October 13, 2026
5:00 p.m.
In Chambers
Council Chambers
99 E. Ramsey Street
Banning, CA 92220
1. CALL TO ORDER
AGENDA
CITY COUNCIL - REGULAR MEETING
CITY OF BANNING, CALIFORNIA
The following information comprises the agenda for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.
This meeting is being held via Zoom so that members of the public may observe and participate in this meeting electronically. If you participate in this meeting via Zoom, you are agreeing to abide by the City's Zoom Community Standards for Public Meetings (provided in full on the last page of the agenda). Esta reunión se lleva a cabo en la Cámara y a través de Video/Teleconferencia en Zoom para que los miembros del público puedan observar y participar en esta reunión de manera electrónica. Si elige participar en esta reunión a través de Zoom, acepta cumplir con los Estándares comunitarios de Zoom para reuniones públicas de la ciudad (que se proporcionan en su totalidad en la última página de la agenda).
To observe and participate in the online video portion of the meeting through your personal computer or device, follow this link:
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Meeting ID: 820 1264 4588
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Join Via Audio/Passcode: 8464147627 - *9 raise hand
Per the City of Banning Manual of Procedural Guidelines, matters taken up by the Council before 10 p.m. may be concluded, but no new matters shall be taken up except upon a majority vote of the council members present and voting. Such an extension shall only be valid for one hour and each hour thereafter shall require a renewed action for the meeting to continue.
AMENDED AGENDA
This Agenda was amened on October 9, 2026, at 1:43 p.m. to add Agenda Item No. 9.6 and to add attachments to Agenda Item No. 9.5. The agenda was originally posted on October 8, 2026 at 7:10 p.m. All other agenda items remain unchanged.
1.1 INVOCATION
Performed by Pastor Reginald Powell from Shiloh Baptist Church City Council - Regular Meeting Agenda
October 13, 2026
1 2. AGENDA APPROVAL
3. PRESENTATIONS
4. REPORT ON CLOSED SESSION
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS
6. CONSENT ITEMS
6.1 Consideration and Approval of the following City Council Meeting Minutes:
February 26, 2026 - Special Meeting
April 28, 2026 - Regular
August, 25, 2026 - Regular
August 26, 2026 - Special Meeting (Workshop)
September 22, 2026 - Closed Session
6.2 Declaration of Nine (9) Used Electric Distribution Transformers as Surplus Property and Authorization for Disposal Through Public Auction in Accordance with Purchasing Policy B30.
1.2 PLEDGE OF ALLEGIANCE
1.3 ROLL CALL
2.1 AGENDA APPROVAL
Phaedra A. Norton, Esq.
5.1 PUBLIC COMMENTS
5.2 CORRESPONDENCE
5.3 APPOINTMENTS
5.4 CITY COUNCIL COMMITTEE REPORTS
5.5 ANNOUNCEMENTS OF CITY COUNCIL MEMBERS
5.6 CITY MANAGER'S REPORT
5.7 CITY ATTORNEY'S REPORT
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.
Recommendation: Approve the Meeting Minutes of:
February 26, 2026 - Special Meeting
April 28, 2026 - Regular
August 25, 2026 - Regular
August 26, 2026 - Special Meeting (Workshop)
September 22, 2026 - Closed Session
Recommendation: It is recommended that the City Council declare nine (9) used electric distribution transformers as surplus, non operational or scrap equipment. Authorize staff to dispose of the surplus items via the City's online auction platform, in accordance with the Purchasing Policy B-30, Section 18-102 as stated:
City Council - Regular Meeting Agenda
October 13, 2026
2 6.3 Public Works Capital Improvement Project Tracking List
6.4 Authorize the City Manager to sign the Notice of Completion for Project No. 2023-04 “Ramsey Street Pedestrian Safety Improvements at the Intersections of Ramsey Street and 2nd Street, 6th Street, 16th Street and Martin Street” as complete and direct the City Clerk to record the Notice of Completion.
6.5 Accept Easements from San Jacinto Grid LLC for Electric Utility Purposes on Accessor’s Parcel 541-220-024 for the Maintenance of the City-Owned Electric Distribution System
6.6 Consideration of Resolution No. 2026-06UA, Approving Amendment No. 1 to Professional Services Agreement No. C01043 with Tetra Tech, Inc. for Supervisory Control and Data Acquisition (SCADA) System Maintenance and Advisory Services to Extend the Agreement through June 30, 2027
6.7 Consideration of Resolution No. 2026-07 UA Approving Amendment No. 4 to the Professional Services Agreement with Hazen and Sawyer for the Well C-8 Project, Extending the Agreement Through December 31, 2026.
6.8 Consideration of Resolution 2026-133, Approving Program Supplement No. F006 to Master Agreement No. 08-5214F15 with the State of California Department of Transportation for Federal-Aid Funding for the Zero-Emission Transit Vehicle Charging Equipment and Infrastructure Project, and approve the necessary budget appropriations.
6.9 Consideration of Resolution 2026-134, Approving Amendment No. 2 to the Professional Services Agreement with UltraSystems Environmental, Inc. for an Additional Amount of $11,140 for Pre-Construction Environmental Survey Work Related to the Sun Lakes Boulevard Extension Project, and approving the necessary budget appropriations
6.10Consideration of Resolution 2026-135 Amending Resolution 2026-66 to Add AutoZone to the Approved Vendor List for Automobile and Equipment Parts for Five-Year Period for an Section 18-102 Disposal of Surplus City Property
(1) The method used by departments to dispose of Surplus City Property must be approved and coordinated with the City Purchasing Officer. Internal reuse of Surplus City Property by City departments is the preferred method of disposal.
(2) Disposition Methods – Surplus City Property shall be disposed of in one of the following preferred methods:
a. a. Internal transfer to a claiming department;
b. Sale by City Purchasing Officer;
c. Documented donation of technology and related equipment with a fair market value less than $5,000 per lot to the Department of Education and non-profit organizations;
d. Auction (material value);
e. Recycling; and
f. Waste.
Recommendation: Receive and file.
Recommendation: Authorize execution of the Notice of Completion Recommendation: Accept easements from San Jacinto Grid, LLC for electric utility purposes located at 300 S. Gallaher Way, Accessor's parcel 541-220-024.
Recommendation: Adopt Resolution 2026-06UA
Recommendation: Adopt Resolution 2026-07 UA
Recommendation: Adopt Resolution 2026-133
Recommendation: Adopt Resolution 2026-134
City Council - Regular Meeting Agenda
October 13, 2026
3 Annual Aggregate of $80,000 per Fiscal Year (FY 2026-FY2030)
6.11Consideration of Resolution 2026-136 Approving the City of Banning Electric Utility's Power Source Disclosure Annual Report and Power Content Label for Calendar Year 2025
6.12Consideration of Resolution 2026-139, Approving Final Tract Map 39259-1 and Release the Map for Recordation; Authorize Staff to Sign the Subdivision Improvement Agreement and Final Tract Map; Accept Faithful Performance and Labor Bonds for Public Improvements
6.13Consideration of Resolution 2026-140, Approving Final Tract Map 39262-1 and Release the Map for Recordation; Authorize Staff to Sign the Subdivision Improvement Agreement and Final Tract Map; Accept Faithful Performance and Labor Bonds for Public Improvements
7. PUBLIC HEARINGS
7.1 Specific Plan Amendment No. 26-0001 (Amendment to Table 3-1 of the Sunset Crossroads Specific Plan)
7.2 Consideration of a Joint Resolution of the City Council of the City of Banning, the Banning Utility Authority, and the Successor Agency of the City of Banning, Approving and adopting the 2027-2031 Capital Improvement Program including 2027 Capital Improvement Appropriations
8. REPORTS OF OFFICERS
9. DISCUSSION ITEMS
9.1 Presentation of the Banning Police Department Organizational Assessment prepared by Jacob Green & Associates
9.2 Consideration of Resolution 2026-141, Authorizing the Appointment of Retired Annuitant George Crum as Interim Police Chief
Recommendation: Adopt Resolution 2026-135
Recommendation: Adopt Resolution 2026-136
Recommendation: Adopt Resolution 2026-139
Recommendation: Adopt Resolution 2026-140
Recommendation: The Planning Commission recommends the City Council take the following actions:
1. Determine that Specific Plan Amendment No. 2026-01 does not require further environmental review in accordance with Section 15183 of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt a Resolution entitled:
RESOLUTION NO. 2026-132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT NO. 26-0001 TO AMEND TABLE 3-1 OF
THE SUNSET CROSSROADS SPECIFIC PLAN AND MAKE A DETERMINATION THAT SPECIFIC PLAN AMENDMENT NO. 26-0001 DOES NOT REQUIRE FURTHER ENVIRONMENTAL REVIEW IN ACCORDANCE WITH SECTION 15183 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
Recommendation: Adopt Joint Resolution 2026-138, 2026-09UA, and 2026-03SA Recommendation: Receive and file the Banning Police Department Organizational Assessment prepared by Jacob Green & Associates
City Council - Regular Meeting Agenda
October 13, 2026
4 9.3 Resolution 2026-137 Adopting Policies for the Budget and Finance Committee and Expanding its Membership to Include Members of the Public
9.4 Consideration of Resolution 2026-120, Approving a Transit Service Funding Agreement between the City of Banning and the County of Riverside for the Continued Provision of Fixed-Route Transit Service to the Cabazon Area
9.5 Consideration of Resolution 2026-142, Amending the City of Banning's Classification and Compensation Plan
9.6 Adoption of the Fiscal Year 2026-2027 Operating Budget for the Electric Utility Public Benefit Fund 675
10. ITEMS FOR FUTURE AGENDAS
11. ADJOURNMENT
Recommendation:
Adopt Resolution 2026-141
Recommendation: Adopt Resolution 2026-137
Recommendation: Adopt Resolution 2026-120
Recommendation: Adopt Resolution 2026-142
Recommendation: Adopt Resolution No. 2026-143 Approving the Fiscal Year 2026-2027 Operating Budget for the Electric Utility Public Benefit Fund (Fund 675), effective retroactively to October 1, 2026.
11.1 NEW ITEMS
1. Discussion Regarding the Process for Selection of the Mayor (Barrington) September 2026
2. Discussion Regarding Notification to Property Owners of Delinquent Tenant Utility Accounts (Miller) September 2026
11.2 EXISTING ITEMS
1. Streamline Procurement Policy (Flynn) August 2025
2. Maintenance and replacement of street signs. (Flynn) March 2026
3. Rename the Arthur Welch Community Center back to the National Guard Armory (Flynn) April 2026
4. Smoke Shop Moratorium (Miller) April 2026
5. Special Event Fee Schedule and Permit Process Review (Miller) May 2026
6. Review and discussion of the Censure Policy to ensure conformance with the City of Banning Manual of Procedural Guidelines and the Banning Municipal Code (Flynn) June 2026
7. Stagecoach Town USA discussion (Royce) August 2026
8. SB 707 (Flynn) September 2026
Next Regular Meeting – October 27, 2026
Zoom Community Standards for Public Meetings
By participating in this meeting on Zoom, you are agreeing to abide by the City of Banning’s Community Standards for Public Meetings. Zoom attendees that fail to adhere to these standards may be removed from the meeting room.
City Council - Regular Meeting Agenda
October 13, 2026
5 Your microphone must remain on mute, and you may only unmute your microphone when/if you are recognized by the Mayor.
Your camera must be turned off unless/until you are recognized by the Mayor.
To indicate a desire to make Public Comment, you must use the Raise Hand function. The Mayor will not recognize those who have not used the Raise Hand function.
Public Comment from Zoom attendees will immediately follow in-person comment from members of the public in Council Chambers.
If you fail to adhere to these community guidelines, you may be removed for disrupting the meeting occurring in Council Chambers. You may rejoin the meeting but may be removed for each violation of these community standards.
The chat function will be disabled for all City Council meetings on Zoom.
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La función de chat estará deshabilitada para todas las Reuniones del Ayuntamiento en Zoom.
AFFIDAVIT • DECLARACIÓN JURADA
IT IS HEREBY CERTIFIED under the laws of the State of California that the above agenda was posted on the City's website (www.banningca.gov) as well as the Bulletin Board at Banning City Hall, located at 99 E Ramsey Street, Banning, CA 92220, at least 72 hours in advance of the meeting.
_________________________
Vickie Sellers, Elected City Clerk
Secretaria Municipal Electa
City Council - Regular Meeting Agenda
October 13, 2026
6 PUBLIC NOTICE • NOTICIA PÚBLICA
Meeting Agendas and Notices
Interested in receiving email and/or text notifications of upcoming City Council meetings? Sign up for meeting notifications through the City's website. Pursuant to amended Government Code §54957.5(b), staff reports and other public records related to open session agenda items are available on the City's website (www.banningca.gov/).
Public Comment
Agenda Items
Any member of the public may address this meeting of the City Council on any item appearing on the agenda. A five-minute limitation shall apply to each member of the public and no member of the public shall be permitted to share their time with any other person.
Non-Agenda Items
Any member of the public may address this meeting of the City Council on any item which does not appear on the regular meeting agenda but is of interest to the general public and is an item upon which the City Council may act. A three-minute limitation shall apply to each member of the public and no member shall be permitted to share their time with any other person. No action shall be taken, nor discussion held by the City Council, on any item which does not appear on the agenda, unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of §54954.2 of the Government Code.
Special Assistance/Accessibility Requests
In compliance with the Americans with Disabilities Act, any member of the public may request that the agenda and agenda packet be mailed to them. If you need special assistance to participate in this meeting (such as translation services), please contact the City Clerk's Office. Advanced notification of at least 48 hours prior to the meeting will allow the city to make arrangements to ensure your accessibility.
¿Necesita servicios de traducción para participar? Contacto Oficina del Secretario de la Ciudad.
CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | [email protected] 99 East Ramsey Street, Banning, California 92220
City Council - Regular Meeting Agenda
October 13, 2026
7 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Sandra Calderon, Deputy City Clerk
MEETING DATE: October 13, 2026
SUBJECT: Consideration and Approval of the following City Council Meeting Minutes:
February 26, 2026 - Special Meeting
April 28, 2026 - Regular
August, 25, 2026 - Regular
August 26, 2026 - Special Meeting (Workshop)
September 22, 2026 - Closed Session
STAFF RECOMMENDATION:
Approve the Meeting Minutes of:
February 26, 2026 - Special Meeting
April 28, 2026 - Regular
August 25, 2026 - Regular
August 26, 2026 - Special Meeting (Workshop)
September 22, 2026 - Closed Session
BACKGROUND:
After every meeting, the City Clerk's Office prepares meeting minutes. The City Council reviews and approves these minutes either as presented or with modifications.
JUSTIFICATION:
These minutes have been prepared as summary minutes in accordance with City Council Resolution 2025-22 and Government Code Section 36814, 4801, and 54953 (c)(2).
FISCAL IMPACT:
None
ATTACHMENTS:
1. 2026 02 26_Special City Council Meeting_Draft.pdf
2. 2026 04 28 City Council Minutes_Draft.pdf
3. 2026 08 25_CC Regular Meeting Minutes_DRAFT.pdf
4. 2026 08 26_CCMinutes_ Special Meeting_WS.pdf
5. 2026 09 22_CCMinutes_CS_Draft.pdf
8 City Council - Special Meeting Agenda
February 26, 2026
1 MINUTES
CITY COUNCIL - SPECIAL MEETING
FEBRUARY 26, 2026 – 5:00 P.M.
1. CALL TO ORDER– 5:00 p.m.
1.1 PLEDGE OF ALLEGIANCE
1.2 ROLL CALL
COUNCIL MEMBERS PRESENT: Mayor Richard Royce
Mayor Pro Tem Cindy Barrington
Council Member Sheri Flynn
Council Member Leroy Miller
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: John Pinkney, City Attorney
Elizabeth Gibbs, City Manager
Art Vela, Public Works Director
Vickie Sellers, City Clerk
Sandra Calderon, Deputy City Clerk
2. CITY ATTORNEY'S REPORT
John Pinkney, City Attorney reviewed the rules of procedure for the city council, emphasizing courtesy, decorum, and that all remarks and questions should be addressed to the presiding officer.
He reported that the most recent version of the development agreement was shared with the developer's attorneys approximately an hour prior to the meeting. This revised document had not yet been reviewed by the council, the public, or by himself, and was not included in the packet.
Due to these circumstances, Mayor Royce moved to table the discussion until the next council meeting on March 10th seconded by Council Member Miller. Motion carried unanimously with a 5-0 vote.
3. AGENDA APPROVAL
4. CONSENT AGENDA
None
5. PUBLIC HEARINGS
5.1 Consideration of Applications By NP Banning Industrial, LLC for the Sunset 9 City Council - Special Meeting Agenda
February 26, 2026
2 Crossroads Project, including (1) a Specific Plan (Case No. SP 20-2002) to Allow for the Development of Industrial and Commercial Uses on 533.8-acres of Land Located South of I-10 and the Union Pacific Railroad, and West of Sunset Avenue (Specific Plan Area); (2) a General Plan Amendment (Case No. GPA 20 -2501) and Zone Change (Case No. ZC 20-3502) to Amend the General Plan Land Use and Zoning of the Specific Plan Area to General Commercial (GC), Industrial (I), Opens Space- Parks (OS-P), and Open Space-Resources (OS- R), including Pre-zoning for Annexation of Portions of the Specific Plan Area into the City of Banning’s Jurisdictional Boundary; (3) a Development Agreement to Establish Vested Development Rights in Exchange for Public Benefits as Specified in the Agreement; (4) a Tentative Parcel Map (Case No.
TPM 38118) for a Subdivision of the Specific Plan Area into Thirty-four Parcels and Five Lettered Lots Ranging in Size from One Acre to Seventy -eight Acres Consistent with the Nineteen Planning Areas in the Specific Plan; and (5) a Final Environmental Impact Report (Sch No. 2021020011) Including Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act.
Recommendation:
Deny the Project Applications as Recommended by the Planning Commission by Adopting:
Resolution No. 2026-26 Rejecting the Certification of an Environmental Impact Report (EIR), SCH No. 2021020011, Including Related Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; and Resolution No. 2026-27Denying Applications by NP Banning Industrial LLC for the Sunset Crossroads Project, Including General Plan Amendment (No. 20-2501), Zone Change (No. 20-3502), Specific Plan (No. 20-2002), Tentative Parcel Map (TPM 38118) and a Development Agreement, for the Development of Industrial and Commercial Uses on a 533.8-acre Project Site Located South of I-10/Union Pacific Railroad and West of Sunset Avenue
Alternatively, Approve the Project Applications as recommended by Staff by Adopting:
Resolution No. 2026-28 Certifying the Environmental Impact Report (EIR), SCH No. 2021020011, Including Related Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; and
Resolution No. 2026-29 Approving General Plan Amendment (No. 20-2501) and Specific Plan (No. 20-2002); and
Resolution No. 2026-30 Approving Annexation of 253.7 Acres into the City of Banning; and
Resolution No. 2026-31 Approving the Tentative Parcel Map (TPM 38118); and Introducing by Title Only the Following Ordinances:
Ordinance No. 1618, Approving Zone Change (No. 20-3502) Ordinance No. 1620, Approving a Development Agreement between NP Banning Industrial LLC and the City of Banning
5.2 Consideration of an Application by the City of Banning, CA for General Plan Amendment (Case No. GPA 22-2502) and Zone Change (Case No. ZC 22-3502) to Amend the Land Use Designation and Zoning of Approximately 41 acres of Land Owned by Mount San Jacinto Community College District Located Near the Southeast Corner of Westward and Sunset Avenues from PF–S (Public Facilities-Schools) to Very High Density Residential (VHDR) to Transfer Density of Not Less Than 1,146 Residential Units from the Sunset Crossroads Specific Plan.
Recommendation:
1. Adopt Resolution No. 2026-33, approving General Plan Amendment No. 22-2502
2. Adopt Ordinance No. 1619, approving Zone Change No. 22-3502 10 City Council - Special Meeting Agenda
February 26, 2026
3 6. ADJOURNMENT
MOTION
Mayor Royce motioned to table the items on the agenda until March 10, 2026, Council Member Miller seconded the motion to adjourn the special meeting. The motion carried unanimously with a 5-0 vote.
Mayor Royce adjourned the meeting at 5:06 p.m.
Minutes prepared by:
Sandra B. Calderon
Deputy City Clerk
These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2).
The entire discussion of this meeting may be viewed here:
https://banninglive.viebit.com/watch?hash=pbr6T9SULuf1ELcz 11 1
MINUTES
CITY COUNCIL - REGULAR MEETING
CITY OF BANNING, CALIFORNIA
APRIL 28, 2026 – 5:00 p.m.
1. CALL TO ORDER – 5:05 p.m.
1.1 ROLL CALL
COUNCIL MEMBERS PRESENT: Mayor Richard Royce
Mayor Pro Tem Cindy Barrington
Council Member Sheri Flynn
Council Member Leroy Miller
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Phaedra Norton, City Attorney
Elizabeth Gibbs, City Manager
Art Vela, Public Works Director
Vickie Sellers, City Clerk
Sandra Calderon, Deputy City Clerk
1.2 INVOCATION
Performed by Todd Oldenburg, Pastor of Thrive Church
1.3 PLEDGE OF ALLEGIANCE
2. AGENDA APPROVAL
2.1 AGENDA APPROVAL
Council Member Wallace motion to approve the agenda, seconded by Mayor Pro Tem Barrington.
Motion carried 5-0.
3. ADJOURNED BUSINESS - ITEMS CONTINUED FROM APRIL 14, 2026
3.1 Consideration of Resolution 2026-58, Approving Modifications to Section 10.3, 10.6, and 12.2 of the City of Banning Manual of Procedural Guidelines
Recommendation: Adopt Resolution 2026-58
Item 3.1 involved modifications to the Banning Procedures Manual, specifically updating sections
10.3, 10.6, and 12.2.
No public comments received.
12 2
A motion to accept Resolution 2026-58, approving the modifications, was made by Council Member Flynn, seconded by Mayor Pro Tem, and carried by a 5-0 vote.
3.2 Receive and file Accounts Payable and Payroll Warrants Issued for the months of July 2025 through December 2025
Recommendation: Receive and file
Staff presented the accounts payable and payroll warrants for July 2025 through December 2025, highlighting their significance in advancing fiscal responsibility. Council Member Royce requested a summary of the credit card amounts, which staff agreed to provide. A discussion ensued regarding the frequency and nature of ACH payments and payroll runs. A motion to receive and file the warrants was made by Council Member Flynn, seconded by Mayor Pro Tem Barrington, and carried by a 5-0 vote.
3.3 Consideration of Resolution 2026-65, Approving a New Travel & Meeting Policy for Elected Officials and City employees.
Recommendation: Adopt Resolution 2026-65 approving a new Travel & Meeting Policy to establish a travel and expense policy for the City of Banning (City) elected and appointed officials and City employees as well as provide guidelines to ensure proper control of travel costs as they relate to official City business and compensate individuals for actual and necessary travel related expenses.
Item 3.3 addressed a new travel and meeting policy designed to comply with AB 1234 and government code provisions. The policy, presented with redline changes, included a recommendation to extend its coverage to city employees. Key proposed changes included defining a 50-mile radius from the official's primary residence for city-related events, incorporating specific language from government code section 53232.4, and proposing an amendment to use City Hall as the starting point for employee travel mileage calculation.
Public comment:
Sue Savage, City Treasurer requested clarification and inclusion in the policy, suggesting the California Municipal Treasurers Association Annual Conference be added to Exhibit A as a preapproved event.
Council discussion revolved around the clarity and completeness of the new policy compared to the previous one (E3). Staff explained that the new policy (E4) aimed to simplify and consolidate information. The definition of the starting point for travel reimbursement (City Hall vs. residence) was debated, noting that government code specifies using the closest residence or place of employment. A motion was made by Council member Flynn to table the item for the next meeting, seconded by Mayor Royce and carried by a 3-2 vote. With Council Members Miller and Wallace voting no.
3.4 Consideration of Resolution 2026-62 Approving a Software-as -a-Service (SaaS) Master Services Agreement (MSA) with Routeware, Inc. for Compliance Tracking in the amount of $89,992
Recommendation: Adopt Resolution 2026-62
Item 3.4 authorizing a three-year software-as-a-service agreement with Routerware Inc. for compliance tracking software. Staff explained that this is a continuation of an existing, fully implemented system crucial for their small staff managing solid waste compliance programs.
The software enables staff to track compliance activities, maintain accurate records, and meet strict reporting deadlines, such as the ten-day requirement from CalRecycle. Without it, compliance tracking would become manual and inefficient, especially given the limited FTE overseeing these programs.
13 3
The city has already invested in its implementation, and staff are trained and it is fully operational. Switching to a new system would incur additional costs for data transfer and training.
No public comments were received.
A motion to adopt resolution 2026-62 was made by Council Member Flynn, seconded by Mayor Pro Tem Barrington, and carried by a 5-0 vote.
4. PRESENTATIONS/PROCLAMATIONS
Introduction of Chief Fish
Riverside County Fire Chief Fish was introduced to the City Council. Staff provided a brief overview of chief Fish’s professional background and experiences. Chief Fish address the Council, expressed his appreciation for the opportunity to serve the community, and reaffirmed the department’s commitment to its partnership with the City of Banning
4.1 Recognition of Small Wastewater Collection System of the Year Award for 2025 by California Water Environment Association (CWEA), Colorado River Basin Section.
Recommendation: Presentation by City Staff for the Small Wastewater Collection System of the Year - 2025 Award by California Water Environment Association (CWEA), Colorado River Basin Section.
Art Vela, Public Works Director announced that the City’s Wastewater Collection System received the 2025 Small Wastewater Collection system of the Year-Award from the California Water environment Association, Colorado River Basin Section.
Staff recognized the wastewater team for their dedication, expertise, and continued commitment to maintain the City’s wastewater collection system.
