ LNG Systems – 2010
▪ California Weights & Measures
Certified
▪ California CNG Vehicle
Inspection Certified
Senior Service Technician
Clean Energy, 2004 - 2009
931
Professional Profile
Chris is responsible for overseeing all day-to-day operations and maintenance for Clean Energy’s CNG/LCNG/LNG/hydrogen stations & facilities in Southern California. Chris directs and supervises the local service technicians responsible for all preventative, scheduled and unscheduled maintenance and repair services. In addition, Chris provides existing station data to assist R&D with compressor reliability and throughput improvements and administers service fulfillment through the Clean Energy Field Service network.
Chris has over 35 years in the consumer services industry, leading teams of up to 300 front-line technicians, trainers, and installers.
Professional Experience
Relevant Project Experience
LACMTA
Facility type: Private, fast-fill CNG fueling stations for transit buses Scope of work: Design, build, and/or operate and maintenance of stations at all divisions
Foothill Transit | Irwindale & Pomona, CA
Facility type: Private, fast-fill CNG fueling stations for transit buses. Hydrogen station (Pomona)
Scope of work: Design, build, upgrade and operate and maintenance of stations
Los Angeles County Sanitation District
Facility type: Public fast-fill CNG station
Scope of work: Design, build, operate, maintain, marketing, retail City of Ontario
Facility type: Public/private fast-fill/time-fill CNG station Scope of work: Providing repair & maintenance service to a medium-sized waste hauling and administrative fleet operation
Chris Gate
Operations Director
Relevant Experience
35+ Years
Education
University of Phoenix
• MBA, 2003
California State University,
Fullerton
• B.A. Business Management,
1998
Texas A&M University
• Termite Biology
Purdue University
• Entomology Science
Licensing/ Certifications/
Training
• Six Sigma Greenbelt
• ISO 9001:2000
Implementer/Top Management
• State of California – Dept. of
Consumer Affairs Field
Representative
• State of California – Dept of
Food & Agriculture Division of
Weights & Measures Advisory
Committee
Operations Director
Clean Energy, 2013 - Present
General Manager
CTG Consulting, 2009-2013
Executive Group Leader
Target Logistics, 2010-2012
Region Operations Manager
Orkin Pest Control, 2006-2009
Region General Manager
Sears Home Services, 1998-2006
933
Professional Profile
Andrew is responsible for providing all preventative, scheduled, and nonscheduled maintenance and repair services at Clean Energy’s and customer-owned CNG fueling stations in the Inland Empire & Desert areas of Southern California.
In addition to his maintenance management duties, Andrew provides basic CNG equipment and safety training for first-time CNG users, or maintenance training for our customer’s maintenance staff. Andrew also supports Clean Energy’s in-house training program by providing in-the-field training for our junior technicians which ensures that our customers will have access to a team of highly-skilled maintenance technicians.
Andrew has over 17 years of related experience. He served in many technical roles, and is proficient in all facets of CNG repair and maintenance.
Professional Experience
Relevant Project Experience
Clean Energy | San Bernardino, CA
Facility type: CNG station for fueling 175 Amazon 18-wheelers.
Scope of work: Repair and maintain.
Omnitrans | San Bernardino, CA
Facility type: CNG station for fueling 110 transit buses.
Scope of work: Repair and maintain.
Clean Energy | Palm Springs, CA
Facility type: fast-fill CNG station serving public fueling and Palm Springs Airport shuttle buses.
Scope of work: Operate and maintain.
Andrew Lucero
Service Technician 3
Relevant Experience
17 Years
Licensing/ Certifications/
Training
▪ Clean Energy Denver
Training Center, 2013
▪ Clean Energy Technical
Training, 2013
▪ PSB Dryers, 2014
▪ IMW Compressors, 2016
▪ GE CNG In-A-Box, 2015
▪ Ariel Factory Training,
2014
▪ Quincy Compressors,
2011
▪ ANGI Compressor Pkg,
2013
▪ Fuelmaker, 2008
▪ Dryers: PSB, Xebec 2013
▪ Dispensers: Kraus, ANGI,
Gilbarco, 2013
▪ PLC: Murphy, Horner,
Allen Bradley, Siemens
▪ Storage: ASME,
Swagelok
Service Technician, Level 3
Clean Energy, 2019 - Present
Service Technician, Level 2
Clean Energy, 2013 – 2019
Service Technician, Level 2
Mansfield GES, 2008 – 2013
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CERTIFICATE
OF ACHIEVEMENT
For successfully meeting all standards
and requirements for in-person training.
Presented to
Michael Jadeski
Regional Vice President
Bill Vernon
Regional Vice President
IMW COMPRESSORS
Andrew Lucero
04/11/16
935
Professional Profile
Ken is responsible for providing all preventative, scheduled, and nonscheduled maintenance and repair services at Clean Energy’s and customer-owned CNG fueling stations in the Inland Empire and Desert areas of Southern California.
In addition to his maintenance management duties, Ken provides basic CNG equipment and safety training for first-time CNG users, or maintenance training for our customer’s maintenance staff.
Professional Experience
Relevant Project Experience
Burrtec | Palm Desert, CA
Facility type: CNG station for fueling 95 refuse trucks.
Scope of work: Repair and maintain.
Burrtec | Coachella, CA
Facility type: CNG station for fueling 95 refuse trucks.
Scope of work: Repair and maintain.
MBTA | 29 Palms, CA
Facility type: Fast fill & time fill CNG station serving 40 transit buses.
Scope of work: Operate and maintain.
