Agenda packet, regular meeting, second session — Banning City Council, January 9, 2024 (part 7 of 7)

Service Name Fee Description Current Fee Proposed Fee
Simultaneous Pluming Permit Fee
When included
with Building
Permit Fee
Trade Permit Fixture
Count Fees Below
10% of Building Plan
Review Fee if not
specified

STANDARD PLAN REVIEW AND PERMIT FEES
Accessibility Ramp Valuation $527.00
Accessory Structures-Residential
Aluminum Patio Cover (Standard Approved Plan) Fixed Valuation $208.00 Deck - Non-Standard - Plan Review 65% of Permit Fee $126.00 Deck - Non-Standard - Permit Fixed Valuation $312.00
Patio Cover - City Standard Fixed Valuation $312.00
Patio Cover - Non-Standard - Plan Review 65% of Permit Fee $126.00 Patio Cover - Non-Standard - Permit Fixed Valuation $312.00 Block Wall
Standard up to 6' Height <6' City Standard Valuation $178.00 Each Additional 100 LF over 50 LF Valuation $30.00
Non-Standard up to 6' Height <6' height - Plan Review 65% of Permit Fee $189.00 Each Additional 100 LF over 50 LF - Plan Review 65% of Permit Fee $3.00 Non-Standard up to 6' Height <6' height - Permit Valuation $268.00 Each Additional 100 LF over 50 LF - Permit Valuation $44.00 Non-Standard <50' and Greater than 6' height - Plan Review 65% of Permit Fee $252.00 Each Additional 100 LF over 50 LF - Plan Review 65% of Permit Fee $3.00 Non-Standard <50' and Greater than 6' height - Permit Valuation $447.00 Each Additional 100 LF over 50 LF - Permit Valuation $44.00 Retaining Wall
Standard up to 6' Height <6' City Standard - Plan Review 65% of Permit Fee $32.00 Each Additional 100 LF over 50 LF - Plan Review 65% of Permit Fee $3.00 Standard up to 6' Height <6' City Standard - Permit Valuation $446.00 Each Additional 100 LF over 50 LF - Permit Valuation $44.00 Non-Standard up to 6' Height <6' - Plan Review 65% of Permit Fee $252.00 Each Additional 100 LF over 50 LF - Plan Review 65% of Permit Fee $3.00 Non-Standard up to 6' Height <6' - Permit Valuation $447.00 Each Additional 100 LF over 50 LF - Permit Valuation $44.00 Non-Standard <50' and greater than 6' height - Plan Review 65% of Permit Fee $315.00 Each Additional 100 LF over 50 LF - Plan Review 65% of Permit Fee $4.00 Non-Standard <50' and greater than 6' height - Permit Valuation $535.00 Each Additional 100 LF over 50 LF - Permit Valuation $44.00 Cellular Antenna/Pole
New - Plan Review 65% of Permit Fee $284.00
New - Permit Valuation $446.00
Modification - Plan Review 65% of Permit Fee $63.00
Modification - Permit Valuation $372.00
Construction Trailer - Plan Review 65% of Permit Fee $63.00 Construction Trailer - Permit Valuation $223.00
Demolition
Patio Cover or Room Fixed Fee $51.65 $178.00
Swimming Pool or Building Fixed Fee $51.65 $268.00
New Door/Window/Skylight - Residential - Plan Review 65% of Permit Fee $126.00 New Door/Window/Skylight - Residential - Permit Valuation $491.00 Drywall Repair - Up To 1,000 SF - Permit Valuation $312.00 Each Additional 1,000 SF - Permit Valuation $15.00
Flag Pole
Up To 25' - Plan Review 65% of Permit Fee $126.00
Up To 25' - Permit Valuation $357.00
Over 25' - Plan Review 65% of Permit Fee $189.00
Over 25' - Permit Valuation $491.00
Food Truck or Carnival Valuation $223.00
Hood & Duct - Plan Review 65% of Permit Fee $252.00
Hood & Duct - Permit Valuation $1,213.00
Model Home Complex with Sales Office Conversion - Plan Review 65% of Permit Fee $221.00 Model Home Complex with Sales Office Conversion - Permit Valuation $1,026.00 Parking Lot Restriping - 1-2 Accessible Stalls - Plan Review 65% of Permit Fee $63.00 Each Additional Stall over 2 - Plan Review 65% of Permit Fee $11.00 Parking Lot Restriping - 1-2 Accessible Stalls - Permit Valuation $178.00 Each Additional Stall over 2 - Permit Valuation $13.00
Re-Roof
Single Family Dwelling Valuation $208.00

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Service Name Fee Description Current Fee Proposed Fee
Multi-Family/Commercial/Industrial - Up to 25,000 SQ or 250 Squares Valuation $268.00 Each Additional 25,000 SF or 250 Squares Valuation $44.00 Siding or Stucco Repair - Plan Review 65% of Permit Fee $63.00 Siding or Stucco Repair - Permit Valuation $447.00
Signs
Monument Sign - Plan Review 65% of Permit Fee $158.00
Monument Sign - Permit Valuation $446.00
Site Signage - Plan Review 65% of Permit Fee $252.00
Site Signage - Permit Valuation $579.00
Wall Sign - Plan Review 65% of Permit Fee $126.00
Wall Sign - Permit Valuation $178.00
Spray Booth - Plan Review 65% of Permit Fee $599.00
Spray Booth - Permit Valuation $535.00
Storage Rack - First 500 LF - Plan Review 65% of Permit Fee $126.00 Each Additional 500 LF - Plan Review 65% of Permit Fee $11.00 Storage Rack - First 500 LF - Permit Valuation $223.00
Each Additional 500 LF - Permit Valuation $29.00
Swimming Pool
Residential - Plan Review 65% of Permit Fee $95.00
Residential - Permit Valuation $535.00
Multi-Family/Commercial - Plan Review 65% of Permit Fee $378.00 Multi-Family/Commercial - Permit Valuation $1,606.00
Temporary Uses (e.g. Christmas Tree Lot/Pumpkin Lot/Similar Events) - Plan Review 65% of Permit Fee $126.00
Temporary Uses (e.g. Christmas Tree Lot/Pumpkin Lot/Similar Events) - Permit Valuation $312.00
Trash Enclosure - Plan Review 65% of Permit Fee $189.00 Trash Enclosure - Permit Valuation $579.00
Wall Addition
Interior Commercial - Plan Review 65% of Permit Fee $315.00 Interior Commercial - Permit Valuation $1,641.00
Interior Residential - Plan Review 65% of Permit Fee $252.00 Interior Residential - Permit Valuation $892.00
Window Changeout - Plan Review 65% of Permit Fee $63.00 Window Changeout - Permit Valuation $178.00
NEW CONSTRUCTION PERMIT FEES CALCULATED BY VALUE*:

VALUATION Base Fee Rate Per Unit
$0 to $1999 $190.00 $321.00
$2000-$20,000 $190.00 $21.08 per $1,000 $321.00 + $93 per $1,000 over $2k $20,001-$50,000 $580.00 $17.83 per $1,000 $1,995.00 + $18 per $1,000 over $20k $50,001-$75,000 $1,115.00 $11.68 per $1,000 $2,535.00 + $26 per $1,000 over $50k $75,001-$100,000 $1,407.00 $11.84 per $1,000 $3,185.00 + $32 per $1,000 over $75k 100,001 to 500,000 $1,703.00 $9.08 per $1,000 $3,985.00 + $5 per $1,000 over $100k $500,001 to $1,000,000 $5,333.00 $6.97 per $1,000 $5,985.00 + $5 per $1,000 over $500k $1,000,001 and up $8,018.00 $4.00 per $1,000 $8,485.00 + $5 per $1,000 over $1M NEW RESIDENTIAL HOMES, ADUs AND ROOM ADDITIONS PERMIT FEES SQUARE FEET Base Fee Rate Per Sq. Ft.
1-499 2367.41 $1,611.00
500-999 2367.41 $1,669.00 + $58 per 100 SF over 500 SF
1000-2499 2367.41 $1,959.00 + $12 per 100 SF over 1k SF 2500 and over 2367.41 $2,139.00 + $12 per 100 SF over 2.5K SF

ELECTRICAL PLAN REVIEW AND PERMITS
Electrical Permit Processing Fee - Residential Fixed Fee $161.13 $63.00 Minimum Electrical Permit Fee-Residential with fixture counts Fixed Fee $161.13 $156.00 Electrical Permit Processing Fee - Commercial Fixed Fee $161.13 $84.00 Minimum Electrical Permit Fee-Commercial with fixture counts Fixed Fee $161.13 $156.00 Processing fee simultaneously with other MEP permit Fixed Fee $161.13 $21.00 Electrical Only Plan Review Fee valuation
65% of Electrical
Permit Fee

ELECTRICAL FIXED FEES
Electrical Panel/Pedestal or Sub-Panel Max 200 amp Fixed Fee $211.00 $134.00 Electrical Meter Reset Permit no fee $134.00
EV Charger Plug-Residential Plan Review $132.00 $63.00
EV Charger Plug-Residential Permit $182.00 $223.00
EV Charging Station - Commercial Plan Review 60% of permit fee $189.00

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Service Name Fee Description Current Fee Proposed Fee
EV Charging Station each additional charger at same location 60% of permit fee $10.00 EV Charging Station - Commercial Permit valuation $268.00 EV Charging Station each additional charger at same location valuation $14.00 Generator 10 KW or less Plan Review $264.00 $63.00
Generator 10 KW or less Permit $883.00 $178.00
Generator over 10 KW Plan Review $264.00 $95.00
Generator over 10 KW Permit $553.00 $223.00
Solar
Residential Roof Mounted Solar Less Than 15 KW Plan Review 175 $136.00 Each additional 15 KW 0 $7.50
Residential Roof Mounted Solar Less Than 15 KW Permit 275 $240.00 Each additional 15 KW 300+15 per kw $7.50
Commercial Roof Mounted Solar Less than 50 KW Plan Review 500 $222.00 Commercial Roof Mounted Solar 51-250 KW Plan Review each KW 500+$7/kw $3.50 Commercial Roof Mounted Solar 251+ KW Plan Review each KW 1200 $2.50 Commercial Roof Mounted Solar Less than 50 KW Permit 500 $772.00 Commercial Roof Mounted Solar 51-250 KW Permit each KW 500+$7/kw $3.50 Commercial Roof Mounted Solar 251+ KW Permit each KW 1200+$5/kw $2.50 Tract & Solar App - Residential Roof Mounted Solar Less Than 15 KW 450 $240.00 Each additional 15 KW 300+15 perkw $8.00
Residential Ground Mounted Solar Less Than 15 KW Plan Review 175 $204.00 Each additional 15 KW 0 $7.50
Residential Roof Mounted Solar Less Than 15 KW Permit 275 $385.00 Each additional 15 KW 300+15 per kw $7.50
Commercial Ground Mounted Solar Less than 50 KW Plan Review 500 $407.00 Commercial Ground Mounted Solar 51-250 KW Plan Review each KW 500+$7/kw $3.50 Commercial Ground Mounted Solar 251+ KW Plan Review each KW 1200 $2.50 Commercial Ground Mounted Solar Less than 50 KW Permit 500 $963.00 Commercial Ground Mounted Solar 51-250 KW Permit each KW 500+$7/kw $3.50 Commercial Ground Mounted Solar 251+ KW Permit each KW 1200+$5/kw $2.50 Battery Storage
1st Battery Plan Review $175.00 $95.00
Each Additional Battery $0.00 $ 32.00
1st Battery Permit $272.44 $357.00
Each Additional Battery $0.00 $44.00
Battery Storage with Solar Installation Plan Review
None, only pay solar
fee. $126.00
Battery Storage with Solar Installation Permit
None, only pay solar
fee. $44.00
Temporary Electrical Prior to Final $692.00 $223.00
Temporary Power Poles - Plan Review $63.00
Temporary Power Poles - Permit $522.00 $223.00
Each Span Pole Included above $14.00
ELECTRICAL FIXTURE COUNTS To be used only when flat or valuation fee is not applicable.

Receptacles, Switches, Fixtures and Outlets
Each receptacle, switch, fixture, or outlet, lights $3.10 $5.00 Residential Appliance-For fixed residential appliances or receptacle outlets for same, including wall-mounted electric ovens; countermounted cooking tops; electric ranges; self-contained room, console or through-wall air conditions; space heater; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor-operated appliances not exceeding 1 horsepower (HP) Fixed Fee $15.49 $7.00 Non-Residential Appliance-For nonresidential appliances and selfcontained factory-wired, nonresidential appliances not exceeding 1 horsepower (HP), kilowatt (kW) or kilovolt-ampere (kVA) in rating, including medical and dental devices; food, beverage and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment. Fixed Fee $15.49 $7.00 Power Apparatus
Power Apparatus: Up To 1 HP, kW, Or kVA $15.49 $7.00
Power Apparatus: 1- 10 HP, kW, Or kVA $42.35 $24.00
Power Apparatus: 11 - 50 HP, kW, Or kVA $56.81 $36.00
Power Apparatus: 50 - 100 HP, kW, Or kVA $101.22 $71.00 Power Apparatus: > 100 HP, kW, Or kVA $101.22 $107.00
Busway and Trolley
Busway - Plug-In Type - Each 100 LF $0.00 $7.00
Trolley - Each 100 LF $0.00 $7.00

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Service Name Fee Description Current Fee Proposed Fee
Signs, Outline Lighting and Marquees
For signs, outline lighting systems or marquees supplied from one branch circuit Valuation $36.00 For additional branch circuits within the same sign, outline lighting system or marquee Valuation $7.00
Services (Service Change)
Service Entrance - 600V or <200A Fixed Fee $56.81 $36.00 Service Entrance - 600V or <1000A Fixed Fee $83.66 $71.00 Service Entrance - 600V or >1000A Fixed Fee $138.41 $107.00 Temporary Power Service
Temporary Pedestal $42.35 $36.00
Temporary Distribution System $42.35 $12.00
Temporary Lighting $42.35 $12.00
Carnival or Circus
Generator $0.00 $24.00
Generator and Electrically Driven Ride $0.00 $24.00
Other Rides or Displays with Electrical Lighting $0.00 $7.00 System of Area and Booth Lighting $0.00 $7.00
Motors
Motor 1HP or Less Fixed Fee $15.49 $16.00
Motor 1HP < 10 HP Fixed Fee $42.35 $43.00
Motor 10HP <50 HP Fixed Fee $56.81 $58.00
Motor 50 HP <100 HP Fixed Fee $101.22 $102.00
Motor 100 HP and Up Fixed Fee $101.22 $102.00

PLUMBING PLAN REVIEW AND PERMITS
Plumbing Permit Processing Fee - Residential Fixed Fee $161.13 $63.00 Minimum Plumbing Permit Fee-Residential plus fixture counts Fixed Fee $161.13 $156.00 Plumbing Permit Processing Fee - Commercial Fixed Fee $161.13 $84.00 Minimum Plumbing Permit Fee-Commercial plus fixture counts Fixed Fee $161.13 $156.00 Processing fee simultaneously with other MEP permit Fixed Fee $161.13 $21.00 Plumbing Only Plan Review Fee Valuation
65% of Plumbing
Permit Fee

PLUMBING FIXED FEES
Gas Line - Plan Review Fixed Fee $132.00 $63.00
Gas Line - Permit $42.35 $208.00
Gas Re-Piping Valuation $208.00
Grease Interceptor - Plan Review Fixed Fee 65% of Permit Fee $105.00 Grease Interceptor - Permit Fixed Fee Valuation $384.00 Septic System - New or Replacement - Plan Review 65% of Permit Fee $126.00 Septic System - New or Replacement - Permit Valuation $491.00 Sewer Hook-up - Plan Review 65% of Permit Fee $63.00
Sewer Hook-up - Permit Valuation $268.00
Sewer Repair $197.00 $208.00
Temporary Gas Prior to Final $216.00 $223.00
Tub to Walk-in Shower - Plan Review Included below $63.00 Tub to Walk-in Shower - Permit $496.00 $357.00
Water Heater Fixed Fee $129.11 $89.00
Water Re-Piping Valuation $208.00
Water Heater - Tankless - Plan Review 65% of Permit Fee $63.00 Water Heater - Tankless - Permit Valuation $178.00
PLUMBING FIXTURE COUNTS To be used only when flat or valuation fee is not applicable.