4.2 Public Service Recognition Week
Recommendation: Proclaim May 3 through May 9, 2026 Public Service Recognition Week.
Mayor Royce read a proclamation recognizing May 3-9, 2026, as Public Service Recognition Week in the City of Banning, honoring public employees for their dedication and commitment to providing essential services to the community.
5. REPORT ON CLOSED SESSION
Phaedra Norton, City Attorney said there was no action to be taken on any of the closed session agenda items.
6. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND
REPORTS
6.1 PUBLIC COMMENTS
Maddie Bogue, Southern California Edison: Introduced herself as the new Government Relations Manager for Southern California and expressed her commitment to strengthening the partnership with the City of Baniing Gerry Phelps: Expressed concerns regarding the zoning of Banning Point, specifically the potential development of warehouses, and requested that the City Council consider amending the Specific Plan to eliminate such uses.
Inge Schuler: Expressed concern regarding delays in the availability of City Council meeting minutes and emphasized the importance for timely access and transparency. 14 4
Cassandra Munoz and Rebecca Haugen: Presented information regarding student homelessness within the Banning Unified School District and discussed the need for greater awareness, communication, and access to available community resources.
Felipe Aguayo: Spoke regarding student homelessness and emphasized increasing awareness of available resources, improving communication between schools and families, and reducing the stigma associated with seeking assistance.
Jessica Palease: Spoke on behalf of residents regarding animal services, expressing concerns about locating lost pets, overcrowding at Riverside County Animal Servies, and the timeline for establishing a functional local animal shelter in banning
6.2 CORRESPONDENCE
No correspondence was received.
6.3 APPOINTMENTS
6.4 CITY COUNCIL COMMITTEE REPORTS
Council Member Sherry Flynn read a formal request for the censure of Council Member Colleen Wallace. Flynn stated that Wallace had not followed Banning Municipal Code (BMC) guidelines concerning public censure between council members for misconduct in her complaint against another council member. The correspondence outlined violations of the BMC, specifically Section
2.04.060, which addresses public censure of council members. Flynn stated that Wallace was given notice of proper procedures but chose not to correct her actions. The request emphasized that proper procedures were not followed, leading to unnecessary outside investigations funded by taxpayers. Flynn requested that proceedings commence against Council Member Wallace for her continued violation and failure to correct municipal code and administrative policy violations.
Council Member Wallace reported on her attendance at the Leaders Summit in Sacramento. She highlighted several upcoming legislative bills and attended workshops on misinformation and the reasons for young people leaving California due to a lack of family entertainment and increasing political polarization. She also mentioned lobbying efforts with senators and assembly members to benefit the city.
Council Member Flynn reported on attending a Sun Lakes HOA meeting where she provided city updates. She also attended an RCTC (Riverside County Transportation Commission) subcommittee meeting, discussing the I-15 Express Lanes project, the expansion of the Santa Ana River Trail, and the renaming of State Route 79. The committee decided to re-survey the public for the State Route 79 renaming due to concerns about the initial process being inequitable. Flynn also mentioned attending a law enforcement appreciation dinner.
Council Member Miller reported on attending an RTA (Riverside Transit Agency) board meeting, though no public discussion items were available. He also attended the League of Cities in Sacramento, participating in lobbying efforts regarding issues like Caltrans slowing down projects.
Miller shared an instance where a senator's intervention potentially helped expedite a permit for the Sun Lakes Boulevard project. He also discussed workshops on water sustainability and the need for affordable senior housing, noting the lack thereof in Banning. Miller emphasized the importance of positive community portrayal to attract businesses and families.
6.5 ANNOUNCEMENTS OF CITY COUNCIL MEMBERS
Council Member Wallace announced two Juneteenth events: one on June 19th at Roosevelt Williams Park and another on June 20th at Sylvan Park.
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6.6 CITY MANAGER'S REPORT
30-day Strategic Plan Update
Elizabeth Gibbs, City Manager provided updates on two key areas: Animal Control Study Timeline and Regionalization.
The animal control study is complete, with staff having questions for the consultant. Feasibility and facility condition assessments were provided to a subcommittee. The city plans to reengage Calimesa and Beaumont regarding regionalization. Beaumont's new city manager will start soon, and a meeting with Calimesa's city manager is scheduled. Cross training between animal control and code enforcement officers is being implemented to enhance staffing flexibility. The study results will be presented to the full council on May 26th as a workshop.
Minutes Update
A retired city clerk has been engaged to catch up on the backlog of city minutes, which have not been posted since June 2025. This is a high priority due to the difficulty staff faces in referencing outdated minutes.
Homelessness Data and School District Collaboration
An informal point-in-time count for the homeless population was conducted, and data is still being reviewed. This count is not an official biennial count led by the county. The City Manager plans to meet with the Banning Unified Superintendent to discuss resources for homeless students.
City Cup Winner
Banning won the City Cup for an Iowa tournament, marking the second time the city has achieved this.
6.7 CITY ATTORNEY'S REPORT
The City Attorney reviewed the city's adopted rules of decorum, as outlined in the Banning Manual of Procedural Guidelines
7. CONSENT ITEMS
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.
7.1 Receive and File Fire Protective Services Statistics for the Month of March 2026 Recommendation: Receive and file
7.2 Receive and File Code Enforcement Statistics for the Month of March 2026 Recommendation: Receive and file
7.3 Receive and File Police Department Statistics for the Month of March 2026 Recommendation: Receive and file.
7.4 Receive and File Animal Control Statistics for the Month of March 2026 Recommendation: Receive and file
7.5 Authorize the City Manager to sign the Notice of Completion for Project No. 2023-06W “Lions Park Non -Potable Water Irrigation Conversion Project” as complete and direct the City Clerk to record the Notice of Completion
Recommendation: Authorize execution of the Notice of Completion. 16 6 7.6 Declaration of Eight (8) Scrap Pole-Mount Transformers as Surplus Property and Authorization for Disposal Through Public Auction in Accordance with Purchasing Policy B-30.
Recommendation: Declare eight (8) pole mount transformers as surplus, non operational or scrap equipment. Authorize staff to dispose of the surplus items via the City's online auction platform, in accordance with the Purchasing Policy B-30, Section 18-102 as stated:
18-102 Disposal of Surplus City Property
(1) The method used by departments to dispose of Surplus City Property must be approved and coordinated with the City Purchasing Officer. Internal reuse of Surplus City Property by City departments is the preferred method of disposal.
(2) Disposition Methods – Surplus City Property shall be disposed of in one of the following preferred methods:
a. Internal transfer to a claiming department;
b. Sale by City Purchasing Officer;
c. Documented donation of technology and related equipment with a fair market value less than $5,000 per lot to the Department of Education and non-profit organizations; d. Auction (material
value); e. Recycling; and
f. Waste.
7.7 Consideration of Resolution 2026-68, Approving the Measure “A” Five Year Capital Improvement Plan Project List and Authorizing the City Manager to Execute the Maintenance of Effort Certification Statement
Recommendation: Adopt Resolution 2026-68
consent items (7.1 to 7.7) were presented for approval. Council Member Flynn pulled item
7.7, and Mayor Pro Tem Barrington pulled item 7.4. Public comment was opened for items
7.1, 7.2, 7.3, 7.5, and 7.6 and no comments were received.
A motion was made by Council member Wallace to approve consent items 7.1, 7.2, 7.3, 7.5, and 7.6, seconded by Council Member Miller, and carried by a 5-0 vote.
Mayor Pro Tem Barrington pulled item 7.4 to highlight animal control statistics for March.
Barrington noted a significant increase in service calls, animal impounds, and citations. Staff recognized Animal Control Officer Nicle Grant for her cross-training efforts with Code Enforcement. No public comments were received. Council Member Wallace made a motion to received and filed the report, seconded by Mayor Pro Tem Barrington, and carried by a 5- 0 vote.
Council Member Flynn pulled item 7.7, the project status report, to inquire about the deletion of the Sun Lakes Boulevard extension construction and the delay in the re-striping project.
Public Works staff explained that the extension construction was deferred to future fiscal years due to funding allocation timing. Regarding the re-striping, contracting issues with vendors and potential inflation costs led to a budget increase and a revised timeline. Staff aims to complete the re-striping by the summer, with funding available from July 1, 2026.
Mayor Royce opened public comment.
Edward Espinoza expressed concern about the lack of visible road lines, calling it a safety issue. A motion to approve Resolution 2026-68 was made by Council Member Flynn approving the Measure “A” five-year capital improvement plan project list, seconded by Council Member Miller, and carried by a 5-0 vote.
8. PUBLIC HEARINGS
8.1 Consideration of Resolution 2026-67, Confirming the Levy and Collection of Assessments 17 7
within the City of Banning’s Landscape Maintenance District No. 1 for Fiscal Year 2026/2027 Recommendation: Adopt Resolution 2026-67
A public hearing was held regarding the levy and collection of assessments for Landscape Maintenance District No. 1 for fiscal year 2026-2027. The proposed resolution would confirm the assessments, which remain unchanged from previous years for zones 1-5, and include a 3.25% CPI increase for zones 6-11. Several zones (3, 4, 5, and 9) have structural deficits due to a lack of annual escalators in their assessments, leading to reduced services over time. Zones 2 and 10 will utilize reserves for improvement projects, including tree removal and trimming. The council discussed the financial challenges in certain zones and potential future solutions, including the creation of a new zone or general fund appropriations.
Mayo Royce recused himself tom this item because he has property in a zone district.
Mayor Pro Tem Barrington opened Public Hearing at 7:39 p.m.
Juanita Diaz, resident of Banning expressed concerns regarding City spending and oversight, citing delays in clearing overgrowth in Area 9 despite available equipment and noting that volunteers have completed similar clean-up efforts more quickly. She also questioned expenditures and modifications related to fencing at a City baseball park and whether staff adequately evaluate conditions before making project decisions. She urged the City to reduce unnecessary spending, apply cost-cutting measure continently, and provide greater oversight of expenditures.
Public Hearing was closed at 7:42 p.m.
Council Member Wallace made a motion to adopt resolution 2026-67, seconded by Council Member Miller, and carried by a 4-0 vote. Mayor Royce recused from the item and did not participate in the vote.
9. REPORTS OF OFFICERS
10. DISCUSSION ITEMS
10.1 Transfer and Reuse of Remaining Opportunity Village Assets Recommendation: Discuss and provide direction regarding the disposition and reuse of remaining Opportunity Village assets, including:
1. transfer of one combination trailer to the Water Division;
2. reuse of the former Opportunity Village office by Animal Control.
The council considered the reuse of remaining Opportunity Village assets. Staff proposed transferring a restroom/shower trailer to the water division and an office trailer to animal control, aligning with the city's surplus property policy.
Concerns were raised about the costs associated with preparing the site for the office trailer at animal control.
No public comments were received.
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A motion to approved the internal reuse of these assets was made by Council Member Miller, seconded by Council Member Wallace, and carried by a 5-0 vote.
10.2 Consideration of Resolution 2026-44, A Resolution of the City Council of the City of Banning, California, reprogramming approved Community Development Block Grant (CDBG) Funds in the amount of $148,144 from FY 2024-25 - Dysart Park Improvement project ($105,000) and FY 2024-25 - Banning Senior Center ADA Improvement Project ($43,144) to CDBG FY 25-26, Banning Senior Center ADA Improvement Project #2 ($148,144)
Recommendation: Adopt Resolution 2026-44
Council discussed the use of CDBG funds for park and Senior Center improvements.
Discussion included funding for lightings and electrical upgrades at Dysart Park, potential projects at other parks, and concerns regarding the condition of the Senor Center roof. Staff clarified funding limitations, eligibility requirements, and the need to confirm available funds and project timelines with the County. Council expressed interest in prioritizing eligible improvements and obtaining additional information regarding available funding.
Mayor Royce opened Public Comments.
Amy Pippenger, Banning Resident expressed concerns regarding the use of CDBG funds for Dysart Park, questioning the need and cost of proposed bleachers and emphasizing the park’s prior improvements and revenue-generating potential. She urged the Council to consider improvements, and to review funding priorities and project costs.
Ed Espinoza, Resident of Banning expressed concern regarding the reallocation of funds from Dysart Park to the Senior Center and questioned why funding applications were not renewed before applicable deadlines. He asked whether insurance could cover Senior Center repairs, highlighted Dysart park’s increasing use for community events, raised concerns regarding prior park projects, and asked whether remining lighting funds could later be used for Senior Center improvements.
Juanita Diaz, Resident of Banning expressed concern regarding the reallocation of funds from Dysart Park, stating that grant funds should be used for their originally intended projects. She discussed longstanding park needs, incomplete projects, inconsistent park fees, and the contributions of community volunteers. She urged the Council to maintain planned park improvements and also questioned why needed repairs at the Senior Cener and Community Center had not been addressed either.
Mayor Royce closed Public Comments.
A motion to table this item to allow for further investigation into alternative funding sources was made by Council Member Wallace, seconded by Council Member Miller, and carried by a 5-0 vote.
10.3 Consideration of Resolution 2026- 66, Authorizing the Use of Cooperative Purchasing Agreements for the Procurement of Automobile and Equipment Parts for Five Year Period (FY 2026 - FY 2030) and Authorizing Related Purchasing Actions for an Annual Aggregate of $80,000 per Fiscal Year
Recommendation: Adopt Resolution 2026-66
The Public Works Department requested authorization to use a cooperative purchasing agreement for automobile and equipment parts to streamline procurement and benefit from economies of scale. The agreement would utilize NAPA, O'Reilly Auto Parts, and Parts Authority, with an annual budget not exceeding $80,000. The city's policy of preferring local businesses would be applied, prioritizing Parts Authority and O'Reilly in Banning.
No public comments were received.
A motion to adopt resolution 2026-66 was made by Council Member Wallace, seconded by Mayor Royce, and carried by a 5-0 vote.
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11. ITEMS FOR FUTURE AGENDAS
11.1 NEW ITEMS
11.2 EXISTING ITEMS
1. Emergency Preparedness (Barrington) January 2025
2. Streamline Procurement Policy (Flynn) August 2025
3. Sales Tax Agreement Update with Diamond Chevrolet (Flynn) December 2025
4. Cannabis Warehouse Moratorium (New Facilities Only) (Barrington) December 2025
5. Update Outdated Billboard on Sunset St. (Flynn) January 2026
6. Continue Food Truck Festival (Barrington) January 2026
7. Maintenance and replacement of street signs. (Flynn) March 2026 Council Members requested the following items for future discussion:
Council Member Flynn requested to change the name of the armory from "Arthur R. Welch Armory" back to "The Armory".
Council Member Miller requested a discussion on a moratorium for cannabis and smoke shops.
Mayor Pro Tem Barrington noted that a moratorium on cannabis dispensaries is legislated by law, but smoke shops could be discussed. This item was added to the future agenda pending research by staff.
12. ADJOURNMENT
Council Member Miller motioned to adjourn, Seconded by Mayor Pro Tem Barrington – Motion passed 5-0.
The meeting adjourned at 8:37 p.m.
Minutes prepared by:
Sandra B. Calderon
Deputy City Clerk
These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2).
The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/311?view_id=1&redirect=true 20 MINUTES
CITY COUNCIL – REGULAR MEETING
August 25, 2026
1. CALL TO ORDER – 5:11 p.m.
1.1 INVOCATION
Pastor Nate Rodriguez of Infinite Center Church delivered the invocation.
1.2 PLEDGE OF ALLEGIANCE
Council Member Miller led the Pledge of Allegiance.
1.3 ROLL CALL
COUNCIL MEMBERS PRESENT: Mayor Richard Royce
Mayor Pro Tem Cindy Barrington
Council Member Leroy Miller
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: Council Member Sheri Flynn
OTHERS PRESENT: Elizabeth Gibbs, City Manager
Phaedra Norton, City Attorney
Vickie Sellers, City Clerk
Sandra Calderon, Deputy City Clerk
Art Vela, Public Works Director
Ralph Wright, Parks and Recreation Director
Brandon Smith, Acting Police Chief
Marisol Lopez, Economic Development Manager
Jennifer Terry, Finance Director
Nate Smith, Deputy Director of Public Works / City Engineer Lisa Rossi, Human Resources Director
Matthew Bassi, Interim Community Development Director
Eric Brown, IT Manager
Kristine Gutierrez, Code Enforcement Supervisor
2. AGENDA APPROVAL
2.1 AGENDA APPROVAL
Mayor Royce requested that Item 5.3.1, Banning Youth Council Appointments, be considered immediately after the report on Closed Session.
MOTION
Council Member Royce moved and Mayor Pro Tem Barrington seconded a motion to approve the agenda as amended. The motion carried 4‑0, with Council Member Flynn absent.
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2 3. PRESENTATIONS
There were no presentations.
4. REPORT ON CLOSED SESSION
Phaedra Norton, City Attorney, reported that the City Council met in Closed Session on Items 3.1, 3.2,
3.3, and 3.4 and took no reportable action.
5.3.1 Banning Youth Council Appointments
Recommendation: Appoint five applicants to the Banning Youth Council.
This item was considered out of order following Item 4. The Council clarified that four appointments were before it. No public comments were received, and Mayor Royce closed public comment at 5:15 p.m.
MOTION
Council Member Wallace moved and Mayor Pro Tem Barrington seconded a motion to appoint Xochitl Hernandez, Nathaly Spindola-Santos, Daniel Garcia, and Emma Pennington to the Banning Youth Council. The motion carried 4‑0-1, with Council Member Flynn absent.
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS
5.1 PUBLIC COMMENTS
Kevin Saunders, Blue Zones Project, announced recognition of Nosotros Cafe as a Blue Zones approved restaurant and the Boys & Girls Clubs of the San Gorgonio Pass as an approved worksite. He reported on the farmers market and a new community garden in east Banning and invited the community to a Connect Cafe event on August 27.
Frank Burgess. questioned development impact fee credits and waivers associated with the TriPointe development near Highland Springs Avenue and Wilson Street. The speaker asked staff to verify the number of homes subject to the fees and whether the City had received the payments it was owed.
Bill Lamb, Gilman Ranch Hands, discussed the history of the Stagecoach Days Association and the City’s previous support for the event. He acknowledged the City’s financial limitations but requested continued waivers for City services, including street closures and police support. He also urged the City to restore the “Stagecoach Town USA” identity and recognize its local history.
Jerry Phelps requested an update on the Banning Point project behind Albertsons, including the status of permits and outstanding requirements. He also questioned the City’s legal expenses.
Richard McCard requested clarification about Banning Point and NorthPoint development proposals and opposed warehouse development. He expressed concern about traffic, long-term land use impacts, and the effect on the City’s appeal to residents and visitors.
A Banning resident opposed the proposed reductions in Parks and Recreation, Senior Center, daycamp, aquatics, and park improvement services. The speaker described these services as essential to community life and expressed concern about proposed reductions affecting police and homeless services.
Carrie Lozano urged the Council to find alternatives to reducing recreation services. She discussed her family’s participation in youth sports and volunteer coaching, asked for better communication 22 City of Banning
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3 about City finances and budget workshops, and encouraged the City to seek additional resources and community participation.
Faith Banuelos, Banning Youth Council, urged the Council to consider the effect of recreation reductions on children and families. She described the value of sports, camps, community events, and safe public spaces and asked the Council to explore restructuring, grants, partnerships, and protection of core services before eliminating programs.
Sasha suggested grants, volunteer programs, sponsorship of children and seniors, employee furloughs, energy savings, reduced operating hours, partnerships, sale of unused assets, and consolidation of duties. She encouraged the City to consider reductions at higher salary levels and alternatives to closing recreation programs.
Richard Rutherford questioned how development choices were made and requested comparisons of revenues and employment generated by warehouses, retail, housing, and retirement communities. He opposed rapid reductions in public safety and youth programs, suggested a longer recovery period, and requested consideration of downstream drainage and erosion impacts from development.
Mason Patterson, Stagecoach Days Association, speaking via Zoom, described the event’s reliance on volunteers, donations, and affordable ticket prices. He stated the cost of City services, including street closures and police support, threatened the event’s financial viability and requested continued in-kind support and fee waivers.
Maria Ramirez described her family’s participation in martial arts, swimming, soccer, and recreation trips. She opposed closing the Community Center and Senior Center and emphasized the programs’ contributions to health, safety, and connections among neighbors.
A dance instructor described the Community Center’s role in providing accessible dance education and a safe place to teach. She requested continued support for arts programming and emphasized the effect of recreation, aquatics, and senior services on mental health and quality of life.
Elizabeth, a lifelong Banning resident, discussed her family’s participation in youth programs and the Stagecoach Days Parade. She urged the Council to consider reduced hours and other alternatives to closing facilities and emphasized the importance of supporting children and seniors.
With no further speakers, Mayor Royce closed public comment at 5:57 p.m. The Council requested staff responses to the questions raised before proceeding with the remaining reports.
City Manager, Elizabeth Gibbs stated Banning Point was the subject of litigation and could not be discussed publicly. She explained that legal expenses reflected the City’s litigation workload and that the City Attorney firm’s rates were comparable to those of other municipal firms. Ms. Gibbs and Ralph Wright, Parks and Recreation Director, discussed the existing Stagecoach Days memorandum of understanding and prior provisions for fee waivers, in-kind services, bleachers, and event sponsorship. Staff would review the history of those agreements and verify the permits and impact fees associated with the Atwell/Tri Pointe development.
Ms. Gibbs explained that sales and use tax revenues depended on the activities conducted within commercial and warehouse buildings and that fulfillment centers could generate substantial revenue. She discussed retail businesses, the limited portion of residential property taxes allocated to the City, and additional revenues associated with applicable community facilities districts.
Mayor Royce stated no budget reductions had been adopted and encouraged residents to attend the August 26 workshop. He requested community participation in identifying sustainable funding 23 City of Banning
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4 and supported review of separate resident and nonresident fees for recreation services. He also requested a future discussion of restoring the “Stagecoach Town USA” identity.
5.2 CORRESPONDENCE
No correspondence was reported.
5.3 APPOINTMENTS
Item 5.3.1 was considered following Item 4, as noted above.
5.4 CITY COUNCIL COMMITTEE REPORTS
Committee reports and Council announcements were considered together.
Council Member Wallace reported on the Western Riverside County Regional Conservation Authority budget, planned habitat acquisitions and land donations, mitigation fees, grants, and other revenue sources. She also discussed regional transportation, border-area planning, flooding, climate resilience, and collaboration with Caltrans and regional agencies.
Council Member Miller reported on Riverside Transit Agency Budget and Finance Committee activities, adoption of the agency’s budget, and purchases of buses and Dial-A-Ride vehicles. He discussed the T-NOW meeting and the Comprehensive Operations Analysis and encouraged public input regarding transit routes. He supported a more direct connection from Banning to college campuses and other destinations in Riverside. He also attended the Blue Zones recognition at Nosotros Cafe and the Riverside County Division of the League of California Cities meeting.
Mayor Pro Tem Barrington reported attending two animal-control meetings, including a tour of Yucaipa Animal Placement Society; an airport subcommittee meeting; the Blue Zones recognition at Nosotros Cafe; a Cal Cities meeting in Wildomar; and the two prior budget workshops. She also assisted with the monthly produce distribution sponsored by the County Supervisor.
Mayor Royce reported attending the Wildomar event, the Blue Zones recognition, and the prior budget workshops. He encouraged attendance at the August 26 budget workshop.
5.5 ANNOUNCEMENTS OF CITY COUNCIL MEMBERS
Announcements were provided with the committee reports.
5.6 CITY TREASURER’S REPORT
Sue Savage, City Treasurer, reported on the City’s financial position as of July 31, 2026, based on the bank statements available to her. She reported approximately $66 million in total cash and investments, an increase of approximately $6.9 million over the prior year, with unrestricted cash increasing approximately $14.3 million and restricted cash decreasing approximately $7.4 million.
She discussed payroll and employee charge-card expenditures, stated July expenditures exceeded receipts by approximately $459,000, and reported approximately $57.3 million in outstanding bond debt. Ms. Savage expressed concern about legal expenditures, requested month-end statements for every City account, and stated her written report was available in the room.
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5 5.7 CITY MANAGER’S REPORT
Elizabeth Gibbs, City Manager, reminded the public of the August 26 budget workshop at 4:00 p.m.
She explained that, for an example home valued at $411,599, approximately $329 of the onepercent ad valorem property tax would be allocated to the City.
In response to Council questions about legal expenses, Ms. Norton stated at least three pending cases were not covered by insurance and discussed two environmental cases and a possible process for developers to advance defense costs. She explained the City’s self-insured retentions and the City Attorney’s responsibilities for litigation, contracts, labor negotiations, personnel matters, agenda review, and code enforcement. She stated the Treasurer’s lawsuit was not covered under the insurance information received to date, while staff continued to investigate other possible coverage. Council Member Miller asked about disclosure of attorney invoices, and staff confirmed the invoices were included on the monthly consent calendar.
5.8 CITY ATTORNEY’S REPORT
Phaedra Norton, City Attorney, reviewed the rules of order and decorum in the Council’s Manual of Procedural Guidelines. She discussed the presiding officer’s authority, recognition and interruption of speakers, courtesy among Council Members, staff, and the public, and the requirement to address remarks and questions to the presiding officer.
6. CONSENT ITEMS
Council Member Wallace requested separate consideration of Items 6.2 and 6.4. Mayor Pro Tem Barrington requested separate consideration of Items 6.11 and 6.12. The Council first considered the remaining consent items.
Frank Connolly addressed Items 6.6 and 6.13. He requested access to legal invoices associated with the Treasurer’s lawsuit and asked whether the proposed traffic signal work included an improved street-name sign at Highland Springs Avenue and Ramsey Street.
Ms. Savage addressed Items 6.6, 6.9, and 6.10. She questioned the scope of the City Attorney invoice report compared with payments to other attorneys and expressed concern about legal expenditures relative to the budget. She also requested clarification of the petty cash amounts reported in the cash and investment reports and quoted an earlier email regarding petty cash at the Community Center and Senior Center.