Service Technician, Level 2
Clean Energy, 2013 - Present
Ken Hamel
Service Technician 2
Relevant Experience
12 Years
Licensing/ Certifications/
Training
▪ Clean Energy Denver
Training Center 2014
▪ PSB Dryers, 2014
▪ IMW Compressors, 2016
▪ Ariel Factory Training,
2018
▪ ANGI Compressors,
2022
▪ In-the-Field Training &
Experience: Compressors:
Ariel, Gemini, GE,
Greenfield/Atlas Copco,
▪ Dryers: PSB, Xebec 2014
▪ Dispensers: Kraus, ANGI,
Gilbarco, Wayne 2013-2025
▪ PLC: Murphy, Horner,
Allen Bradley, Siemens
▪ Storage: ASME,
Swagelok
937
CERTIFICATE
OF ACHIEVEMENT
For successfully meeting all standards
and requirements for in-person training.
Presented to
Michael Jadeski
Regional Vice President
Bill Vernon
Regional Vice President
IMW COMPRESSORS
Ken Hamel
04/11/16
938
Professional Profile
Peter is a responsible for ensuring transit customers in the Western US and Canada who use our fueling stations or services receive exceptional operational and sales support. His job includes educating new potential customers on the wide range of benefits of RNG and natural gas as a transportation fuel.
Peter has over 15 years of professional experience with project management, account management (private and public sectors), sales and operations analysis, and operations management for the transit industry.
Peter has a B.S. in Business Administration and Management from Emory & Henry College.
Professional Experience
Relevant Project Experience
Kings County Area Public Transit Agency | 2018 – Present Facility type: CNG station
Scope of work: Station Maintenance & RNG Supply
City of Lodi | 2020 – Present
Facility type: CNG station
Scope of work: Station Maintenance & RNG Supply
Basin Transit | 2018 – Present
Facility type: 2 stations CNG station
Scope of work: Station Maintenance & RNG Supply
Peter Oakman
Account Manager
Relevant Experience
15 Years
Education
Emory & Henry College
▪ B.S. Business Administration and Management,
2005
Areas of Expertise
Transit Industry
Private & Public Industry
Relations
Project Management
Account Management
Business Development
Sales & Operations Analysis
Operations Management
Account Manager
Clean Energy, Nov 2023 – Present
Contract Stations Relations
Supervisor
AAA – The Auto Club Group, 2021 –
2023
Account Manager
United Bus Technology
2019 – 2020
General Manager Anaheim
Sun Diego Charter Company
2016 – 2019
Vice President, Sales
Coach USA, 2012 – 2016
Western Region Operations
Analyst
ABC Companies 2010 – 2012
Sales Associate
ABC Companies 2005 – 2010
940
941
942
City of Banning
May 4, 2026
Compressed Natural Gas (CNG) Fueling Station
RFP-25-114
Price Proposal
Peter Oakman
Account Manager
949.437.1073
[email protected]
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City of Banning
Compressed Natural Gas (CNG) Fueling Station Program
RFP 25-114
Price Proposal
-2-
Price Proposal
City of Banning: O & M Services
Item Per GGE fee
Monthly Rate $5,748
Per GGE Rate $0.36
Monthly fee of $5,748 plus $0.36 per GGE dispensed. Rates are subject to a yearly CPI increase (capped at 5% per year).
Not To Exceed, Total Value: $978,000.00
Clean Energy understands the importance of timely response to system issues and emergencies. While Clean Energy does not offer a guaranteed one (1)-hour or two (2)-hour on-site response time, we provide the following response framework to ensure safe, reliable, and continuous operation of the CNG fueling facility. All monthly and per-GGE rates include a one (1)-hour response time via phone or email, with on-site support provided within four (4) hours for emergency events and within twenty-four (24) hours for non-emergency service requests. Response actions are initiated through immediate remote triage, followed by on-site dispatch as conditions warrant.
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1 AGREEMENT FOR PROFESSIONAL SERVICES (C01286)
BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the ____________ (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) whose address is 99 East Ramsey Street, Banning, California 92220, and Clean Energy, a California Corporation whose address is 4675 MacArthur Court, Newport Beach, CA 92660 a (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. City desires to engage Contractor to provide the following services: maintenance services for its Compressed Natural Gas (CNG) fueling station located at 176 E. Lincoln St, Banning, CA 92220 (“Facility”); and
B. Contractor has made a proposal (“Proposal”) to the City to provide such professional services, which Proposal is attached hereto as Exhibit “A” and incorporated herein by this reference; and
C. Contractor agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to City that Contractor possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Contractor agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after five (5) year anniversary of the Effective Date unless extended by the parties with the approval of the City Council of the City.
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2 2. Services to be Performed. Contractor agrees to provide the services (“Services”) as follows: maintenance services for City’s CNG fueling station in accordance with Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal.
Contractor designates Peter Oakman as Contractor’s Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement. Contractor shall be responsible for labor, parts, consumables, and standard and specialty tools required for the Services. Contractor bears normal wear-and-tear maintenance and repair costs, but City is responsible for costs caused by damage, abuse, or neglect by City personnel, City contractors, or third parties, fire extinguisher recertification, obsolete equipment, parts or software, discontinued equipment, parts or software.
In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.
As between Contractor and City, all right, title, and interest in and to the Facility and any improvements made to the Facility shall at all relevant times remain with City. City retains all rights in and to the Facility and any improvements thereon.
License for Access to Facility. City hereby grants to Contractor during the Term, a license for ingress, egress, and general access to the Facility to the extent necessary for Contractor to provide the Services (as defined below).
3. Associates and Subcontractors. Contractor may, at Contractor’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as Contractor deems necessary to perform the Services; provided, however, that Contractor shall not subcontract any of the Services without the prior written consent of City.