Cesspool
For each private sewage disposal system, ex: septic tank Valuation $71.00 For each industrial waste pretreatment interceptor, including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps $141.50 $36.00 Fixtures and Vents
For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and backflow protection thereof) $18.57 $12.00 For repair or alteration of drainage or vent piping $18.57 $5.00 Each Drain Piping, Drinking fountain, urinal, water piping, floor drain, washer (auto), laundry tray, kitchen sink, water closet, lavatory, shower, bat $18.59 h tub. $20.00 Gas Piping System
1-4 outlets - Per Outlet $42.35 $5.00
5 or More Outlets - Per Outlet $42.35 $3.00
House Sewer Fixed Fee $42.35 $45.00
Lawn Sprinkler, Vacuum Breaker, Backflow Protection Devices Lawn Sprinkler System on any one meter, including backflow protect Valuation $17.00 Each Backflow Protection Device 2 inches or smaller Valuation $17.00 Each Backflow Protection Device over 2 inches Valuation $36.00

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Service Name Fee Description Current Fee Proposed Fee
Miscellaneous $26.86 $17.00
Lateral Connection Fixed Fee $141.51 $143.00
Leach System Fixed Fee $59.91 $65.00
Sewers, Disposal Systems and Interceptors
For each residential building sewer and each trailer park sewer Valuation $36.00 Rainwater systems - per drain (inside building) Valuation $12.00 Sewage Disposal Fixed Fee $101.22 $103.00
Water Piping and Water Heater
For installation, alteration, or repair of water piping or water-treating equipment, or both $18.59 $5.00
For each water heater including vent $18.59 $17.00

MECHANICAL PLAN REVIEW AND PERMIT FEES
Mechanical Permit Processing Fee - Residential Fixed Fee $161.13 $63.00 Minimum Mechanical Permit Fee-Residential plus fixture counts Fixed Fee $161.13 $156.00 Mechanical Permit Processing Fee - Commercial Fixed Fee $161.13 $84.00 Minimum Mechanical Permit Fee-Commercial plus fixture counts Fixed Fee $161.13 $156.00 Processing fee simultaneously with other MEP permit Fixed Fee $161.13 $21.00 Mechanical Only Plan Review Fee Valuation
65% of Mechanical
Permit Fee

MECHANICAL FIXED PERMIT FEES
Furnace - Floor Fixed Fee $42.35 $89.00
Wall Heater Fixed Fee $42.35 $268.00
Fireplace Fixed Fee $28.92 $104.00
HVAC Change-Out - Commercial - First Unit $154.94 $223.00 HVAC Change-Out - Commercial - Each Additional Unit $0.00 $45.00 HVAC Change-Out - Residential $154.94 $134.00
MECHANICAL FIXTURE COUNTS To be used only when flat or valuation fee is not applicable.

Air Handling Unit
Up to 10,000 CFM Fixed Fee $28.92 $12.00
Over 10,000 CFM Fixed Fee $28.92 $24.00
Appliance Vent Fixed Fee $28.92 $7.00
For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit.

Boiler, Compressor, Absorption System
Up to 3 HP/100,000 btu/h $0.00 $17.00
Over 3 HP/ 100,000 btu/h $0.00 $29.00
Ductwork Fixed Fee $42.35 $43.00
Evaporative Cooler $0.00 $12.00
Forced Heating System Fixed Fee $42.35 $43.00
Furnace
Up to 100,000 btu/h $42.35 $17.00
Over 100,000 btu/h $42.35 $24.00
For the installation or relocation of each floor furnace, including vent. $42.35 $17.00 For the installation or relocation of each suspended heater, recessed wall heater or floor-mounted unit heater. $42.35 $17.00
Misc. Equipment Fixed Fee $28.92 $12.00
Repairs or Additions
For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical Code. Valuation $17.00
Ventilation and Exhaust
For each ventilation fan connected to a single duct Each $15.49 $7.00 For each ventilation system which is not a portion of any heating or airconditioning system authorized by a permit Each $15.49 $12.00 For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood. $15.49 $12.00

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Square Footage:
0 - 2,000 sq. ft. [5] 1.25 + 1.25 = 2.50 x $149.97 = $374.94 $188.00 $187.472,001 - 5,000 sq. ft. [5] 2.00 + 2.00 = 4.00 x $149.97 = $599.90 $299.95 $299.955,001 - 10,000 sq. ft. [5] 2.75 + 2.75 = 5.50 x $149.97 = $824.86 $413.00 $412.4310,001 - 25,000 sq. ft. [5] 3.50 + 3.50 = 7.00 x $149.97 = $1,049.82 $524.91 $524.9125,001 - 50,000 sq. ft. [5] 4.25 + 4.25 = 8.50 x $149.97 = $1,274.78 $638.00 $637.3950,001 or > to be charged by a sq. ft. multiplier [5] 5.00 + 5.00 = 10.00 x $149.97 = $1,499.74 $749.87 $749.87 Shell Buildings for all Commercial Uses - (The enclosure for all newly constructed or added space for non-residential occupancies classified as CBC Group A, B, E, F, I, M, S, or other commercial occupancies not specifically addressed elsewhere in this Fee Schedule where the interior is not completed or occupiable) Square Footage:
0 - 2,000 sq. ft. [5] 1.00 + 1.00 = 2.00 x $149.97 = $299.95 $149.97 $149.972,001 - 5,000 sq. ft. [5] 1.25 + 1.25 = 2.50 x $149.97 = $374.94 $188.00 $187.475,001 - 10,000 sq. ft. [5] 1.50 + 1.50 = 3.00 x $149.97 = $449.92 $224.96 $224.9610,001 - 25,000 sq. ft. [5] 2.00 + 2.00 = 4.00 x $149.97 = $599.90 $299.95 $299.9525,001 - 50,000 sq. ft. [5] 2.50 + 2.50 = 5.00 x $149.97 = $749.87 $374.94 $374.9450,001 or > to be charged by a sq. ft. multiplier [5] 3.00 + 3.00 = 6.00 x $149.97 = $899.84 $449.92 $449.92 Tenant Improvement - (Remodeled space for non-residential occupancies classified as CBC Group A, B, E, F, I, M, R, S, or other commercial occupancies not specifically addressed elsewhere.) Square Footage: [5]
0 - 2,000 sq. ft. [5] 1.00 + 1.00 = 2.00 x $149.97 = $299.95 $149.97 $149.972,001 - 5,000 sq. ft. [5] 1.25 + 1.25 = 2.50 x $149.97 = $374.94 $188.00 $187.475,001 - 10,000 sq. ft. [5] 1.50 + 1.50 = 3.00 x $149.97 = $449.92 $224.96 $224.9610,001 - 25,000 sq. ft. [5] 2.00 + 2.00 = 4.00 x $149.97 = $599.90 $299.95 $299.9525,001 - 50,000 sq. ft. [5] 2.50 + 2.50 = 5.00 x $149.97 = $749.87 $374.94 $374.9450,001 or > to be charged by a sq. ft. multiplier [5] 3.00 + 3.00 = 6.00 x $149.97 = $899.84 $449.92 $449.92 420
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Square Footage:
0 - 2,000 sq. ft. [5] 1.00 + 1.00 = 2.00 x $149.97 = $299.95 $149.97 $149.972,001 - 5,000 sq. ft. [5] 1.50 + 1.50 = 3.00 x $149.97 = $449.92 $224.96 $224.965,001 - 10,000 sq. ft. [5] 2.25 + 2.25 = 4.50 x $149.97 = $674.88 $338.00 $337.4410,001 - 25,000 sq. ft. [5] 3.00 + 3.00 = 6.00 x $149.97 = $899.84 $449.92 $449.9225,001 - 50,000 sq. ft. [5] 3.75 + 3.75 = 7.50 x $149.97 = $1,124.81 $563.00 $562.4050,001 or > to be charged by a sq. ft. multiplier [5] 4.50 + 4.50 = 9.00 x $149.97 = $1,349.77 $674.88 $674.88 $0.00 $0.00
Fuel Modification Plan 2.00 + 1.00 = 3.00 x $149.97 = $449.92 $299.95 $149.97Alternate methods and materials (4 hrs. min.) 4.00 + 0.00 = 4.00 x $149.97 = $599.90 $599.90 $0.003rd review and subsequent submittals (per hour) 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00Work without Permit 1.00 + 1.00 = 2.00 x $149.97 = $299.95 $149.97 $149.97Misc./Over the Counter/ Revisions 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00Construction Reinspection Fee 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97 TOTAL: NEW CONSTRUCTION, ADDITIONS, AND MAJOR REMODELS
Fire Sprinklers
New 13, 13R Fire Sprinkler System (base fee) [5,9] 3.50 + = 3.50 x $149.97 = $524.91 $524.91 $0.00 $518.52New 13, 13R Fire Sprinkler System (per sprinkler head) [5] + 0.05 = 0.05 x $149.97 = $7.50 $0.00 $7.50 $326.40New 13D Fire Sprinkler System (base fee) [5,9] 1.50 + = 1.50 x $149.97 = $224.96 $224.96 $0.00New 13D Fire Sprinkler System (per sprinkler head) (each separate plan type) [5] + 0.05 = 0.05 x $149.97 = $7.50 $0.00 $7.50TI 13, 13R Fire Sprinkler System (base fee) [5,9] 2.50 + = 2.50 x $149.97 = $374.94 $374.94 $0.00TI 13, 13R Fire Sprinkler System (per sprinkler head) [5] + 0.05 = 0.05 x $149.97 = $7.50 $0.00 $7.50TI 13D Fire Sprinkler System (base fee) [5,9] 1.25 + = 1.25 x $149.97 = $187.47 $187.47 $0.00TI 13D Fire Sprinkler System (per sprinkler head) [5] + 0.05 = 0.05 x $149.97 = $7.50 $0.00 $7.50 $0.00 $0.00
Alarms $0.00 $0.00
New Fire Alarm System (base fee) [5,9] 3.50 + = 3.50 x $149.97 = $524.91 $524.91 $0.00New Fire Alarm System (per initiating or notification device) [5] + 0.05 = 0.05 x $149.97 = $7.50 $0.00 $7.50TI Fire Alarm System (base fee) [5,9] 2.50 + = 2.50 x $149.97 = $374.94 $374.94 $0.00TI Fire Alarm System (per initiating or notification device) [5] + 0.05 = 0.05 x $149.97 = $7.50 $0.00 $7.50Monitoring Only 1.00 + 1.00 = 2.00 x $149.97 = $299.95 $149.97 $149.97 Water Systems $0.00 $0.00
Underground (per connection) [5,6,8] 1.50 + 2.00 = 3.50 x $149.97 = $524.91 $224.96 $299.95Fire Pump [5] 3.00 + 2.50 = 5.50 x $149.97 = $824.86 $449.92 $374.94Aboveground Temporary Tank 1.50 1.50 = 3.00 x $149.97 = $449.92 $224.96 $224.96Emergency Underground Repair 1.50 3.00 = 4.50 x $149.97 = $674.88 $224.96 $449.92Standpipes/Hose valves 1.50 2.00 = 3.50 x $149.97 = $524.91 $224.96 $299.95 421
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ACTIVITY SERVICE COST ANALYSIS
CITY OF BEAUMONTFIRECost Estimation for Providing Fee Related Activities and Services Description
Estimated
Average
Processing
& Plan
Check Time Per Activity
(hours)
Estimated
Average
Inspection
Time Per
Activity
(hours)
Estimated
Average
Total Time
Per
Activity
(hours)
Fully
Burdened
Hourly
Rate
Cost of
Service Per
Activity
Full Cost
Fire Plan
Check Fee
Full Cost
Fire
Inspection
Fee
Current
Fee
8081828384858687888990919293949596979899
100101102103104105106107108109110111112113114115116117118119120121122 Other Systems
Special Extinguishing System (e.g. FM-200, Halon, Dry Chem, Spray mist, inert gases) [5] 2.75 + 1.50 = 4.25 x $149.97 = $637.39 $412.43 $224.96Hood and Duct Extinguishing System [5] 1.50 + 1.50 = 3.00 x $149.97 = $449.92 $224.96 $224.96Special Equipment (Oven, Dust, and Battery, etc.) [5] 2.00 + 2.00 = 4.00 x $149.97 = $599.90 $299.95 $299.95Solar Photovoltaic Systems (Residential) [5,12] 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00Solar Photovoltaic Systems (Commercial) [5,12] 2.00 + 1.00 = 3.00 x $149.97 = $449.92 $299.95 $149.97Refrigeration System < 500 lb. [5] 3.00 + 1.50 = 4.50 x $149.97 = $674.88 $449.92 $224.96Refrigeration System ≥ 500 lb. [5,10] 5.00 + 3.00 = 8.00 x $149.97 = $1,199.79 $749.87 $449.92Spray Booth [5] 1.50 + 1.00 = 2.50 x $149.97 = $374.94 $224.96 $149.97Gas Systems (Med Gas, Industrial Gas, LPG) [5] 3.00 + 2.00 = 5.00 x $149.97 = $749.87 $449.92 $299.95Emergency Responder Radio Coverage [5] 4.00 + 4.00 = 8.00 x $149.97 = $1,199.79 $599.90 $599.90Generator/ Cell Site [5] 1.00 1.50 = 2.50 x $149.97 = $374.94 $149.97 $224.96 $0.00 $0.00
Haz-Mat
Chem Class < 10 Chemicals [5] 1.50 + 1.00 = 2.50 x $149.97 = $374.94 $224.96 $149.97Chem Class 10 - 25 Chemicals [5] 2.50 + 1.50 = 4.00 x $149.97 = $599.90 $374.94 $224.96Chem Class 26 - 100 Chemicals [5] 4.00 + 2.50 = 6.50 x $149.97 = $974.83 $599.90 $374.94Chem Class ≥100 Chemicals [5] 5.50 + 3.50 = 9.00 x $149.97 = $1,349.77 $824.86 $524.91 High Pile Storage
High Pile Storage up to 12,000 sq. ft. [5,9] 2.00 + 2.00 = 4.00 x $149.97 = $599.90 $299.95 $299.95High Pile Storage 12,001 - 50,000 sq. ft. [5,9] 4.00 + 4.00 = 8.00 x $149.97 = $1,199.79 $599.90 $599.90High Pile Storage 50,001 - 100,000 sq. ft. [5,9] 6.00 + 6.00 = 12.00 x $149.97 = $1,799.69 $899.84 $899.84High Pile Storage > 100,000 sq. ft. [5,9] 8.00 + 8.00 = 16.00 x $149.97 = $2,399.58 $1,199.79 $1,199.79 Access and Water Supply
Access and Water Supply only [5] 1.00 + 2.00 = 3.00 x $149.97 = $449.92 $149.97 $299.95 Tanks
Underground Storage Tanks (per tank) 2.25 0.75 = 3.00 x $149.97 = $449.92 $338.00 $112.48Aboveground Storage Tanks (per tank) 2.25 0.75 = 3.00 x $149.97 = $449.92 $338.00 $112.48Alterations to gas stations (no tank alterations) 1.50 1.00 = 2.50 x $149.97 = $374.94 $224.96 $149.97 Smoke Control
Smoke Control - Rationale Analysis and Plan Review 7.00 + 6.00 = 13.00 x $149.97 = $1,949.66 $1,049.82 $899.84 $0.00 $0.00