Art Vela, Public Works Director, stated the traffic signal design project included replacement of the street-name sign and an alternate bid for an illuminated sign, subject to available funding. Jennifer Terry, Finance Director, stated the City held $4,055 in petty cash across departments, including $1,105 within the General Fund. Ms. Gibbs clarified that her earlier email addressed the specific recreation and senior-center accounts requested, rather than all City petty cash. With no further comments, public comment was closed at 6:37 p.m.
Ms. Norton clarified that SBEMP provided City Attorney services and other legal work and that the City also retained law firms for specialized matters. She explained that multiple invoices and client numbers within the SBEMP billing distinguished the matters handled by the firm. 25 City of Banning
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6 6.1 Consideration and Approval of City Council Meeting Minutes Recommendation: Approve the minutes of January 13, January 27 regular and closed session, February 5 closed session, February 10 regular and workshop, May 12, and May 14 workshop, 2026.
6.3 Receive and File Code Enforcement Statistics for June and July 2026 Recommendation: Receive and file.
6.5 Receive and File Animal Control Statistics for June and July 2026 Recommendation: Receive and file.
6.6 Approval of City Attorney Invoices for July 2026
Recommendation: Approve the July 2026 invoices in the amount of $124,916.70.
6.7 Parks and Recreation Report of Monthly Activities through the Fourth Quarter of Fiscal Year 2025/2026
Recommendation: Receive and file.
6.8 Public Works Capital Improvement Project Tracking List Recommendation: Receive and file.
6.9 Receive and File the Combined Cash and Investments Report for September 2025 through June 2026
Recommendation: Receive and file in accordance with Government Code Section 53607.
6.10 Receive and File Accounts Payable and Payroll Warrants Issued in April 2026 Recommendation: Receive and file.
6.13 Resolution 2026-119 – Amendment No. 2 to the Professional Services Agreement with STC Traffic, Inc. for Traffic Signal Hardware Upgrades at 17 Intersections Recommendation: Approve Resolution 2026-119, extending the agreement term to March 31, 2027.
6.14 Resolution 2026-121 – SCAG Sustainable Communities Program, Banning Two-Way Cycle Track Safety Project
Recommendation: Adopt Resolution 2026-121, authorizing the City Manager or her designee to execute the memorandum of understanding and related grant documents with the Southern California Association of Governments.
MOTION
Council Member Wallace moved and Council Member Wallace seconded a motion to approve Consent Calendar Items 6.1, 6.3, 6.5, 6.7, 6.8, 6.9, 6.10, 6.13, and 6.14. The motion carried 4‑0-1, with Council Member Flynn absent.
6.2 Receive and File Fire Protection Services Statistics for June and July 2026 Recommendation: Receive and file.
Council Member Wallace asked about the relationship between incident statistics and actual fire-services costs. Ms. Gibbs explained that the City paid for staffing and related costs at Station 89 and a portion of Station 20, rather than paying a separate charge per incident. She reviewed the June call statistics. No public comments were received.
MOTION
Council Member Wallace moved and Mayor Pro Tem Barrington seconded a motion to receive and file Item 6.2. The motion carried 4‑0, with Council Member Flynn absent. 26 City of Banning
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7 6.4 Receive and File Police Department Statistics for June and July 2026 Recommendation: Receive and file.
Council Member Wallace asked how proposed staffing reductions would affect Police Department operations. Brandon Smith, Acting Police Chief, explained that administrative duties would need to be redistributed to sworn staff, reducing supervisors’ field availability or increasing overtime. He described patrol staffing, support from the detective bureau, and the coverage provided by the two homeless liaison officers. He stated he would obtain the case-clearance information requested for the budget discussion.
Edward Espinosa asked whether the homeless liaison positions were grant-funded and whether they would remain dedicated to that work or be reassigned to patrol. No other public comments were received.
Acting Chief Smith stated the homeless liaison positions were not grant-funded and could be reassigned to patrol if staffing needs required. He discussed the demand for homeless-related calls, coordination with code enforcement on encampments, and the effect on regular patrol workload. He also described the reassignment of a trained motor officer to fill supervisory needs and the goal of returning that officer to traffic duties. Ms. Norton reminded the Council that labor impacts would be addressed through the negotiation process.
MOTION
Council Member Wallace moved and Council Member Royce seconded a motion to receive and file Item 6.4. The motion carried 4-0-1, Council Member Flynn absent.
The Council recessed following Item 6.4 and reconvened to continue the remaining Consent Calendar items.
6.11 Resolution 2026-114 – Retroactive Approval of the Appointment of Retired Annuitant Michelle Green as Extra Help
Recommendation: Adopt Resolution 2026-114.
Mayor Pro Tem Barrington asked how the omission of an open-session appointment had been discovered and whether retroactive approval would create additional liability. Staff stated CalPERS requested documentation, staff could not locate an approving resolution, and CalPERS had agreed to waive the additional charges associated with the omission upon receipt of the resolution. Staff confirmed that subsequent retired-annuitant appointments had been brought to open session. Ms. Norton clarified that normal pension-related obligations remained, but the proposed action did not create additional liability. No public comments were received.
MOTION
Council Member Royce moved and Mayor Pro Tem Barrington seconded a motion to accept and file Item 6.11 concerning Resolution 2026-114. The motion carried 4‑0-1, with Council Member Flynn absent.
6.12 Resolution 2026-117 – Amendment No. 2 to the Reimbursement Agreement with SFPP, L.P. for Pipeline Relocation Associated with the Sun Lakes Boulevard Extension Project Recommendation: Approve Resolution 2026-117, authorizing the City Manager to execute Amendment No. 2.
Mayor Pro Tem Barrington asked whether the additional $117,395.50 would be reimbursable without General Fund exposure. Nate Smith, Deputy Director of Public Works and City Engineer, stated the utility-relocation costs were eligible for reimbursement under the project’s regional funding arrangements.
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8 Mr. Smith presented a project update covering the culvert concrete pours, retaining-wall footing, drainage construction, roadway fill, and anticipated pipeline relocation. He reported approximately $33.5 million in reimbursable regional funding, additional development impact fee and Measure A resources, and an estimated total project cost of approximately $34.5 million including contingencies. Staff would continue seeking savings. Completion remained anticipated for fall 2027.
Frank Connolly asked who would perform the pipeline work and whether the City was protected from liability. Mr. Smith stated Kinder Morgan would perform the work through its own forces or contractor and would be responsible for that work. He also explained that the City’s roadway contractor was required to indemnify the City and maintain appropriate insurance for damage associated with the roadway construction.
MOTION
Council Member Wallace moved and Council Member Royce seconded a motion to approve Item 6.12, Resolution 2026-117. The motion carried 4‑0-1, with Council Member Flynn absent.
7. PUBLIC HEARINGS
7.1 Compliance with Assembly Bill 2561/Government Code Section 3502.3 Regarding Vacancies, Recruitment, and Retention Efforts
Recommendation: Conduct a public hearing on workforce vacancies, recruitment, and retention efforts in accordance with Assembly Bill 2561.
Lisa Rossi, Human Resources Director, presented the annual workforce vacancy, recruitment, and retention report. She reported 230 budgeted positions, including seven elected positions, and explained that the analysis covered 223 non-elected positions. She reviewed 27 vacancies and the reported overall vacancy rate of 15 percent for Fiscal Year 2025-26, the results by bargaining unit, and the higher vacancy rate in the Police Management Association. Ms. Rossi described recruitment planning, advertising, screening, interviews, background checks, probation, compensation considerations, and challenges filling engineering and public-safety classifications.
In response to Council questions, Ms. Rossi distinguished elected positions from the employee positions included in the report and clarified the use of full-time equivalents. Mayor Royce opened the public hearing at 7:29 p.m.
John Baca, IBEW representative, asked how the recruitment and retention requirements related to the proposed layoffs and requested more information about the City’s efforts beyond the vacancy percentages. With no further comments, Mayor Royce closed the public hearing at 7:31 p.m.
Ms. Rossi discussed targeted recruitment through professional organizations and job boards, retention as a subject of labor negotiations, employee benefits and assistance programs, and potential wellness activities with Blue Zones. She stated staff would continue seeking practical, low-cost resources to support employees during the fiscal recovery.
MOTION
Council Member Royce moved and Mayor Pro Tem Barrington seconded a motion to approve staff’s recommendation. The motion carried 4‑0-1, with Council Member Flynn absent. 28 City of Banning
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9 8. DISCUSSION ITEMS
8.1 Urgency Ordinance No. 1625 – Establishing a Moratorium on Cannabis Cultivation Warehouses, Manufacturing, and Testing
Recommendation: Adopt Urgency Ordinance No. 1625, imposing a temporary moratorium on applications and approvals for specified industrial cannabis activities and facilities.
Matthew Bassi, Interim Community Development Director, presented the proposed 45-day moratorium and discussed a possible extension and subsequent Municipal Code amendments. He stated the proposal would not affect existing approved cannabis businesses or retail cannabis applications. Council Members asked about existing permitted and operating facilities and the number of affirmative votes required for adoption.
A speaker asked for clarification of the number and status of cannabis facilities, including a facility on Gallagher Way. Staff and Council Members discussed the distinction between permitted facilities and businesses currently operating.
Mr. Bassi requested correction of Section 2.C of the draft ordinance to remove the incorrect reference to the Beaumont Municipal Code and the reference to Section 5.35.010. He stated a marked copy had been provided to the Council and requested that any motion include the correction. No additional public comments were received.
MOTION
Mayor Pro Tem Barrington moved and Council Member Royce seconded a motion to adopt Urgency Ordinance No. 1625. The vote was 3‑1-1, Council Member Wallace dissenting, and Council Member Flynn absent. The motion failed because four affirmative votes were required.
8.2 Resolution 2026-110 – New IBM Server, CentralSquare Naviline ERP Upgrade, and Citywide Business Process Review and System Re-Implementation
Recommendation: Adopt Resolution 2026-110.
Art Vela, Public Works Director, presented the proposal to replace the unsupported IBM server, migrate the existing system, and conduct a citywide business process review and reimplementation. He explained that the server could no longer support the operating system and software versions required for the current Naviline release. He compared the on-premises and cloud options and stated the cloud option would add approximately $80,000 in annual costs.
Mr. Vela reported a total project cost of $133,361.39, consisting of $55,321.39 for hardware, $8,200 for installation and migration, and $69,840 for the business process review and re-implementation.
Funding would come from the Information Systems Services Fund, Fund 703. The hardware installation and software upgrade were anticipated in December, followed by the business process review.
Council Member Miller emphasized the need for staff to be fully trained and for the City to retain employees able to troubleshoot the system. Council Members asked about the sequence of upgrades, department training, and safeguards against repeating prior utility-billing problems. Mr.
Vela distinguished the Naviline upgrade from the earlier Milsoft implementation and explained that the review would address inefficient workflows and lost institutional knowledge.
Mr. Vela and Eric Brown, IT Manager, explained that IT would coordinate the hardware, installation, migration, vendor work, and training. Staff discussed phased upgrades, weekend work to limit disruption, testing and backups, departmental training, and use of release notes. Mayor Royce encouraged access to a practice environment or another agency’s current system before implementation, and staff agreed to explore those options with the vendor. Ms. Gibbs stated IT had 29 City of Banning
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10 been moved under the City Manager and that Mr. Brown participated in executive-team meetings.
No public comments were received.
MOTION
Mayor Pro Tem Barrington moved and Council Member Wallace seconded a motion to approve Resolution 2026-110, authorizing the new IBM server, required installation services, and citywide Naviline business process review and re-implementation. The motion carried 4‑0-1, Council Member Flynn absent.
8.3 Informational Update – Existing Vacant Property Registration and Enforcement Framework under Banning Municipal Code Chapter 8.12 and Ordinance No. 1589 Recommendation: Receive the report, discuss the information presented, and provide direction to staff as deemed appropriate.
Marisol Lopez, Economic Development Manager, and Kristine Gutierrez, Code Enforcement Supervisor, presented the existing vacant-property registration and maintenance requirements.
They discussed the $75 annual registration fee, the registration triggers, and the application of Ordinance No. 1589 to residential, commercial, industrial, and mixed-use properties. Staff stated no new tax, fee, ordinance, or enforcement program was proposed for adoption.
Staff reported that enforcement was primarily reactive, a complete registry was not maintained, required six-month inspections were not being completed, and inspections were approximately nine months behind because of workload and staffing. Vacant-property fee collections were not separately tracked. Ms. Gutierrez reported 22 notices in 2024, 33 in 2025, and an updated total of 55 in 2026 and discussed establishing a separate general ledger account to track collections. Ms.
Lopez reviewed comparison jurisdictions and the downtown property inventory, including available sale and lease information.
Staff demonstrated the online code-enforcement reporting form and discussed public reporting, field identification of vacant properties, and coordination among code enforcement and Police Department staff. Council Members asked about repeated notices, accumulated citations, liens, properties advertised for sale over extended periods, and the point at which matters were referred for legal action. Staff discussed the $20,000 administrative threshold and the need to balance legal costs against recoverable amounts. The Council suggested considering both accumulated penalties and the length of time a property had remained vacant.
Council Members also asked about residential nuisance conditions, refuse, and animal issues.
Staff described the use of code-enforcement and animal-control cases. The Council requested additional enforcement options and improved tracking of vacant-property revenues. Discussion of a possible vacancy tax was deferred in favor of evaluating existing remedies, notices, thresholds, and other enforcement tools.
A speaker suggested requiring owners who lived outside the area to retain a nearby property manager and urged greater accountability for property maintenance and utility payments. Following public comment, the Council supported further work on enforcement options, and staff stated another item would be brought back. No new vacancy tax or ordinance was adopted.
8.4 Professional Services Agreements for On-Call/As-Needed CEQA/NEPA Services Recommendation: Authorize the City Manager to execute professional services agreements for on-call CEQA/NEPA services with PlaceWorks, Inc.; Albert Webb & Associates; Environmental Planning Development Solutions, Inc.; Kimley-Horn, Inc.; and Michael Baker International, Inc.
Mr. Bassi requested authorization to add five environmental consulting firms to the existing roster.
He explained that some firms already on the list were working directly for developers and could not perform the City’s independent peer review for the same projects. He described the request-for30 City of Banning
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11 proposals process and the additional flexibility the expanded roster would provide. Future projectspecific agreements would establish the scope and budget, include the City’s 15-percent administrative overhead and applicable legal review costs, and be funded by the applicant. No public comments were received.
MOTION
Council Member Wallace moved and Mayor Pro Tem Barrington seconded a motion to authorize the City Manager to execute the five professional services agreements with PlaceWorks, Inc.; Albert Webb & Associates; Environmental Planning Development Solutions, Inc.; Kimley-Horn, Inc.; and Michael Baker International, Inc. The motion carried 4‑0-1, with Council Member Flynn absent.
8.5 Resolution 2026-02UA – Professional Services Agreement with Water Resources Economics, LLC for the 2027 Water and Wastewater Rate Study
Recommendation: Adopt Resolution 2026-02UA, approving the agreement in the amount of $108,805.
Mr. Vela presented the proposed rate-study agreement. He explained that the existing five-year rate schedule adopted in 2022 extended through January 1, 2027, and that a new study would evaluate the financial condition and revenue requirements of the water and wastewater utilities, including operations, water purchases, treatment, debt service, and capital improvements. He discussed the competitive selection process and stated the agreement would be funded by the Water and Wastewater Operations Funds, without General Fund support.
Council Members asked whether the study would examine the existing consumption tiers and possible agricultural or large-lot classifications. Mr. Vela discussed the relationship between the tiers and indoor and outdoor water-use objectives, the cost-of-service analysis, and the requirement to develop rates that were equitable and legally defensible without shifting one customer group’s costs to others. Staff agreed to examine other communities’ approaches. No public comments were received.
MOTION
Council Member Wallace moved and Council Member Miller seconded a motion to adopt Resolution 2026-02UA, approving the $108,805 professional services agreement with Water Resources Economics, LLC. The motion carried 4‑0-1, with Council Member Flynn absent.
8.6 Resolution 2026-104 – Contract with Clean Energy for the Compressed Natural Gas Fueling Station Maintenance Program
Recommendation: Approve Resolution 2026-104.
Mr. Vela presented the proposed five-year monitoring and maintenance agreement with Clean Energy Fuels Corporation for the City’s CNG fueling station. He reported that the facility was operating and construction was substantially complete. Staff had received one proposal and compared its pricing with similar regional contracts. He described the monthly base and usage charges, annual CPI adjustments capped at five percent, an estimated first-year cost of $146,736, and an estimated five-year value of approximately $978,000. The agreement would be funded through annual RCTC transit grants, with CNG sales and renewable natural gas credits supporting the required local match, and no General Fund contribution.
Council Members asked about the prior gas odor and the emergency-response process. Mr. Vela stated a faulty valve had been replaced and no recent complaints had been received. He described the monitoring and notification system, remaining adjustments to the SCADA alerts, and coordination with the Fire Department to shut down the station when needed. No public comments were received.
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12 MOTION
Council Member Wallace moved and Mayor Pro Tem Barrington seconded a motion to approve Resolution 2026-104, authorizing the CNG fueling station maintenance agreement with Clean Energy. The motion carried 4‑0-1, with Council Member Flynn absent.
The Council recessed following Item 8.6 and reconvened to consider Item 8.7.
8.7 Resolution 2026-122 – Adoption of the City of Banning’s Social Media Policy for Public Officials Recommendation: Adopt Resolution 2026-122.
Ms. Norton presented the revised social media policy following the Council’s May 12 discussion.
She explained the proposed distinction between official and personal accounts, the risks associated with hybrid accounts, and the intent to use official City accounts for one-way public information. She reviewed the state-action test discussed in Lindke v. Freed, restrictions on viewpoint discrimination, and the proposed disabling of public replies on official accounts to the extent supported by each platform.
Ms. Norton discussed the proposed definitions, use of City branding, examples of personal and official content, City Manager oversight, posting of the policy, and consistency with the Council’s existing social media and Brown Act guidelines. She stated that the policy would not change the public’s ability to attend Council meetings, submit public records requests, or communicate through other established channels.
Mayor Pro Tem Barrington asked how the policy would apply to her separately maintained Council Member page. Mayor Royce discussed platform verification requirements and his use of a page to share City announcements with comments disabled. Ms. Norton explained that use of an official title, City information, or branding could raise questions about whether an account was official or hybrid, and that accounts used for official purposes would be subject to the policy’s approval and oversight provisions. No public comments were received.
MOTION
Council Member Miller moved and Council Member Wallace seconded a motion to adopt Resolution 2026-122, approving the City of Banning’s Social Media Policy for Public Officials.
The motion failed 2-2-1, Mayor Royce and Mayor Pro Tem Barrington dissenting, and Council Member Flynn absent.
Following the vote, Mayor Royce stated he supported having a social media policy but considered the proposal too restrictive. He requested revisions and that the item be brought back.
8.8 Resolution 26-113 – Support for the “Our Neighborhood Voices” Ballot Initiative Regarding Local Zoning and Land Use Authority
Recommendation: Adopt Council Resolution No. 26-113 supporting the “Our Neighborhood Voices” Ballot Initiative.
Ms. Gibbs presented the resolution requested by Mayor Royce. She described the proposed constitutional initiative and the organization’s position that local jurisdictions should retain authority over zoning and land use. She stated that, if adopted, the City’s resolution would be forwarded to the appropriate parties. Mayor Royce and Council Members discussed concerns about state housing mandates, regional housing allocations, development impacts, and the loss of local decision-making authority.
A speaker urged the Council also to oppose Assembly Bill 2561, referring to the workforce-vacancy hearing under Item 7.1, and criticized the cost of state reporting requirements. No other public comments were received.
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13 MOTION
Mayor Pro Tem Barrington moved and Council Member Wallace seconded a motion to adopt Resolution 26-113 supporting the “Our Neighborhood Voices” Ballot Initiative. The motion carried 4‑0-1, with Council Member Flynn absent.
8.9 Discussion and Direction on a Proposed Ordinance Modifying Banning Municipal Code Section
2.04.070 – Appointment of Mayor and Mayor Pro Tem
Recommendation: Discuss and provide direction on preparation of an annual rotation for Mayor and Mayor Pro Tem.
Ms. Gibbs presented the item requested by Mayor Pro Tem Barrington and reviewed the existing December appointment process and approaches used by other cities. She asked whether the Council preferred an ordinance or a policy adopted by resolution, whether to retain the three-vote ratification threshold, how to establish the initial rotation, when in December to make the appointments, and whether to implement the change in December 2026.
Mayor Pro Tem Barrington supported a standardized rotation so each member would have an opportunity to serve. Council Members discussed seniority, district-based elections, staggered terms, the placement of newly elected or reelected members, and moving a member to the bottom of the list after serving as Mayor. The Council discussed holding the appointments at the first meeting in December each year. Ms. Gibbs explained that the City’s second-Tuesday meeting schedule should allow time for election certification.
Ms. Gibbs and Ms. Norton offered to develop proposed language and a workable rotation for Council review. Following an opportunity for public comment, with no comments received, the Council reached consensus to have staff return with language for the Manual of Procedural Guidelines. No ordinance or final rotation schedule was adopted.
9. REPORTS OF OFFICERS
No additional reports were presented.
10. ITEMS FOR FUTURE AGENDAS
10.1 NEW ITEMS
The Council supported a future discussion of Stagecoach Town USA. Staff also confirmed that a revised social media policy would be returned for consideration. Council Members requested clearer treatment of separately maintained Council Member pages, including the effect of platform verification, use of City contact information, and disclaimers. Ms. Norton stated staff would revisit the language to address the concerns while limiting potential liability. The Council requested that the item be placed earlier on the agenda.
10.2 EXISTING ITEMS
The Council agreed to remove the Sales Tax Agreement Update with Diamond Chevrolet from the existing future-agenda list as completed. Ms. Gibbs stated the Landscape Standards Review was tentatively scheduled for September 8 and that she would meet with Council Member Wallace regarding the item.
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14 11. ADJOURNMENT
MOTION
Mayor Pro Tem Barrington moved and Council Member Miller seconded a motion to adjourn. The motion carried 4-0-1, Council Member Flynn absent. Mayor Royce adjourned the meeting at 9:30 p.m.
The next regular meeting was scheduled for September 8, 2026.
Minutes prepared by:
Sandra B. Calderon
Deputy City Clerk
These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2).
The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/342?view_id=1&redirect=true 34 MINUTES
ADJOURNED CITY COUNCIL – SPECIAL MEETING (WORKSHOP)
August 26, 2026
1. CALL TO ORDER – 4:22 p.m.
COUNCIL MEMBERS PRESENT: Mayor Richard Royce
Mayor Pro Tem Cindy Barrington
Council Member Sheri Flynn
Council Member Leroy Miller
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Phaedra Norton, City Attorney
Elizabeth Gibbs, City Manager
Art Vela, Public Works Director
Ralph Wright, Parks and Recreation Director
Vickie Sellers, City Clerk
Sandra Calderon, Deputy City Clerk
Jennifer Terry, Finance Director
2. WORKSHOP
2.1 Continuation of the Fiscal Year 2026-27 Proposed Operating Budget – Workshop Presentation and Discussion
Recommendation: Receive and file the presentation of the proposed Fiscal Year 2026-27 Operating Budget; review the proposed General Fund, Special Revenue, Enterprise, and Internal Service budgets; provide direction regarding budget priorities, service levels, and requested adjustments; and direct staff to schedule the proposed budget for a public hearing and consideration of adoption at a regularly scheduled City Council meeting in September.
Elizabeth Gibbs, City Manager, recapped the August 18 and August 20 budget workshops and presented proposed revisions to the revenue forecast and departmental organization. She stated the revisions responded to Council and public concerns regarding the proposed elimination of recreation services. She explained that the original proposal had been prepared to meet the Council's direction to present a balanced budget and that Council acceptance of the revised revenue assumptions would be necessary to support the proposed restoration of services. She advised that some documents in the budget binders and online materials had changed and that updated handouts would be provided.
Ms. Gibbs proposed recognizing the remaining Waste Management franchise-fee payment over two fiscal years instead of the three-year period discussed at the prior workshops. The revised allocation would provide approximately $1.742 million in Fiscal Year 2026-27 and $1.742 million in Fiscal Year 2027-28, adding approximately $600,000 to the current proposal. She emphasized that the funds would be exhausted on June 30, 2028, and described the proposal as a transitional budget requiring future revenue solutions.
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2 Ms. Gibbs also proposed reducing the budgeted cost of fire services by $300,000 based on the ten-year average difference between estimated costs and actual expenditures. She cautioned that the savings were not guaranteed and that the City would need to cover the difference if actual costs reached the full estimate. In response to Council questions, staff reviewed recent expenditure figures, explained that some years had exceeded the estimate, and clarified that the proposed reduction used a blended historical average. Staff also explained that the fire-services agreement reimbursed staffing and related operating costs rather than charging a separate fee for each call.
Ms. Gibbs stated the proposed media position would be retained and placed under Information Technology, with its costs included in the Internal Service Fund calculations.
Council Member Wallace asked about the $3 million Sunset Crossroads advance and whether it could be used to preserve employees and community services. Council Member Flynn asked when the funds could be released. Staff reviewed the development agreement and stated the release was due 60 days after the agreement's effective date. Ms. Gibbs stated any allocation of the funds would require a future Council decision and cautioned that her response did not express a position on the pending referendum.
Ms. Gibbs reviewed the Outdoor Equity Grants Program. She stated the City had received a $655,729 reimbursable grant in October 2022 and began implementation in January 2023. Through December 2025, expenditures totaled approximately $362,873; approximately $94,128 in reimbursement remained outstanding. Approximately $66,000 in additional expenses from January through June 2026 had been incurred, leaving approximately $226,000 available. She explained that the existing award remained available, but the City could not apply for another award under that grant opportunity.