Contractor shall ensure that all subcontractors comply with the requirements of this Agreement, including, but not limited to, insurance, indemnification, and licensing requirements.
4. Compensation.
4.01 Contractor shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the City. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by City to Contractor under this Agreement shall not exceed the amount of Nine Hundred Seventy-Eight Thousand Dollars and Zero Cents ($978,000.00).
City will be responsible for any expenses or costs associated with City-requested or City-approved expansions that may be required to expand the capacity or functionality of and/or upgrade City’s 946
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3 CNG fueling station that are outside the Scope of Services under this Agreement. Contractor shall remain responsible for maintenance and repairs included within the Scope of Services. Except as mutually agreed to in a written amendment to this Agreement, Contractor has no obligation to provide Services for new equipment added to City’s CNG fueling station that is not listed in Section 4.12 of the Request for Proposals or for equipment listed in in the Request for Proposals, which has been altered by a third party after the Effective Date, including but not limited to upgrades of existing equipment. City shall be responsible only for the reasonable costs of repairing damage directly caused by a Force Majeure event, to the extent such damage is not covered by insurance and is not caused, in whole or in part, by Contractor's negligence, willful misconduct, or breach of this Agreement. City will be responsible for the provision and payment of any and all utility service charges for utility service consumed at City’s CNG fueling station during the term (including, without limitation, gas, electricity, water, waste disposal, refuse collection and other utility-type services furnished to Contractor or City’s CNG fueling station). Notwithstanding anything to the contrary and for the avoidance of doubt, Contractor makes no representation or warranty regarding the quality, specification or content of natural gas dispensed from City’s CNG fueling station. City shall be responsible for and shall at its own expense maintain the surrounding property in the vicinity of City’s CNG fueling station. City shall be responsible for any taxes (including, without limitation, any real property taxes and assessments) relating to the property and taxes that are determined by reference to the selling price of the services or parts provided under this Agreement unless City has provided a valid exemption certificate prior to the rendering of such services or delivery of the parts. In the event City fails to pay an undisputed invoice within thirty (30) days after written notice that payment is overdue, Contractor may suspend Services only after providing an additional thirty (30) days' written notice, provided Contractor shall continue only those Services reasonably necessary to prevent imminent damage to the Facility or unsafe conditions, and City shall reimburse Contractor for reasonable, documented costs for such Services.
Contractor shall not incur any expense or perform any work for which City is responsible under this Section without City's prior written authorization, except where immediate action is reasonably necessary to protect persons or prevent imminent damage to the Facility, in which case Contractor shall notify City as soon as reasonably practicable. Reasonable costs incurred by Contractor in taking such immediate action are deemed authorized and reimbursable by City, subject to prompt notice and reasonable documentation.
4.02 Contractor shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City, in writing.
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4 4.03 Contractor shall submit to City, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. City shall forward a copy of each monthly natural gas bill related to City’s CNG fueling station to Contractor within ten (10) business days of City’s receipt of each bill. City shall have the right to review and audit all invoices prior to or after payment to Contractor. This review and audit may include, but not be limited to City’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Verification that the hours billed, when multiplied by the approved hourly rates, result in the correct total;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall either return the bill to Contractor with a request for explanation or adjust the payment accordingly and give notice to Contractor of the adjustment.
4.04 If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. For purposes of this Section, receipt shall be defined as the day the invoice is transmitted by Contractor. Should City dispute any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Contractor in writing of the disputed portion. Any payments not made within thirty (30) days after the date payment is due shall accrue interest on the unpaid amount at a rate of 10% per annum or the maximum rate permitted by applicable law, whichever is less, beginning on the day after such thirty (30)-day period and continuing to and including the date payment is received by Contractor.
5. Obligations of Contractor.
5.01 Contractor agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the City other than the Services to be rendered and the hourly rate for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, Contractor will supply all personnel, materials and equipment required to perform the Services. Contractor shall provide its own offices, telephones, vehicles and computers. Contractor will determine the method, details, and means of performing the Services under this Agreement. 948
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5 5.03 Contractor shall keep City informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by City, Contractor shall prepare written status reports.
5.04 Contractor is responsible for paying, when due, all income and other taxes, fees, and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. Contractor agrees to indemnify, defend, and hold harmless City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.
5.05 In the event Contractor is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 Contractor represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein.
In the event City is required to obtain an approval or permit from another governmental entity, Contractor shall provide all necessary supporting documents to be filed with such entity.
5.07 Contractor shall be solely responsible for obtaining Employment Eligibility Verification information from Contractor’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that Contractor’s employees are eligible to work in the United States.
5.08 In the event that Contractor employs, contracts with, or otherwise utilizes any CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the City and shall be subject to the City’s advance written approval.
5.09 Drug-free Workplace Certification. By signing this Agreement, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace.
5.10 Contractor shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder including, but not limited to California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing 949
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6 Act, related to their scope of work and operations. In case of conflict, the most stringent shall apply.
5.11 Contractor shall keep itself informed concerning and shall render all Services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state or local governmental entity having jurisdiction in effect at the time service is rendered.
5.12 By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the conditions, circumstances, difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such facts and shall not proceed until written instructions are received from the Project Manager. Contractor shall not be financially or legally responsible for underground hazards, soil contaminants, or soil conditions that were not brought to the property by Contractor and that require remediation, removal, replacement, disposal, or unanticipated soil or foundation preparation work, Contractor may terminate this Agreement by written notice to City. Upon termination, City shall compensate Contractor for all services satisfactorily performed through the effective date of termination, including any authorized and non-cancelable expenses incurred before such date.
Warranty.