ANNUAL FIRE CODE PERMITS (CFC OPERATIONAL PERMITS)
Aerosol Products Level 2 & 3 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99Open Flame and/ or Candles in Assembly Occupancies 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99Carnivals and Fairs 0.00 + 3.00 = 3.00 x $149.97 = $449.92 $0.00 $449.92Cellulose Nitrate 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99Combustible Fibers 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97 422
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A B C D E F G H I J K L M N O P Q R S

ACTIVITY SERVICE COST ANALYSIS
CITY OF BEAUMONTFIRECost Estimation for Providing Fee Related Activities and Services Description
Estimated
Average
Processing
& Plan
Check Time Per Activity
(hours)
Estimated
Average
Inspection
Time Per
Activity
(hours)
Estimated
Average
Total Time
Per
Activity
(hours)
Fully
Burdened
Hourly
Rate
Cost of
Service Per
Activity
Full Cost
Fire Plan
Check Fee
Full Cost
Fire
Inspection
Fee
Current
Fee
123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165 Combustible Materials 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99Compressed Gases 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Cryogenic Fluids 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Dispensing of Flammable/Combustible liquids into a vehicle 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Dry Cleaning Plants 1-2 units 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99> 2 units 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96 Combustible Dust Producing & Operations 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Covered and Uncovered Mall Buildings 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96Explosives 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Fire Standby (per hour) 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Storage of Fireworks 0.00 + 2.00 = 2.00 x $149.97 = $299.95 $0.00 $299.95Fireworks Display 0.00 + 6.00 = 6.00 x $149.97 = $899.84 $0.00 $899.84Flammable/Combustible Liquids Inside ≥60 Gal. 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Flammable/Combustible Liquids Inside <60 Gal. 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99Flammable/Combustible Liquid Outside/Aboveground tank (per tank) 0.00 + 0.75 = 0.75 x $149.97 = $112.48 $0.00 $112.48Flammable/Combustible Liquid Underground Tanks (per tank) 0.00 + 0.75 = 0.75 x $149.97 = $112.48 $0.00 $112.48Hazardous Materials 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97High-Piled Combustible Stock <12,000 sq. ft. 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.9712,000 - 100,000 sq. ft. 0.00 + 2.50 = 2.50 x $149.97 = $374.94 $0.00 $374.94>100,000 sq. ft. 0.00 + 4.00 = 4.00 x $149.97 = $599.90 $0.00 $599.90 Hydrant/Control Valve Flow Test 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96Industrial Ovens/Drying 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Liquefied Petroleum Gases 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99Liquid or Gas Filled Vehicles in Assemblies 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Miscellaneous Combustible Storage 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Motor Vehicle Repair 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Outside Storage of Tires 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Places of Assembly 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Pyrotechnical Special Effects 0.00 + 4.00 = 4.00 x $149.97 = $599.90 $0.00 $599.90Spray Booths/ DippingOperations 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Special Event w/ tents and/or canopies >400 sq. ft. 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96Special Event without tents and/or canopies 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Welding and Cutting 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99Special Amusement Buildings 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96 Hazardous Production Materials 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Lumber yards and woodworking plants 0.00 + 2.00 = 2.00 x $149.97 = $299.95 $0.00 $299.95Magnesium 0.00 + 0.50 = 0.50 x $149.97 = $74.99 $0.00 $74.99Refrigeration Equipment <500 lbs. 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97≥500 lbs. 0.00 + 2.00 = 2.00 x $149.97 = $299.95 $0.00 $299.95 423
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A B C D E F G H I J K L M N O P Q R S

FIRE AND LIFE SAFETY INSPECTIONS
A-1 occupancies: Assembly uses, usually with fixed seating, intended for the production and viewing of performing arts or motion pictures <20,000 sq. ft.

0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96
A-1 occupancies: Assembly uses, usually with fixed seating, intended for the production and viewing of performing arts or motion pictures ≥20,000 sq. ft.

0.00 + 3.00 = 3.00 x $149.97 = $449.92 $0.00 $449.92
A-2 occupancies: Assembly uses intended for food and/or drink consumption with occupant load of 50-150 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97A-2 occupancies: Assembly uses intended for food and/or drink consumption with occupant load of more than 151 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96A-3 occupancies: Assembly uses intended for worship, recreation or amusement and other assembly occupancies not classified as A1,A-2,A-4, and A-5 occupancies <20,000 sq. ft. 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96A-3 occupancies: Assembly uses intended for worship, recreation or amusement and other assembly occupancies not classified as A1,A-2,A-4, and A-5 occupancies ≥20,000 sq. ft. 0.00 + 3.00 = 3.00 x $149.97 = $449.92 $0.00 $449.92A-4 occupancies: Assembly uses intended for viewing of indoor sporting events and activities with spectator seating <20,000 sq. ft. 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96A-4 occupancies: Assembly uses intended for viewing of indoor sporting events and activities with spectator seating ≥20,000 sq. ft. 0.00 + 3.00 = 3.00 x $149.97 = $449.92 $0.00 $449.92A-5 occupancies: Assembly uses intended for participation in or viewing outdoor activities 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96E Occupancy < 10,000 sq. ft. 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96≥ 10,000 sq. ft. 0.00 + 4.00 = 4.00 x $149.97 = $599.90 $0.00 $599.90 B,F,M or S Occupancies < 3,600 Square Feet 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97B,F,M or S Occupancies 3,601 - 50,000 Square Feet 0.00 + 2.00 = 2.00 x $149.97 = $299.95 $0.00 $299.95B,F,M or S Occupancies 50,001 - 350,000 sq. ft. 0.00 + 3.00 = 3.00 x $149.97 = $449.92 $0.00 $449.92B,F,M or S Occupancies > 350,000 sq. ft. 0.00 + 6.00 = 6.00 x $149.97 = $899.84 $0.00 $899.84H Occupancy 0.00 + 3.00 = 3.00 x $149.97 = $449.92 $0.00 $449.92High-Rise 75' or more 0.00 + 6.00 = 6.00 x $149.97 = $899.84 $0.00 $899.84R-1 Occupancy (i.e. hotels, motels) <25 units 0.00 + 3.00 = 3.00 x $149.97 = $449.92 $0.00 $449.9226-50 units 0.00 + 3.75 = 3.75 x $149.97 = $562.40 $0.00 $562.4051-75 units 0.00 + 4.50 = 4.50 x $149.97 = $674.88 $0.00 $674.8876-100 units 0.00 + 5.25 = 5.25 x $149.97 = $787.36 $0.00 $787.36>100 units 0.00 + 6.00 = 6.00 x $149.97 = $899.84 $0.00 $899.84 R-2 Occupancy (i.e. Res Permanent 3+) per unit 0.00 + 0.25 = 0.25 x $149.97 = $37.49 $0.00 $37.49Care Facility Residential State Licensed - 6 or less Pre-inspection fee 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Care Facility Commercial 0-50 State Licensed 0.00 + 2.00 = 2.00 x $149.97 = $299.95 $0.00 $299.95 424
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A B C D E F G H I J K L M N O P Q R S

ACTIVITY SERVICE COST ANALYSIS
CITY OF BEAUMONTFIRECost Estimation for Providing Fee Related Activities and Services Description
Estimated
Average
Processing
& Plan
Check Time Per Activity
(hours)
Estimated
Average
Inspection
Time Per
Activity
(hours)
Estimated
Average
Total Time
Per
Activity
(hours)
Fully
Burdened
Hourly
Rate
Cost of
Service Per
Activity
Full Cost
Fire Plan
Check Fee
Full Cost
Fire
Inspection
Fee
Current
Fee
195196197198199200201202203204205206207208209210211212213214215216217218219220221222223224225226227228229 Care Facility Commercial 51-99 State Licensed 0.00 + 2.50 = 2.50 x $149.97 = $374.94 $0.00 $374.94Care Facility Commercial 100-150 State Licensed 0.00 + 3.00 = 3.00 x $149.97 = $449.92 $0.00 $449.92Care Facility Commercial ≥ 151 State Licensed 0.00 + 4.00 = 4.00 x $149.97 = $599.90 $0.00 $599.90Day Care Facilities Residential 8-14 fire clearance 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Day Care Facilities Commercial 0-50 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Day Care Facilities Commercial 51-100 0.00 + 1.50 = 1.50 x $149.97 = $224.96 $0.00 $224.96Day Care Facilities Commercial 101-150 0.00 2.00 = 2.00 x $149.97 = $299.95 $0.00 $299.95Day Care Facilities Commercial >150 0.00 2.50 = 2.50 x $149.97 = $374.94 $0.00 $374.942nd Re-Inspection (after initial and first re-inspection) 0.00 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.972nd Re-Inspection Penalty (Penalty of $150 + reinspection fee $150 = $300) [3] $0.00 $300.003rd + Re-inspection Penalty (Penalty of $250 + reinspection fee $150 = $400) [3] $0.00 $400.00 Vegetation
Hazard Reduction Inspection, per inspection [2] 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Hazard Reduction Abatement Administrative Fee 0.00 + 2.00 = 2.00 x $149.97 = $299.95 $0.00 $299.95Hazard Reduction Abatement Cost Recovery 0.00 + 0.25 = 0.25 x $149.97 = $37.49 $0.00 $37.49 Hourly Rates
Inspection/Reinspection 0.00 + 1.00 = 1.00 x $149.97 = $149.97 $0.00 $149.97Plan Review 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00Engine Company (3 person crew) 3.00 + 1.00 = 4.00 x = $0.00 $0.00 $0.00Truck Company (4 person crew) 4.00 + 1.00 = 5.00 x = $0.00 $0.00 $0.00Consultant Fire Plan Review $0.00 actual
consultant
cost + 20%
admin fee
For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this division. Additionally, the City will pass-through to the applicant any direct costs incurred from the use of external service providers if required to process the specific application plus Citywide Overhead % of the total cost for administrative staff time.

SUPPORT TO PLANNING
Annexation Process and Environmental Review, Deposit [5] 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00Conditional Use Permit [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00Conditional Use Permit: Admin & Existing Structure [5] 2.00 + 0.00 = 2.00 x $149.97 = $299.95 $299.95 $0.00Conditional Use Permit: Amended CUP/Substantial Conformance [5] 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00Custom Home Review [5] 2.00 + 0.00 = 2.00 x $149.97 = $299.95 $299.95 $0.00Development Agreement, Deposit [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00Development Agreement Amendment, Deposit [5] 2.00 + 0.00 = 2.00 x $149.97 = $299.95 $299.95 $0.00 Environmental Review [5]
EIR Report Preparation, Deposit [5] 0.00 + 0.00 = 0.00 x $149.97 = $0.00 $0.00 $0.00 425
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234

A B C D E F G H I J K L M N O P Q R S

ACTIVITY SERVICE COST ANALYSIS
CITY OF BEAUMONTFIRECost Estimation for Providing Fee Related Activities and Services Description
Estimated
Average
Processing
& Plan
Check Time Per Activity
(hours)
Estimated
Average
Inspection
Time Per
Activity
(hours)
Estimated
Average
Total Time
Per
Activity
(hours)
Fully
Burdened
Hourly
Rate
Cost of
Service Per
Activity
Full Cost
Fire Plan
Check Fee
Full Cost
Fire
Inspection
Fee
Current
Fee
230231232233234235236237238239240241242243244245246247248249250251252253254255256257258259260261262263264265 Extension of Time [5] 0.00 + 0.00 = 0.00 x $149.97 = $0.00 $0.00 $0.00General Plan Amendment, Deposit [5] 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00Home Occupation Permit [5] 0.00 + 0.00 = 0.00 x $149.97 = $0.00 $0.00 $0.00Phasing Map [5] 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00 Plot Plan [5]
With hearing [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00Without hearing (notice) [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00Without hearing (no notice) [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00Amended plot plan/substantial conformance [5] 1.00 + 0.00 = 1.00 x $149.97 = $149.97 $149.97 $0.00Administrative (Includes second units) [5] 0.00 + 0.00 = 0.00 x $149.97 = $0.00 $0.00 $0.00 Pre-application Review [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00Specific Plan, Deposit [5] 2.00 + 0.00 = 2.00 x $149.97 = $299.95 $299.95 $0.00Specific Plan Amendment, Deposit [5] 2.00 + 0.00 = 2.00 x $149.97 = $299.95 $299.95 $0.00Subdivision Sales Office (Trailer) and Model Home Complexes-Temporary [5] 0.00 + 0.00 = 0.00 x $149.97 = $0.00 $0.00 $0.00Temporary Use Permits [5] Minor [5] 2.00 + 0.00 = 2.00 x $149.97 = $299.95 $299.95 $0.00Major [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00 Tentative Parcel Map [5]
Residential [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00Commercial [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00 Tentative Tract or Condo Map [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00Tentative Tract or Parcel Map Revised [5] 3.00 + 0.00 = 3.00 x $149.97 = $449.92 $449.92 $0.00 Notes[1] Fees driven by State statue[2] This fee will be assessed to all parcels defined as open space land and where legally permitted. Any fees associated with failure to comply and fire department ordered abated land will be pursued separately from this inspection fee. This fee will be collected as part of the annual property tax bill through the County of Riverside. [3] Placeholder for Master Fee Schedule (MFS); not included in cost analysis[4] All devlelopment related fees for plan review includes 2 Plan Checks[5] Source document from client "Copy of MV Fee Model 7 14 15 Fire COS Input.xlsx"[6] Current fee includes 4 connections; proposed fee is per connection[7] Fire does not review[8] Current fee is for up to 4 connections[9] Current fee has a range; used lowest end of range[10] Current fee is per system[11] Annual revenues are projected using the plan check volume data[12] CA Govt. Code SS 66015 limits Res. $500 maximum; Comm. $1,000 Maximum; Building Permit fees set at maximums 426
1842
APPENDIX E – ANIMAL LICENSE FEE DETAIL