Ms. Gibbs stated eligible program expenditures could be incurred through December 2026, with reimbursement requests and reports due in March. She had asked Ralph Wright, Parks and Recreation Director, to request an extension of the programming period through June 2027. She cautioned that approval was uncertain and might not be received until spring. The grant supported qualifying outdoor trips, community cleanups, tree planting, healthy-living classes, program coordination, transportation, supplies, entry fees, and direct program staffing. It did not fund indoor activities. Staff reported that the program had provided 73 community activity days and 27 trips and served 2,305 people through December 2025. Mr. Wright estimated approximately $93,000 in expenditures for the approved activities through December 2026 and stated an extension would allow additional use of the remaining award.
Ms. Gibbs proposed restoring a Community Services Department combining recreation and public transportation, a structure previously used by the City. The Parks and Recreation Director would be reclassified as Community Services Director, with a portion of the position funded through transit. She explained the connection between Senior Center services and public transportation, including Dial-A-Ride assistance, bus-pass sales, and helping seniors use available transportation services. An office specialist already assisting transit callers would report to the director. The transit manager and operations structure would remain, and a new transit management analyst was proposed to assist with technical reporting, financial work, grants, and operational analysis.
Under the proposed recreation organization, the Senior Center program coordinator would be funded through the General Fund and the recreation program coordinator would be supported by the Outdoor Equity grant. Ms. Gibbs clarified that each program coordinator would be supported by two half-time recreation leaders, for one full-time equivalent under each coordinator. She cautioned that continued funding for the grant-supported coordinator would be needed after the grant expired. The proposal restored six full-time equivalent recreation positions compared with the prior proposal; it did not include aquatics.
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3 Ms. Gibbs reported that a nonprofit organization had expressed interest in operating the day-camp program through a partnership with the City. The concept would allow the organization to use City facilities and assume responsibility for program revenues, expenses, and liability under an agreement. Planning and funding would be required before implementation. In response to Council questions about employees, staff clarified that day-camp staffing was primarily seasonal and that any employment of existing staff by the nonprofit would be subject to the nonprofit's hiring decisions. Staff distinguished the day-camp program from year-round recreation staffing.
In response to questions about additional grants, Ms. Gibbs stated the City could continue seeking grants but cautioned against relying on restricted, temporary grants to operate an entire department. She proposed retaining Fleet under Public Works and stated she would return to the Council with a proposed Fleet Manager position during consideration of the Internal Service Fund budgets. She also emphasized that the proposed service model would require volunteers and stated a volunteer program was being developed.
Council Members asked about the new management analyst position, its duties, and opportunities for existing employees. Ms. Gibbs stated the position could assist with staff reports, spreadsheets, invoices, financial analysis, grants, and the short-range transit plan and would be opened internally.
She discussed anticipated growth in transit operations and the expected contribution of CNG station revenues to farebox recovery requirements.
Ms. Gibbs stated the revised revenue assumptions and service proposal would leave approximately $171,000 unallocated. Council Member Wallace asked what would happen to employees whose positions were not included. Ms. Gibbs explained that applicable labor agreements, seniority, qualifications, transfer opportunities, and bumping rights would be considered after budget adoption and that labor negotiations remained necessary. She stated staff would seek to retain employees where possible, while clarifying that not every position was proposed for retention.
Council Member Flynn asked about restoring code enforcement capacity. Staff discussed a Police Department community services officer position that could provide some code enforcement support and clarified that this position also had been proposed for elimination. Ms. Gibbs cautioned that restoring a position with the available balance would rely on one-time funding. As an alternative, she suggested leaving the approximately $171,000 unallocated for unforeseen expenses, noting the City's limited reserves.
The Council also discussed aquatics funding, potential grants, and user fees. Ms. Gibbs estimated annual pool operating costs at approximately $500,000 and explained that operating the water slide required additional lifeguards. Closing the slide was discussed as a potential cost reduction.
Council Members suggested reviewing pool fees, including separate resident and nonresident rates. Staff reiterated that the proposed Community Services structure did not restore aquatics funding.
3. PUBLIC COMMENTS – AGENDA ITEMS ONLY
Mayor Royce opened public comment at 5:09 p.m. and invited comments on the current presentation and the prior two budget workshops, with five minutes allotted to each speaker.
Cheryce Cobbs urged the Council to retain youth recreation staff and programs, emphasizing the role of sports, trusted coaches, and community activities in providing children with safe places to learn and belong.
Frank Connolly questioned the effect of accelerating the franchise-fee revenue, the assumptions behind the proposed fire-services reduction, and the allocation of transit funds to staff positions. 37 City of Banning
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4 He distinguished day camp from daycare, suggested aquatics might need to close temporarily if funding could not be sustained, and thanked staff for their work.
Shane Sissons, a Beaumont resident and municipal employee, described his experience with budget reductions and employee concessions. He encouraged cooperation, internal employment opportunities, and volunteer participation to preserve services and support the City Manager’s efforts.
Lisa urged the Council to retain youth sports and recreation staff, described the positive influence of coaches on children, and asked the City to consider reductions in other departments and limits on raises and promotions.
Estelle Kunter, a former parks and recreation commissioner in another city, opposed eliminating the Senior Center and community recreation services. She described the value of senior activities, youth sports, parks, and community events and encouraged Council Members to seek residents’ priorities through meetings and outreach.
A speaker urged greater accountability in City management, meaningful attention to residents’ concerns, and a change in the organization’s approach to spending. The speaker cautioned that temporary revenues would not resolve the City’s long-term financial problems and urged continued community involvement.
Edward Espinosa thanked the Council for its efforts to address the City’s finances and improve transparency. He discussed prior financial decisions, the pending Sunset Crossroads referendum, and possible uses of development revenues for fire services and recreation. He urged the City to preserve services for seniors who did not have access to private community facilities.
John Baca, an IBEW representative, discussed ongoing labor negotiations and opposed employee layoffs. He questioned the continued use of contracted services and outside labor counsel while employees faced reductions, distinguished enterprise-funded utility positions from General Fund operations, and discussed electric rates, employee transfer rights, and the workload of code enforcement, multimedia, and police records staff. He stated the union intended to present alternatives to reduce the impact on employees.
Bob Glabich asked whether portions of the Sunset Crossroads funds designated for debt repayment, animal services, and downtown revitalization could be allocated to other priorities. He also asked about the consequences of using part of the $3 million advance for immediate needs or reserves instead of debt repayment.
John, speaking via Zoom, distinguished a budget balanced through temporary revenues from a structurally balanced budget supported by recurring revenues. He urged the Council to address the concerns raised in the grand jury report and requested information about the ownership, location, condition, and ongoing costs of two 2005 fire engines included in the City’s fire development impact fee study.
Christina Magana thanked the Council and staff for seeking ways to sustain recreation services.
She described the use of charter-school funds for recreation programs and suggested pursuing grants, county and regional partnerships, foundations, tribal organizations, nonprofit organizations, school districts, and private employers. She also discussed grocery-store community contribution programs, shared services, cooperative purchasing, and renegotiation of existing contracts.
Anna Marie Gayanta encouraged cooperation between residents, employees, and the Council and referred to a petition and written ideas submitted to City Hall. Her suggestions included higher nonresident fees; sponsorships and naming rights; a recreation nonprofit; clear identification of program costs and subsidies; shared facilities and joint youth sports; nonprofit operation of 38 City of Banning
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5 facilities; reductions in overhead; state park grants; review of available park and Community Development Block Grant funds; volunteer contributions; a possible local sales-tax measure; and an evaluation of electric-utility options.
A longtime Banning resident described his involvement in City sports and recreation over many years. He emphasized the Senior Center’s importance in providing meals, exercise, activities, and social connections and urged the Council to preserve recreation services.
Marco Santana was called to speak via Zoom but did not provide audible comments before the Council recessed to allow time to address technical difficulties. The Council reconvened at 6:23 p.m. and resumed public comment. No Zoom participants were available when the meeting resumed.
A speaker urged the Council to preserve recreation services for another year by finding reductions elsewhere, consider the future cost of restarting programs, and provide greater transparency regarding litigation expenses and development proposals. She questioned the cost and qualifications for the proposed management analyst position and emphasized the need to rebuild trust between residents and City government.
Ms. Cobbs returned to the podium to ask about school resource officers serving the high school and middle school. Mayor Royce advised that speakers were limited to one opportunity for public comment.
James described the Senior Center’s meals, technology assistance, activities, and social support.
He expressed concern about the City’s lack of reserves, the uncertainty of grants, declining attendance after news of possible closure, and the effect of reducing services for children and older residents.
Mercy Neveretti urged the Council to keep the Senior Center open. She described participants’ appreciation for the staff and the Center’s role in reducing isolation, encouraging activity, and maintaining friendships.
A speaker urged the Council to consider the effect of service reductions on children, seniors, and working families. She encouraged shared sacrifices, consolidation of duties, and consideration of residents’ ideas to sustain community programs.
With no further speakers in the audience or online, Mayor Royce closed public comment at 6:40 p.m.
COUNCIL DISCUSSION AND DIRECTION
In response to questions about the Senior Center staffing proposal, Ralph Wright, Parks and Recreation Director, stated the Center currently had one full-time employee and four recreation leaders. He explained that the proposal would reduce available part-time hours while keeping the Senior Center operational.
Council Members requested an updated report on overdue utility accounts. Ms. Gibbs stated staff would provide the current balance and reiterated that August 31 was the deadline to establish payment plans for back charges. She stated normal delinquency notices, charges, and service shutoffs would resume afterward and encouraged customers to arrange payment plans before the deadline.
Council Member Flynn requested further review of staffing and expenditures in the electric and water operations before reducing community programs. She questioned the extent of the savings proposed for recreation, urged consideration of a resident’s written recommendations, and 39 City of Banning
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6 supported joint-use arrangements with the school district and nonprofit operation of City facilities.
She expressed concern about relying on one-time development funds and the long-term effects of warehouse development.
Mayor Pro Tem Barrington stated the City’s financial difficulties had developed over many years and required ongoing changes. She supported the revised proposal to preserve Senior Center and recreation services and asked how youth sports could continue under the proposed staffing structure. She emphasized that the Council needed to plan within available revenues regardless of the outcome of the Sunset Crossroads referendum and expressed confidence that staff and community participation could help sustain services.
Council Member Miller stated the City’s recovery would take more than one year and emphasized the importance of retaining the Senior Center, recreation programs, and employees where possible. He explained that assigning eligible personnel costs to other funds could reduce pressure on the General Fund. He requested continued consideration of alternatives and additional information and stated that necessary sacrifices should be shared across departments.
Council Member Wallace opposed closing recreation services and laying off employees. She encouraged training and transfers to other departments, new revenue ideas, and cooperation among residents and the Council to preserve youth and senior programs. She stated the financial recovery would require a sustained community effort.
In response to further questions about utility staffing, Ms. Gibbs explained that the electric, water, and wastewater operations were supported by separate restricted funds and that savings in those funds would not directly address the General Fund deficit. She stated the proposed position control list included a reduction in the electric utility’s public benefits analyst position, while water and wastewater staffing remained unchanged. Staff would return for a detailed review of the utility budgets.
The Council discussed retaining the part-time sports coordinator position. Staff estimated the fully loaded annual cost at approximately $27,500. Ms. Gibbs stated the position could be added to the recreation organization, together with the associated projected program revenues, if the Council wished to use part of the approximately $171,000 remaining balance. She cautioned that the available balance was one-time money and that program fees would offset only a limited portion of the cost.
In response to questions about fire equipment, Ms. Gibbs reported that Deputy Chief Pemberton had confirmed that the County owned the fire engine at Station 20. Staff had not yet completed research into the two engines previously owned by the City or their treatment in the development impact fee study and would review the matter further.
Ms. Gibbs reiterated that accelerating use of the Waste Management franchise-fee revenue would exhaust the funds sooner. She also clarified that the attorney representing the City in labor negotiations was a partner of SBEMP, the City’s existing law firm, and that she had discussed that point with Mr. Baca.
At Mayor Royce’s request, Ms. Gibbs reviewed the City’s revenue sources, including property tax, sales and use tax, transient occupancy tax, cannabis taxes, and applicable community facilities district revenues. She explained that sales-tax revenue depended on the type and volume of business conducted, that some fulfillment centers generated substantial sales tax while other warehouses did not, and that only a portion of a homeowner’s property-tax bill went to the City.
She emphasized the importance of a diverse revenue base and cautioned against relying on a single industry or type of development.
40 City of Banning
City Council Minutes
August 26, 2026 Adjourned Special Meeting – Workshop
7 Mayor Royce stated reductions were being considered across City operations and that labor negotiations and further cost reviews were continuing. He emphasized the Council’s direction to balance the budget, the need to reassess revenue assumptions annually, and the goal of keeping services operating rather than closing them and incurring the cost of restarting them later. He thanked the public for participating and stated final budget decisions had not yet been made.
Council Member Flynn again requested exploration of school-district and nonprofit partnerships.
Ms. Gibbs stated a joint-use agreement already covered school facilities, but she was not aware of an agreement for sports or after-school programs and would discuss those possibilities with the superintendent. She identified the Boys & Girls Club as the organization approached about the day-camp program and stated other nonprofit arrangements, including aquatics, could be explored.
She also clarified that the Senior Center meal program was provided through Family Services Association rather than funded directly by the City. She cautioned that new agreements would take time to negotiate.
Mayor Royce supported review of resident and nonresident fees. Ms. Gibbs stated she and the Acting Police Chief were discussing a citizen volunteer patrol program to supplement paid staff and assist with parades, street closures, and community events.
Mayor Royce summarized the proposed direction to accept the revised revenue forecast for preparation of the budget, continue labor negotiations and explore reductions across departments, and look into restoring the part-time sports position. The Council expressed general consensus.
Mayor Pro Tem Barrington thanked Ms. Gibbs and staff for developing a proposal to preserve recreation and Senior Center services. No motion adopting the budget was made.
Ms. Gibbs thanked staff for the work on the revised proposal and stated that the City Manager, executive team, and other unrepresented employees also would participate in concessions and reductions. Mayor Royce thanked employees throughout the City for their efforts.
The Council discussed continuing the workshop to review the Special Revenue, Enterprise, and Internal Service Fund budgets, which had not been reached. Ms. Gibbs advised that the complete budget would not be ready for adoption on September 8 and proposed consideration at the September 22 regular meeting. She stated the continuing appropriation resolution remained in effect through September 30. After reviewing availability, the Council selected September 10 at 4:00 p.m. for the continued workshop.
4. ADJOURNMENT
MOTION
Council Member Wallace moved and Council Member Miller seconded a motion to adjourn the workshop to September 10, 2026, at 4:00 p.m. in the Council Chambers. The motion carried unanimously.
Mayor Royce adjourned the meeting at 7:29 p.m.
Minutes prepared by:
Sandra B. Calderon
Deputy City Clerk
These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2). 41 City of Banning
City Council Minutes
August 26, 2026 Adjourned Special Meeting – Workshop
8 The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/343?view_id=1&redirect=true 42 1
MINUTES
CITY COUNCIL – SPECIAL MEETING (CLOSED SESSION)
SEPTEMBER 22, 2026
1. CALL TO ORDER – 3:00 p.m.
COUNCIL MEMBERS PRESENT: Mayor Richard Royce
Mayor Pro Tem Cindy Barrington
Council Member Leroy Miller
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: Council Member Sheri Flynn
OTHERS PRESENT: Lena Wade, City Attorney
Elizabeth Gibbs, City Manager
Art Vela, Public Works Director
Sandra Calderon, Deputy City Clerk
Council Member Wallace announced that she would recuse herself from the closed session item 3.3 due to having received a campaign contribution from the Morongo Band of Mission Indians.
2. PUBLIC COMMENTS - Agenda Items Only
None.
3. CLOSED SESSION
3.1 CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representative Elizabeth Gibbs or her designee Employee Organizations: International Brotherhood of Electrical Workers- General unit.
International Brotherhood of Electrical Workers – Utilities. Teamsters. Banning Police Officers Association. Banning police management association. Unrepresented Employees: NonManagement Confidential Employees Group; Management Confidential Employees Group as defined in Council Resolution 2024-137.
3.2 CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(d)(2) or (3) Cases: One (1)
3.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8.
Property: Banning Municipal Airport consisting of approximately 232.41 acres comprised of APNs 541-240 -009; 541-250 -009; 541-140-003; 532-150-002; 532-150-003; 532-150- 004; 532- 130 - 012; 532-130-018; 532-130-011; 532-180- 034.
Agency Negotiator: City Manager Elizabeth Gibbs or her designee. 43 City of Banning
City Council Minutes
September 22, 2026 Special Meeting – Closed Session
2 Negotiating Parties: City of Banning as potential Lessor and Industrial Enterprises, LLC as potential Lessee.
Under Negotiations: Price and Terms of proposed ground lease.
Council Members recessed to Closed Session at 3:02 p.m. to discuss the items listed.
The City Council reconvened in open session at 4:53 p.m., all Council Members present and Flynn absent.
4. ADJOURNMENT
MOTION
Council Member Wallace moved and Council Member Miller seconded a motion to adjourn the meeting. The question was called and the motion carried 4-0-1, Flynn absent.
The meeting adjourned at 3:54 p.m., and the City Council continued with its regular meeting agenda.
Minutes prepared by:
Sandra B. Calderon
Deputy City Clerk
These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2).
The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/351?view_id=1&redirect=true 44 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Fred Lyn, Deputy Director of Electric
Art Vela, Director of Public Works
MEETING DATE: October 13, 2026
SUBJECT: Declaration of Nine (9) Used Electric Distribution Transformers as Surplus Property and Authorization for Disposal Through Public Auction in Accordance with Purchasing Policy B-30.
STAFF RECOMMENDATION:
It is recommended that the City Council declare nine (9) used electric distribution transformers as surplus, non operational or scrap equipment. Authorize staff to dispose of the surplus items via the City's online auction platform, in accordance with the Purchasing Policy B-30, Section 18-102 as stated:
Section 18-102 Disposal of Surplus City Property
(1) The method used by departments to dispose of Surplus City Property must be approved and coordinated with the City Purchasing Officer. Internal reuse of Surplus City Property by City departments is the preferred method of disposal.
(2) Disposition Methods – Surplus City Property shall be disposed of in one of the following preferred methods:
a. a. Internal transfer to a claiming department;
b. Sale by City Purchasing Officer;
c. Documented donation of technology and related equipment with a fair market value less than $5,000 per lot to the Department of Education and non-profit organizations; d. Auction (material value);
e. Recycling; and
f. Waste.
BACKGROUND:
The Banning Electric Department is requesting authority to sell nine (9) electric distribution transformers through the City's online auction platform. The items are identified as scrap/non-working and are to be auctioned as surplus. These 9 transformers are the equipment the public sees on utility poles and sitting on pads in the Right of Way. They have served residential and commercial uses in the City and have reached their end of life and are no longer operational.
JUSTIFICATION:
Staff evaluated the condition and usability of the transformers and have deemed them used, non-working and scrap. Retaining them provides no operational value; repair or refurbishment is not economically relative to replacement, and the units are obsolete for current system needs. Auctioning the transformers as surplus allows recovery of value and reduces yard/storage congestion. Disposal through competitive public auction complies with the City's Purchasing Policy B-30 by ensuring transparency and best value. 45 Prior to pickup, the Electric Department will ensure that all oil handling, labeling, and manifests conform to federal/state requirements. Any remaining fluids will be managed per standard utility procedures, and buyers will be advised that items are sold strictly as is, where is, non-operational scrap.
FISCAL IMPACT:
Proceeds from the auction will be deposited into the City’s Electric Fund or other appropriate fund based on original asset assignment.
ATTACHMENTS:
1. Request to Sell City Surplus Items - 8 Pole Transformers
2. Request to Sell City Surplus Items - 1 - 3 Phase Pad Mount Transformer 46 Reference B-30_Last Revision Date 10/17/2019
City Surplus Request Form
Department/Division: ____________________________________________________________________________ Requestor’s Name and Title: __________________________________________________ Ext.: _______________ Please fill out all fields below when requesting to properly sell, donate, or dispose of City surplus. If needed, include descriptions on a separate attachment for multiple items.
1. Requested method of disposition: Sale Donation Disposing of
2. Is this a group of items? Yes No
3. Name of item or group of items: ____________________________________________________
4. Quantity: ____________
5. Description:
6. Where item(s) is located (full address): ______________________________________________
7. Expected reserve price on item(s) (enter starting price if desired): $______________
8. What condition is the item(s) in?
New Used
Working Non-working
9. Is shipping this item(s) to the buyer an option?
Yes No, pick-up only
10. Desired length of time to leave posting up on auction site (minimum 5 business days):
________________
47 Reference B-30_Last Revision Date 10/17/2019
11. Is this item(s) considered a City Asset? Yes No
12. Please attach pictures of the surplus item(s) with this request.
Requestor’s signature: ________________________________________ Date: ________________ Department Head’s signature: _________________________________ Date: _9/15/26_______________ Purchasing Manager’s Signature: _______________________________ Date: _9/15/2026_____ Return this form including item 12 to Barbara Mason at [email protected] Ext. 3121 (For Purchasing Division Use Only)
Auction ID # (assigned by auction site): ________________________________ Auction Open date Auction Close date Date Paid Date Picked-up 48 49
50 Reference B-30_Last Revision Date 10/17/2019
City Surplus Request Form
Department/Division: ____________________________________________________________________________ Requestor’s Name and Title: __________________________________________________ Ext.: _______________ Please fill out all fields below when requesting to properly sell, donate, or dispose of City surplus. If needed, include descriptions on a separate attachment for multiple items.
1. Requested method of disposition: Sale Donation Disposing of
2. Is this a group of items? Yes No
3. Name of item or group of items: ____________________________________________________
4. Quantity: ____________
5. Description:
6. Where item(s) is located (full address): ______________________________________________
7. Expected reserve price on item(s) (enter starting price if desired): $______________
8. What condition is the item(s) in?
New Used
Working Non-working
9. Is shipping this item(s) to the buyer an option?
Yes No, pick-up only
10. Desired length of time to leave posting up on auction site (minimum 5 business days):
________________
51 Reference B-30_Last Revision Date 10/17/2019
11. Is this item(s) considered a City Asset? Yes No
12. Please attach pictures of the surplus item(s) with this request.
Requestor’s signature: ________________________________________ Date: ________________ Department Head’s signature: _________________________________ Date: __7/8/2026________ Purchasing Manager’s Signature: _______________________________ Date: _9/15/2026_________ Return this form including item 12 to Ellen Clifford at [email protected] Ext. 3121 (For Purchasing Division Use Only)
Auction ID # (assigned by auction site): ________________________________ Auction Open date Auction Close date Date Paid Date Picked-up 52 53
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Patrick Safari, Capital Improvement Projects Manager Art Vela, Director of Public Works
MEETING DATE: October 13, 2026
SUBJECT: Public Works Capital Improvement Project Tracking List STAFF RECOMMENDATION:
Receive and file.
BACKGROUND:
To keep the City Council and the public informed of the progress and status of various capital improvement projects, staff has prepared the attached Public Works CIP Tracking List, which will be updated and presented on a monthly basis.
The tracking list includes planning, environmental, design, and construction contracts previously approved by the City Council and/or the City Manager’s Office and currently managed by the Public Works Department.
JUSTIFICATION:
This recurring item is provided to keep the City Council and public apprised of the progress on certain projects.
FISCAL IMPACT:
Not applicable.
ATTACHMENTS:
1. CIP Tracking List_August 2026.pdf
54 Category Project # Project Name Phase % Completed Tasks Completed Current Tasks Future Tasks Tentative Completion Date Project Budget Streets 2023-17 Hargrave Grade Separation PA&ED 40% Contract execution; project kickoff, grant reporting.
35% Caltrans Submittal; 10% UPRR
Approval; FRA RCE Grant Application
65% UPRR Submittal, Environmental
Assessments
12/31/27 $ 8,300,000
Streets - Highland Springs Avenue
Interchange
PA&ED 40% Highway Safety Manual segmentation existing
condition; aerial topo mapping; traffic volume
report; Environmental Purpose/Need
Statement; Air/Noise memos; VMT
Methodology Memo; DDI Exclusion Memo;
ROW Data Sheets;
Revised noise studies for new alternate,
updated technical studies
Design Standard Risk Assessment;
Value Analysis Report; Geometric
Approval Document; R/W Data Sheets;
Transp. Management Plan
12/31/27 $ 2,900,000
Streets 2020-04 Sun Lakes Blvd Extension CEQA, PS&E 99% Obtained environmental permits, complted PSE package.
Construction support Complete environmental mitigations 12/1/26 $ 1,248,026 Streets 2020-04 Sun Lakes Blvd Extension Construction 25% Construction project public advertising Contractor has installed inverts on all concrete box culvert crossings.
Begin Kinder Morgan Relocation and
Construction of the retaining wall.
7/30/27 $ 20,996,793
Streets - Traffic Signalization of 8th
Street/I-10 Interchange
Design/Permits 90% Design well underway. Submittal of
encroachment permit application to Caltrans.
Caltrans approval on TOAR and concepts.
Design paused, due to rephase of RSG
project and property acquisition needs
Resubmitted to Caltrans if needed.
Caltrans encroachment permit
issuance. Property acquisition (private
party task)
9/30/26 $ 1,081,000
Streets 2023-04 HSIP Cycle 10 Ramsey Street
Pedestrian Safety Improvements
Construction 100% Project Approved for Funding by the State.
Project Awarded.