With respect to services performed by Contractor pursuant to this Agreement, for a period of one (1) month from the date of performance of such services (the “Warranty Period”), Contractor warrants to City that the services shall be free from defects in workmanship (the “Warranty”).
Contractor’s Warranty is limited solely to Contractor’s operation and maintenance workmanship and does not cover defects, failures, design issues, manufacturing defects, construction defects, installation defects, latent conditions, site conditions, or problems caused by the manufacturer, builder, installer, designer, engineer, prior contractor, site contractor, or any other third party.
If City gives Contractor prompt written notice of breach of this Warranty during the Warranty Period, Contractor shall, at its sole option and as City’s sole remedy, either re-perform the service (City to provide Contractor with unencumbered access to the Facility and equipment) or refund the purchase price therefore. . If Contractor determines that any claimed breach is not, in fact, 950
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7 covered by this Warranty, City shall pay Contractor its then customary charges for any reperformance completed by Contractor, or, in the event Contractor refunded City the purchase price, City shall return the purchase price to Contractor. Contractor’s warranty is conditioned on City (a) operating and maintaining the applicable work in accordance with Contractor’s instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of any payment obligation to Contractor. Contractor’s warranty does not cover damage caused by chemical action or abrasive material, misuse or improper installation (unless installed by Contractor). Warranty repair or replacement shall not extend or renew the applicable Warranty Period.
With respect to equipment, part(s) or material(s) provided by Contractor to City pursuant to this Agreement, Contractor hereby assigns to City, to the extent assignable, any warranties made to Contractor by the applicable manufacturer or supplier, and Contractor shall have no other liability to City related to the supplied equipment, part or material under warranty, tort or any other legal theory.
THE WARRANTIES SET FORTH IN THIS SECTION ARE CONTRACTOR’S SOLE AND EXCLUSIVE WARRANTIES. CONTRACTOR MAKES NO OTHER WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OF THE AGREEMENT.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
5.13 Time is of the essence in the performance of this Agreement.
6. Insurance. Contractor hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.
Therefore, throughout the duration of this Agreement, Contractor hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02.
If existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; Contractor agrees to have its insurer endorse the general liability coverage required herein to include as additional insured’s City, its 951
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8 officials, employees and agents. Contractor also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If Contractor or Contractor’s employees will use personal autos in performance of the Services hereunder, Contractor shall provide evidence of personal auto liability coverage for each such person.
6.03 Workers’ Compensation insurance for any of Contractor’s employees that will be providing any Services hereunder. Contractor will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any Workers’ Compensation insurance will not limit the obligations of Contractor under this Agreement.
Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. Sole proprietors with no employees, LLCs, or partnerships using the services of members or partners who do not carry Workers’ Compensation insurance acknowledge that they are not subject to the Workers’ Compensation Act of the State of California and agree to complete a signed workers compensation exemption form.
6.04 Optional Insurance Coverage. Choose and check one: Required __ /Not Required X; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by Contractor, its employees and/or agents in the performance of any Services for City.
6.05 Cyber Liability Insurance REQUIRED IF CHECKED HERE ONLY [___] (Technology Professional Liability – Errors and Omissions), with limits not less than $2,000,000 per occurrence or claim, and $2,000,000 aggregate or the full per occurrence limits of the policies available, whichever is greater. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. Contractor will file with City, before beginning professional services, certificates of insurance (Acord Form 25 or equivalent) satisfactory to City evidencing.
6.06 If Claims Made Policies (applies only to professional liability and cyber liability policies):
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9 i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract work.
7. General Conditions pertaining to Insurance Coverage.
7.01 No liability insurance coverage provided shall prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor waives all rights of subrogation against City regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do the same.
7.02 Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03 All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of “A-VII”. The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
Contractor acknowledges and agrees that that all insurance coverage required to be provided by Contractor or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to City.
7.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 953
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10 7.06 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor or arising out of the Services performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
7.07 The coverage shall contain no special limitations on the scope of protection afforded to City, its directors, officers, employees, or authorized volunteers. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
8. Indemnification.
8.01 Contractor and City agree that each party and its respective employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs to the extent caused by the other party’s material breach, negligent actions or omissions, willful or reckless misconduct, or material violation of applicable law in connection with this Agreement as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed consistent with those limitations. Each party acknowledges that the other party would not enter into this Agreement in the absence of the applicable commitment to defend, indemnify, and protect the other party as set forth herein. a. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, injuries, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by City, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred only to the extent caused by or arising in whole or in part due to the performance of Contractor’s material breach, negligent actions or omissions, willful or reckless misconduct, or material violation of applicable law in connection with this Agreement.
Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Contractor as they are incurred by City.
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11 as set forth above for liability to the extent arising from the negligent actions or omissions or willful or reckless misconduct of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 8A Indemnification Design Professionals. In the event that Contractor is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, Contractor shall defend, indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Contractor, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to Contractor shall not exceed Contractor’s proportionate percentage of fault.
9. Additional Services, Changes and Deletions.
9.01. In the event Contractor performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of City, Contractor shall not be compensated for such services. Contractor expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the City in writing.
9.02 Contractor shall promptly advise the City Manager and Finance Director of City as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City and/or City Council.
10. Termination of Agreement.
10.01. Notwithstanding any other provision of this Agreement, Either party may terminate this Agreement without cause, or for no cause, at any time by giving sixty (60) days’ written notice to the other party. Additionally, both parties may terminate this Agreement for the other party’s insolvency, bankruptcy, appointment of a receiver, commencement of a creditor955 PS Version 1 Last Reviewed: 3/4/2026
12 protection proceeding, or uncured material breach after written Notice and a thirty (30) day cure period; provided that, if the cure is commenced within thirty (30) days and diligently pursued, the cure period shall be extended for such additional time as is reasonably necessary to complete the cure. Termination shall be without prejudice to the non-breaching party’s rights and remedies.