427
1843
Beaumont Current Fee Proposed Fee
1 Year License Altered $25.00 $25.00
2 Year License Altered $40.00 $40.00
3 Year License Altered $55.00 $55.00
1 Year Unaltered $100.00 $100.00
Late License Fee $25.00 $25.00
Replacement Tag $25.00 $25.00
Banning
1 Year License Altered $25.00 $25.00
2 Year License Altered $40.00 $40.00
3 Year License Altered $55.00 $55.00
1 Year Unaltered $100.00 $100.00
Late License Fee $25.00 $25.00
Replacement Tag $25.00 $25.00
Calimesa
1 Year License Altered $25.00 $25.00
2 Year License Altered $40.00 $40.00
3 Year License Altered $55.00 $55.00
1 Year Unaltered $100.00 $100.00
Late License Fee $25.00 $25.00
Replacement Tag $25.00 $25.00
Shelter Fees - Determined by Ramona Humane Society

ANIMAL CARE
428
1844
APPENDIX F – LESIURE & CULTURAL SERVICES FEE DETAIL

429
1845

SERVICE
DIRECT
COSTS

CITY/DEPT
ADMIN

FACILITY

MAINT TOTAL REVENUES
Youth Sports $35,569 $47,662 $83,231
Recreation Classes $49,958 $74,929 $124,887
Senior Classes $40,826 $62,310 $103,136
Senior Programs $85,767 $125,699 $211,466
Facility Management $46,397 $65,445 $111,842
Facility Maintenance $181,980 $181,980
$258,517 $376,045 $181,980 $816,542 $18,750
Recreation Program Cost Recovery 7.3% 3.0% 2.3% 2.3%

RENTALS
DIRECT
COSTS

CITY/DEPT
ADMIN

FACILITY

MAINT TOTAL REVENUES
COST

RECOVERY
Facility Rentals $89,489 $131,691 $221,180 $128,520 58.1% Ballfield Rentals $48,788 $71,299 $497,282 $617,369 $2,500 0.4% $138,277 $202,990 $497,282 $838,549 $131,020 15.6%

DIRECT COSTS ARE DIRECT PART TIME AND FULL TIME SALARIES, BENEFITS, AND OTHER OPERATING EXPENSES

CITY OF BEAUMONT

DETAIL OF RECREATION SERVICES
FISCAL YEAR 2022‐23
430
1846
Contact Information
Eric Johnson
President
Tel 714-992-9027
[email protected]
Chu Thai
Vice President
Tel 714-992-9024
[email protected]
Company Information
Revenue & Cost Specialists
1519 E Chapman Ave, Ste C
Fullerton, CA 92831
Tel (714) 992-9020
www.revenuecost.com
431
1847

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: January 9, 2024
SUBJECT: Consideration of Resolution 2024-01 and Resolution 2024-02, Calling a Special Election and Presenting Other Viable Options to Fill the District 4 Vacancy on the City Council
RECOMMENDATION:

Discuss and decide how to fill the City Council District 4 Vacancy by either appointment or special election and, if by appointment, provide direction to staff concerning a process for filling the vacancy by appointment, or if by special election, adopt either Resolution 2024-01 (November 5, 2024 Election Date) or Resolution 2024-02 (May 7, 2024 All Mail-In Ballot Election Date).

BACKGROUND:

On December 12, 2023, City Council Member Reuben Gonzales submitted a signed, written resignation letter to the City Clerk's Office. Consistent with the provisions of Government Code Section 1770(c)(2), the December 12th letter stated that the effective date of Mr. Gonzales’ resignation would be December 12, 2023, after the conclusion of Item 3.1 (“Presentation(s)”) on the City Council regular meeting agenda.

Under the Banning Municipal Code (“BMC”), the City is to follow the Government Code Section 36512(b), which provides that if a vacancy occurs in an elective office, the Council must, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy (BMC § 2.04.040). The vacancy for District 4 commenced on December 12, 2023, after Item 3.1 on the Regular City Council meeting agenda. As a result, by February 10, 2024, the Council must either (1) fill the vacancy by appointment or (2) call a special election to fill the vacancy.

JUSTIFICATION:

Fill Vacancy by Appointment
Councilmember Gonzales was elected in November 2022, began his term of office in December 2022, and, at the time of his resignation, was serving the first half of his four-year term. If the City Council wishes to fill the vacancy by appointment, that person would not complete the unexpired term of the vacant seat. Government Code Section 36512(b)(2)(A) states that if the vacancy occurs in the first half of the term and at least 130 days prior to the next general municipal election (i.e., November 5, 2024), "the person appointed to fill the vacancy shall hold office until the next general municipal election." Should the Council appoint someone to fill the vacancy, the person appointed will hold office until the person who is elected at the November 5, 2024 election to fill the vacancy has been qualified (e.g., until November 2024). The person elected on November 5th to fill the vacancy will then hold office for Councilmember Gonzales’ unexpired term (i.e., through December 2026).

Based on the discussion during tonight’s meeting, if a majority of the Council wishes to fill the vacancy by appointment, then staff will need to schedule one or more special meetings prior to February 10th during which the Council can consider candidates for appointment and make a selection. Per Banning Municipal 1848
Code Section 2.04.035(B)(2), any candidate for appointment to District 4 must reside in, and be registered to vote in, District 4. State law doesn’t specify a particular process for the selection of a replacement council member. The Council could use the method previously used and solicit resumes and statements of interest from residents who wish to be considered and followed by candidate interviews in an open and public meeting. Alternatively, the Council could seek out potential replacements without the formality of an application process or it could create and direct an ad hoc committee to do so and then make a recommendation to the full Council. Whatever process the City Council chooses to follow, all Council discussions and deliberations regarding the appointment must be held in open session and at duly noticed public meetings held in compliance with the Brown Act.

Fill Vacancy by Special Election
If based on the discussion during tonight’s meeting, a majority of the Council wishes to call a special election, that election must take place at the next “regularly established election date” that is not less than 114 days from the call of the special election. As of this meeting date, the Council has the option of consolidating a special election with the November 5, 2024 general municipal election or calling a special mail-in ballot election on May 7, 2024. The options are discussed further below. However, for the reasons discussed below, the option to call a special mail-in ballot election on May 7, 2024, will no longer be available to the City Council after January 14th should the Council decide to delay its decision this evening to a later date.

Special Election - Consolidated
Although there is an upcoming “regularly established election date” scheduled for March 5, 2024 (the Presidential Primary Election) under Elections Code Section 1000(a), that election date does not satisfy the minimum 114 day requirement and, if counting from today’s date, would occur 56 days from the date of this meeting. Therefore, calling a special election for March 5, 2024 is not a feasible option for the Council.

Per Elections Code Section 1000(e), the next established election date that is not less than 114 days from today’s meeting date (should the Council call the special election this evening) is the Consolidated General Election on November 5, 2024. There are 301 days in between today’s date and November 5, 2024. Additionally, even if the City Council were to delay their decision this evening on how to fill the vacancy until a date no later than February 10, 2024, the next established election date would still be the November 5, 2024 Consolidated General Election because there are 269 days in between February 10th and November 5th.

Should the Council wish to call a special election on November 5, 2024, the District 4 seat will remain vacant until that election date. Per Government Code Section 36512(b)(1), the person elected at the November 5, 2024 election to fill the vacancy will hold office for the remainder of Councilmember Gonzales’ unexpired term until the November 2026 Consolidated General Election (i.e., through December 2026).

Special Election - Stand-Alone (All Mail-In Ballot)
Alternatively, the Elections Code also provides for “established mailed ballot election dates” and the City qualifies to hold an all mail-in ballot election to fill this vacancy under Elections Code Section 4004(c)(2).

In lieu of calling a special election on the November 5, 2024 Consolidated General Election date, the Council could choose to call a special election via all mail-in ballots. Under Elections Code 1500, the next special mail-in ballot election date that would meet the 114-day requirement is May 7, 2024 (there are 119 days in between January 9th is May 7th). But if the Council delays their decision this evening on how to fill the vacancy until any date after January 14th but before February 10th, the Council will not make the 114-day deadline to call a special mail-in ballot election on May 7th.

Should the Council decide to hold a special election via all mail-in ballots on May 7, 2024, the District 4 seat will remain vacant until that election date. Per Government Code Section 36512(b)(1), the person elected to fill the vacancy will hold office for the remainder of Councilmember Gonzales’ unexpired term 1849
until the November 2026 Consolidated General Election (i.e., through December 2026).

FISCAL IMPACT:

The current registered voter total for the City of Banning's District 4 is currently at 4,260 (as of December 14, 2023).

Appointment
If the City Council wished to fill the vacancy by appointment until the next regular election, the additional cost to the City would be the cost of a consolidated election (e.g. held on a date with other elections).

The base cost for a consolidated election is $1 per registered voter, a consolidated special vacancy election would be approximately $5,000.

Special Election
Should the City Council wish to fill the position via a special election, the additional cost to the City would be the cost of a stand-alone election (e.g. not held in conjunction with any other election). The base cost for a standalone (non-consolidated) election is $3.50 per registered voter, a special vacancy election would be approximately $16,000.

ALTERNATIVES:

1. Determine to fill the vacancy by appointment before February 10, 2024, and provide direction to staff concerning a process for filling the vacancy by appointment.

2. Determine to fill the vacancy by calling a special election before February 10, 2024, to be held and consolidated with the Consolidated General Election on November 5, 2024, and adopt Resolution 2024-

01. 3. Determine to fill the vacancy by calling a special all mail-in ballot election before January 14, 2024, to be held on May 7, 2024, and adopt Resolution 2024-02.

4. Do not decide how to fill the City Council District 4 vacancy at this time, provide alternative direction to staff regarding the filling of the vacancy, and determine a date to call a special City Council meeting on or prior to February 10, 2024, in order for the City Council to determine how to fill the vacancy in compliance with Government Code Section 36512.

ATTACHMENTS:

1. Resolution_2024-01__Special_Election.pdf

2. Resolution_2024-02__Special_Election_-_2.pdf

3. Att 1. GOV_1770..pdf

4. Att 2. Banning, CA Code of Ordinances Section 2.04.040.pdf

5. Att 3. GOV_36512..pdf

6. Att 4. ELEC_1000..pdf

7. Att 5. ELEC_1500..pdf

8. Att 6. ELEC_4004..pdf
1850
Resolution 2024-01

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RESOLUTION 2024-01

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

CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, TO FILL A VACANCY ON THE CITY COUNCIL, DISTRICT 4, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE

STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND THE BANNING

MUNICIPAL CODE, AND CONSOLIDATING THE ELECTION WITH THE STATEWIDE

GENERAL ELECTION TO BE HELD ON THE SAME DAY
WHEREAS, Council Member Reuben Gonzales was elected to a four-year term to represent City Council District 4 on November 8, 2022; and WHEREAS, a vacancy in the office of City Council, District 4, was created by the resignation of Reuben Gonzales on December 12, 2023; and WHEREAS, the term of office in which the vacancy occurs ends in December 2026; and WHEREAS, the vacancy shall be filled under the provisions of the laws relating to general law cities in the State of California and Chapter 2.04.040 of the Banning Municipal Code; and WHEREAS, on January 9, 2024, pursuant to Government Code Section 36512, the City Council provided direction to fill the vacancy in City Council District 4 by calling a special election to fill the remaining term of office; and
WHEREAS, the special election to fill the vacancy must take place at the next regularly established election date that is not less than 114 days from the call of the special election; and WHEREAS, pursuant to Elections Code Section 1000, the next established election date that is not less than 114 days from the call of the special election made pursuant to this Resolution is November 5, 2024; and
WHEREAS, it is desirable that the special election be consolidated with the statewide general election to be held on November 5, 2024, and that within the City of Banning, the precincts, polling places, and election officers of the two elections be the same, and that the Riverside County Registrar of Voters canvass the returns of the special election and that the election be held in all respects as if there were only one election.

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

SECTION 1. After due consideration, and pursuant to applicable law, the City Council hereby determines that the vacancy in City Council District 4 shall be filled by the election of a replacement at a Special Municipal Election. The boundaries of City Council District 4 are more particularly depicted and described in Exhibit A to this Resolution.

SECTION 2. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is hereby called and ordered to be held in the City of Banning, County of Riverside, State of California, on Tuesday, November 5, 2024, a Special Municipal Election for the purpose of electing one Member of the City Council representing District 4 for the unexpired term of Reuben Gonzales, which expires in December 2026. 1851
Resolution 2024-01

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SECTION 3. That the Special Municipal Election hereby called for the date hereinbefore specified shall be and is hereby ordered consolidated with the General Municipal Election to be held on November 5, 2024. The ballots to be used at the election shall be in form and content as required by law. The proceedings, polling places, precincts, precinct board members and officers for the Special Municipal Election shall be the same as those provided for said election. The Board of Supervisors of Riverside County is hereby requested to order the consolidation of the Special Municipal Election hereby called with said General Municipal Election, and the Riverside County Registrar of Voters is hereby authorized to canvass the returns of said Special Municipal Election.

Said Registrar of Voters shall supervise the canvass of said returns for said General Municipal Election and Special Municipal Election and transmit said returns to the City Council of said City which shall thereafter declare the results thereof.

SECTION 4. Candidates seeking election to fill the vacancy at the Special Municipal Election shall be nominated separately from candidates seeking election to full terms on the City Council, and the Special Municipal Election shall appear separately on the ballot.

SECTION 5. The City of Banning shall reimburse the County of Riverside for services performed when the work is completed and upon presentation to the City of a properly approved bill.

SECTION 6. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 7. That the notice of the time and place of holding the election is given and the Administrative City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 8. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this Resolution.

SECTION 9. 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.

SECTION 10. The City Clerk is directed to forward, without delay, to the Riverside County Registrar of Voters, a certified copy of this Resolution.