Notice of Completion to City Council for
approval on 10/13
Release Retention 8/30/26 $ 596,850
Streets 2023-09 HSIP Upgrade 17 Traffic Signals
Hardware
PS&E 95% Project approved for funding by Caltrans STC Traffic Working on 90% Plans Submittal, Caltrans EP Approval and CC
Contract Amendment #2 for term
extension
100% Plans Submittal and Approval 3/31/27 $ 74,760
Streets 2023-10 HSIP Pedestrian Crossings
Upgrades at 19 Intersection
PS&E 92% Project approved for funding by Caltrans City review of 90% plans comments sent to TKE
100% plan submittal city review 12/31/26 $ 86,075
Streets 2023-11 HSIP Wilson St & 12 St
Intersection Upgrade
PS&E 90% Project approved for funding by Caltrans City review of 90% plans comments sent to TKE
100% plan submittal city review 12/30/26 $ 41,665
Streets 2023-05 San Gorgonio/UPRR Pedestrian
Crossing
Design 95% Amendment 2 CC Approval. 65% Plans
complete
Final Plans approved by UPRR, CUPC
and Caltrans. C&M Agreement Draft
Review
Approve C&M Agreement. Prepare Bid
Documents
12/30/26 $ 230,000
Facility 2021-06 CNG Station Design-Build 100% Project is now substantially complete. Project is now substantially complete.
Notice of Completion
Completion of final punchlist items.
Notice of Completion
7/15/26 $ 4,888,261
Facility City Hall Roof Repairs - Phase 2 Design/Bid 10% Scope identification - Roof/leak repairs on flat roof section over remainder of City Hall
On Hold Award, Construction 10/31/26 $ 275,000
Facility 2024-02 City Hall HVAC Replacement Construction 5% Bid and award of contract Begin HVAC installation Construction 12/30/26 $ 188,000 Water 2018-02W2 New Domestic Water Well C8 (Phase 2: Well Equipping and Site Development)
Construction 90% Installed pump, above-ground piping, pump-towaste, louvers, doors, CMU block. Completed curb, gutter, asphalt paving, drainage swale,
MCC, interior electrical
Finish roofing, switchboard, VFD, and
Transfer Switch, Generator
Start-up, O&M manuals, pump
efficiency testing, training, Notice of
Completion
10/31/26 $ 3,774,100
Water 2022-07W Well M12A (Phase 2: Well
Equipping an Site Development)
Construction 95% Installed pump, above-ground piping, pump-towaste, louvers, doors, CMU block, electrical units, testing, disinfection, Slurry seal asphalt,
pump efficiency testing
O&M manuals and training, completion of
final punchlist items
Notice of Completion 10/31/26 $ 2,684,990
Water Water and Wastewater Rate
Study
Study 5% Contract award and execution Data collection and initial review Comprehensive Financial Model Development, rate design,
implenentation, public outreach
4/27/27 $ 108,805
Wastewater 2022-
01WW
Wastewater Treatment Plant and
Recycled Water Improvements
Phase 1
(Design)
30% Received 10% BODR (Basis Of Design Report).
Off-ramped Design-Build Contract and
advertise an alternative delivery Design-BidBuild
Advertise RFP for alternative delivery for
Design-Bid-Build.
Interviews, City Council Award, Notice
to Proceed, Continue Design
8/1/27 $ 4,398,490
Wastewater 2020-
08WW
WWTP Equalization Basin Construction 5% Finalized 100% drawings, ~$1.25M EPA Community Grant has been issued, project
advertisement
Award contract Construction 8/30/27 $ 362,866
Recycled
Water
2024-1RW Charles Street and Lincoln Street
Booster Station and Reservoirs
Construction 98% Project was awarded, a NTP was issued
followed by pre-con meeting and submittal
reviews.
Both sites are up and running.
Miscellaneous items remain to be resolved
Turn project to City Staff 8/30/26 $ 10,160,200
Recycled
Water
2023-
06RW
Lions Park Non-Potable Water
Conversion
Construction 100% Project Awarded. Kick Off Meeting. Surveying and utility research
Release Retention Warranty Period 7/30/26 $ 920,672
PUBLIC WORKS CAPITAL IMPROVEMENT PROJECTS (CIP) TRACKING SHEET 55 Electric Sun Lakes Blvd Extension Construction 2% Application for SCE relocation work is complete.
SCE joint trench plan estimated to be complete
in August 2026.
Construction started on May 11.
Contractor on site for clearing and
grubbing whole site including potholing all
utilities
Begin construction of concrete box
culverts on the east side
7/30/27 $ 2,366,090
Electric Robertson's Ready Mix Pole
Relocation
PS&E 95% Scope of work has been amended. Currently
completeing updates to plan
Complete plan updates. Execute new line
extension agreement with Robertson's
ready mix.
Collect deposits from Robertson's
Ready Mix and order materials for
construction and schedule installation
6/30/27 $ 425,000
Electric 12kV Reconductor on Barbour St
at Hathaway
PS&E 95% Alternative plan to address replacement of 4kV equipment at the site has been approved.
Construction plans estimated to be complete
late 2026.
Negotiate cost sharing with property
owners at 700 S Hathaway St for reduced
scope of work for completing necessary
upgrades to replace all 4kV equipment
with 12kV equipment.
Current construction estimate is
$125,000 and has been added to the
FY 2026/27 budget.
3/31/27 $ 125,000
Electric Mias Canyon Line Hardening Design/MSHC
P
100% Line hardeining redesign completed. MSHCP
Consistency Analysis has been accepted. Await determination on approval of federal grant funding and match funding thru
CalOES
Begin pre-construction review with
FEMA, CalOES and joint utilities.
Procure materials for project when
authorization to proceed is given.
12/30/27 $ 2,189,140
Electric 34.5kV Circuit Reroute Construction 65% 16 of 26 poles have been replaced. Installation is being completed by BEU linemen.
Make adjustments for 2026/27 budget
cycle to include funding for this project.
Schedule construction for remaining poles
Complete installation of remaining
poles and re-energize subtransmission Circuit #1.
4/30/27 $ 275,000
56 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Patrick Safari, Capital Improvement Projects Manager Art Vela, Director of Public Works
MEETING DATE: October 13, 2026
SUBJECT: Authorize the City Manager to sign the Notice of Completion for Project No. 2023-04 “Ramsey Street Pedestrian Safety Improvements at the Intersections of Ramsey Street and 2nd Street, 6th Street, 16th Street and Martin Street” as complete and direct the City Clerk to record the Notice of Completion.
STAFF RECOMMENDATION:
Authorize execution of the Notice of Completion
BACKGROUND:
Project No. 2023-04 “Ramsey Street Pedestrian Safety Improvements” is a pedestrian safety improvement project at the unsignalized intersections of Ramsey Street and 2nd Street, 6th Street, 16th Street and Martin Street. Based on collision data obtained from the UC Berkeley Transportation Injury Mapping System (TIMS) and existing site conditions, City staff determined that there were pedestrian safety concerns at these intersections. The Project was designed to improve safety by installing Rectangular Rapid Flashing Beacon (RRFB) devices, which enhance pedestrian visibility and driver awareness.
On March 14, 2023, the City Council approved Resolution 2023-46, awarding a Professional Services Agreement for the design of the RRFB project to STC Traffic, Inc. in the amount of $64,780.
On October 14, 2025, the City Council adopted Resolution 2025-141, awarding a Construction Contract to All American Building Services in the amount of $592,850 and approving a 10% contingency for a total budget of "not-to-exceed" $652,135.
Construction of the Project has been completed by All American Building Services in accordance with the approved plans and specifications. The work included the installation of RRFB devices at the four (4) unsignalized intersections, along with all associated signage, striping, and accessibility improvements.
JUSTIFICATION:
The lowest qualified bidder, All American Building Services was awarded the contract, and work was completed on August 12, 2026. Public Works staff verified through inspections that the workmanship, materials, and procedures were satisfactory, and that the contract had met the required contract obligations.
Staff has conducted a final inspection of the Project and has determined that the work has been completed in a good and workmanlike manner and is acceptable to the City. Staff recommends that the 57 City Council accept the completed construction and authorize the recordation of the Notice of Completion.
FISCAL IMPACT:
The project was awarded in the amount of $592,850 with a 10% contingency for a total budget of $652,135. The final contract amount was $476,319.10, resulting in savings of $116,530.90.
ATTACHMENTS:
1. NOC Ramsey Ped Crossings.docx
2. Resolution 2023-46.pdf
3. Resolution 2025-141.pdf
58
1 Recording Requested by:
2 Office of the City Clerk
3 City of Banning
4 P.O. Box 998
5 Banning, California 92220
6 7 Exempt from Recording Fees Pursuant to Government Code §6103 8 9 NOTICE OF COMPLETION
10 PROJECT NO. 2023-04, “RAMSEY STREET PEDESTRIAN SAFETY 11 IMPROVEMENTS”
12 13
14 THIS NOTICE OF COMPLETION IS HEREBY GIVEN by the OWNER, the City 15 of Banning, a municipal corporation, pursuant to the provisions of Section 9204 of the Civil 16 Code of the State of California, and is hereby accepted by the City of Banning, pursuant to 17 authority conferred by the City Council this October 13, 2025, and the grantees consent to 18 recordation thereof by its duly authorized agent.
19 20 That the OWNER, the City of Banning, and All American Building Services of Santa 21 Clarita, California, the vendee, entered into an agreement dated November 3, 2025, for 22 Project No. 2023-04, “Ramsey Street Pedestrian Safety Improvements”. 23 24 The principal items of work include the installation of Rectangular Rapid Flashing Beacon 25 (RRFB) devices at the four (4) unsignalized intersections of Ramsey Street and 2nd Street, 26 6th Street, 16th Street and Martin Street, along with all associated signage, striping, and 27 accessibility improvements.
28 29 That the work of improvement was completed on August 12, 2026, for Project No. 2023- 30 04, “Ramsey Street Pedestrian Safety Improvements”.
31 (1) The Nature of Interest was civil improvements completed on August 12, 32 2026, for Project No. 2023-04, “Ramsey Street Pedestrian Safety Improvements”. 33 (2) That the City of Banning, a municipal corporation, whose address is 34 Banning City Hall, 99 E. Ramsey Street, Banning, California 92220, is completing work 35 of improvement.
59
1 (3) That said work of improvement was performed at the intersections of 2 Ramsey Street and 2nd Street, 6th Street, 16th Street and Martin Street in Banning, 3 California 92220.
4 (4) That the original contractor for said improvement was All American 5 Building Services of Santa Clarita, California, State Contractor’s License No. 921499. 6 (5) That Performance and Payment bonds were required for this project. 7 (6) The nature of interest is in fee.
8 Dated: October 13, 2026
9 CITY OF BANNING
10 A Municipal Corporation
11 12
13 14 By
15 Elizabeth Gibbs
16 City Manager
17 18 ATTEST:
19 20
21 22 Sandra Calderon
23 Deputy City Clerk
24 25 APPROVED AS TO FORM:
26 27
28 John Pinkney
29 City Attorney
30 Slovak, Baron, Empey, Murphy & Pinkney LLP
31 32
33 60
1 JURAT
2 A notary public or other officer completing this certificate verifies only the identity 3 of the individual who signed the document to which this certificate is attached, 4 and not the truthfulness, accuracy, or validity of that document. 5 6
7 State of California
8 County of Riverside
9 10 Subscribed and sworn to (or affirmed) before me on this ___day of ___________, 2026 11 by ________________________________, who proved to me on this basis of satisfactory 12 evidence to be the person(s) who appeared before me. 13 14
15 16 (S e a l)
17 ______________________________
18 Notary Public in and for said County
19 and State
20 21 STATE OF CALIFORNIA
22 COUNTY OF RIVERSIDE
23 24 SANDRA CALDERON, being duly sworn, deposes and says:
25 26 That I am the Deputy City Clerk of the City of Banning, which City caused the 27 work to be performed on the real property hereinabove described, and is authorized to 28 execute this Notice of Completion on behalf of said City; that I have read the foregoing 29 Notice and know the contents thereof, and that the facts stated therein are true based upon 30 information available to the City of Banning, and that I make this verification on behalf of 31 said City of Banning. I declare under perjury that the forgoing is true and correct. 32 Executed on ___________________, 2026 at Banning, California. 33 34
35 Sandra Calderon
36 Deputy City Clerk
37 City of Banning
38 }
61 RESOLUTION 2023-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF
RECTANGULAR RAPID FLASHING BEACONS AT THE INTERSECTIONS OF RAMSEY STREET AND 2ND, 6TH, 16TH AND MARTIN STREETS TO STC TRAFFIC, INC. OF CARLSBAD, CA IN THE AMOUNT OF $64,780, ESTABLISHING A TOTAL PROJECT BUDGET OF $71,258, AND REJECTING ALL OTHER PROPOSALS WHEREAS, City staff determined that there are significant pedestrian safety concerns at the unsignalized intersections of Ramsey Street and 2nd Street, 6th Street, 16th Street and Martin Street; and
WHEREAS, on October 12, 2021, under Resolution 2021-91, the City Council approved Master Agreement 08-5214S21 and a corresponding Program Supplement Agreement No. HSIPL-5214(014); and
WHEREAS, on November 14, 2022, staff released a Request for Proposals ( RFP) for the Design of Rectangular Rapid Flashing Beacon at the Intersections of Ramsey Street and 2nd Street, 6th Street, 16th Street and Martin Street to six (6) consultants on the on-call engineering list approved by City Council on July 12, 2022 under Resolution 2022- 99; and
WHEREAS, on December 13, 2022, in response to the RFP, five ( 5) proposals were received ranging in costs from $ 28,000 to $ 138,230; and WHEREAS, staff evaluated the proposals based on qualifications, cost, experience with the requested scope of services and response to the request for proposals. As a result, staff recommends the award of a professional services agreement to STC Traffic, Inc. in the amount of $64,780; and
WHEREAS, the lowest proposal was deemed non-responsive by the Engineering Staff because the cost was not adequate to accomplish all the tasks as outlined in the RFP; and
WHEREAS, the scope of work will include the design of Rectangular Rapid Flashing Beacon ( RRFB), ADA compliant pedestrian curb ramps, streetlights, signage and pedestrian crosswalk striping at each intersection; and WHEREAS, the total project budget of $71,258, which includes a 10% contingency, will be funded by Measure A funds. The project costs are eligible and expected to be reimbursed by the State of California Department of Transportation Cycle 10 Highway Safety Improvement Program ( HSIP).
Resolution 2023-46
62 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows :
SECTION 1. The City Council approves the Professional Services Agreement between STC Traffic , Inc ., and the City of Banning.
SECTION 2. The City Manager or his designee is authorized to execute the Professional Services Agreement with STC Traffic , Inc. and to make necessary budget adjustments, appropriations, transfers , and approving change orders within the approved contingency.
SECTION 3 . The City Council rejects all other proposals received on December 13, 2023.
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 14th day of March 202 .
ATTEST:
Caroline Patton , De
City of Banning
APPROVED AS TO FORM AND
LEGAL CONTENT:
Y=
Serita R. Young, City Attorney
Richards, Watson & Gershon
Resolution 2023- 46
Alberto Sa chez, Mayor
City of B
63 CERTIFICATION:
I , Caroline Patton , Deputy City Clerk of the City of Banning , California , do hereby certify that the foregoing Resolution 2023-46 , was duly adopted by the City Council of the City of Banning, California , at a regula r meeting thereof held on the 14th day of March 2023 by the following vote , to wit:
AYES : Flynn, Gonzales, Minjares, Sanchez, and Wallace .
NOES:
ABSENT:
ABSTAIN:
Resolution 2023- 46
Caroline Patton, De ty City Clerk
City of Banning, California
64 RESOLUTION 2025- 141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT FOR PROJECT NO. 2023- 04 RECTANGULAR
RAPID FLASHING BEACON ( RRFB) AT THE INTERSECTIONS OF RAMSEY STREET AND 2No STREET, 5rH STREET, 16TH STREET AND MARTIN STREET, TO ALL AMERICAN BUILDING SERVICES IN THE AMOUNT OF $ 592, 850 AND APPROVING A 10% CONTINGENCY FOR A TOTAL BUDGET OF " NOT- TO- EXCEED" $ 652, 135.
WHEREAS, based on collision data obtained from the UC Berkeley Transportation Injury Mapping System ( TIMS) and existing site conditions, City staff determined that there are pedestrian safety concerns at unsignalized intersections of Ramsey Street and 2nd Street, 6th Street, 16th Street and Martin Street.; and
WHEREAS, on October 12, 2021, under Resolution 2021- 91, the City Council approved Master Agreement 08-5214S21 and a corresponding Program Supplement Agreement No.
HSIPL- 5214( 014) authorizing the City of Banning to start the Preliminary Engineering ( PE) phase; and
WHEREAS, on March 14, 2023, the City Council approved Resolution 2023- 46 awarding a Professional Services Agreement for the Design of Rectangular Rapid Flashing Beacon ( RRFB) at the Intersections of Ramsey Street and 2nd Street, 6th Street, 16th Street and Martin Street to STC Traffic, Inc. in the amount of $64, 780; and
WHEREAS, on August 8, 2025, staff released an Invitation for Bids ( IFB) for Project No. 2023- 04 Rectangular Rapid Flashing Beacon ( RRFB) at the Intersections of Ramsey Street and 2
nd Street, 6th Street, 16th Street and Martin Street Project on the City' s public bidding platform; and
WHEREAS, on September 18, 2025, in response to the IFB, three ( 3) bids were received ranging in costs from $ 483, 386 to $ 782, 620; and
WHEREAS, Demo Leaders Inc., the lowest bidder, was disqualified due to failure to submit the bid bond by the required deadline and inconsistencies in the actual proposed cost; and WHEREAS, the Project will improve safety of the unsignalized intersections of Ramsey Street and 2nd Street, 6th Street, 16th Street and Martin Street by installing RRFB devices which will enhance pedestrian visibility and driver awareness; and WHEREAS, staff evaluated the bid proposals based on qualifications, cost, experience with the requested scope of services and response to the request for proposals. As a result, staff recommend the award of a Construction Contract to All American Building Services in the amount of $592, 850; and
WHEREAS, the total project budget of $652, 135, which includes a 10% contingency, will be funded by Caltrans HSIP, SB1 and Measure A funds. The project costs are eligible and expected to be partially reimbursed by the State of California Department of Transportation Cycle 10 Highway Safety Improvement Program ( HSIP); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
Resolution 2025- 141
SECTION 1. The City Council approves the Construction Contract with All American Building Services in the amount of $ 592, 850 and approving a 10% contingency for a total budget of "notto-exceed" $ 652, 135 for the Rectangular Rapid Flashing Beacon ( RRFB) at the Intersections of Ramsey Street and 2nd Street, 6th Street, 16th Street and Martin Street Project SECTION 2. The City Council authorizes the City Manager, or their designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.
SECTION 3. The City Council authorizes the City Manager to make necessary non- substantive changes and to execute the Construction Contract with All American Building Services.
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 14th day of October 2025.
ATTEST:
Sandra Calderon, Acting Administrative
City Clerk
City of Banning
APPROVED AS TO FORM:
Resolution 2025- 141
Sheri Flynn, Mayor
City of Banning
66 CERTIFICATION:
I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025- 141, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of October 2025 by the following vote, to wit:
AYES: Barrington, Flynn, Miller, Royce, Wallace
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 2025- 141
Sandra Calderon, Acting Administrative City
Clerk
City of Banning, California
67 EXHIBIT A
Construction Contract with All American Building Services Resolution 2025- 141
CONTRACT ( C01205)
CITY OF BANNING CONTRACT FOR
HSIP RRFB RAMSEY STREET PEDESTRIAN CROSSWALKS & IFB 25-106 THIS CONTRACT (" Contract") is made and entered this ________ (" Effective Date"), by and between the CITY OF BANNING, a California municipal corporation (" City") and All American Building Services, a California Corporation (" Contractor"). Contractor' s California State Contractor' s license number is 921499; Class A/B. Contractor' s DIR registration number is 1000790148.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist ofthis Contract, the Notice Inviting Bids, Instructions to Bidders, Bid ( including documentation accompanying the Bid and any post-Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as HSIP RRFB Ramsey Street Pedestrian Crosswalks (" Project"), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Five Hundred Ninety-Two Thousand Eight Hundred Fifty Dollars ($592,850.00) in accordance with the prices as submitted in the Bid.
4. Incorporation by Reference. All ofthe following documents are attached hereto and incorporated herein by this reference: Workers' Compensation Certificate ofInsurance, Additional Insured Endorsement Comprehensive General Liability), Additional Insured Endorsement ( Automobile Liability), and Additional Insured Endorsement ( Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 ofthe Clayton Act ( 15 U.S.C. Sec.§ 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Workers' Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions ofthat Code, and Iwill comply with such provisions before commencing the performance of the Work of this Contract."
C-1
69 8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent ofthis Contract or any part of it.
9. Authority. Any person executing this Contract on behalfofContractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance ofits obligations hereunder.
10. Debarment or Suspension.
Contractor represents and warrants that, as of the Effective Date of this Agreement, Contractor is not debarred or suspended pursuant to any applicable Federal or State law providing for the debarment of contractors. Contractor shall not perform the Services with any subcontractor that has been debarred or suspended pursuant to any applicable Federal or State law providing for the debarment. Contractor and its subcontractors shall not be debarred or suspended throughout the Term of this Agreement pursuant to any applicable Federal or State law providing for the debarment of contractors. If Contractor or any subcontractor becomes debaned or suspended during the Term of this Agreement, Contractor shall immediately notify City.
11. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements.
This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
12. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each ofwhich is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF BANNING
City Council Approval: _____ _ By:-------------
City Manager Date
ATTEST: APPROVED AS TO FORM:
By:------------- By:-------------
Administrative City Clerk Date City Attorney Date
CONTRACTOR")
By: -------------
Name: Date
Title:
Title:
C-2
70 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Brandon Robinson, Electrical Engineering Supervisor Art Vela, Director of Public Works
MEETING DATE: October 13, 2026
SUBJECT: Accept Easements from San Jacinto Grid LLC for Electric Utility Purposes on Accessor’s Parcel 541-220-024 for the Maintenance of the City-Owned Electric Distribution System
STAFF RECOMMENDATION:
Accept easements from San Jacinto Grid, LLC for electric utility purposes located at 300 S. Gallaher Way, Accessor's parcel 541-220-024.
BACKGROUND:
The site plan for the San Jacinto Grid, LLC Battery storage project, located at 300 S. Gallaher Way was approved by the City of Banning Planning Commission via Resolution 2021-15 on October 19, 2021. The Banning Electric Utility has constructed electrical improvements within its parcel that were required to serve the new battery storage facility. As part of the Conditions of Approval for the project, the developer or owner is required to provide the City with the necessary easements for the maintenance of the City owned electric distribution system.
The facilities within the proposed easement consist of primary underground electric infrastructure required for utility service.
JUSTIFICATION:
It is necessary to obtain the easement for the City to access and provide maintenance for the City-owned electric distribution equipment which may include utility poles, conduit with conductors, transformers, switchgear, equipment pads, and meters.
FISCAL IMPACT:
There is no fiscal impact associated with the acceptance of the easement.
ATTACHMENTS:
1. Easement_541-220-024
2. Certificate of Acceptance - Easement from San Jacinto Grid, APN 541-220-024 71 72
73 74
75 76
77 78
79 Recording Requested by:
City Clerk
City of Banning
P.O. Box 998
Banning, CA 92220
NO RECORDING FEE PER SECTION
6103 OF THE GOVERNMENT CODE
CERTIFICATE OF ACCEPTANCE
This is to certify that the EASEMENT – PUBLIC ELECTRIC UTILITY PURPOSES from San Jacinto Grid, LLC, dated 08/25/2026, is hereby accepted by THE CITY OF BANNING pursuant to authority conferred by the City Council this 13th day of October 2026, and the grantees consent to recordation thereof by its duly authorized agent.
Dated: October 13, 2026
CITY OF BANNING
________________________________
Sandra Calderon, Deputy City Clerk
80 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Shah Nawaz, Deputy Water/Wastewater Director Art Vela, Director of Public Works
MEETING DATE: October 13, 2026
SUBJECT: Consideration of Resolution No. 2026-06UA, Approving Amendment No. 1 to Professional Services Agreement No. C01043 with Tetra Tech, Inc. for Supervisory Control and Data Acquisition (SCADA) System Maintenance and Advisory Services to Extend the Agreement through June 30, 2027
STAFF RECOMMENDATION:
Adopt Resolution 2026-06UA
BACKGROUND:
On June 25, 2024, the City Council adopted Resolution No. 2024-100 approving Professional Services Agreement No. C01043 with Tetra Tech, Inc. for Supervisory Control and Data Acquisition (SCADA) System Maintenance and Advisory Services in an amount not to exceed $205,000. Tetra Tech was selected through the City's competitive Request for Proposals (RFP 23-054) process and received the highest ranking among the three firms that submitted proposals.
The City's SCADA system is an integral component of the operation of the City's water and wastewater systems and is used to monitor and control facilities and equipment, including wells, reservoirs, sewer lift stations, flow rates, pressures, and other critical operational parameters. The original agreement was established to provide the City with qualified technical assistance for SCADA system maintenance, troubleshooting, system enhancements, standards, and cybersecurity-related needs.
The initial term of Agreement C01043 ran through June 30, 2026 and also included three one-year renewal options.
JUSTIFICATION:
The City continues to require qualified technical support for the ongoing maintenance, reliability, troubleshooting, and improvement of its water and wastewater SCADA systems. Tetra Tech has provided these services under the existing agreement and has developed familiarity with the City's SCADA infrastructure, operational needs, and ongoing system improvements.
Staff recommends exercising the first one-year renewal option to maintain continuity of SCADA support and extend Agreement C01043 through June 30, 2027. The scope and not-to-exceed contract amount will remain unchanged; no additional compensation is being requested as part of this amendment.
Section 8.4 of Agreement C01043 requires that amendments or modifications to the agreement be in writing and approved by both Tetra Tech and the City Council. Therefore, Council approval is required to 81 exercise the renewal option and extend the agreement term.
FISCAL IMPACT:
There is no additional fiscal impact associated with this action. Amendment No. 1 will only extend the term of Agreement C01043 through June 30, 2027 and will not increase the existing not-to-exceed contract amount of $205,000. The original agreement established the $205,000 maximum compensation amount.