10.02 In the event of termination, the payment of monies due Contractor for Services performed prior to the effective date of such termination, including any outstanding maintenance fees incurred up to the date of termination and reimbursement to Contractor for any and all reasonable costs related to the operation and maintenance of the Facility paid or irrevocably committed to by Contractor before the date of termination, shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. This payment obligation shall survive termination of this Agreement. Immediately upon termination, Contractor agrees to promptly provide and deliver to City all original documents, reports, studies, plans, specifications and the like which are in the possession or control of Contractor and pertain to City.
11. Status of Contractor.
11.01 Contractor shall perform the Services in Contractor’s own way as an independent contractor, and in pursuit of Contractor’s independent calling, and not as an employee of City. However, Contractor shall regularly confer with City’s City Manager or Project Manager as provided for in this Agreement.
11.02 Contractor agrees that it is not entitled to the rights and benefits afforded to City’s employees, including disability or unemployment insurance, Workers’ Compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, Workers’ Compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 Contractor hereby specifically represents and warrants to City that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the City is located. Further, each representative signing this Agreement represents and warrants that he, she, or it has actual authority to sign this Agreement on behalf of City or Contractor, as applicable.
12. Ownership of Documents; Audit.
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13 12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties, and all other documents of any kind or nature prepared, developed, or obtained by Contractor in connection with the performance of Services performed for the City shall become the sole property of City, and Contractor shall promptly deliver all such materials to City upon request. At the City’s sole discretion, Contractor may be permitted to retain original documents, and furnish reproductions to City upon request, at no cost to City.
12.02 Subject to applicable federal and state laws, rules and regulations, City shall hold all intellectual property rights to any materials developed pursuant to this Agreement.
Contractor shall not use such data or documents for purposes other than the performance of this Agreement, nor shall Contractor release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of City.
12.03 Contractor shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City’s agents for examination all of such records and shall permit City’s agents to audit, examine and reproduce such records.
12.04 Contractor acknowledges that the City is a California municipal corporation and is subject to the California Public Records Act, Government Code § 7920.000 et seq. (“CPRA”), and other applicable laws requiring public access to records. Contractor further acknowledges and agrees that any and all documents, records, data, writings, communications, materials, and other information of any kind, in any format (including electronic format), that Contractor (or any associate, subcontractor, consultant, or agent of Contractor) prepares, develops, obtains, provides, transmits, or submits to the City, or that are otherwise received or maintained by the City, in connection with this Agreement or the Services may constitute public records and may be subject to disclosure to third parties in response to a CPRA request, unless the City determines that all or a portion of the Submitted Materials are exempt from disclosure under the CPRA or other applicable law.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by Contractor for City and contains all of the covenants and agreements 957
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14 between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
This Agreement is intended solely for the benefit of the parties, and is not intended to create any benefits to any third parties.
13.02 Contractor shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of City. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 Contractor shall timely file FPPC Form 700 Conflict of Interest Statements with City if required by California law and/or the City’s conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
13.06 Contractor covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 Contractor has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. Contractor agrees that they are unaware of any financial or economic interest of any public officer or employee of the City relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the City may immediately terminate this Agreement by giving notice thereof. Contractor shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
13.08 Improper Consideration. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, 958
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15 services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the City in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by City. The City, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the City with respect to the proposal and award process of this Agreement or any City contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any City contract has been awarded. Contractor shall immediately report any attempt by any City officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor.
13.09 Severability. If any portion, section, sentence, provision or paragraph of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect, but only if, and to the extent, such enforcement would not materially and adversely alter the Parties’ essential objectives as expressed herein.
13.10 Prevailing Wages. Contractor shall be responsible to comply with applicable prevailing wages laws. As a condition of payment, if applicable Contractor shall show proof of payment of wages under applicable state and federal laws and regulations relating to prevailing wages in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1, 1773.5, and 1773.9”, for Riverside County and/or 40 U.S.C. Section 276a, et. seq.
Such wage rates shall conform with those posted at City offices and the project site. In the event that the Contractor fails to pay the prevailing wages, the Contractor shall be solely liable for penalties and for the shortfall in wages and shall indemnify, defend and hold harmless City under Section 8.01 against any of the same. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1771 - Requirement to Pay Prevailing Wages
2. Section 1773.1 – Per Diem Wages; Travel and Subsistence Pay.
3. Section 1774 – Payment of Prevailing Wage Rates.
4. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
5. Section 1776 – Payroll Records and Certified Payroll Reports.
6. Section 1777.5 - Apprenticeship Requirements.
7. Sections 1810 and 1811 - Working Hour Restrictions.
8. Section 1813 - Penalty for Failure to Pay Overtime.
13.11 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, 959
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16 color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry.
13.12 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. No waiver or modification of this Agreement shall occur as the result of any course of performance or usage of trade.
13.13 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
13.14 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purpose of this Agreement.
13.15 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
13.16 Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations is delayed or prevented by causes beyond its reasonable control, including but not limited to severe weather, volcanic eruptions, quarantines, civil disturbances, interruptions in utility services, the cessation of providing necessary products or services to Contractor by any supplier to Contractor, catastrophic equipment failures due to extraordinary events beyond the control of Contractor, threats of such circumstances, future laws, rules, regulations, orders, or acts of any local, state, federal, or provincial government, acts of God, 960
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17 war, terrorism, riots, fires, floods, epidemics, pandemics, earthquakes, strikes, labor disputes, governmental orders, or failure of utilities. The affected party shall promptly notify the other party in writing of the occurrence of such event and upon termination of such event and shall use reasonable efforts to resume performance as soon as practicable. Force majeure shall not excuse the obligation to make payments when due.