PASSED, APPROVED AND ADOPTED this 9th day of January 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
1852
Resolution 2024-01

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APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
1853
Resolution 2024-01

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CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-001, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of January, 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
1854

EXHIBIT A
Resolution 2024-01

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MAP OF COUNCIL DISTRICTS BOUNDARIES
As Updated by Ordinance 1581 in March 2022
1855

EXHIBIT A
Resolution 2024-01

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DETAILED 2020 ADOPTED DISTRICT BOUNDARIES
District 1: Beginning at the intersection of Sunset Avenue and I-10, proceeding northerly along Sunset Avenue until Jacinto View Road; thence proceeding westerly along Jacinto View Road until Omar Street; thence proceeding northerly along Omar until Wilson Street; thence proceeding easterly along Wilson Street until San Gorgonio Avenue; thence proceeding southerly along San Gorgonio Avenue until Nicolet Street; thence proceeding westerly along Nicolet Street until Eighth Street; thence proceeding southerly along Eighth Street until I-10, thence westerly along I-10 to Sunset Avenue which is the point of origin.

District 2: Beginning at the intersection of Westward Avenue and Sunset Avenue; proceeding northerly along Sunset Avenue until I-10; thence proceeding easterly along I- 10 until 8th Street; thence proceeding northerly along 8th Street until Nicolet Street; thence proceeding easterly along Nicolet Street until Hargrave Street; thence proceeding southerly along Hargrave Street until I-10; thence proceeding easterly along I-10 until the border of the Morongo Tribal Reservation; thence proceeding southerly along the border of the Morongo Tribal Reservation until the City border; thence proceeding clockwise along the City border until the point of origin.

District 3: Beginning at the intersection of Wilson Street and Highland Springs Avenue; thence proceeding easterly along Wilson Street until Kingswell Drive; thence proceeding southerly along Kingswell Drive until Spring View Drive; thence proceeding easterly along Spring View Drive until Meridian Avenue; thence proceeding southerly along Meridian Avenue, which becomes Highland Home Road and its extension until I-10; thence proceeding easterly along I-10 until Sunset Avenue; thence proceeding southerly along Sunset Avenue until the City border; thence proceeding clockwise along the City border until the point of origin.

District 4: Beginning at the intersection of Wilson Street and Highland Springs Avenue: thence proceeding easterly along Wilson Street until Kingswell Drive; thence proceeding southerly along Kingswell Drive until Spring View Drive; thence proceeding easterly along Spring View Drive until Meridian Avenue; thence proceeding southerly along Meridian Avenue, which becomes Highland Home Road and its extension until I-10; thence proceeding easterly along I-10 until Sunset Avenue; thence proceeding northerly along Sunset Avenue until Jacinto View Road; thence proceeding westerly along Jacinto View Road until Omar Street; thence proceeding northerly along Omar to Wilson Street; thence proceeding easterly along Wilson Street until San Gorgonio Avenue; thence proceeding northerly along San Gorgonio Avenue until Gilman Road; thence proceeding westerly along Gilman Road until 8th Street; thence proceeding northerly along 8th Street until Indian School Lane; thence proceeding easterly along Indian School Lane until San Gorgonio Avenue; thence proceeding northerly along San Gorgonio Avenue until the City border; thence proceeding counter-clockwise along the City border until point of origin.

District 5: Beginning at the intersection of the Morongo Tribal Reservation and the southern border of the City, proceeding northerly along the border of the Morongo Tribal Reservation until I-10; thence proceeding westerly along I-10 until Hargrave Street; thence proceeding northerly along Hargrave Street until Nicolet Street; thence proceeding westerly along Nicolet Street until San Gorgonio Avenue; thence proceeding northerly along San Gorgonio Avenue until Gilman Street; thence proceeding westerly along Wilson Street until 8th Street; thence proceeding northerly along 8th Street until Indian School Lane; thence proceeding easterly along Indian School Lane until San Gorgonio Avenue; thence proceeding northerly along San Gorgonio Avenue until the City border; thence proceeding clockwise along the City border until the point of origin. 1856
Resolution 2024-02

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RESOLUTION 2024-02

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

CALLING FOR AND GIVING NOTICE OF THE HOLDING OF AN ALL-MAIL BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 7, 2024, TO FILL A VACANCY ON THE CITY COUNCIL, DISTRICT 4, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF

THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND THE BANNING

MUNICIPAL CODE
WHEREAS, Councilmember Reuben Gonzales was elected to a four-year term to represent City Council District 4 on November 8, 2022; and WHEREAS, a vacancy in the office of City Council, District 4, was created by the resignation of Reuben Gonzales on December 12, 2023; and WHEREAS, the term of office in which the vacancy occurs ends in December 2026; and WHEREAS, the vacancy shall be filled under the provisions of the laws relating to general law cities in the State of California and Chapter 2.04.040 of the Banning Municipal Code; and WHEREAS, on January 9, 2024, pursuant to Government Code Section 36512, the City Council provided direction to fill the vacancy in City Council District 4 by calling a special election to fill the remaining term of office; and
WHEREAS, under Elections Code 4004, the City of Banning meets the definition and threshold of a small city and is able to call an all-mail ballot election to fill a vacancy on City Council provided it passes a resolution authorizing mailed ballots for the election, the election is not held on the same date as any statewide primary or general election, the election is not consolidated with any other election, and the return of mailed ballots is conducted pursuant to Elections Code Section 3017; and
WHEREAS, the special election to fill the vacancy must take place at the next regularly established election date that is not less than 114 days from the call of the special election; and WHEREAS, pursuant to Elections Code Sections 1500, the next established mail-in ballot election date that is not less than 114 days from the call of the special election made pursuant to this Resolution is May 7, 2024.

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

SECTION 1. After due consideration, and pursuant to applicable law, the City Council hereby determines that the vacancy in City Council District 4 shall be filled by the election of a replacement at an all-mail ballot Special Municipal Election. The boundaries of City Council District 4 are more particularly depicted and described in Exhibit A to this Resolution.

SECTION 2. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is hereby called and ordered to be held in the City of Banning, County of Riverside, State of California, on Tuesday, May 7, 2024, a Special Municipal Election conducted by mail-in ballot for the purpose of electing one Member of the City Council representing District 4 for the unexpired term of Reuben Gonzales, which expires in December 2026. 1857
Resolution 2024-02

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SECTION 3. The vote-by-mail ballots to be used for the election shall be in form and content as required by law. The Riverside County Registrar of Voters is hereby authorized to process and canvass the vote-by-mail ballots of said Special Municipal Election. Said Registrar of Voters shall supervise the processing and canvassing of said returns for said all-mail ballot Special Municipal Election and transmit said returns to the City Council of said City which shall thereafter declare the results thereof.

SECTION 4. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 5. That the notice of the time and place of holding the election is given and the Administrative City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.

SECTION 6. That the City Clerk is authorized, instructed, and directed to coordinate with the Riverside County Registrar of Voters to procure and furnish any and all official ballots, notices, printed material, and all supplies, equipment, and paraphernalia that may be necessary to properly and lawfully conduct the election.

SECTION 7. The City of Banning shall reimburse the County of Riverside for services performed when the work is completed and upon presentation to the City of a properly approved bill.

SECTION 8. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this Resolution.

SECTION 9. 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.

SECTION 10. The City Clerk is directed to forward, without delay, to the Riverside County Registrar of Voters, a certified copy of this Resolution.

PASSED, APPROVED AND ADOPTED this 9th day of January 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
1858
Resolution 2024-02

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APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
1859
Resolution 2024-02

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CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-002, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of January, 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
1860

EXHIBIT A
Resolution 2024-02

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MAP OF COUNCIL DISTRICTS BOUNDARIES
As Updated by Ordinance 1581 in March 2022
1861

EXHIBIT A
Resolution 2024-02

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GOVERNMENT CODE
Section 1770
1770. An office becomes vacant on the happening of any of the following events before the expiration of the term:
(a)  The death of the incumbent.
(b)  An adjudication pursuant to a quo warranto proceeding declaring that the incumbent is physically or mentally incapacitated due to disease, illness, or accident, and that there is reasonable cause to believe that the incumbent will not be able to perform the duties of his or her office for the remainder of his or her term. This subdivision shall not apply to offices created by the California Constitution nor to federal or state legislators.
(c)  (1)  His or her resignation, except as provided in paragraph (2). (2)  In the case of the office of city council member, upon the delivery of a letter of resignation by the resigning council member to the city clerk. The letter of resignation may specify a date on which the resignation will become effective. (d)  His or her removal from office.
(e)  His or her ceasing to be an inhabitant of the state, or if the office be local and one for which local residence is required by law, of the district, county, or city for which the officer was chosen or appointed, or within which the duties of his or her office are required to be discharged.
(f)  His or her absence from the state without the permission required by law beyond the period allowed by law.
(g)  His or her ceasing to discharge the duties of his or her office for the period of three consecutive months, except when prevented by sickness, or when absent from the state with the permission required by law.
(h)  His or her conviction of a felony or of any offense involving a violation of his or her official duties. An officer shall be deemed to have been convicted under this subdivision when trial court judgment is entered. For purposes of this subdivision, “trial court judgment” means a judgment by the trial court either sentencing the officer or otherwise upholding and implementing the plea, verdict, or finding. (i)  His or her refusal or neglect to file his or her required oath or bond within the time prescribed.
(j)  The decision of a competent tribunal declaring void his or her election or appointment.
(k)  The making of an order vacating his or her office or declaring the office vacant when the officer fails to furnish an additional or supplemental bond. (l)  His or her commitment to a hospital or sanitarium by a court of competent jurisdiction as a drug addict, dipsomaniac, inebriate, or stimulant addict; but in that 186397
event the office shall not be deemed vacant until the order of commitment has become final.
(m)  (1)  The incumbent is listed in the Excluded Parties List System and all of the following subparagraphs apply:
(A)  The office is one that the incumbent holds ex officio, by virtue of holding another office, or as an appointee.
(B)  The appointed or ex officio office is on the governing board of a local agency that is, or may reasonably be expected to be, a participant or principal in a covered transaction, pursuant to federal law.
(C)  A federal agency head or designee has not granted the incumbent an exception, in writing, permitting the incumbent to participate in a particular covered transaction in which the local agency is, or may reasonably be expected to be, a participant or principal.
(2)  For purposes of this subdivision, the following terms have the following meanings:
(A)  “Excluded Parties List System” means the list maintained and disseminated by the federal General Services Administration containing names of, and other information about, persons who are debarred, suspended, disqualified, or otherwise excluded from participating in a covered transaction, pursuant to federal law. (B)  “Local agency” includes, but is not limited to, a county, whether general law or chartered, city, whether general law or chartered, city and county, school district, municipal corporation, district, political subdivision, or any board, commission, or agency of one of these entities.
(C)  “Federal law” includes, but is not limited to, federal regulations adopted pursuant to Section 2455 of Public Law 103-355 (108 Stat. 3327), Executive Order No. 11738, Executive Order No. 12549, and Executive Order No. 12689. (3)  This subdivision shall not apply to an elective office. (Amended by Stats. 2014, Ch. 725, Sec. 1. (AB 1795) Effective January 1, 2015.) 186497
12/21/23, 9:36 AM Banning, CA Code of Ordinances
about:blank 1/1
A.

2.04.050 - City council—Regular review of public utilities department operations.

The city council shall meet as required but not less than once each quarter, to review the operations of the public utilities. Said operations and related subjects shall be the only topics upon which a decision may be made at any meeting held pursuant to this section, except as set forth in subsection C. Meetings shall be regularly held on a date and at a time and location to be established by resolution of the city council.

A meeting, other than a regularly scheduled meeting, may be scheduled by the city manager, or upon the request of the mayor or two members of the city council.

At least once monthly, at a regular meeting of the city council, the city manager shall present on the consent agenda for review, the record of the prior month's operations of the public utilities department. (Code 1965, § 2-2.4.)
1865
State of California

GOVERNMENT CODE
Section 36512
36512. (a)  If a vacancy occurs in an appointive office provided for in this chapter, the council shall fill the vacancy by appointment. A person appointed to fill a vacancy holds office for the unexpired term of the former incumbent. (b)  If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. (1)  If the council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent.
(2)  If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following:
(A)  If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.
(B)  If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.
(c)  Notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance that does any of the following:
(1)  Requires that a special election be called immediately to fill every city council vacancy and the office of mayor designated pursuant to Section 34902. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. (2)  Requires that a special election be held to fill a city council vacancy and the office of mayor designated pursuant to Section 34902 when petitions bearing a specified number of verified signatures are filed. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the filing of the petition. A governing body that has enacted such an ordinance may also call a special election pursuant to subdivision (b) without waiting for the filing of a petition.
1866971
(3)  Provides that a person appointed to fill a vacancy on the city council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. The special election may be held on the date of the next regularly established election or regularly scheduled municipal election to be held throughout the city not less than 114 days from the call of the special election. (d)  (1)  Notwithstanding subdivision (b) and Section 34902, an appointment shall not be made to fill a vacancy on a city council if the appointment would result in a majority of the members serving on the council having been appointed. The vacancy shall be filled in the manner provided by this subdivision. (2)  The city council may call an election to fill the vacancy, to be held on the next regularly established election date not less than 114 days after the call. (3)  If the city council does not call an election pursuant to paragraph (2), the vacancy shall be filled at the next regularly established election date. (e)  (1)  If the city council of a city that elects city council members by or from districts elects to fill a vacancy on the city council by appointment as a result of a city council member resigning from office, the resigning city council member may cast a vote on the appointment if the resignation will go into effect upon the appointment of a successor. A city council member shall not cast a vote for a family member or any other person with whom the city council member has a relationship that may create a potential conflict of interest.
(2)  If a city council member elects to cast a vote under this subdivision, the city council member shall be prohibited from the following actions for a period of two years after the appointment of a successor:
(A)  Advocating on any measure or issue coming before the city council in which the city council member may have a personal benefit.
(B)  Entering into a contract of any kind with the city or a city vendor. (C)  Accepting a position of employment with the city or a city vendor. (D)  Applying for a permit that is subject to the approval of the city council. (3)  This subdivision shall not apply to any city council member who is resigning from the city council due to charges of, or conviction for, corruption or criminal behavior, or who is subject to a recall election.
(Amended by Stats. 2015, Ch. 185, Sec. 1. (AB 952) Effective January 1, 2016.) 1867972
State of California

ELECTIONS CODE
Section 1000
1000. The established election dates are as follows:
(a)  The first Tuesday after the first Monday in March of each even-numbered year that is evenly divisible by four.
(b)  The first Tuesday after the first Monday in March of each odd-numbered year. (c)  The second Tuesday of April in each even-numbered year. (d)  The first Tuesday after the first Monday in June in each even-numbered year that is not evenly divisible by four.
(e)  The first Tuesday after the first Monday in November of each year. (Amended by Stats. 2020, Ch. 111, Sec. 4. (SB 970) Effective January 1, 2021.) 1868970
State of California

ELECTIONS CODE
Section 1500
1500. The established mailed ballot election dates are as follows:
(a) The first Tuesday after the first Monday in May of each year. (b) The last Tuesday in August of each year.
(Amended by Stats. 2018, Ch. 58, Sec. 1. (AB 3259) Effective January 1, 2019.) 18699
State of California

ELECTIONS CODE
Section 4004
4004. (a)  “Small city” means a city with a population of 100,000 or less, as determined by the annual city total population rankings by the Demographic Research Unit of the Department of Finance.
(b)  “Eligible entity” means a school district or a special district. (c)  Notwithstanding Sections 1500 and 4000, an election in a small city or an eligible entity may be conducted wholly as an all-mail ballot election, subject to the following conditions:
(1)  The legislative body of the small city or the governing body of the eligible entity, by resolution, authorizes the use of mailed ballots for the election. (2)  The election is a special election to fill a vacancy in the legislative body or governing body.
(3)  The election is not held on the same date as a statewide primary or general election.
(4)  The election is not consolidated with any other election. (5)  The return of voted mail ballots is subject to Section 3017. (Amended by Stats. 2005, Ch. 86, Sec. 2. Effective July 19, 2005.) 1870968

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Doug Schulze, City Manager
MEETING DATE: January 9, 2024
SUBJECT: Consideration and Introduction of Ordinance 1597, An Ordinance of the City of Banning, California, Establishing Regulations Governing the Possession of Catalytic Converters, and Amending Title 9 of the Banning Municipal Code.