ATTACHMENTS:
1. Resolution_2026-06UA.docx
2. Amendment 1 Tetra Tech Inc (C01403).docx
3. Resolution No. 2024-100 (for refrence purposes only).pdf 82 Resolution 2026-06 UA
RESOLUTION 2026-06 UA
A RESOLUTION OF THE UTILITY AUTHORITY OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT C01043 WITH TETRA TECH, INC. FOR SUPERVISORY CONTROL AND DATA ACQUISITION
SYSTEM MAINTENANCE AND ADVISORY SERVICES TO EXTEND THE TERM THROUGH JUNE 30, 2027.
WHEREAS, the City of Banning owns and operates water and wastewater systems that utilize a Supervisory Control and Data Acquisition (SCADA) system to monitor and control facilities and equipment, including wells, reservoirs, sewer lift stations, flow rates, pressures, and other operational parameters; and
WHEREAS, City staff previously identified the need for qualified consulting services to assist with maintaining, troubleshooting, and improving the City’s SCADA system; and WHEREAS, through Request for Proposals No. 23-054, the City solicited and evaluated proposals for SCADA Maintenance and Advisory Services, with Tetra Tech, Inc. receiving the highest-ranked proposal; and
WHEREAS, on June 25, 2024, the City Council adopted Resolution No. 2024-100 approving Professional Services Agreement C01043 with Tetra Tech, Inc. for SCADA Maintenance and Advisory Services in an amount not to exceed $205,000; and WHEREAS, Agreement C01043 provides for an initial term through June 30, 2026, with three (3) one-year renewal options; and
WHEREAS, the City continues to require qualified SCADA maintenance and advisory services to support the reliable and secure operation of its water and wastewater systems, and staff recommends continuing these services with Tetra Tech, Inc.; and WHEREAS, the City desires to exercise the first one-year renewal option and approve Amendment No. 1 to Agreement C01043 to extend the term through June 30, 2027, with no increase to the existing not-to-exceed contract amount of $205,000; and WHEREAS, Section 8.4 of Agreement C01043 requires any amendment or modification of the Agreement to be made in writing and approved by Tetra Tech, Inc. and the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Utility Authority of the City of Banning as follows:
SECTION 1. The Utility Authority hereby approves Amendment No. 1 to Professional Services Agreement C01043 with Tetra Tech, Inc. for Supervisory Control and Data Acquisition System Maintenance and Advisory Services, exercising the first one-year renewal option and extending the term of the Agreement through June 30, 2027, with no increase to the existing not-to-exceed contract amount of $205,000.
SECTION 2. The City Manager, or designee, is authorized to execute Amendment No. 1 to Professional Services Agreement C01043 with Tetra Tech, Inc., together with any nonsubstantive modifications approved by the City Attorney, and is further authorized to approve and execute the remaining optional one-year renewals provided under Agreement C01043, 83 Resolution 2026-06 UA
provided that such renewals do not increase the existing not-to-exceed contract amount of $205,000 and remain consistent with the terms of the Agreement.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 13th day of October, 2026.
Richard Royce, Mayor
Banning Utility Authority
ATTEST:
Sandra Calderon, Secretary
Banning Utility Authority
APPROVED AS TO FORM:
, Esq.
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
84 Resolution 2026-06 UA
CERTIFICATION:
I, Sandra Calderone, Secretary of the Banning Utility Authority, do hereby certify that the foregoing Resolution 2026-06 UA, was duly adopted by the Utility Authority of the City of Banning, California, at a regular meeting thereof held on the 13th day of October, 2026 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Secretary
Banning Utility Authority
85 Resolution 2026-06 UA
EXHIBIT A
Amendment No. 1 to Professional Services Agreement C01043 with Tetra Tech, Inc. for SCADA Maintenance and Advisory Services.
86 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
(C01043) FOR SCADA MAINTENANCE AND ADVISORY SERVICES
BY AND BETWEEN CITY OF BANNING AND TETRA TECH INC.
THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and TETRA TECH, INC., a Delaware Corporation (“Consultant”) is effective as of this day: ______________.
RECITALS
A. City and Consultant entered into that certain Contract dated June 25, 2024 for the purpose of providing SCADA Maintenance and Advisory Services (“Agreement”) following RFP 23-054 SCADA Maintenance and Advisory Services, as approved by City Council Resolution 2024-100.
B. City and Consultant now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2027.
The Parties therefore agree follows:
1. Amended Terms. The Agreement is hereby amended as follows:
1.1 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2027, unless sooner terminated or extended as provided in the Agreement.
2. Miscellaneous Provisions
2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement the provisions of this Amendment No. 1 shall control.
2.2 Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 87 1 does not violate any provision of any other agreement to which said party is bound.
2.3 Counterparts. This Amendment No. 1 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
2.4 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
88 The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.
CITY OF BANNING CONSULTANT
Elizabeth Gibbs,
City Manager
NAME:
TITLE:
City Council Approval: _______________ NAME:
TITLE:
ATTEST:
Sandra Calderon
Deputy City Clerk
APPROVED AS TO FORM:
Slovak, Baron, Empey, Murphy & Pinkney
LLP
John O. Pinkney
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
89 RESOLUTION 2024- 100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR SUPERVISORY CONTROL
AND DATA ACQUISITION SYSTEM MAINTENANCE AND ADVISORY SERVICES TO TETRA TECH, INC. IN THE AMOUNT OF $ 205, 000
WHEREAS, the City of Banning owns and operates a water system and a sewer collections system which includes twenty- two ground water wells, two booster stations, and twelve reservoirs across five pressure zones and six sewer lift stations; and WHEREAS, a Supervisory Control and Data Acquisition ( SCADA) system is utilized to monitor and control mechanical systems such as, but not limited to, reservoir levels, wells, flowrates and pressures; and
WHEREAS, City staff has identified the need for consulting services to provide assistance in maintaining and improving the SCADA system;· and
WHEREAS, through the solicitation of a Request for Proposals, the City received and evaluated three proposals which resulted in Tetra Tech, Inc. submitting the highest ranked proposal; and
WHEREAS, staff has recommended the approval of a Professional Services Agreement with Tetra Tech, Inc. in the amount of $ 205, 000 which will be funded by the Water Fund 660 75%) and the Wastewater Fund 680 ( 25%), both which have available funding in Fiscal Year 2023/ 2024 in Accounts Nos. 660- 6300- 471. 33- 11 and 680- 8000- 454. 33-11.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves a Professional Services Agreement with Tetra Tech, Inc. for Supervisory Control and Data Acquisition System Maintenance and Advisory Services in the amount of $ 205, 000, authorizes the City Manager to make non- substantive revisions to the agreement and to sign said agreement.
SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 25th day of June 2024.
Resolution 2024- 100
90 ATTEST:
Caroline Patton, Adminis
City of Banning
APP ~ OFORM:
Serita R. Young , City Attorney
Richards , Watson & Gershon
Resolution 2024- 100
91 CERTIFICATION:
I, Caroline Patton , Administrative City Clerk of the City of Banning , California , do hereby certify that the foregoing Resolution 2024- 100 , was duly adopted by the City Council of the City of Banning , California , at a regular meeting thereof held on the 25th day of June 2024 by the following vote , to wit:
AYES : Flynn, Happe , Minjares , Sanchez , and Wallace.
NOES:
ABSENT:
ABSTAIN :
Resolution 2024- 100
Caroline Patton , Admin tra ve City Clerk
City of Banning , Californ a
92 Resolution 2024- 100
Exhibit A
Agreement for SCADA Services with Tetra Tech, Inc.
93 AGREEMENT FOR PROFESSIONAL SERVICES ( C01043) FOR SCADA
MAINTENANCE AND ADVISORY SERVICES BY AND BETWEEN
CITY OF BANNING AND TETRA TECH INC.
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( herein " Agreement") is made and entered into this day: ________ , (" Effective Date") by and between the CITY OF BANNING, a California municipal corporation (" City") and Tetra Tech, Inc., a Delaware Corporation (" Consultant"). City and Consultant are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Patiies."
RECITALS
A. City has sought by a Request for Proposals ( RFP 23- 054) for the performance of the services for SCADA Maintenance and Advisory Services and as further defined and described particularly in Article 1of this Agreement.
B. Consultant, following submission of a proposal for the perfonnance of the services defined and described particularly in Article 1 of this Agreement, was selected by City to perform those services.
C. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
D. Pursuant to the City ofBanning' s Municipal Code, City has authority to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with aU tenns and conditions of this Agreement, Consultant shall provide those services specified in the " Scope of Services" attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the " Services" hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in perfonning the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase " highest professional 1-
94 standards" shall mean those standards of practice recognized by one or more first- class firms perfonning similar work under similar circumstances.
1.2 Contract Documents and Exhibits.
This Agreement includes the Request for Proposal and Consultant' s accepted proposal Contract Documents"), both of which are on file with the City and incorporated herein by this general reference as though fully set forth herein. Exhibit A ( Scope of Services), Exhibit B Special Requirements), Exhibit C ( Schedule of Compensation), and Exhibit D ( Schedule of Performance) also constitute a part of this Agreement and are incorporated into this Agreement by this reference. Except as set forth in Section 1.10 regarding Exhibit B, this Agreement controls over the Contract Documents and the provisions in Exhibits A, B and C.
1.3 Compliance with Law.
Consultant shall keep itselfinformed concerning all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered, and shall render all Services hereunder in accordance therewith.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain and maintain during the term of this Agreement, at its sole cost and expense, all necessary licenses, permits, certificates and approvals required by law for the performance of Services under this Agreement, including a City business license. Consultant shall have the sole obligation to pay for all fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for Consultant' s performance of the Services required by this Agreement. Consultant shall indemnify, defend and hold harmless City, its officers, employees or agents, against all such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Services.
By executing this Agreement, Consultant warrants that Consultant: ( i) has thoroughly investigated and considered the Scope of Services to be performed, ( ii) has carefully considered how the Services should be performed, and ( iii) fully understands the facilities and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant' s risk until written instructions are received from the Contract Officer ( defined in Section 1.12. A).
1.6 Prevention of Loss and Damages.
Consultant shall adopt reasonable methods during the Term ( defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, 2-
95 documents, plans, studies and/ or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City' s own negligence.
1. 7 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonable necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible to perform the Services of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services or to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Consultant, which written order incorporates therein an adjustment in ( i) the Contract Sum ( as defined in Section
2.1), and/ or (ii) the Schedule of Performance, ( as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation ofup to ten percent ( 10%) of the Contract Sum, or $ 25,000, whichever is less; or in the Schedule of Performance of up to one hundred eighty ( 180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
1.9 Facilities and Equipment.
Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perfonn the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (" City Facilities"), as City deems, in its sole discretion, to be reasonably necessary for Consultant' s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the " Special Requirements" attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. 3-
96 1.11 Corrections.
In addition to the indemnification obligations set forth in Article 4, and Sections 1.4, 1.13,
5.3, 5.4, and 6.3, Consultant shall COITect, at its expense, all errors in the Services which may be disclosed during City' s review of Consultant' s report or plans. Should Consultant fail to make such correction( s) in a reasonably timely manner, such correction( s) may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction( s) from any retention amount held by City, or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction( s), as provided in Section 6.3.
1.12 Party Representatives.
A. Contract Officer: For the purposes of this Agreement, the Contract Officer shall be the City Manager, or such other person designated in writing by the City Manager Contract Officer"). Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.
B. Principals and Personnel of Consultant.
1) Consultant Representative: The following principal of Consultant is hereby designated as being the Consultant Representative authorized to act on Consultant' s behalf regarding the Services specified herein and make all decisions in connection therewith:
Title
Amirlbrahm Project Manager
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant' s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 2) Consultant' s Personnel: Consultant has, or will secure at its own expense, all personnel required to perfonn the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effo11 to maintain the stability and continuity of Consultant' s staff and sub- contractors, if any, assigned to perform the Services required under this Agreement. 4-
97 Consultant shall notify City of all changes in Consultant' s staff and sub- contractors, if any, assigned to perfonn the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub- contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re- assign staff from City, reassign such person or persons.
1.13 Independent Contractor.
A. Consultant is an independent contractor and not an employee of City.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. All Services provided pursuant to this Agreement shall be perfom1ed by Consultant or under its superv1s10n. Consultant will determine the means, methods, and details of performing the Services. Any additional personnel perfom1ing Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant' s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
B. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant' s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant' s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
1.14 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation ofConsultant, the Consultant Representative and employees were a substantial inducement for City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty- five percent ( 25%) of the present ownership and/ or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 5-
98 Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the " Schedule of Compensation" attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than Two Hundred Five Thousand Dollars ($ 205, 000. 00) ( the Contract Sum"). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.
2.2 Method of Compensation.
The method of compensation may include: ( i) a lump sum payment upon completion of the Services, ( ii) payment in accordance with specified tasks or the percentage of completion of the Services, ( iii) payment for time and materials based upon Consultant' s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum or ( iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit C. Reimbursable expenses may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual sub- contractor expenses of an approved sub- contractor pursuant to Section 1.14, and only if specified in the Schedule of Compensation.
2.4 Unauthorized Services and Expenses.
City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.
2.5 Invoices.
Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the 6-
99 Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.
City shall independently review each invoice submitted by Consultant to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Consultant to be paid within thirty ( 30) days of receipt of Consultant' s correct and undisputed invoice, except as to any charges for Services performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 6.3. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City of any invoice provided by Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.
2.6 Waiver.
Payment to Consultant for Services performed pursuant to this Agreement shall not be deemed to waive any defects in Services perfonned by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3 .1 Time of Essence.
Time is of the essence in the performance of this Agreement; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period( s) established in the " Schedule of Performance" attached hereto as Exhibit D and incorporated herein by this reference.
3.3 Force Majeure.
The time period( s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/ or acts of any governmental agency, including City, if Consultant shall within ten ( 10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer' s determination ( or the City Council' s detennination, in the event the period of enforced delay exceeds the period specified in Section
1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant 7-
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be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant' s sole remedy shall be the extension of the Agreement pursuant to this Section.
3.4 Term.
The Term of this Agreement shall be from the Effective Date through June 30, 2026 with three ( 3) one- year renewal options, unless sooner tenninated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 ofthis Agreement. Maximum term and any subsequent amendment or modification shall not exceed five ( 5) years.
ARTICLE 4. INSURANCE AND INDEMNIFICATION
4.1 Minimum Scope and Limits oflnsurance.
Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
A. Commercial General Liability Insurance with a mm1mum limit of 1,000,000. 00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000, 000. 00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, members, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
B. Automobile Liability Insurance for any owned, non- owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of 1,000,000. 00 per accident for bodily injury and property damage. IfConsultant does not use any owned, non- owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non- owned auto endorsement to the Commercial General Liability policy.
C. Workers' Compensation Insurance as required by the State of California and Employer' s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers' compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.
D. Professional Liability/ Errors and Omissions Insurance with minimum limits of $1,000,000. 00 per claim and in the aggregate.
4.2 Acceptability of Insurers.
The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest 8-
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edition of the A.M. Best Insurance Rating Guide. Self- insurance shall not be considered to comply with the insurance requirements under this Article.
4.3 Additional Insured.
The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.
4.4 Primary and Non- Contributing.
The insurance policies required under this Article shall apply on a primary noncontributing basis in relation to any other insurance or self- insurance available to City. Any insurance or self- insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant' s insurance and shall not contribute with it.
4.5 Consultant' s Waiver of Subrogation.
The insurance policies required under this Article shall not prohibit Consultant and Consultant' s employees, agents or sub- contractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
4.6 Deductibles and Self- Insured Retentions.
Any deductibles or self- insured retentions must be declared to and approved by City. At City' s option, Consultant shall either reduce or eliminate the deductibles or self- insured retentions with respect to City; or Consultant shall procure a bond guaranteeing payment of losses and expenses.
4.7 Cancellations or Modifications to Coverage.
Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days' prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Consultant shall, within two ( 2) Business Days ( as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
4.8 City Remedy for Noncompliance.
If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the tenn of this Agreement, or in the event any of Consultant' s policies do not comply with the requirements under this Article, City may either immediately tenninate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant' s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 9-
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4.9 Evidence of Insurance.
Prior to the perfommnce of Services under this Agreement, Consultant shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City' s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with the City Clerk.
Consultant shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two ( 2) weeks prior to the expiration of the coverages.
4.10 Indemnity Requirements not Limiting.
Procurement of insurance by Consultant shall not be construed as a limitation of Consultant' s liability or as full performance of Consultant' s duty to indemnify City under this Agreement.
4.11 Sub- contractor Insurance Requirements.
Consultant shall require each of its sub- contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.
4.12 Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnification of City.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials ( collectively " Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages ( collectively " Liabilities"), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub- contractors, materialmen, consultants or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement ofthe Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
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2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant' s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant' s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2. 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub- contractor or any other person or entity involved by, for, with or on behalf of Consultant in the perfonnance of this Agreement.
If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold hannless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether achial, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant' s sub- contractor, its officers, agents, servants, employees, sub- contractors, materialmen, consultants or their officers, agents, servants or employees ( or any entity or individual that Consultant' s sub- contractor shall bear the legal liability thereof) in the performance of this Agreement, including the lndemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the lndemnitees as determined by court decision or by the agreement of the Parties.
B. Workers' Compensation Acts not Limiting. Consultant' s indemnifications and obligations under this Article, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Article shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant' s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement.
ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION
5.1 Service Records.
Consultant shall keep, and require sub- contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder ( the " Service Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer 11-
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to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three ( 3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant' s business, custody of the Service Records may be given to City, and access shall be provided by Consultant' s successor in interest (" Consultant' s Successor"). If custody of the Service Records is given to Consultant' s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant' s Successor. The notice shall include contact information address and telephone number) for Consultant' s Successor, and access shall be provided to City by Consultant' s Successor.
5.2 . Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of Services to be perfonned pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Consultant shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
5.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials ( the " Consultant Documents") prepared by Consultant, its employees, sub- contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request ofthe Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/ or use ofuncompleted Consultant Documents without specific written authorization by Consultant will be at City' s sole risk and without liability to Consultant, and Consultant' s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All sub- contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
5.4 Confidentiality and Release of Information.
A. All infommtion gained or work product produced by Consultant in perfonnance of this Agreement shall be considered confidential, unless such information is in the 12-
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public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
B. Consultant, its officers, employees, agents or sub- contractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered " voluntary" provided Consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or sub- contractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of Consultant' s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub- contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite the. response.
ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 California Law.
This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event oflitigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
6.2 Disputes; Default.
A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6. 7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten ( 10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. 13-
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In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated ( provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set- off or partial payment of the amounts owed City as provided in Section 6.3.
6.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant whether or not arising out of this Agreement): ( i) any payment amount ofwhich may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, ( iii) all amounts for which City may be liable to third parties, by reason of Consultant' s acts or omissions in performing or failing to perform Consultant' s obligation under this Agreement, and ( iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub- contractors fail to maintain any required insurance in full force and effect, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.
6.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing, and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
6.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party 14-
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
6.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.
6.7 Termination Prior to Expiration of Term.
This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty ( 30) days' written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be a shorter time as may be detennined by the Contract Officer. In addition, Consultant reserves the right to tenninate this Agreement at any time, with or without cause, upon sixty ( 60) days' written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Consultant has initiated termination, Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of tennination without cause pursuant to this Section, the tern1inating Party need not provide the non- tern1inating Party with the opportunity to cure pursuant to Section 6.2.
6.8 Attorneys' Fees.
In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement ( whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorney' s fees on any appeal, and in addition the Party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 15-
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ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON- DISCRIMINATION
7.1 Non- liability of City Officers and Employees.
No officer or employee of City shall be personally liable to Consultant, or Consultant' s Successor, in the event of any default or breach by City or for any amount which may become due to Consultant or Consultant' s Successor, or for breach of any obligation of the terms of this Agreement.
7 .2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant' s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub- contractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the perfonnance of this Agreement.
No officer or employee of City shall have any direct or indirect financial interest in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given, and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Consultant and its officers, employees, associates and sub- contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant' s Services under this Agreement, including the Political Reform Act ( Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer' s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would require Consultant or one of its officers, employees, associates or sub- contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement. 7 .3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.
Consultant shall take affinnative action to insure that applicants are employed, and that employees 16-
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are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.
7.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of Services covered by this Agreement, and should the any liability or sanctions be, imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 8. MISCELLANEOUS PROVISIONS
8.1 Notices.
Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or pennitted under this Agreement shall be in writing and conclusively deemed effective: ( a) on confinned delivery by courier service or overnight delivery service during Consultant' s and City' s regular business hours; or (b) three ( 3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:
Ifto City
With a courtesy copy to:
Ifto Consultant:
Attn: Art Vela
Director of Public Works
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: avela@banningca. gov
Serita R. Young, City Attorney
Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: SYoung@rwglaw. com
Attn: Amir Ibrahim
Operating Unit Manager
Tetra Tech, Inc.
PO Box 911654
Denver, CO 80291- 1654
Email: amiribrahim@tetratech. com
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8.2 Interpretation.
The tem1s of this Agreement shall be construed . in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.4 Integration; Amendment.
This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and. cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
8.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a comi of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Mutual Cooperation.
A. City' s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant' s : proper performance of the Services required under this Agreement.
B. Consultant' s Cooperation. In the event any claim or action is brought against City relating to Consultant' s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 18-
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8.7 No Third Party Beneficiaries Intended.
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
8.8 Final Payment Acceptance Constitutes Release.
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant' s Services. Acceptance of payment shall be any negotiation of City' s check or the failure to make a written extra compensation claim within ten ( 10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub- contractors and agents for the accuracy and competency of the information provided and/ or Services performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the Services prepared by Consultant, its employees, sub- contractors and agents.
8.9 Non- Appropriation of Funds.
Payments to be made to Consultant by City for Services performed within the current fiscal year which are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant' s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant' s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
8.10 Headings.
The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
8.11 Word Usage.
Unless the context clearly requires otherwise, ( a) the words " shall," " will" and agrees" are mandatory and " may" is pennissive; ( b) " or" is not exclusive; and ( c) " includes" or including" are not limiting.
8.12 Business Days.
Business Days" refers to days that the Banning City Hall is open for business.
8.13 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that i): such Party is duly organized and existing, ( ii) they are duly authorized to execute and deliver 19-
112
this Agreement on behalf of that Party, ( iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and ( iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
8.14 Electronic Signatures.
Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party electronic signature"). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BANNING
Douglas Schulze,
City Manager
ATTEST:
Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:
Serita R. Young,
City Attorney
Date
Date
Date
CONSULTANT
NAME:
TITLE:
NAME:
TITLE:
Tax ID No.
Address:
Date
Date
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT' S BUSINESS ENTITY.
21-
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EXHIBIT " A"
SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing SCADA Maintenance and Advisory Services prepared in connection therewith:
II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
Exhibit " A"-1
115
RFP- 23-054
PROPOSAL
A. STATEMENT OF UNDERSTANDING AND APPROACH
Centrally located between Inland Empire and Coachella Valley, the vibrant City of Banning boasts a storied past entrenched in agricultural heritage and railroad development. Bolstered by abundant water resources and a diverse socioeconomic landscape, the City anticipates burgeoning growth in both commercial ventures and residential expansions . The city' s water and wastewater systems stand as testaments to meticulous planning, featuring sophisticated monitoring mechanisms and robust distribution networks engineered to cater to the current populace and future projections alike.
As the City concludes its upgrade to incorporate the technologies of ONSITE, Keywest Radios, and Opto22 PLCs, a strategic partnership is sought to uphold the integrity of the existing infrastructure while facilitating its seamless evolution. Tetra Tech is poised to serve as the steward of the city' s SCADA ecosystem, offering comprehensive maintenance solutions and invaluable advisory services to navigate the transition towards open and standardized technologies.
With a commitment to excellence, Tetra Tech pledges to furnish the City of Banning with actionable recommendations, strategic prioritization, and transformative modernization initiatives. Acting as the city' s dedicated SCADA advocate and an extension of its staff, we will deliver unparalleled design and review services that fortify operational resilience and elevate cybersecurity standards.
STAFFING EXPERTISE AND EXPERIENCE
Our team' s expertise and experience are foundational to our approach. We begin by assembling a dedicated team
of seasoned professionals that includes multiple State
Our team' s comprehensive understanding of SCADA
systems encompasses a wide range of industries,
ensuring we can adapt our approach to meet the specific requirements of the City of Banning.
of California registered engineers, SCADA/ Automation,
cybersecurity, and operational technology specialists - all with in-depth knowledge of SCADA systems. Our team has
over 170 years collectively working on water/ wastewater projects. As part of our team, we have included SOF FA
Electric who has been in business in Southern California for since 1972. Tetra Tech has worked with SOFFA
on SCADA projects for over 6 years and they will be
responsible for providing control panel fabrication and instrumentation support.
To kick- start the engagement , we will conduct an initial consultation and assessment phase. During this phase,
Mr. Amir Ibrahim, project manager, and the Tetra Tech
team of experts will engage with your team to gain
an intimate understanding of your existing SCADA
infrastructure . We will review schematics, programming, SCADA graphics, documentation, and interview key
personnel to assess the systems' current state and
identify areas that require support or improvement. This phase is critical for establishing baseline services and allows us to develop a comprehensive support strategy
tailored to your unique infrastructure.