13.17 Limitation of Liability. Neither party shall have any liability to the other party for special, consequential, or incidental damages, except however in connection with a claim made against either party by a third party, provided that such claim arises out of or results from the negligence or willful misconduct or any other claim within the scope of the indemnity obligations of Contractor or City, as applicable, under this Agreement.
13.18 Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified neither party shall be responsible for the service of the other.
13.19 The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. The parties expressly adopt and confirm each electronic signature made by a party to this Agreement, regardless of whether delivered in person, by mail, courier, facsimile, email, or in portable document format (PDF), as if the same were manually signed and delivered in person. Each party agrees not to assert that any electronic signature is inadequate to bind such party to the same extent as if signed manually and delivered in person.
13.20 The provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement shall survive such expiration or termination.
Without limiting the foregoing, the provisions relating to indemnification, ownership of documents and intellectual property, audit and records retention, insurance obligations, confidentiality, and payment obligations shall survive the termination or expiration of this Agreement.
13.21 Notice. Any notice, demand, request, consent, approval, or other communication required or permitted to be given under this Agreement (“Notice”) shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight courier, sent by certified or registered mail (return receipt requested), or sent by electronic mail, addressed as follows:
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18 To City:
City of Banning
Attn: City Manager
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
To Contractor:
Clean Energy
4675 MacArthur Court,
Newport Beach, CA 92660
To: Chad Lindholm
With a copy to: Deputy General Counsel
Notices shall be deemed received as follows: (i) on the date of delivery if delivered personally; (ii) one (1) business day after deposit with a nationally recognized overnight courier; (iii) three (3) business days after deposit in the United States mail, postage prepaid; or (iv) on the date transmitted if sent by electronic mail during normal business hours of the receiving party, or on the next business day if sent after normal business hours. Either party may change its address for Notice by providing written Notice of such change to the other party in accordance with this Section.
13.22 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which counterparts taken together shall constitute one and the same instrument for all purposes of this Agreement.
13.23 The recitals set forth in the preamble of this Agreement are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. [SIGNATURES ON FOLLOWING PAGE]
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19 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CITY: CONTRACTOR:
CITY OF BANNING CLEAN ENERGY
By:_______________________ By:_______________________
Elizabeth Gibbs, City Manager Print
Name: ____________________
Date: ______________________
Date: _____________________
City Council Approval: RESO
ATTEST:
By: ______________________
Sandra Calderon, Deputy City Clerk
Date: __________________
APPROVED AS TO FORM:
By: ______________________
John O. Pinkney, City Attorney
Date: __________________
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20 EXHIBIT “A”
PROPOSAL
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31 EXHIBIT “B”
CERTIFICATES OF INSURANCE
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STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Phaedra Norton, City Attorney
MEETING DATE: August 25, 2026
SUBJECT: Adoption of the City of Banning’s Social Media Policy for Public Officials.
STAFF RECOMMENDATION:
Adopt Resolution 2026-122
In light of the United States Supreme Court opinion in Lindke v. Freed (2024) 601 U.S. 187, it is recommended that the City of Banning adopt a Social Media policy that (1) clearly delineates between official social media accounts and personal accounts while discouraging hybrid accounts, and (2) establishes that all official social media accounts are intended to provide one-way informational communications only from the City to the public.
BACKGROUND:
On May 12, 2026, the City Council discussed options related to the City’s social media policy. The City Council requested that staff bring back a policy that is consistent with the United States Supreme Court opinion in Linke v. Freed. The proposed policy for City Council consideration seeks to clearly delineate between official social media accounts and personal accounts while discouraging hybrid accounts.
In addition, the City’s official social media accounts are intended to provide one way informational communications only from the City to the public. The City’s official social media accounts are not intended to create or function as a public discussion forum, a public comment forum, or substitute for established governmental processes. Based upon the foregoing, and given the City’s fiscal emergency and lack of staffing resources, the City will disable public comments, replies, and similar public responses on all official City accounts whenever the applicable platform permits the City to do so.
The Lindke v. Freed decision clarified what forms of social media activity constitute state action, which is subject to the First Amendment protections. State action occurs when (1) an official possesses actual authority to speak on behalf of the government on the matter; and (2) the official purports to exercise that authority in the relevant posts. The proposed policy would apply to all social media accounts created, maintained, administered, or operated on behalf of the City, as well as any personal or hybrid accounts operated by public officials.