RECOMMENDATION:

A motion waiving full reading and introducing, as read by title only, Ordinance 1597, establishing regulations governing the possession of catalytic converters, and amending Title 9 of the Banning Municipal Code.

BACKGROUND:

Theft of catalytic converters has been an increasing problem in Riverside County as well as in Banning in recent years. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community.

The purpose and intent of this ordinance is to curb the theft of catalytic converters in Banning and to provide the City with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts. Similar ordinances have been adopted by Riverside County and the City of Beaumont.

JUSTIFICATION:

The inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for thefts. This ordinance is necessary to provide the City of Banning a means to protect the public, deter this criminal activity and promote a more productive use of City resources.

FISCAL IMPACT:

City staff and legal counsel time involved with preparation of ordinance and staff report is minimal.

Adoption of this ordinance will create efficiencies for law enforcement personnel.

ALTERNATIVES:

1. Waive full reading and introduce, as read by title only, Ordinance 1597, as written.

2. Waive full reading and introduce, as read by title only, Ordinance 1597, with modifications.

3. Do not introduce Ordinance 1597.

ATTACHMENTS:
1871

1. Banning_-_Catalytic_Converter_Ordinance.pdf
1872
Ordinance 1597

Page 1 of 5 ends

ORDINANCE 1597

AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA,

ESTABLISHING REGULATIONS GOVERNING THE POSSESSION OF
CATALYTIC CONVERTERS, AND AMENDING TITLE 9 OF THE

BANNING MUNICIPAL CODE
The City Council of the City of Banning does hereby ordain as follows:

SECTION 1. Findings and Purpose.

A. The City Council finds that theft of catalytic converters has been an increasing problem in Banning in recent years. In the City, dozens of reports of catalytic converter thefts occur annually impacting many victims. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community.

B. Finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occur and lack of identifying markers on catalytic converters to link a stolen catalytic converter to the victim. The inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for the thefts. This ordinance is necessary to provide the City a means to protect the public, deter this criminal activity, and promote a more productive use of City of Banning resources.

C. In accordance with the California Constitution, Article XI, Section 7, a city may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.

D. The purpose and intent of this Ordinance is to curb the theft of catalytic converters throughout the City and to provide the City with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts.

SECTION 2. A new Chapter 9.28 is hereby added to Title 9 (Public Peace, Morals, and Welfare) of the Banning Municipal Code, to read, as follows:
“Chapter 9.28 - UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS Sections:

9.28.010 - Definitions.

9.28.020 - Unlawful possession of a catalytic converter.

9.28.030 - Violations and enforcement.
1873
Ordinance 1597

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9.28.010 - Definitions.

As used in this chapter, the following terms shall have the following meanings:
“Catalytic converter” means any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less-toxic pollutants, and shall also mean ‘catalytic converter’ as that term is used in California Vehicle Code Section 10852.5.
“Documentation or other proof” means written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances, which includes, but is not limited to, the following types of documents:

1. Signed bill of sale from the original owner authorizing removal of the catalytic converter, including the vehicle owner’s name, address, and telephone number.

2. Verifiable documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop or similar business.

3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.

4. Photographs of the vehicle from which the catalytic converter originated clearly showing the vehicle’s license plate number and vehicle identification number.

5. Vehicle registration associated with the catalytic converter together with photographs showing an etched associated license plate number or vehicle identification number or driver’s license number of registered vehicle owner claimed to have conveyed the catalytic converter to the person now in possession.
“Lawful possession” means (1) being the lawful owner of the catalytic converter or (2) being in possession of the catalytic converter with the lawful owner’s verifiable written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a lawful possession.
“Enforcement officer” means a sworn officer of the police department, sworn federal task force officer, building official, code enforcement official, city attorney, or district attorney, and their designees.

9.28.020 - Unlawful possession of a catalytic converter.

A. Barring any provision of state law permitting the same, it is unlawful for any person to possess any catalytic converter which is not properly installed in a 1874
Ordinance 1597

Page 3 of 5 ends

vehicle unless the person has a documentation or other proof verifying they are in lawful possession of the catalytic converter.

B. This section does not apply to a detached catalytic converter, otherwise lawfully possessed, that has been verifiably tested, certified, and labeled or otherwise approved for reuse, and is being bought or sold for purposes of reuse in accordance with (i) the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and regulations under the Clean Air Act; or (ii) or applicable regulations of the California Air Resources Board, as they may be amended from time to time.

C. It is unlawful for any person to knowingly falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.

D. Evidence of unlawful possession may be presumed by the number of detached catalytic converters within one’s possession and/or by the condition of the dismantled catalytic converter(s), including, but not limited to, the manner a catalytic converter has been detached or cut from a vehicle.

9.28.030 - Violations and enforcement.

A. Misdemeanor Penalty. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for a term not exceeding one year, or by both. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of one thousand dollars and by imprisonment in the county jail for one year.

B. State Penalties Apply. Nothing in this chapter shall be intended to limit any of the penalties provided for under California law, including, but not limited to, the Penal Code, with regard to the sale, use, possession, delivery, and/or receipt of catalytic converters.

C. Administrative Civil Penalty. In addition to any other penalties provided by law, whenever an enforcement officer determines a violation of this chapter has occurred, the enforcement officer shall have the authority to issue an administrative citation with an administrative civil penalty to any person responsible for the violation, in accordance with and subject to the provisions of chapter 1.20 of this code.”
SECTION 3. Non-exclusive Remedies and Penalties. All remedies and penalties for violations of the prohibitions in this Ordinance shall be cumulative and not exclusive.

Enforcement by use of any administrative, criminal or civil action, citation or administrative proceeding or abatement remedy does not preclude the use of additional citations or other remedies as authorized by other ordinance or law. Enforcement remedies may be employed concurrently or consecutively. Conviction and punishment of or enforcement against any person hereunder shall not relieve such person from the responsibility of 1875
Ordinance 1597

Page 4 of 5 ends

correcting, removing, or abating a violation, nor prevent the enforced correction, removal, or abatement thereof.

SECTION 4. Severability. The provisions of this Ordinance are separate and severable.

If any provision of this Ordinance is for any reason held by a court to be unconstitutional or invalid, the City Council declares that it would have passed this Ordinance irrespective of the invalidity of the provision held to be unconstitutional or invalid. Such unconstitutionality or invalidity shall therefore not affect the remaining provisions of this Ordinance, or the validity of its application to other persons or circumstances.

SECTION 5: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Banning’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 6: This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption.

PASSED, APPROVED AND ADOPTED this ____ day of __________, 2024. ______________________, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita Young, City Attorney
Richards, Watson & Gershon
1876
Ordinance 1597

Page 5 of 5 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that Ordinance 1597 was duly introduced at a regular meeting of the City Council of the City of Banning, held on the 12th day of December, 2023, and was duly adopted at a regular meeting of said City Council on the ___ day of ____________, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
1877

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Lincoln Bogard, Administrative Services Director MEETING DATE: January 9, 2024
SUBJECT: Consideration of Resolution 2024-09, Approving a Three (3) Year Master Services Agreement with IGM Technology Corp. for Software Services Platform Modules (SaaS): IGM Gravity Budgeting, Reporting, Transparency, Business Intelligence, Annual Comprehensive Financial Report, Popular Annual Financial Report, Monthly/Quarterly Reporting, ADA Compliance, and Pension and Other Post Employment Benefits Disclosures with a Not-To-Exceed Amount of $170,558 After a $30,000 Discount
RECOMMENDATION:

Adopt Resolution 2024-09:

1.Approving a Three (3) year Master Services Agreement with IGM Technology Corp. for Software Services Platform Modules (SaaS): IGM Gravity Budgeting, Reporting, Transparency, Business Intelligence, Annual Comprehensive Financial Report, Popular Annual Financial Report, Monthly/Quarterly Reporting, ADA Compliance, and Pension and Other Post Employment Benefits Disclosures with a Not-To-Exceed Amount of $170,558 After a $30,000 Discount.

2. Authorizing the City Manager to sign the agreement, make non-substantive changes to contract language.

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

BACKGROUND:

On February 12, 2019, the City approved Resolution 2019-15 approving the OpenGov Budgeting & Transparency module. The Budgeting & Transparency module continues to be utilized by all Departments in preparing budgeting documents and promoting transparency. On August 22, 2023, the City extended this contract for five (5) years, which also included the Procurement and Cartegraph Enterprise Asset Management modules.

Over 50 government entities use IGM Gravity, including counties in California, which confirmed the automation and reduced duplication of inputs and potential for errors significantly. The product suite also includes multiple uses that currently exceed those available from OpenGov.

Staff obtained three quotes for the IGM Gravity solution: (1) Direct Vendor Quote; (2) SHI Purchasing Cooperative; and (3) Insight Purchasing Cooperative. The Direct Vendor Quote was the best priced option due to a Holiday promotion by the vendor.

JUSTIFICATION:

The City has experienced several issues with the OpenGov Budgeting & Transparency module and has 1878
identified an alternative solution called IGM Gravity, which includes Budgeting, Budget Book creation, Capital Improvement Planning and Reporting, Project and Priority Based Budgeting, Annual Comprehensive Financial Report (ACFR) creation, and a Transparency solution called OpenData. IGM Gravity even includes the creation of a Popular Annual Financial Report, Monthly/Quarterly Reporting, Business Intelligence, and other solutions which the City has never had previously.

FISCAL IMPACT:

Implementing IGM Gravity will save an average of $3,800 per year in annual service fees versus OpenGov Budgeting & Planning, plus the cost of paying our External Auditors to compile our ACFR (approximately $2,500 per year), and the cost of ResourceX for Priority Based Budgeting (if IGM performs as well) which will save $32,500 per year. Staff plans to cancel all redundant contracts and services.

Year Estimated Amount
2023/2024
$35,000 (Implementation Cost - Includes $20,000
Discount)
2023/2024
$43,000 (Annual Service Fee - Includes $10,000
Discount)
2024/2025 $45,130
2025/2026 $47,408
Total Not-To-Exceed Amount of $170,558.

OpenGov contractual savings $146,091 for three years.

ACFR compilation savings approximately $7,500 for three years.

ResourceX savings $97,500 for three years.

Total savings of approximately $80,533, or $45,533 including one-time implementation costs.

All items discussed currently budgeted in Central Services Contractual Services general ledger account 705-4500-412.33-11. The $35,000 implementation costs will be funded from the ARPA grant and Annual Service costs will be funded from the account identified above.

ALTERNATIVES:

1. Adopt Resolution 2024-09 as recommended.

2. Adopt Resolution 2024-09 with modifications.

3. Do not adopt Resolution 2024-09 and provide staff with alternative direction.

ATTACHMENTS:

1. Resolution_2024-09__IGM_Gravity.pdf

1. IGM Technology SaaS Agreement - City of Banning CA_TKF 11.7.23 (002).pdf 1879
Resolution 2024-09

Page 1 of 4 ends

RESOLUTION 2024-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING A THREE (3) YEAR MASTER SERVICES AGREEMENT WITH IGM TECHNOLOGY CORP. FOR SOFTWARE SERVICES PLATFORM MODULES (SAAS): IGM

GRAVITY BUDGETING, REPORTING, TRANSPARENCY, BUSINESS INTELLIGENCE,

ANNUAL COMPREHENSIVE FINANCIAL REPORT, POPULAR ANNUAL FINANCIAL

REPORT, MONTHLY/QUARTERLY REPORTING, ADA COMPLIANCE, AND PENSION AND

OTHER POST EMPLOYMENT BENEFITS DISCLOSURES FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $170,558 AFTER A $30,000 DISCOUNT
WHEREAS, on February 12, 2019, the City approved Resolution 2019-15 approving the OpenGov Budgeting & Transparency module. The Budgeting & Transparency module continues to be utilized by all Departments in preparing budgeting documents and promoting transparency; and
WHEREAS, on August 22, 2023, the City extended this contract for five (5) years, which also included the Procurement and Cartegraph Enterprise Asset Management modules; and WHEREAS, the City has experienced several issues with the Budgeting & Transparency module and has identified an alternative solution called IGM Gravity, which includes Budgeting, Budget Book creation, Capital Improvement Planning and Reporting, Project and Priority Based Budgeting, Annual Comprehensive Financial Report (ACFR) creation, and a Transparency solution called OpenData; and
WHEREAS, over 50 government entities use IGM Gravity, including counties in California, which confirmed the automation and reduced duplication of inputs and potential for errors significantly; and
WHEREAS, by implementing IGM Gravity the City will save an average of $3,800 per year in annual service fees versus OpenGov Budgeting & Planning, plus the cost of paying our External Auditors to compile our ACFR (approximately $2,500 per year), and the cost of ResourceX for Priority Based Budgeting which will save $32,500 per year.

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

SECTION 1. The City Council authorizes the City Manager to execute a three (3) year contract with IGM Gravity the modules identified above in the amount of $170,558 and to cancel OpenGov Budgeting & Transparency, External Auditor ACFR compilation, and ResourceX Priority Based Budgeting.

SECTION 2. Authorize the City Manager or designee to make non-substantive changes to contractual language and any necessary budget adjustments, appropriations and transfers related to the Amendment to the Agreement with IGM Technology Corp.

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. 1880
Resolution 2024-09

Page 2 of 4 ends

PASSED, APPROVED AND ADOPTED this 9th day of January 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
1881
Resolution 2024-09

Page 3 of 4 ends

CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-09 was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of January 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
1882
Resolution 2024-09

Page 4 of 4 ends

EXHIBIT A
IGM Gravity Agreement
1883
SaaS Services Agreement
Customer: City of Banning, CA Contact: Lincoln Bogard
Address: 99 E. Ramsey Street
Banning, CA 92220
Title: Administrative Services
Director
E-Mail: [email protected] Phone: (951) 922-3118
Services:

Access to Gravity (the “Service(s)”) for one year starting the commencement date of the contract.