Expectations / Deliverables:
A dedicated team of experts with a combined 170
years of experience
An assessment report outlining the current state of
your SCADA infrastructure
In-depth discussions and knowledge sharing with your
personnel to understand your operational context
City of Banning I SCADA Main tenance and Advisory Services Exhibit "A" - 2
TETRA TECH 3
116
CITY OF BANN IN G
IMPLEMENTATION PLAN & PROJECT
MANAGEMENT
We understand that proper project management is the
primary driver for organizing, deploying, and executing a successful project. Our project management approach
is based on defining the upfront requirements for the
task and then developing a scope of work based on the
requirements . Using the scope of work and provided
task order, we will then turnaround a proposal that will include the scope, our project approach, proposed staffing, materials , budgetary estimates , and a timeline for delivery.
Within our proposal we will also include what may be
needed from the City, assumptions, and risks that are
associated with the task . Prior to starting on any task, we will expect a fully executed task authorization . Once the authorization is in place, we will schedule a collaborative kick- off meeting to begin successful execution of the task .
During the execution of the project our team will engage in frequent communication to update management
and the assigned team on the status of progress.
These updates include identifying any technical issues, resourcing issues, scheduling , and quality issues . This allows for our team to adjust our approach without
sacrificing execution or quality .
Our project management philosophy is to act as an
extension of your staff with a focus on communicat ion , coordination, administration , and execution .
Task Order Implementation Process
Task Order
TASK 1 : Initiation
Receive request from the
City ; Review available
information and discuss with
City engineers and operators .
TASK S. Final Proposal
Work Plan
Based on QA/QC and team
input on Draft Proposal
documents and pricing
review, the final proposal
will be prepared and
submitted to the City.
2 Data
TASK : Research
Obtain and review documents
that are pertinent to the Task
Order, such as preliminary
investigations, due diligence,
and research .
S 6
Task Order
TA K : Authorization
Upon receiving task
authorization from the City,
Determine project schedule ;
Coordinate a project kick- off
meeting ; Manage staff to
begin project execution .
QUALITY ASSURANCE
Our team understands that a project is only successfully delivered when the product adheres to Tetra Tech ' s
internal quality standards . To ensure quality standards, each task is developed based on Tetra Tech SCADA,
electrical , instrumentation and controls, and cybersecurity standa rds and practices .
Additionally, each project and task are reviewed for quality, functionality, and conformity by the assigned QA/QC
engineer, Mr. Vincent Riviera, PE. In this role, Mr . Riviera will work closely with the development team to ensure
that Tetra Tech ' s development standards and protocols are being applied and put into practice . Additionally
prior to final product delivery to the City, we will hold multiple acceptance testing workshops with the City so
all stakeholders are able to quality check the functionality prior to final acceptance and deployment. Considering the QA/QC engineer reports directly to the project manager, management is always informed of quality concerns so
that corrective action can be taken immediately . This
allows for designs and products to be delivered to the
client error free .
TASK 3: Coordination
Coordinate with stakeholders
City engineers, staff, endusers , third- party); Perform job-walk ( if needed).
TASK 7 . Project
Implementation
Prepare plans, reports ,
estimates, specifications,
documentation and other
items as required in the SOW.
S
Draft
TA K 4 : Proposal
The program manager, task
manager, and selected team
will prepare a draft proposal
for review by internal team
and by QA/QC .
City of Banning I SCADA Maintenance and Advisory Servic es Exhibit "A" - 3
TETRA TECH I 4
117
CUSTOMIZED SOLUTIONS
Customization is the cornerstone of our approach .
Following the assessment phase, we will work closely
with your team to design tailored solutions that enhance the performance, reliability, and security of your SCADA systems. During this phase, our team will work closely
with Mr. Glen Rozak, PE, l&C engineer/ Engineer of Record, to develop a customized support plan that aligns with
your operational objectives and water industry- specific requirements .
The customized support plan will include a detailed
roadmap for the implementation of our services . It will outline the specific strategies and methodologies we will employ to address the identified areas of improvement
and support.
Moreover, it will provide a timeline for the various phases of our engagement, ensuring a structured and transparent approach to our services.
Our team is committed to flexibility . We understand
that your infrastructure may evolve over time, and our
solutions will adapt accordingly . Regular communication and feedback loops will be established to ensure that
our customized support remains aligned with the City' s evolving needs .
Expectations / Deliverables:
Develop customized support plan tailored to your
SCADA infrastructure aligning with operational
objectives . This could include value- added services
described in Section V.D of this proposal.
Recommend a roadmap outlining strategies ,
methodologies , budgets, and timelines
Regular communication and feedback mechanisms to
facilitate ongoing alignment
SECURITY AND COMPLIANCE
Security and compliance are paramount in the realm of
SCADA. Our commitment to securing your infrastructure
starts with a comprehensive security audit. We
will implement a robust cybersecurity framework
encompassing access controls , data encryption ,
intrusion detection , and regular security audits to identify vulnerabilities .
Our compliance expertise further provides you with
assurance of regulatory adherence , making certain your systems are aligned with industry standards .
RFP- 23-054
Our team of cybersecurity experts, including David Espy CISSP, are well- versed in standards and guidelines from the AWIA, NIST, ISA/IEC 62443, DoD, and others . They will work diligently to ensure that your infrastructure complies with these requirements. This includes the implementation of necessary policies , documentation , and procedures to maintain a high level of security and compliance .
Expectations / Deliverables :
Creation and implementation of a robust cybersecurity
framework
Documentation of policies and procedures to maintain
compliance with relevant industry standards and
regulations
Regular security reports highlighting vulnerabilities
and recommended actions
24/ 7 SUPPORT AND RESPONSE
Continuous monitoring and rapid inc ident response are
fundamental components of our support services. We
will assemble a dedicated team comprised of Mr. James
Pham, technical manager, Mr. Barry Kent, EIT, controls
engineer, and Mr. Joseph Delgadillo , software engineer, on a rotating basis to provide 24/ 7 standby support. Your operations personnel will be able to swiftly contact a
team member by phone ( within a 30 -minute window) for
immediate troubleshooting of an operational issue .
If needed, we will be on -s ite within 4 hours to work
with your team . We will also implement monitoring that includes automated alerts, proactive threat analysis ,
and immediate incident response protocols . Our goal is to minimize downtime, prevent potential breaches, and
ensure the continuous operation of your critical water
infrastructure .
In the event of an incident or anomaly, our team will be on standby to respond swiftly and efficiently . Our incident response protocol includes a predefined escalation
process, communication plan , and mitigation strategies to reduce operational impact. Our aim is to provide you with peace of mind, knowing that your systems are monitored
and protected .
Expectations / Deliverables:
24/ 7 maintenance support and response for SCADA
systems needs
Rapid incident response with predefined escalation
procedures
Regular incident reports and post- incident analysis
City of Banning I SCADA Maintenance and Advis ory Servi ces Exhibit " A" - 4
TETRA TECH 5
118
TRAINING AND KNOWLEDGE TRANSFER
Empowering your team is a core principle of our support services. We believe in equipping your staff with the skills and knowledge required to effectively manage, maintain, and troubleshoot SCADA systems. To achieve this , we will work with your team to identify systems and technologies that the operations and technical staff need additional knowledge transfer and training on. We will then develop and submit an outline that will focus on bridging the
knowledge gap. Once the outline is approved, we will
develop training material which includes operations and maintenance { O& M} manuals , step- by- step instructions and how- to videos that will be used as a basis for our training sessions.
These hands- on training sessions will be tailored to your team' s needs and will include educational resources and documentation. Our goal is to facilitate knowledge transfer, ensuring that your personnel can confidently handle day- today operations and respond to common issues .
Expectations / Deliverables:
Hands- on training sessions and educational resources
for staff development
A knowledge transfer plan outlining ongoing training
and support
COST- EFFECTIVE SOLUTIONS
We understand the importance of fiscal responsibility .
Our pricing structure is designed to provide transparency , ensuring there are no hidden fees or unexpected costs . We will work with you on developing task orders that include services that are absolutely needed . Additionally, with our comprehensive rate structure and classifications we will identify the appropriate professionals that will address your needs, but that are also cost effective . Our services are customizable, allowing you to choose services that
align with your budget while maintaining the highest level of service , quality, and performance .
Rf"P-73-054
Mr. Ibrahim and Mr. Pham will work closely with you to
optimize costs while maximizing the efficiency of your
SCADA investments . This includes regular reviews of your support plan to identify areas where cost savings can be achieved without compromising the quality of service .
Expectations / Deliverables:
A clear and transparent pricing structure
A cost- effective support plan that aligns with your
budgetary goals
Customizable services and solutions with options/
alternatives that fit your budget
COLLABORATIVE PARTNERSHIP
Our engagement with the City of Banning is viewed as a
long- term partnership built on trust , collaboration , and responsiveness . We are dedicated to adapting to your
evolving needs, remaining at the forefront of technological advancements, and continuously enhancing our support
services to meet the dynamic demands of your critical
infrastructure.
To foster collaboration and pivot with any fluctuation
in service needs, schedules and transition plans will be developed together once a task is assigned. We will also establish regular communication channels and feedback
sessions. These sessions will provide an opportunity for both teams to exchange insights, address concerns, and
ensure alignment with the City of Banning' s evolving
requirements . Additionally, periodic reviews of our services will be conducted to ensure satisfaction and identify areas for improvement.
Expectations / Deliverables:
Building a lasting and cooperative partnership
Agile response to changing requirements and
challenges
Regular reviews and feedback sessions to ensure
satisfaction and continuous improvement
119
CITY OF BANNING
B. COMPANY INFORMATION
TETRA TECH, INC.
Founded in 1966 in Pasadena,
California, Tetra Tech has attracted the
best and brightest minds in science
and engineering, always focused on
delivering innovative solutions to our
clients' most complex needs.
Today, Tetra Tech is a leading provider
of consulting and engineering services
with more than 28, 000 associates
located in 550 offices worldwide.
Our reputation as a leader in the
engineering industry, developing
effective solutions to constantly
changing, complex engineering
challenges, is backed by consistent
accolades. Tetra Tech has led the
industry in electrical and control
systems and SCADA designs for more
than 35 years . EC& M magazine ranks
Tetra Tech 4t h among the largest
electrical and controls engineering
groups in North America.
Depth of Resources . Our loca l team
we propose for this work is backed by
over 1,300 SCADA professionals, with
over 80 of those subject matter experts
SMEs) based locally in California .
Additionally, Tetra Tech has more than
275 municipal infrastructure experts
located throughout California and a
comprehensive library of complete in -
house resources that will address any
task requested .
Tetra Tech understands the key
deliverables for this contract. Our
familiarity is key to ensuring the
highest uptime and availability of the
City of Banning' s infrastructure .
Our staff is familiar with the City ' s
SCADA system and has decades of
experience designing complex control
system for these, and other facilities
gives Tetra Tech the breadth and
depth of knowledge to evaluate your
SCADA systems against best practices,
develop effective and robust solutions,
and provide the documentation,
training, and support necessary to
allow your staff to utilize your SCADA
system to its fullest capacity.
MEETING YOUR GOALS
The Tetra Tech team provides digital
water turn- key solutions from planning
to O&M. Our capabilities span the
total project life- cycle, allowing us
to develop and execute long- term
strategic solut ions to increase
operational efficiencies .
BUILDING ON PAST
EXPERIENCE
Tetra Tech' s technical manager
James Pham has over three years of
experience working with the City of
Banning on the latest rounds of SCADA
Upgrades and provided 24/ 7 On- Call
SCADA Support Services through his
previous employer . Mr. Pham and his
team worked closely with operators and
City staff throughout the coordination
process of site installation, site
acceptance testing , designing HMI
graphics , and 24/ 7 support .
Our team of experts also includes
Greg Conley, one of the principal
software architects of the ON SITE
SCADA DCS product. Tetra Tech ' s
proposed team will provide the City a
partner who has a zero- learning curve ,
is well- versed in your SCADA system
and design standards , and will deliver
the quality integration and support the
City expects .
City of Banning I SCADA Maintenance and Advi so ry Servi ces Exhibit "A" - 6
3,500+
SCADA Projects
across the
Country
Local W/WW
Municipality
On -Call Rosters
25+
DEPTH OF INTEGRATION
ENGINEERS
Locally 80+
1,300+ Nationwide
tttttttt;Atttfttt
SOUTHERN CALIFORNIA
PRESENCE
r.\ 8 offices to +
serve the City
of Banning
TETRA TECH I 7
120
RFP- 23·054
TECHNICAL CAPABILITIES AND SERVICES RELEVANT TO SCOPE OF WORK Tetra Tech' s capability within the water sector is
renowned, and that includes SCADA support and
maintenance. Our well -rounded, multi- discipline team
covers all aspects of the technical skills required for administering, maintaining, and supporting the City of
Banning ' s Water and Wastewater SCADA system . As
shown by our experience and team member bios, our
expertise covers technical aspects such as SCADA, OT,
cybersecurity, communications, and control systems
design. Our teams ' experiences with peer utilities across Southern California along with in-depth knowledge
of industry best practice, vendors and products,
cybersecurity guidance, and the regulatory horizon , ensure a well- rounded , non- biased viewpoint to support and
provide project planning to modernize the City' s SCADA infrastructure.
Tetra Tech is an experienced multi -discipline engineering firm that has decades of experience designing,
implementing, and supporting municipal SCADA systems
across the globe .
TETRATECHBACKGROUNDSNAPSHOT
This requires Tetra Tech to be vendor independent and,
through this requirement, our staff has become SMEs with every major operational technology software and hardware platform on the market .
Our team ' s experience , coupled with our understanding of the City of Banning ' s people, processes , and technologies support the intelligent development of recommendations
and an implementation plan that will include a road map to improve processes , optimize operational efficiency, reduce costs, and manage risks .
TETRA TECH, INC.
Business Entity Status : C-Corporation
Tetra Tech is independent of the
City as defined by the U.S. General
Accounting Office' s Government
Auditing Standards ( 1994).
I < i) 8 offices to
0 serve the City
of Banning
t;\ CORPORATE ~ EADQUARTERS
i' 3475 E. Foothill Blvd . ·
f'~ Pasadena, CA 91107
626 .351 . 4664
ft Primary Point of Contact
T Amir Ibrahim
f' ,~ Amir .lbrahim @tetratech.com
760 .216.41 22
Delaware
Corporation
COMPANY HISTORY
35+
Developing SCADA
Design, Implementation &
Years Cybersecurity Strategies ~
170+ Combined Team' s SCADA
Experience
Years
City of Banning I SCADA Maintenance and Advisory Services 0 ES
9 Exhib it "A" - 7
CORPORATE
HEADQUARTERS
Pasadena, CA
i)
0° 0 ~ CITY OF
Oo ~ BANNING
0 0
TETRA TECH 8
121
EXHIBIT "A"
COMPANY STABILITY
Tetra Tech, Inc . is publicly held and traded on the NASDAQ Exchange ( symbol : TTEK). Since its initial public offering , the company has grown substantially, expanding its
markets, services, and clientele through internal growth and global acquisitions. Our revenue for FY2023 was more than $ 4.5 billion, and we ended 2023 with a strong line of credit to support future growth and expansion .
Tetra Tech has provided a response to the following
requests per the Request for Proposal :
Default or Termination On Agreements
Tetra Tech has not defaulted in its performance on an
agreement during the past five years which has led the
other party to terminate an agreement.
Pending Litigation, Liens or Claims
Involving Your Organization
In the normal course of business, Tetra Tech , Inc. is
subject to certain claims and lawsuits typically filed
again st the engineering and consulting professions ,
including contractual disagreements, workers'
compensation, personal injury and other similar lawsuits.
Tetra Tech maintains insurance coverage for its business and operations , subject to certain deductibles and policy limit s against such claims. As described in Tetra Tech ' s most recent quarterly and annual reports filed with the U.S. Securities and Exchange Commission, Tetra Tech
believes that th e resolution of any such claims will not have a material effect on its financial position or results of operations.
Bankruptcy
Sinc e inception, Tetra Tech, Inc . has never filed
for bankruptcy .
TETRA TECH I 9
122
RFP- 23- 054
C. COMPANY PERSONNEL
Our project team is led by Tetra Tech and supported by SOFFA Electric for panel fabrication and instrumentation support on an as- needed basis. Proposed key professional staff are properly licensed to practice in California.
Biographies of our key and highlighted team members include current position , experience , and applicable professional credentials are provided on the following pages .
COLLABORATIVE AND EXPERIENCED TEAM
The success of this project depends heavily on the skills and experience of the team members and team leadership.
Therefore, we have selected a project management team and key technical leaders with extensive experience delivering integrated SCADA system planning and implementation across the US. Our team of national leaders continually push the industry toward new and modern solutions utilizing science and state- of-the- art technologies. Our collaborative team is committed to developing a successful SCADA Implementation Plan and is organized around providing maximum value to the City, providing:
0 Local and experienced Allen- Bradley, Keywest,
Opto22, and ONSITE experts
0 A team comprised of cyber and
operational technology experts
Denotes Key Personnel
12:J A cohesive team that has experience
delivering quality projects together
J Innovative professionals who develop
cost- effective solutions for our clients
Amir Ibrahim
t M: 1: 11¥1 -;;;;;.;; • 1····-···!·-· ....
James Pham i Glen Rozak, PE
1··•··•········ ..
I I
Cybersecurity/ OT Software Engineer Controls Engineers
I
ONSITE Specialist Electrical Systems
Panel Fabrication /
Instrumentation
Jonathan VanDerZee,
GICSP Joseph Delgadillo
24/ 7 Support Team ~
James Pham Barry Kent, EIT
Joseph Delgadillo
QA/QC
Vincent Rivera, PE David Espy, CISSP
Daniel
Delgadillo, EIT
Barry Kent, EIT
Greg Conley Craig Barnes, PE
ATEAM YOU CAN TRUST!
The above organizational chart identifies
the names and responsibilities of the
project staff and depicts our proposed
communication/ reporting structure.
City of Banning I SCADA Maintenance and Advisory Services Exhibit "A" - 9
Atrusted Tetra Tech project
partner for over 6years
TETRA TECH 10
123
III. In addition to the requirements of Parts I and II of this Scope of Services, during the perfonnance of the Services, Consultant will keep City appraised through periodic status reports regarding the perfonnance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/ or teleconferences.
b. Email updates/ questions to applicant team and City while reviews are underway.
c. Conference calls.
IV. All work product is subject to review and acceptance by City. Ifthe City determines that any work product is unacceptable, for any reason, it must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.
Exhibit " A"- 10
124
EXHIBIT " B"
SPECIAL REQUIREMENTS
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute " public works" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1 "). Further, Consultant acknowledges that this Agreement is subject to ( a) Chapter 1 and ( b) the rules and regulations established by the Department of Industrial Relations DIR") implementing such statutes. Therefore, as to those Services that are " public works," Consultant shall comply with and be bound by all the tern1s, rules and regulations described in l(a) and 1 (b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725. 5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725. 5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771. 4, Consultant' s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773. 2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR detennination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit 200. 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as detennined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
Exhibit " B" -1
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125
8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.
Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777. 1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777 .1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day' s work.
Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $ 25. 00 for each worker employed in the perfonnance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one- half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the perfonnance of the work of this contract."
Date ______ Signature ___________ _
Exhibit " B"- 2
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12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor' s compliance with Chapter I and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including, without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
Exhibit " B"- 3
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127
EXHIBIT " C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (" Tasks") at the following rates as attached as Exhibit C-1 :
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub- budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved sub- contractor labor, supplies, equipment, materials, and travel properly charged to the Services.
Exhibit " C" -1
128
EXHIBIT " C-1 "
CONSULTANT' S BILLING RATE AN D TASK SCHEDULE
PRI CE PROP·OSAL
BID AMOUNT: $ 205, 000
BREAKDOWN OF HOURS, COSTS AND FEES
The hre a · own of hours, cost:; .and fee s are an estima e base d solely on e scope puhlished in RFP- 23-0 54. The fina l fee ,,...ill be s ubm itted to the Citi/ of Ba11ni11g pon forma i:z.a · on of the Sco pe of Ser" ce and Compensat ion Standards Coordination with City Staff and Vendors
Fee : $37, 750 Staff Hours
The p mary obj ecti', e is to es ahhs a rohus frame work fo reffect e collaborat io11 between the project team, citil sta , and extemal ve11dors . This en aiIs the deovelopment and adherence to industry standa rd s and hest prac ce :; 111 the ream of Operation Techn ology tOT), lndu st al
Control Syste ms ICS ), and Supe sory Con trol and Da ta Acquis i ion (SCADA ). The as · ,,...iIdeline a e the s pecifi c sta ndards that will govern the proje ct, encompass ing cybers ecu tf, mtero perab Itf, a11d oom pl anee Wi th
rele•,ant regula ons . City staff w1I play a crucial ro e in th is proc ess, contr ibu ng their ,experti :.e and in~ ghts o en:rnre alignmen ,,..,.ith mun icipal goals and requiremen :.. 0 I Spec1al 51
mtc t1on <: p --1a'1~r ~•
Automat,on <'pEC1al1~t Il l
S.Jltwari' Sp Cid l~t Il l
l&.Cfnginee r N (:- neer cf R_ rd)
O'·ISI I :-Aurorm 11cn S ;:1:: i,1li,1IV
l&.CE-ngi • r IV
Proje,::l M:i g r
Total ttou ro
Develop and Ma intain SCADA/ lndustrial Controls Standards 152
Fee: $ 37, 750 Staff Ho~ s
The proj ect team will underta ke the res pon:. ib I of de.eloping a set of rohust, indu str1-specifi c stand ards th a align with be :; pra ctices and regu atory requ reme nts This inc ude:; defi 11 ing protoco ls, oommun cation
sta ndards , cybersecuritiJ measure:;, and iflterope rab Iity guideline:; tai red o the unique needs of the O /ICS/
S·CADA enviro nme11t Col labora i·,e effo ns v.•ith rele\lant stakeho Ider:., industry -expert s, and cny staff wiII be emphasized to ens ure hat the developed standards
rem n current, effe c Ye, and in com pliance w h he atest advance ments and regulator/ framework:..
or s . ciali'.;t
UlJm.:ilion Spec l5t IV
Aulorn lion Sp cial15l 111
llware Sp al i;t Ill
l&. C E-ng1 • r IV { i- n erof , eoo rd )
l'~SII ~ .~utc m t1o r1 sp--::1dh~1IV
l&C f- ng1 :.'Er IV
Prcjecl M,1n,1g;-·r
Total Houm
Ex hibi t " C -I "-1
I I303-0008\2344655v8.doc
50 74
74 L
0 152
129
lff·2HS4
SCADA Infrastructure Maintenance
Fee: $ 10 ,870
The pro·ee1 team II out! ne a comprehens i·ile ma ntef\ilr.ce plan that er.compass,es rout ine inspection s, ooftvtare Staff Homs
u~ ates, llardwa re upgrades , ar.d proact i•,e measures to OI Sp• ciali, I 4?
ensure the continuous and reliable operation of the SC ,6.DA Pro_ jec t Man,;; ger ; system w hin the ICS emironment. Spealic tasks may Total Hou: rs 44 nclude regular sys temhealth checks, cybersecurity ai..ilits , ------------------- and performance assess ments to en r and address .any
vtilner.abir s or ineff icteoc ies promp y.
On- Call SCADA Troubleshooting
Fee : $ 14,890
The project team will mainta n .a 2 . f1 on-call support structure, ensuring rapid response times to mitigate
potent ialdisrupt1ons to tile Sc.ADA em ironme nt.
Functiona l SCADA Enllancernents
Fee: $ 38, 5 10
The p(imary objecti•o'e1s to defir.e the speci capabi · es and operationa lfea re:. ha lhe SC.ADA sys emmus e:i:h bit to mee t eneeds of the C ' s ICS err ronmen Tetra ech YiI
as:sas in deta ling us,er interfaces , da .a ·.iisua izatJon tools , and report ing mechanisms toensure effe - e malla~ ment and mrersighl of a_. cal infrastructure oomponen s Tile pro ·ec1 team aims to a i~ stakeoolder expecta ns , faci iate e ecti-..-e commun ication, and guide the de·;relopment of a ro buGt aOO f1S1ct ana l SCADA sy~em ta ilored to the { s unique r.eeds
Staff Ho..-s
or Sp,r-cia,list
u1:Jrna1ion Spec1a 11;t IV
lm1 :Jrna1ior1 Spec ial15t 111
S:i ltware Spea .al 5t Il l
0 '·lSlf ~.ti.ulr..m at,on Sp ~1ali ~1r.'
Prc-ject M•nag,;;1
Total Hours
10 10
10 10
i
60 Staff Holl'!
0 I S • · ia.li~1
ul:imation Speer.al st IV
i!,.ut:Jm~tio Sp c1.al 5111
Soilwa re Special sl Il l
l&C I- g1 ~:r IV (r ~ine of ord)
ONSII f-. ti.ulcma ton ',pfCld ,~ IV
l&C f-ng1n"'rr IV
Cl I S i:':i ·· li,1l'o/
rc-j 1 1.~an ~ r
Total Hollrs
46 L
4 16
154
Exhib it "C -I "-2
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130
CllY OF BMNNG
Ins trumentation Troubl eshooti ng Support
Fee : $ 12, 080 ,
The proj ect team in udes Im.trumentation Spe lists
subcons utant SOFFA) to pro· de any fie d
instrume ntation support. e fee 1s estimatt>d at
appm mately S11,500 forim;trumen ation support p us
two I-lours of project management time
Maintain Exist ing Docume ntation
Fee : $ 23 ,950
The i>roject team will le.ad or assist in he regular re•,iew, re•,ision, and verifica on of e.xisting documentation,
incl uding but not limited to sys emarch ec ure
diagrams, user manuals, configura on fi s, and standard opera ing procedures . This tas ka ms to ensure that all documentation rema 11s aocurate, Uf)-to-,da e, a1od readily acoess ble, ttlere by enhancing the system':; reliabi iti/, facilitating troub leshoo i11g processes , and promo i11g a oompre he11si·.re unders a1od "9 of ttle SCADA infrastru ctur,e amon g relevant sta eholders
Cybersecurity & Enhancements
Fee: $ 19 ,9 50
The pro ·ec team will de .ail r;pecific cybersecurity measures, protocols, and en'1ancemen s aimed at safe ~ ardill!J
critical infrastructure against poternialthrea s h-r; may nclude the mplemen a tcm of advanced 1ntrus io1o de ectton systems, regular ·~ulner.ability asses sments, and ttle enforcement o robust access control::
Travel
Fee : $ 5 ,000
Tra•,el cost 1s estimaled with no markups .