JUSTIFICATION:
Failure to distinguish official social media accounts from private accounts may result in First Amendment liability for the City of Banning regarding any matter that qualifies as state action. 976
FISCAL IMPACT:
None
ATTACHMENTS:
1. Resoltuion 2026-122_Social.Media.Policy.docx
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Resolution 2026-XXX
RESOLUTION 2026-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
ADOPTING A SOCIAL MEDIA POLICY FOR OFFICIAL CITY SOCIAL MEDIA ACCOUNTS CONSISTENT WITH THE LINDKE V. FREED (2024) UNITED STATES SUPREME COURT
DECISION
WHEREAS, the Mayor and City Council of Banning (“City Council”) recognize that its public officials utilize social media platforms to communicate with residents, businesses, visitors, and members of the public concerning City of Banning programs, services, activities, meetings, events, public safety, and other matters of public interest; and WHEREAS, the City Council desires to establish a consistent and uniform framework governing the City’s official social media accounts and the manner in which those accounts are administered; and
WHEREAS, the United States Supreme Court, in Lindke v. Freed (2024) 601 U.S. 187, established a legal standard governing when a public official’s use of social media constitutes “state action” subject to First Amendment constraints; and WHEREAS, the Court held that a public official engages in state action on social media only when (1) the official possesses actual governmental authority to speak on the State’s behalf regarding the matter at issue and (2) the official purports to exercise that authority through the account or specific post; and
WHEREAS, the City Council finds that clear guidance is necessary to ensure that public officials understand when their online activity may be treated as governmental action and to prevent unconstitutional viewpoint discrimination in digital public forums; and WHEREAS, the City Council further finds that adopting a formal policy outlining standards for account classification, moderation practices, posting guidelines, documentation requirements, and training obligations for all public officials will promote transparency, protect the constitutional rights of residents, and reduce legal risk to the City and its officials; and WHEREAS, the City Council intends its official social media accounts to function primarily as informational communication channels only through which the City of Banning may communicate information to the public; and
WHEREAS, to achieve this goal, the City Council desires to establish a uniform policy under which public comments and public replies are disabled on all official City of Banning social media accounts, thereby avoiding the need for City personnel to moderate the accounts given the City’s current financial crisis and lack of available resources; and WHEREAS, the City Council further recognizes that disabling comments does not prevent members of the public from communicating with the City of Banning through other established and lawful alternative communication channels or means, including City offices, telephone, email, the City’s official website, public meetings, public records procedures, and other applicable processes; and
WHEREAS, the City Council recognizes that official City of Banning social media communications must be administered consistent with applicable federal and state law, including 978
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applicable constitutional requirements, public records requirements under the California Public Records Act (Government Code section 7920.000 et seq.), open-meeting requirements under the Ralph M. Brown Act (California Government Code section 54950 et seq.), accessibility requirements, and records-retention requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. Adoption of Social Media Policy. The City Council hereby adopts the City of Banning Social Media Policy for Public Officials attached hereto as Exhibit A and incorporated by this reference. This policy shall govern the establishment, administration, maintenance, and use of social-media accounts by all elected and appointed officials of the City of Banning.
SECTION 2. Applicability. The policy applies to all social-media accounts used by public officials, including official, personal, and hybrid accounts, to the extent described in the policy and consistent with the Lindke v. Freed standard.
SECTION 3. Comments and Public Replies. Public comments, replies, and similar publicresponse functionality shall be disabled on all official City of Banning social media accounts to the maximum extent technically feasible. Nothing in this Section shall be construed to restrict public criticism, participation, or communication through other alternative channels or means provided by law or City policy.
SECTION 4. Training Requirement. All public officials shall complete annual training on the policy, including account classification, moderation rules or practices, and documentation procedures.
SECTION 5. Administrative Authority. The City Manager or their designee is authorized to administer this policy and to take such administrative actions as are reasonably necessary to implement this Resolution, including establishing, modifying, suspending, or discontinuing official City of Banning social media accounts, and to make any necessary budget adjustments, appropriations, or transfers related to this resolution.
SECTION 6. Policy Review. The City Council should review the policy annually and may amend as necessary to reflect changes in law, technology, or best practices.
SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this resolution and shall cause the same to be entered into the official records of the City of Banning.
SECTION 8. Effective Date. This resolution shall take effect immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 00th day of Month 2026.
Richard Royce, Mayor
City of Banning
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ATTEST:
Sandra Calderon, Deputy City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
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CERTIFICATION:
I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-XXX, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 00th day of Month 2026 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Deputy City Clerk
City of Banning, California
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EXHIBIT A
City of Banning Social Media Policy for Public Officials
1. PURPOSE
The purpose of the Banning Social Media Policy (“Policy”) is to establish standards for the creation, use, and management of social media accounts operated on behalf of the City of Banning (“City”), its departments, employees, and elected officials. Official City social media accounts are intended to provide one-way informational communications only from the City to the public and are not intended to function as public discussion forums, public-comment forums, or substitutes for established governmental processes. Further, this Policy ensures compliance with the First Amendment and the United States Supreme Court’s Lindke v. Freed decision, which clarifies what forms of social media activity are state action.
2. SCOPE
This Policy applies to all official social media accounts created, maintained, administered, or operated on behalf of the City. This policy also applies to city departments and staff, city boards and commissions, elected officials using personal or hybrid accounts, and anyone involved in managing City social media. Covered platforms may include but are not limited to Facebook, Instagram, X, LinkedIn, YouTube, TikTok, Nextdoor, and any successor or substantially similar social media platform.
This Policy does not generally govern personal social media accounts maintained by employees, elected officials, or appointed officials, except as otherwise provided in this Policy or required by applicable law or City policy.
3. DEFINITIONS
3.1 Social Media
An internet-based service or platform that permits users to publish, distribute, view, share, or otherwise interact with digital content. This includes but is not limited to blogs, social and professional networks, and video or photo sharing as described in Section 2 of this Policy.
3.2 Comment or Reply
A publicly visible response, comment, reply, discussion post, reaction, or similar communication submitted by a member of the public in response to official City social media content.
3.3 Public Official
Any elected or appointed individual serving in an official governmental capacity.
3.4 Official City Social Media Account
A social media account created, designated, or used for communicating information pursuant to the official’s governmental authority.
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3.5 Personal Account
A social media account that is used for private, non-governmental purposes.
3.6 Hybrid Account
A personal account that includes both private content and posts related to official duties.