Annual Service Fees – Year 1:

The Customer has the right to identify up to 20 Named Users to have Access to Gravity. The Service Capacity includes:

Item # Service Number of Users Fee (USD)
20 Gravity Base Platform 20 $16,000
21 Gravity Budget Book module
L Proposed budget book
L Adopted budget book
$8,000
24 Gravity Budgeting Planning module
L Revenues and operational expenses
L Personnel costs Budgeting
L Capital Improvements Projects
$8,000
22 Gravity - ACFR module
L ACFR
L PAFR
$8,000
25 Gravity - Open Data Transparency Portal $4,000

29.1 ADA Compliance for Adopted Budget Book $1,000

29.2 ADA Compliance for ACFR $1,000

29.3 ADA Compliance for PAFR $500

29.4 ADA Compliance for CIP Report $500

29.5 ADA Compliance for Open Data Transparency Portal $2,000 Sub-Total $49,000
Multi Module Discount & End of Year Promotion ($10,000) Total Service Fees – 12 months 20 $39,000
Service Fees for the first year are payable net 30 days after the Effective Date of this agreement. 1884
P A G E 1
1885
Renewals
If the Customer chooses to renew its subscription to Gravity for additional years with the same Service Capacity, then the Service Fees for the following years will be:

Year Annual Services Fee (USD)
Year 2 $40,950
Year 3 $42,998
Service Fees in subsequent years will be governed by the terms and conditions of this SaaS Service Agreement. In subsequent years, Service Fees are payable net 30 days after the renewal date.

Implementation Services:

Company will use commercially reasonable efforts to provide Customer the services described in the Statement of Work (“SOW”) attached as Exhibit A hereto (“Implementation Services”), and Customer shall pay Company the Implementation Fee in accordance with the terms herein.

Implementation Fee:
(one-time fee):

Item # Service Number of Users Fee (USD)
87 Gravity Budget Book module
• Proposed budget book
• Adopted budget book
$10,000
85 Gravity Budget Planning module
• Revenues and operational expenses
• Personnel costs Budgeting
• Capital Improvements Projects
$10,000
84 ACFR Report Implementation Services $10,000
82 PAFR Report Implementation Services – up to 40 pages $5,000 86 Gravity Capital Improvement Plan
Implementation Services - up to 70 pages
$8,000
46 Open Data Implementation Services $5,000
Sub -Total $48,000
End of Year Promotion – Valid until November 30th, 2023 ($20,000) Total Service Fees – 12 months $28,000
Implementation fees are payable net 30 days after the Effective Date of this agreement. 1886
P A G E 2
1887
This SaaS Services Agreement (“Agreement”) is entered into on this ________ day of _______________ , 2023 (the “Effective Date”) between IGM Technology Corp. with a place of business at 77 McMurrich St Unit 318, Toronto, Ontario (“Company”), and the Customer listed above (“Customer”). Company and Customer may each be referred to herein as “Party” or collectively as “Parties”. This Agreement includes and incorporates the attached Terms and Conditions and contains, among other things, warranty disclaimers, liability limitations and use limitations. There shall be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof.

IGM Technology Corp.: City of Banning, CA
By: By:

Name: Name:

Title: Title:
1888
P A G E 3
1889

TERMS AND CONDITIONS

1. SAAS SERVICES AND SUPPORT

1.1 Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services in accordance with the Service Level Terms attached hereto as Exhibit B.

1.2 Subject to the terms hereof, Company will provide Customer with reasonable technical support services in accordance with the Support Terms attached hereto as Exhibit C.

2. RESTRICTIONS AND RESPONSIBILITIES

2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.

2.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Services.

2.3 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment and the administrative and user passwords.
1890
P A G E 4
1891

3. CONFIDENTIALITY; PROPRIETARY RIGHTS

3.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Company includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Customer includes nonpublic data provided by Customer to Company to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein), release, sell, share, rent, transfer, distribute, or divulge, or otherwise allow disclosure of Proprietary Information to any third person any such Proprietary Informationparty without the express written permission of the Disclosing Party, unless required by law. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.

3.2 Customer shall own all sole and exclusive right, title and interest in and to the Customer Data.

Company is provided a limited license to access Customer Data for the sole and exclusive purpose of providing the Services in accordance with this Agreement. Company shall: (a) subject to the exceptions herein, keep and maintain Customer Data in strict confidence, using such degree of care as is appropriate and consistent with its obligations as further described in this Agreement and applicable law to avoid unauthorized access, use, disclosure, or loss; (b) use and disclose Customer Data solely and exclusively for the purpose of providing the Services, such use and disclosure being in accordance with this Agreement and applicable law; (c) allow access to Customer Data only to those employees of Company who are directly involved with and responsible for providing the Services; and, (d) not use, sell, rent, transfer, distribute, divulge, or otherwise disclose or make available Customer Data for Company’s own purposes or for the benefit of anyone other than Customer without Customer’s prior written consent.

Customer shall have full and complete access to, and ability to download, its Customer Data twenty-four (24) hours per day, seven (7) days per week, except during authorized periods of maintenance by Company. Further, Company shall, within one (1) business day of Customer’s request, provide Customer, without charge and without any conditions or contingencies whatsoever (including, but not limited to, the payment of any fees to Company), an extract of the Customer Data in the format specified by Customer.

Without limiting Company’s obligation of confidentiality as further described herein, Company shall be responsible for establishing, maintaining, and providing a written description to Customer of, a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that comply with or are substantially similar to the security controls identified in the current version of NIST SP800-53, and that is designed to: (a) ensure the security and confidentiality of the Customer Data; (b) protect against any anticipated threats or hazards to the security or integrity of the Customer Data; (c) protect against 1892
unauthorized disclosure, access to, or use of the Customer Data; (d) ensure the proper disposal of Customer Data; and, (e) ensure that all employees, agents, and subcontractors of Company, if any, comply with all of the foregoing. In no case shall the safeguards of Company’s data privacy and information security program be less stringent than the safeguards used by Company to protect its own data.

In the event of any act, error or omission, negligence, misconduct, or breach that permits any unauthorized access to, or that compromises or is suspected to compromise the security, confidentiality, or integrity of Customer Data or the physical, technical, administrative, or organizational safeguards put in place by Company that relate to the protection of the security, confidentiality, or integrity of Customer Data, Company shall, as applicable: (a) notify Customer as soon as practicable but no later than twenty-four (24) hours of becoming aware of such occurrence; (b) cooperate with Customer in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable law or as otherwise required by Customer; (c) in the case of personally identifiable information (“PII”), at Customer’s sole election, (i) notify the affected individuals who comprise the PII as soon as practicable but no later than is required to comply with applicable law including, but not limited to, the provisions of California Civil Code Section 1798.82 or the California Consumer Privacy Protection Act of 2018; or, in the absence of any legally required notification period, within five (5) calendar days of the occurrence; or, (ii) reimburse Customer for any costs in notifying the affected individuals; (d) perform or take any other actions required to comply with applicable law as a result of the occurrence; (e) without limiting Company’s obligations of indemnification as further described in this Agreement, indemnify, defend, and hold harmless Customer with respect to any and all claims and liabilities including payment of reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from Customer in connection with the occurrence; (f) be responsible for recreating lost Customer Data in the manner and on the schedule reasonably set by Customer without charge to Customer; and, (g) provide to Customer a detailed plan within ten (10) calendar days of the occurrence describing the measures Company will undertake to prevent a future occurrence.

This Section 3.2 shall survive the termination of this Agreement

3.3 Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.

3.43 No rights or licenses are granted except as expressly set forth herein.

4. PAYMENT OF FEES

4.1 Customer will pay Company the then applicable fees described in the Order Form for the Services and Implementation Services in accordance with the terms therein (the “Fees”). If Customer’s use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Company reserves the right to increase the Service Fees to reflect inflation and ongoing enhancements applied to the software platform, to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then-current renewal term. Any price increases not negotiated in advance shall be provided by Company to Customer at least thirty (30) days prior to the end of the Initial Service Term or then-current renewal term and shall not exceed five percent (5%) of the previous price. If Customer believes that Company has billed 1893
Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s customer support department.

4.2 Company will bill through an invoice. Full payment for invoices issued in any given month must be received by Company within thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than taxes based on Company’s net income. Applicable state, local and federal taxes, if any, will be included in the invoice.

4.3 Nothing in this Section 4 shall require payment for any Service unless and until complete functionality of the same has been tested pursuant to a test plan acceptable to Customer, and shown to Customer to be functioning properly and otherwise as represented by Company pursuant to this Agreement.

P A G E 5
1894

5. TERM AND TERMINATION

5.1 Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the SaaS Services Agreement, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), but not to exceed one (1) year unless agreed upon in writing, unless either Pparty requests termination at least thirty (30) days prior to the end of the then-current term.

5.2 In addition to any other remedies it may have, either pParty may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other pParty materially breaches any of the terms or conditions of this Agreement. A Party may also terminate this Agreement immediately upon notice if the other Party: (a) is liquidated, dissolved, or adjudged to be in a state of bankruptcy or receivership; (b) is insolvent, unable to pay its debts as they become due, makes an assignment for the benefit of creditors or takes advantage or any law for the benefit of debtors; or (c) ceases to conduct business for any reason on an ongoing basis leaving no successor in interest; or (d) Company ceases supporting any of the Services purchased by Customer, and Customer is not then in breach. In the event of expiration or termination of this Agreement, Customer will pay in full for the Services up to and including the last day on which the Services are provided unless Customer terminates due to a breach by Company. Upon any termination, Company will make all Customer Data available to Customer for electronic retrieval for a period of thirty (30) days,. Thereafter, but thereafter Company mayshall , to the extent commercially practicable, but is not obligated to, delete all stored Customer Data and provide written certification of the same to Customer. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

6. WARRANTY AND DISCLAIMER

6.1 Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, COMPANY

DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS”,

EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, AND COMPANY DISCLAIMS

ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
1895
P A G E 6
1896

7. LIMITATION OF LIABILITY

7.1 EXCEPT AS OTHERWISE PROVIDED IN SECTION 9, OR OTHERWISE BY LAW,

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A

PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL

EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES,

REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE

OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS

AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR

LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) .

7.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 9, OR OTHERWISE BY LAW, IN NO INSTANCE SHALL EITHER PARTY’S LIABILITY TO THE OTHER PARTY FOR DIRECT

DAMAGES UNDER THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR

OTHERWISE) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED

WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE

DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DIRECT DAMAGES. ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE,

WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. MISCELLANEOUS

8.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by Customer except with Company’s prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consentwith Customer’s prior written consent. Company may transfer and assign this Agreement without Customer’s prior written consent in the event any successor or assign has acquired all, or substantially all, of the assigning Party’s business by means of merger, stock purchase, asset purchase, or otherwise.

Any assignment or attempted assignment in violation of this Agreement shall be null and void.

This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if 1897
personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the California without regard to its conflict of law provisions. Customer agrees to reasonably cooperate with Company to serve as a reference account upon request.

9. INDEMNIFICATION

9.1 Insurance and Indemnification by Company. Company will defend, indemnify, and hold Customer, its elected officials, officers, employees, volunteers, and agents (collectively, “Indemnitees”) free and harmless with respect to any and all losses, liabilities, damages and expenses arising from any and all claims or suits (“Claims”), and shall pay all losses, damages, liabilities, settlements, judgments, awards, interest, civil penalties, and reasonable expenses (collectively, “Losses,” and including payment of reasonable attorneys’ fees and court costs), to the extent arising out of any violation of law by Company, and/or Claims by any third party that Company’s Services infringe a valid U.S. copyright or U.S. patent issued, or other intellectual or proprietary property right existing, as of the effective date of this Agreement. In the event of such a Claim, if Company determines that an affected Service is likely, or any Company Services are determined in a final, non-appealable judgment by a court of competent jurisdiction, to infringe a valid U.S. copyright or U.S. patent issued, or other intellectual or proprietary property right existing, as of the date of this Agreement, or Customer is otherwise prevented by such Claim from using any Company Services, Company will, in its discretion: (a) replace the affected Services; (b) modify the affected Services to render it non-infringing while maintaining comparable functionality; or (c) terminate this Agreement with respect to the affected Service and refund Customer any prepaid fees for the then-remaining or unexpired portion of the applicable Term. Notwithstanding the foregoing, Company shall have no obligation to indemnify, defend, or hold Customer the Indemnitees harmless from any Claim to the extent it is based upon: (i) a modification to any Services by Customer (or by anyone under Customer’s direction or control or using logins or passwords assigned to Customer); (ii) a modification made by Company pursuant to Customer’s required instructions or specifications or in reliance on materials or information provided by Customer; or (iii) Customer’s use (or use by anyone under Customer’s direction or control or using logins or passwords assigned to Customer) of any Services other than in accordance with this Agreement.

This Section 9.1 sets forth Customer’s sole and exclusive remedy, and Company’s entire liability, for any Claim that the Services or any other materials provided by Company violate or infringe upon any U.S. copyright or U.S. patent issued, or other intellectual or proprietary property right the rights of any third party not affiliated with Customer.

9.2 To the maximum extent permitted by law, Company shall indemnify, defend and hold each of the Indemnitees free and harmless, and pay all Losses including reasonable attorneys’ fees and costs, with respect to any and all Claims to the extent arising out of, related to, or incurred in connection with the acts or omissions of Company or those of its officers, employees, contractors, agents, or anyone else acting on behalf of Company while traveling to or from, or while physically present on property owned or controlled by Customer in connection with performance of this Agreement including, but not limited to, performance of onsite training as referenced in the Proposal, and resulting in, causing, or contributing to, personal injury or death of any person, or property damage.

9.3 To the maximum extent permitted by law, Company shall indemnify, defend and hold each of the Indemnitees free and harmless, and pay all Losses including reasonable attorneys’ fees and costs, with respect to any and all Claims to the extent arising out of, related to, or incurred in connection with any unauthorized access or theft of Customer Data provided, however, that 1898
Company’s liability for “cyber theft” shall be limited to Company’s cyber liability insurance policy limits.

9.4 At all times during the term of this Agreement, Company shall maintain workers compensation insurance as required by law, and commercial general, auto liability, and cyber liability insurance in such amounts and in such form as set forth in Exhibit “__” attached hereto and incorporated by reference herein. The foregoing policies of insurance shall be applicable to Claims for personal injury, death and property damage, and unauthorized access or theft of Customer Data for which Company may be liable, pursuant to the indemnification provisions of this Section 9.