Staff Hours
ln~t rnen tJ. I0n Spee IaI1~t
Pmj .cl MJ.n ... ger
Total Hours 2
Staff Hours
or s . cio1li , 1
i.u1orna1ion Specra lis.1. IV
ti.u1orna 1ion Spec@l15, 111
hw· re Speo al i;. II
l&C t-ng, . er ri ff neerof , ccrd )
l '·lSl l ,. ti. ul atIon ~ p .. ~1.ih~1l\/
l&C t-ng1 . er IV
Project M" nage r
Total Hollrs
lo
lo
lo
4 4
96 Staff Ho1. n
0 I Sp-eci li :;1 46
DI :; . cd ~ l 111 ? 1..
0 r Sp,ecia.fi:; l IV 6
Pmjecl M· nager 7
Total Hours 76
Exhibit "C -I "-3
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131
CITY OF EW91NG
STANDA.R D HOUR LY Bllll~GRATES AND EXPENS' E REJMBURSBMENT SCHEDULE 0 E: Rales are •,alidfrom Sl l /2024 through4/30/2025
CITY Of BANNING SCADI\ ON- 0.Ll HOURLY RAlli Standard Ollertrme Premrum Automa lio 11 Spec i11li~ IV (includes m~SITE specialist ) $ 26 5.00 Automalion Speci11li!: t Ill $ 230 .00
uton1111ion Spec i11li!: t II SI 95 .00
Automalion Speci11li!: t I Sl7O . OO
Softwa re Engineer IV $ 270 .00
Software Eng ineer Ill $ 230. 00
Software Ellgineer II $ 195. 00
Softwa re Engineer I Sl 7O. OO
l&C E11gi11et>rIV ( l&C Engineer rEng ineer of ecord) $ 290 .00 l&C EngineerIll S2 65 .OO
l&C Eng inee rII $ 230 .00
l&C Enginet> rI Sl95. OO
Instrum entati on Specialist (~ ubconsult ant SO FFA.)· $ 18 5.00 S277 .50 $ 350. 00 Electrioi l Engineer IV S29O.OO
Electri cal Engineer Ill S26 5.OO
Electrical Engineer II S23O. OO
Electrical Engineer I Sl 95.OO
OT Spec ialist IV S29O. OO
OTSpecial" st Ill $ 2 65.00
OTSpecial" st (Te-chnicalManager) $ 245. 00
QA/QC Eng ineer $ 265. 00
Drafting II Sl 35. OO
Draftin g I SI 10.00
Proj ect MaMger $ 290. 00
J. rne f-re1.:nro ~•' 2.:ibo""sr,.,r,\lreM01n li>.edfo.r ¥e,ir rrs.,•Nie14 -4'1Jili1Q25 .' aftne~= nr, uruo..s,i'&.,ma.ll)•aMet1d•db:,•t1;1eG l-ilRlaq;t."Srmenl'.5 ro rt.I?~. sa;,ec~ 1',;, "' ill be lll!!_ g<!>Mt. 0 .:ic ,~e ~-. 1,1,,19of ,;uct, A_!in!ero!' n! year, 1i:ro1ectID a palllbi'ema.r)MuM ,nr.reaU? oa1cl'.l' ,11 tne ,\Jml ronsu111er ~'-" c IM;!.• ,•(J\' 1 .r.ice . l!aC!! 1,1m-ruesw.illbemliM,~edto rhe Gtyforw,,;rrc11 ~,, n•a,\ar.i!l< CD gC<; filg 1nr! l' effect.
2. fiw11c1' r,i111eaoo'ro,rm'Obe !,,ilJed IOlhe Ocy. C.00(9!!! 1m'!liccl'.l' rJ> tl1'!! Ci~/ (I.I' rl.:ive,1. l!lll'gm9 onasLtl!,UCP..JMi? w• be bi _ d acco1 arx/-,,, ·,11norexceed rhe cur.ren h;t.S rac::i.s .
l fner,1 w11\'!,,;, a M'O;~our= mum .~oorg!! fo.rem&,! j'c\11:'/ c,r;//-;. recra 7llr rores fo.r €\' D!!tg.111:'/ ca,1/; 0,1dafrer-.iour; war~· will be Cl; ledac rile scarx/ard no~·.r,~· nrreI l'r,1·no Ml'.lnrup.
Or,, s1ce =•~ wih'!>;> cll!rrgedan;,rnm~ma(J ,~our~
5. , li'e'l'lore ">:Jft -,1',\Inor1,.,..., a Ml'mMl'.fm ,'ioL'! cll!r!Q•-
6. Ali' mare.•n:1,~ purdio1ed d;I, a!e d.;P.!Cr,1 n;1\;,too co !!'le llCII'~ w11\'be piz -awroved by r,~eGcy,md.t,·,11e.o arrose ~l:r! a , 5 n;<1n\u,CI l. , ln>Jl'.TLl'T.l!!n!!rllOn S;:,?cra ,h rrares w11\'l>e bu\'ed ro rr.i;, Ci /! rHletoll'~dl:\!I~. plL'Sa 15 ll'lGTtL•p :
Srona! rrdR.: i~·Moo! ll:J,• - f,i,rJ,J~-.- on; 7:00 A.W ID 5-00 P.1.4' 0-,'e'!rlJ1E R,!I!e: ,~iond,r/- F1,i!ll:J,• O.ftcl" HJC! PM, 5ar~1•d,:,y 7:00AM ro 5.00 PM, orfor t;\~Lri i',1 £>.( EH at51;\ oo ,~ perC!r/ cm1u111 P!Ile: Socurn',r1-s after5:00P,V. or.-~ any .OOl'.ln ">:J ,...-edimScmdo)'l w.l!I (~ra.11'10111:l!l")'l Ex hibit " C -l "-4
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132
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with the schedule defined by City.
II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
Exhibit "D" -l
133
Exhibit " D-1 "_
I
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134
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Shah Nawaz, Deputy Water/Wastewater Director Art Vela, Director of Public Works
MEETING DATE: October 13, 2026
SUBJECT: Consideration of Resolution No. 2026-07 UA Approving Amendment No. 4 to the Professional Services Agreement with Hazen and Sawyer for the Well C-8 Project, Extending the Agreement Through December 31, 2026.
STAFF RECOMMENDATION:
Adopt Resolution 2026-07 UA
BACKGROUND:
In 2018, the City identified the need for a new municipal production well, designated as Well C-8, consistent with the City's Integrated Master Plan. Following a competitive Request for Proposals (RFP 18-012), the City selected Hazen and Sawyer to provide geohydrologic and engineering services for the planning, design, drilling, development, and equipping of Well C-8. The original Professional Services Agreement was approved by the Banning Utility Authority through Resolution No. 2018-13 UA on September 10, 2018 in the amount of $671,296, plus another $25,000 in contingency.
As the project progressed, the agreement was amended to address changes in the well location, project schedule, regulatory requirements, and additional engineering and construction-related services. The history of the agreement and amendments is summarized below:
Original Agreement: Hazen and Sawyer was retained following RFP 18-012 to provide geohydrologic and engineering design services for Well C-8. The project was initially anticipated to proceed through construction by approximately June 2020.
Amendment No. 1: Approved through Resolution No. 2019-02 UA, Amendment No. 1 modified the scope of services to evaluate alternative well locations before proceeding with final design. The amendment also extended the agreement and increased the contract amount to $738,383. The additional siting work ultimately became significant because, after completion of the original siting study, the City identified a new well location in 2020, requiring Hazen and Sawyer to confirm the site's viability and prepare a revised well siting study and conceptual layouts.
Amendment No. 2: Approved through Resolution No. 2022-11 UA, Amendment No. 2 addressed additional project management effort, billing rate increases, new South Coast Air Quality Management District (SCAQMD) air-quality modeling requirements, and additional well-siting work. The amendment extended the agreement through June 30, 2025, and increased the total contract amount to $884,683. During this period, Hazen and Sawyer also completed the project's environmental documentation, including the Initial Study/Mitigated Negative Declaration (MND) process, which took about ten months longer than originally anticipated; the final MND was 135
submitted in July 2022, and County filing assistance continued through October 2022.
Amendment No. 3: Following advertisement and award of the well drilling work, construction of the well began in April 2023 and was substantially completed in December 2023. During drilling and development, additional engineering and hydrogeologic support became necessary due to field conditions and contractor-related drilling and testing issues. Accordingly, on March 12, 2024, the Utility Authority approved Amendment No. 3 through Resolution No. 2024-04 UA. The amendment added services for project management, geotechnical investigation, drilling inspection, aquiferzone testing, chemical and pump development, well testing, and disinfection. Resolution No. 2024- 04 UA authorized an additional $30,406.22, established the contract not-to-exceed amount at $915,089.22, and extended the agreement through June 30, 2026.
After completing well drilling and development, the project advanced to the well equipping phase, including mechanical, electrical, controls, site, and related improvements needed to place Well C-8 into municipal water service. The project is currently approximately 80% complete. The primary remaining work includes energizing the electrical service, installing the standby diesel generator, programming and SCADA integration of the variable frequency drive (VFD) and associated controls, and final startup and commissioning of the well.
The current Hazen and Sawyer agreement expired on June 30, 2026; however, construction and commissioning activities remain underway. Proposed Amendment No. 4 does not add scope or compensation. It would extend the agreement through December 31, 2026, allowing Hazen and Sawyer, as the project's Engineer of Record, to continue providing engineering support through the remaining construction, startup, commissioning, and project closeout activities.
JUSTIFICATION:
Although construction is nearing completion, continued engineering support from Hazen and Sawyer is necessary through the remaining construction, startup, commissioning, and project closeout activities.
The current agreement expired on June 30, 2026. Amendment No. 4 will extend the agreement through December 31, 2026, allowing Hazen and Sawyer to continue supporting the City through completion of the Well C-8 Project.
No additional compensation or change in scope is requested as part of Amendment No. 4. The amendment is limited to extending the contract duration, and all other provisions of the agreement remain in effect. Maintaining Hazen and Sawyer through completion will provide continuity of engineering services and allow the City to efficiently address remaining construction, controls integration, startup, commissioning, and closeout activities.
FISCAL IMPACT:
There is no additional fiscal impact associated with Amendment No. 4. The existing contract amount of $915,089.22 remains unchanged, and no additional appropriation is requested as part of this action.
ATTACHMENTS:
1. Resolution_2026-07UA.docx
2. Amendment No. 4 to Design Services 8.3.26.docx
3. UA Resolution No. 2018-13 (for refrence purposes only).pdf
4. UA Resolution No. 2019-02 (for refrence purposes only).pdf
5. UA Resolution No. 2022-11 (for refrence purposes only).pdf
6. UA Resolution No. 2024-04 (for refrence purposes only).pdf 136
Resolution 2026-07 UA
RESOLUTION 2026-07 UA
A RESOLUTION OF THE UTILITY AUTHORITY OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO DESIGN SERVICES AGREEMENT C00409 WITH HAZEN AND SAWYER FOR THE WELL C-8 PROJECT TO EXTEND THE TERM THROUGH DECEMBER 31, 2026.
WHEREAS, the need for a new municipal production well, identified as Well C-8, was identified in the City of Banning Integrated Master Plan, and the City subsequently solicited proposals for geohydrologic and engineering design services for the project; and WHEREAS, on September 10, 2018, following a competitive Request for Proposals (RFP 18-012), the Utility Authority approved Design Services Agreement C00409 with Hazen and Sawyer through Resolution No. 2018-13 UA to provide geohydrologic and engineering services for the planning, design, drilling, development, and equipping of Well C-8, in the amount of $671,296, plus $25,000 in contingency; and
WHEREAS, as the project progressed, the Agreement was amended to address changes in the well location, project schedule, regulatory requirements, and additional engineering and construction-related services; and
WHEREAS, Amendment No. 1 was approved through Resolution No. 2019-02 UA to modify the scope of services to evaluate alternative well locations prior to final design, extend the Agreement, and increase the contract amount to $738,383; and WHEREAS, Amendment No. 2 was approved through Resolution No. 2022-11 UA to address additional project management, billing rate increases, new South Coast Air Quality Management District (SCAQMD) air-quality modeling requirements, and additional well-siting work, extending the Agreement through June 30, 2025 and increasing the contract amount to $884,683; and
WHEREAS, on March 12, 2024, the Utility Authority approved Amendment No. 3 through Resolution No. 2024-04 UA to provide additional project management, geotechnical investigation, drilling inspection, aquifer-zone testing, chemical and pump development, well testing, and disinfection services required during drilling and development, increasing the contract amount by $30,406.22 to a not-to-exceed amount of $915,089.22 and extending the Agreement through June 30, 2026; and
WHEREAS, following completion of well drilling and development, the project advanced into the well equipping phase and is currently approximately 80 percent complete, with the primary remaining work consisting of energization of the electrical service, installation of the standby diesel generator, programming and SCADA integration of the variable frequency drive (VFD) and associated controls, and final startup and commissioning of the well; and WHEREAS, the current Agreement expired on June 30, 2026; however, construction and commissioning activities remain underway and continued engineering support from Hazen and Sawyer, as the project's Engineer of Record, is necessary through the remaining construction, startup, commissioning, and project closeout activities; and WHEREAS, the City desires to approve Amendment No. 4 to Design Services Agreement C00409 to extend the term through December 31, 2026, with no additional compensation or 137
Resolution 2026-07 UA
change in scope, and all other provisions of the Agreement remaining unchanged and in full force and effect.
NOW, THEREFORE, BE IT RESOLVED by the Utility Authority of the City of Banning as follows:
SECTION 1. The Utility Authority hereby approves Amendment No. 4 to Design Services Agreement C00409 with Hazen and Sawyer for the Well C-8 Project, extending the term of the Agreement through December 31, 2026, with no increase to the existing contract amount of $915,089.22.
SECTION 2. The City Manager, or designee, is authorized to execute Amendment No. 4 to the Professional Services Agreement with Hazen and Sawyer, together with any non-substantive modifications approved by the City Attorney, and is further authorized to extend the term of the Agreement beyond December 31, 2026, as may be necessary to complete the Well C-8 Project, provided that any such extension does not increase the existing not-to-exceed contract amount of $915,089.22 or materially modify the scope of services.
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 13th day of October, 2026.
Richard Royce, Mayor
Banning Utility Authority
ATTEST:
Sandra Calderon, Secretary
Banning Utility Authority
APPROVED AS TO FORM:
Esq.
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
138
Resolution 2026-07 UA
CERTIFICATION:
I, Sandra Calderone, Secretary of the Banning Utility Authority, do hereby certify that the foregoing Resolution 2026-07 UA, was duly adopted by the Utility Authority of the City of Banning, California, at a regular meeting thereof held on the 13th day of October, 2026 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Secretary
Banning Utility Authority
139
Resolution 2026-07 UA
EXHIBIT A
Amendment No. 4 to Design Services Agreement C00409 with Hazen and Sawyer for the Well C-8 Project.
140
AMENDMENT NO. 4 TO DESIGN SERVICES AGREEMENT (C00409)
FOR THE PERFORMANCE OF THE GEOHYDROLOGIC AND
ENGINEERING DESIGN SERVICES FOR THE CITY OF BANNING
WELL C-8, PROJECT NUMBER 2018-02W BY AND BETWEEN CITY
OF BANNING AND HAZEN AND SAWYER
THIS AMENDMENT NO. 4 TO THE DESIGN SERVICES AGREEMENT
(“Amendment No. 4”) by and between the CITY OF BANNING (“City”) and HAZEN AND SAWYER, a New York Corporation (“Consultant”) is effective as of this day:
______________.
RECITALS
A. City and Consultant entered into that certain Agreement for Design Services dated September 10, 2018 (“Agreement”) following RFP 18-012 for the performance of the Geohydrologic and Engineering Design Services for the Banning Well C-8 as approved by Utility Authority Resolution 2018-03 UA.
B. City and Consultant entered into Amendment No. 1 to the Agreement dated September 5, 2019, to modify the Scope of Services, extend the Term of the Agreement by September 9, 2020, and increase the Contract Sum to $713,383.00, as approved by Utility Authority Resolution 2019-02 UA.
C. City and Consultant entered into Amendment No. 2 to the Agreement dated September 18, 2022, to extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum to $859,683.00, as approved by Utility Authority Resolution 2022-11 UA.
D. City and Consultant entered into Amendment No. 3 to the Agreement dated March 12, 2024 to modify the Scope of Services, extend the Term of the Agreement to June 30, 2026, and increase the Contract Sum to $915,089.22, as approved by Utility Authority Resolution 2024-04 UA.
E. City and Consultant now desire to amend the Agreement to extend the Term of the Agreement to December 31, 2026.
The Parties therefore agree follows:
1. Amended Terms. The Agreement is hereby amended as follows:
1.1 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through December 31, 2026, unless sooner terminated or extended as provided in the Agreement.
2. Miscellaneous Provisions
2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 4, all provisions of the Agreement, as amended by Amendment Nos. 1 and 3, shall 141
remain unchanged and in full force and effect. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 4. In the event of a conflict between the provisions of this Amendment No. 4 and the provisions of the Agreement or Amendments No. 1 through 3, the provisions of this Amendment No. 4 shall control.
2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 4.
2.3 Authority. The persons executing this Amendment No. 4 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this Amendment No. 4, and (iv) entering into this Amendment No. 4 does not violate any provision of any other agreement to which said party is bound.
2.4 Counterparts. This Amendment No. 4 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
142
The Parties are signing this Amendment No. 4 on the date stated in the introductory clause.
CITY OF BANNING CONSULTANT
Elizabeth Gibbs,
City Manager
NAME:
TITLE:
City Council Approval: _______________ NAME:
TITLE:
ATTEST:
Sandra Calderon
Deputy City Clerk
APPROVED AS TO FORM:
Slovak, Baron, Empey, Murphy & Pinkney
LLP
John O. Pinkney
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
143
RESOLUTION 2018- 13 UA
A RESOLUTION OF THE BANNING UTILITY AUTHORITY OF THE CITY OF
BANNING, CALIFORNIA, APPROVING THE AWARD OF PROFESSIONAL SERVICES CONTRACT FOR DESIGN SERVICES OF BANNING WELL C-8 TO
HAZEN AND SAWYER OF PALM DESERT, CALIFORNIA IN THE AMOUNT OF 671, 296. 00
WHEREAS, the City of Banning currently owns a 1.34 acre property adjacent to Roosevelt Williams Park, overlying the Cabazon Basin; and WHEREAS, to supplement existing production facilities, the City wishes to drill and equip an approximately 2,000 gpm municipal well; and WHEREAS, staff advertised a Request for Qualifications using the PlanetBids system and the Press Enterprise; and
WHEREAS, five proposals were received; and
WHEREAS, Hazen and Sawyer of Palm Desert, California, was the highest- rated firm by an evaluation committee; and
WHEREAS, City staff negotiated a best and final offer of $671,296.00.
NOW, THEREFORE, BE IT RESOLVED by the Banning Utility Authority of the City of Banning as follows:
SECTION 1. That the Contract Agreement for the design and inspection services of Banning Well C-8 is hereby awarded to Hazen and Sawyer of Palm Desert, California, in the amount of $671,296.
SECTION 2. That a contingency in the amount of $25,000 be authorized for this project.
SECTION 3. That the Interim City Manager or her designee is authorized to make all necessary budget adjustments, appropriations and transfers and approval of the use of the contingency.
SECTION 4. That the Interim City Manager is authorized to execute the Contract Agreement award with Hazen Sawyer, of Palm Desert, California.
Resolution 2018-13 UA
144
PASSED, APPROVED AND ADOPTED this 10th day of Septe
ATTEST:~~
Sonja De~ cretary
Banning Utility Authority
APPROVED AS TO FORM
AND LEGAL CONTENT:
Kevin G. Ennis, Authority Counsel
Richards, Watson & Gershon
Resolution 2018 - 13 UA
n
145
CERTIFICATION:
I, Sonja De La Fuente, Secretary of the Banning Utility Authority of Banning, California, do hereby certify that the foregoing Resolution 2018- 13 UA was duly adopted by the Banning Utility Authority of the City of Banning , California , at a regular meeting thereof held on the 10th day of September, 2018 , by the following vote , to wit:
AYES: Board Members Andrade, Franklin, Peterson, Welch, Chairman Moyer NOES: None
ABSTAIN: None
ABSENT: None
So · La uente , Secretary
Banning Utility Authority
City of Banning , California
Resolution 2018 -1 3 UA
146
RESOLUTION NO. 2019- 02 UA
A RESOLUTION OF THE BANNING UTILITY AUTHORITY OF THE CITY OF
BANNING, CALIFORNIA, APPROVING THE AMENDMENT OF PROFESSIONAL SERVICES CONTRACT FOR DESIGN SERVICES OF BANNING WELL C-8 TO
HAZEN AND SAWYER OF PALM DESERT, CALIFORNIA IN THE AMOUNT OF 42,087
WHEREAS, the need for a new municipal production well in the near future was identified in the City of Banning (" City") Integrated Master Plan ( identified as Well C-8) and therefore the City advertised a Request for Proposals ( RFP) for design and inspection services for construction of new production well and subsequently awarded a contract to the highest- rated firm, Hazen and Sawyer, on September 10, 2018; and WHEREAS, the Cabazon Storage Unit was determined by Hazen and Sawyer' s licensed hydrogeologist to have inadequate water resources to support an additional municipal well in the near future and considered this option as a poor-long term capital investment; and
WHEREAS, to supplement existing production facilities in order to meet future demands, the City wishes to construct an additional municipal well; and WHEREAS, the City has an existing contract with Hazen and Sawyer; and WHEREAS, a proposal was submitted by Hazen and Sawyer to perform additional well siting work and upon the evaluation of the scope and price by City staff it was found to be reasonable; and
NOW, THEREFORE, BE IT RESOLVED by the Banning Utility Authority of the City of Banning as follows:
SECTION 1. That the Amendment to the Contract for the design and inspection services of Banning Well C-8 is hereby awarded to Hazen and Sawyer of Palm Desert, California, in the amount of $42,087 for a contract " not-to-exceed" $ 738,383.
SECTION 2. That the City Manager or his designee is authorized to make all necessary budget adjustments, appropriations and transfers.
SECTION 3. That the City Manager is authorized to execute the Amendment to the Contract with Hazen Sawyer, of Palm Desert, California.
SECTION 4. The Utility Deputy Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 1 147
PASSED, APPROVED AND ADOPTED this 12th day of February, 2019.
ATTEST:
D~t1~--
oary1 Betancur, Deputy Secretary
Banning Utility Authority
APPROVED AS TO FORM
AND LEGAL CONTENT:
7L ·£~-
Kevin G. Ennis, Authority Counsel
Richards, Watson & Gershon
A~
Banning Utility Authority
2 148
CERTIFICATION:
I , Daryl Betancur, Deputy Secretary of the Bann ing Utility Authority of Banning , California , do hereby certify that the foregoing Resolution 2019-02 UA was duly adopted by the Banning Utility Authority of the City of Banning, California, at a regular meeting thereof held on the 12th day of February, 2019 , by the following vote , to wit:
AYES: Happe , Peterson, Wallace , Andrade , & Welch
NOES: None
ABSENT: None
ABSTAIN: None
3 arylBetancur,
Deputy Secretary
Banning Utility Authority
City of Banning, California
149
RESOLUTION 2022- 11 UA
A RESOLUTION OF THE UTILITY AUTHORITY OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES CONTRACT FOR DESIGN SERVICES OF BANNING WELL C-8 TO
HAZEN AND SAWYER OF PALM DESERT, CALIFORNIA IN THE AMOUNT OF 146, 300 AND EXTENDING THE TERM TO JUNE 30, 2025
WHEREAS, the need for a new municipal production well in the near future was identified in the City of Banning (" City") Integrated Master Plan ( identified as Well C-8) and therefore the City advertised a Request for Proposals ( RFP) for design and inspection services for construction of a new production well and subsequently awarded an agreement to the highest- rated firm, Hazen and Sawyer, on September 10, 2018; and WHEREAS, on February 12, 2019 City Council approved Resolution 2019- 02 UA approving Amendment No. 1 for out of work scope including looking at alternative well location sites in order to ensure the correct site was selected prior to moving forward with final design. Amendment No. 1 increased the agreement by $ 42,087 for a total amount of 738,383; and
WHEREAS, the original project schedule had an anticipated end date in June of 2020, but after several delays outside of the Hazen and Sawyers control, the schedule has been revised to reflect an end date of July, 2024; and WHEREAS, the delays in the project have resulted in additional cost not contemplated in the original agreement nor Amendment No. 1. Those costs are associated with additional time for project management, billing rate increases ( for work yet to be completed), new South Coast Air Quality Management District ( SCAQMD) air quality modeling requirements and additional work needed for the well siting study; and WHEREAS, an increase of $146,300 is needed to the agreement with Hazen and Sawyer as well as an extension to the term to June 30, 2025; and WHEREAS, an appropriation from Fund 661 in the amount of $146,300 to Water Capital Facilities Account 661- 6300- 471. 90-78 Planning/ Design- Capital is required to fund Amendment No 2.
NOW, THEREFORE, BE IT RESOLVED by the Banning Utility Authority of the City of Banning as follows:
SECTION 1. That Amendment No. 2 to the Professional Services Agreement for the design and inspection services of Banning Well C-8 is hereby approved to Hazen and Sawyer of Palm Desert, California, in the amount of $146,300 for a contract " not-toexceed" $ 884,683 and extends the term to June 30, 2025.
Resolution 2022- 11 UA