3.7 State Action
Online activity that meets both prongs of the Lindke test: (1) the official possesses actual authority to speak on behalf of the government on the matter; and (2) the official purports to exercise that authority in the relevant posts. Such activity constitutes a limited public forum, where blocking users or deleting comments may violate the First Amendment, and all moderation must be viewpoint neutral.
4. ACCOUNT CLASSIFICATION
4.1 Official Accounts
Official accounts must be approved by the City Manager or designee and be clearly labeled as official (e.g., Official Account of the City Manager”). The account may use government branding, contact information, or links. All content posted on these accounts is classified as governmental speech subject to the First Amendment.
Official accounts shall include a disclaimer in their description such as “This is the official social media page of [official’s name or City of Banning]. This page is intended for informational purposes only and related to official duties only. Public comments are disabled. This account is not a public discussion or public-comment forum. To contact the City, please use the City’s official website or other established City communication channels.”
4.2 Personal Accounts
Public officials shall maintain a distinction between personal and official accounts, as personal accounts are not subject to the First Amendment public forum rules unless the official uses the account to exercise actual City authority.
To avoid triggering state action under Lindke, elected officials must not announce City policies, programs, or decisions, solicit public feedback on City matters, present themselves as speaking on behalf of the City, or use City resources (staff, logos, official titles) or anything else that implies municipal affiliation or endorsement to manage the account.
Personal accounts may include a disclaimer such as “This is a personal account of [public official]. The views expressed here are my own and do not reflect the views of the City of Banning or any of its affiliates. For official City communications, please follow [City of Banning’s official account].”
4.3 Hybrid Accounts
Hybrid accounts are personal accounts that mix personal content with official updates and are strongly discouraged due to First Amendment risks. Under Lindke, elected officials using 983
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personal accounts to provide constituent services, announce City decisions, communicate official information, invite public comments on City matters, or any related actions may be deemed state action.
Elected officials are strongly encouraged to maintain separate official and personal accounts. If a hybrid account is used, officials must avoid posting content that purports to exercise governmental authority unless the account has been authorized to be reclassified as official.
5. STANDARDS FOR OFFICIAL CITY SOCIAL MEDIA ACCOUNTS
5.1 General Standards
Official City social media accounts may be used to disseminate information about City programs, announce City meetings and events, provide informational announcements, emergency and public-safety information, provide information concerning City projects and initiatives, promote City programs and services, provide educational content, or communicate other information serving a legitimate governmental purpose. All content must be accurate, timely, and relevant to City operations and must comply with CPRA retention rules.
Official City social media accounts shall not replace legally required notices, hearings, public comment period, public records procedures, service-request procedures, or other governmental processes. Any political campaigning, personal endorsements, and commercial advertising are prohibited.
5.2 Purpose of Official Accounts
The City’s official social media accounts are established and maintained as informational communication channels only and are not intended to be a forum for public discussion, debate, or comment.
5.3 Public Comments and Replies
The City shall disable public comments, replies, and similar public-response functionality on all official City social media accounts whenever the applicable platform permits the City to do so.
Because the City’s policy is to disable public comments rather than establish a public-comment forum, City personnel shall not be required to take any action regarding public comments.
The City’s objective is to maintain official social media as a one-way information channel only. The disabling of comments does not prohibit members of the public from expressing opinions, criticizing City policies, communicating with City officials, submitting public comments, or otherwise participating in City government through alternative lawful and established channels or means.
5.4 Posting Authority
Only authorized City personnel may create, administer, or publish content through official City social media accounts. The City manager or designee shall determine which employees are authorized to administer official City social media accounts. Authorized personnel shall use accounts only for official City purposes, publish accurate information within their actual authority, 984
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follow applicable City policies and procedures, protect confidential and legally protected information, follow applicable accessibility requirements, comply with applicable recordsretention requirements, protect account credentials, avoid mixing personal commentary with official announcements, and direct members of the public to appropriate City resources when necessary.
5.5 Required Transparency
This Policy must be publicly posted on an official account. Any removal or blocking must be documented, including the reason and date.
6. STANDARDS FOR ELECTED OFFICIALS’ PERSONAL ACCOUNTS
Officials may post freely on personal accounts, provided they do not purport to speak on behalf of the government, use official titles in a way that implies authority, or provide official updates or directives.
An account maintained by an individual public official is not automatically an official City social media account merely because the individual holds public office. Elected officials may maintain personal social media accounts and discuss general political views, personal opinions, or community issues on personal accounts as long as they do not exercise actual City authority.
The United States Supreme Court clarified that whether social media activity by a public official constitutes state action depends in part on whether the official possessed actual authority to speak for the government and purported to exercise that authority. Lindke v. Freed, 601 U.S. 187 (2024).
Examples of permissible personal content include personal commentary on public issues, campaign-related speech, sharing news articles without implying official action, or personal updates unrelated to City governance. Examples of prohibited content that may trigger state action include, but are not limited to, announcing new policies or soliciting complaints or concerns about City policies and/or actions.
7. BROWN ACT COMPLIANCE
Nothing in this Policy authorizes members of the City Council or any other legislative body to use social media to conduct deliberations, develop a collective concurrence, or otherwise engage in communications prohibited by the Ralph M. Brown Act (Cal. Gov. Code § 54950).
In addition, and consistent with the City of Banning Manual of Procedural Guidelines, members of the City Council or any other legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body (Cal. Gov. Code § 54953.2(a)(3).
8. BLOCKING USERS
Blocking users based on viewpoint on an official account is prohibited under the First Amendment and Lindke. Blocking is permitted only when the user repeatedly violates prohibited content rules and the City provides notice and an appeal process. Elected officials using hybrid accounts assume the risk that blocking users may be regarded as unconstitutional state action. 985
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