9.5 With regard to any Claim subject to indemnification pursuant to this Section 9: (a) the Party seeking indemnification shall promptly notify the indemnifying Party upon becoming aware of the Claim; (b) the indemnifying Party shall promptly assume sole defense and control of such Claim upon becoming aware thereof; and (c) the indemnified Party shall reasonably cooperate with the indemnifying Party regarding such Claim. Nevertheless, the indemnified Party may reasonably participate in such defense, at its expense, with counsel of its choice, but shall not settle any such Claim without the indemnifying Party’s prior written consent. The indemnifying Party shall not settle or compromise any Claim in any manner that imposes any obligations upon the indemnified Party, including any admission of liability, without the prior written consent of the indemnified Party.

P A G E 7
1899
SaaS Services Agreement

EXHIBIT A
Statement of Work
The Company will provide the following services and comprehensive training:
⚫ Gravity - Implementation Services for Budget Book automation o IGM Consulting Services in setting up and using Gravity to produce the next Proposed and Adopted Budget Books
⚫ Gravity - Implementation Services for Budget Planning templates o IGM Consulting Services in setting up budget data management templates:
o Revenues and Operational Expenses
o Personnel costs Budgeting
o Capital Improvement Projects
⚫ Gravity - Implementation Services for ACFR automation o IGM Consulting Services in setting up and using Gravity to produce the next ACFR ⚫ Gravity - Implementation Services for PAFR automation o IGM Consulting Services in setting up and using Gravity to produce the next PAFR ⚫ Gravity - Implementation Services for Open Data Transparency Portal o IGM Consulting Services in setting up and using Gravity to produce the Open Data Transparency Portal
⚫ Gravity - Implementation Services for Capital Improvement Plan o IGM Consulting Services in setting up and using Gravity to produce the next Capital Improvement Plan Book
These Implementation Services will be provided to the Customer within six months of the Effective Date.

Implementation Services required by the Customer after this time period could be provided by IGM at IGM’s standard consulting services rate.
1900
P A G E 8
1901

EXHIBIT B
Service Level Terms
The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third-party connections or utilities or other reasons beyond Company’s control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and Company's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, Company will credit Customer 5% of Service fees; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with notice to Company) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, Customer must notify Company in writing within forty-eight (48)24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash. Company will apply any credits accumulated in the prior annual period, towards the Service Fees in the next annual period. 1902
P A G E 9
1903

EXHIBIT C
Support Terms
IGM will provide Technical Support to customer via both telephone and electronic mail Monday – Friday between 6am – 8pm Eastern Time (“Support Hours”) at no additional cost to Customer.

Customer may initiate a helpdesk ticket during Support Hours by calling IGM’s customer support line or any time by emailing [email protected]
Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day.

Emergency customer support is available outside of Support hours at no additional cost to Customer and can be initiated by calling IGM’s customer support line or emailing [email protected] 1904
P A G E 10
1905

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Lincoln Bogard, Administrative Services Director Lincoln Bogard, Administrative Services Director
MEETING DATE: January 9, 2024
SUBJECT: Consideration of Payment to GHJ Advisors for an Additional $53,000 for Phase 2 and Newly Requested Phase 3 Forensic Investigation Services into the Electric Enterprise for a Total Not-to-Exceed Amount of $153,000 RECOMMENDATION:

Approve by Minute Order the payment to GHJ Advisors an additional $53,000 for additional Phase 2 and newly requested Phase 3 Forensic Investigation services into the Electric Enterprise for a total not-toexceed amount of $153,000.

BACKGROUND:

The Administrative Services Director requested a forensic audit of the Electric Enterprise beginning in May 2023 and received approval from the City Manager in July 2023. The City Attorney’s office has engaged a forensic auditor, GHJ Advisors, to conduct Phases 1 and 2 forensic investigation services.

Phase 1 forensic investigation services included the performance of forensic accounting and investigative procedures to identify (1) areas of concern and (2) funds, accounts, and/or transactions for testing. The Phase 1 forensic investigation services assisted staff in the determination of cash flows and management of the Electric Enterprise. Phase 2 forensic services assisted in quantifying any potential losses or accounting irregularities that may have occurred, if any.

JUSTIFICATION:

GHJ Advisors provided a report to Council on the results of Phase 2 forensic investigation services on December 12, 2023. Councilmembers authorized further investigation in specifically identified areas, which require additional Phase 3 investigation. Council must authorize the payment for the additional services for the work GHJ Advisors has been requested to perform. Based on this request the open session report has been postponed until Phase 3 completion.

FISCAL IMPACT:

The request for Phase 3 of the of the Forensic Investigation into the Electric Enterprise will increase the original approvals of $25,000, and $75,000, by another $53,000 for a total not-to-exceed amount of $153,000.

ALTERNATIVES:

1. Approve by Minute Order the payment to GHJ Advisors an additional $53,000 for additional Phase 2 and newly requested Phase 3 Forensic Investigation services into the Electric Enterprise for a total not-to-exceed amount of $153,000.

2. Do not approve by Minute Order the additional payment to GHJ Advisors for Phase 3 of the Forensic Investigation into the Electric Enterprise.
1906
1907

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Adam Rush, Community Development Director
MEETING DATE: January 9, 2024
SUBJECT: Consideration of Resolution 2024-15, Issuing a Waiver of Development Review Fees, requested by Habitat for Humanity, for a Tentative Parcel Merger/Lot Line Adjustment (TPM/LLA) on three parcels located at the southwest corner of 8th Street and Wilson St., in the City of Banning, CA RECOMMENDATION:

Adopt Resolution 2024-15, authorizing a waiver of fees in an amount not to exceed $9,000 for Habitatfor-Humanity of the San Gorgonio Pass, associated with the processing of a Tentative Parcel Merger/Lot Line Adjustment (TPM/LLA) on three parcels located at the southwest corner of 8th Street and Wilson St., in the City of Banning, CA (APNs: 540-033-045; -046; 047).

BACKGROUND:

Habitat for Humanity (“Habitat”) is a not for profit organization that specializes in refurbishing and constructing new homes for low income residents in the community. Habitat for Humanity has been providing housing opportunities, in the San Gorgonio Pass Area, for the past nineteen years.

In January of 2020, the City Council previously approved a Fee Waiver of $20,000 for another property on Wilson Street which is constructed, occupied, and was recently dedicated to the new residents.

Habitat has completed several homes within the City of Banning and recently purchased three (3) additional properties (APNs: 540-033-045; -046; -047) which is referenced herein. The requested Fee Waiver would incorporate the City's application fees for Plan Check and Development Review by Community Development, Public Works, Engineering, and Banning Electric.

Furthermore, the Fee Waiver would cover costs incurred by the City Contract Licensed Surveyor.

However, the request does not cover any Building or Public Works Permit Fees or Inspections, Development Impact Fees (DIF), or other ancillary costs (e.g., miscellaneous permit fees, utility account connections, landscape inspections, etc.).

JUSTIFICATION:

According to the Public Policy Institute of California, The share of Californians saying, ‘housing or homelessness is the top issue facing the state’, has increased sharply and residents in all major regions express concern about housing affordability and homelessness. Californians spend disproportionate shares of their income on housing and about half say housing costs are a financial strain, which is a much higher share than 15 years ago. Affordability is a greater challenge in coastal areas, where two-thirds of Californians reside and a majority of Los Angeles residents, young adults, and African Americans have considered moving further Inland, due to the rise in 1908
housing costs. (Sources: Longitudinal data from PPIC Statewide Surveys, 2001–19) This "Inland Migration" has been experienced by the City of Banning as seen through development of the Atwell project, which has sold over one-thousand homes since initial construction in March of 2020.

FISCAL IMPACT:

The fee waiver will have an impact to the City's General Fund in the amount of approximately $9,000, with the total amount realized within Fiscal Year 2022/2023 (by June 30, 2023).

ALTERNATIVES:

1. Approve the fee waiver request, but in a reduced amount to be determined by the City Council.

2. Do not approve the fee waiver request and provide alternative direction to Habitat-for-Humanity.

3. Continue the item and request that staff to provide additional research or information, as directed by the City Council.

ATTACHMENTS:

1. 01._Resolution_2024-15.docx

2. LAND USE EXHIBITS.pdf

3. January 14, 2020 - CC Agenda Packet & Minutes.pdf
1909
RESOLUTION 2024-15

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

AUTHORIZING A WAIVER OF DEVELOPMENT REVIEW FEES IN AN AMOUNT NOT TO EXCEED $9,000 FOR HABITAT-FOR-HUMANITY OF THE SAN GORGONIO PASS,

ASSOCIATED WITH THE PROCESSING OF A TENTATIVE PARCEL MERGER/LOT LINE

ADJUSTMENT (TPM/LLA) ON THREE PARCELS LOCATED AT THE SOUTHWEST CORNER OF 8TH STREET AND WILSON ST., IN THE CITY OF BANNING, CA (APNS:
540-033-045; -046; 047)
WHEREAS, Habitat for Humanity is a global 501(c)(3) nonprofit housing organization working in local communities across all 50 states in the U.S. and in approximately 70 countries.

Habitat's vision is of a world where everyone has a decent place to live; and WHEREAS, the fee waiver will have an impact to the City's General Fund in the amount of approximately $9,000 realized within Fiscal Year 22/23; and WHEREAS, the City Council of the City of Banning authorizes the City Manager to waive plan check and development review, fees not-to-exceed $9,000.

WHEREAS, the City Manager or designee shall work with Habitat-for-Humanity representatives to process their Tentative Parcel Map (TPM) and/or Lot Line Adjustment (LLA) plans and will coordinate with internal City staff on the assignment and delegation of staff resources.

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

SECTION 1. The City Council approves a waiver of fees, in an amount not to exceed $9,000, for Habitat-for-Humanity of the San Gorgonio Pass.

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

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

PASSED, APPROVED AND ADOPTED this 9th day of January 2024.

Alberto Sanchez, Mayor
City of Banning
1910
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita Young, City Attorney
Richards, Watson & Gershon
1911
CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-15, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of January 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
1912

HABITAT-FOR-HUMANITY PROPERTIES
1913

GENERAL PLAN LAND USE DESIGNATION/ZONING CLASSIFICATION 1914

ROAD/STREET ASSESTS
1915

SEWER ASSESTS
1916

WATER ASSETS
1917

CITY OF BANNING

CITY COUNCIL REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze , City Manager
MEETING DATE: January 14, 2020
SUBJECT: Resolution 2020-8, Authorizing Waiver of Fees for Habitat for Humanity to construct a Single -Family Residence ( SFR) located at Lot No. 17 (APN: 541- 042- 010), Wilson St. in the City of Banning, CA
RECOMMENDED ACTION:

Staff recommends the City Council adopt Resolution 2020- 8, authorizing waiver of fees for Habitat for Humanity to construct a SFR at Lot No. 17; which is located on Wilson St. in the City of Banning.

BACKGROUND:

Habitat for Humanity is a not for profit organization that specializes in refurbishing and constructing new homes for low income residents in the community. Habitat for Humanity has been engaged in the San Gorgonio Pass Area for the past nineteen years.

This not for profit has completed several homes within the City of Banning and recently engaged on another property; which is referenced herein. During the September 10, 2018 City Council meeting, an affordability covenant was executed to cover the cost of the fee waiver for a previous property; however, this funding source is no longer available to the City.

The requested fee waiver would incorporate the City’s application fees for Plan Check Review, Permits, Inspections, and Development Impact Fees ( DIF). The application of the WRCOG TUMF and WRMSHCP related impact fees are likely not applicable or waived based upon the implementing ordinances, respectively; however, the City does not administer either of these fee programs and the Community Development Department only collects the MSHCP impact fees as a “ pass through” to the Regional Conservation Authority ( RCA).

The total fee estimate is calculated by staff to be approximately $ 20,000; which is inclusive of the fees referenced above. This amount is only an estimate as plans have 2031918
Staff Report: Resolution 2020- 8
January 14, 2020

Page 2 of 2 ends

yet to be transmitted for plan check, inspections have not been conducted, and construction has not commenced.

JUSTIFICATION:

The Governor has declared a “ Housing Crisis” and signed 18 bills to increase housing production across all income categories in California. The provision of low cost and Affordable Housing is in short supply and the addition of new housing construction to the City’s existing housing stock provides for a wide range of economic benefits.

FISCAL IMPACT :

The fee waiver will have an impact to the City’s General Fund in the amount of approximately $ 20,000 realized within Fiscal Year 19/20.

OPTIONS:

1. Approve as recommended.

2. Do not approve and provide alternative direc tion.

ATTACHMENT :

1. Resolution 2020- 8
https:// banningca. gov/DocumentCenter/ View/ 6796/Attachment- 1---Resolution2020- 8

2. Fee Estimate Detail
https:// banningca. gov/DocumentCenter/ View/ 6795/Attachment- 2---Fee-EstimateDetail Approved by:

Douglas Schulze
City Manager
2041919
John Hagan asked if there were certain criteria required ( i.e. live in the district for 90 days).

The City Attorney explained that the only requirement is to be a registered voter
living in District 2 of the City of Banning.

Councilmember Welch provided some timeline information and recommended an informational workshop for anyone interested in applying.

The City Manager indicated he will also prepare a notice to mail out to District 2 registered voters.

A motion was made by Councilmember Happe, seconded by Councilmember Welch, to advertise and recruit a qualified candidate from District 2 for appointment to fill the vacancy until a candidate is elected during the regular election on November 3, 2020. Electronic vote was taken as follows; AYES: Andrade, Happe, Wallace & Welch
NOES: None
ABSTAIN: None
ABSENT: None
Action: Advertise and recruit to fill the vacancy in District 2.

2. Resolution 2020- 8, Authorizing Waiver of Fees for Habitat for Humanity to Construct a Single -Family Residence ( SFR) Located at Lot No. 17( APN:
541- 042-10), Wilson Street
Amy Minjares, Executive Director at Habitat for Humanity thanked the Council for their consideration ( Attachment 10).

A motion was made by Councilmember Welch, seconded by Mayor Andrade, to adopt Resolution 2020- 8, authorizing waiver of fees for Habitat for Humanity to construct a SFR at Lot No. 17, which is located on Wilson Street in the City of Banning. Electronic vote was taken as follows:

AYES: Andrade, Happe, Wallace & Welch
NOES: None
ABSTAIN: None
ABSENT: None

3. Statement of Investment Policy
Administrative Services Director Jennifer Christensen provided a presentation for this item ( Attachment 11). She pointed out that the policy included in the agenda packet

Page 14 of 84 ends

Regular City Council Meeting 01/ 14/ 2020 5: 00 p. m.
1920

CITY OF BANNING

Discuss and Consider Modifications to the City of Banning's Public Hearing Notice Requirements for Development Applications, as specified by Chapter 17.68, and Provide Direction to the Community Development Director.

BACKGROUND:

The City Council, and Planning Commission, each act in their individual capacity as the Decision-Making Body for Zoning and Development Applications authorized under Title 17 of the BMC; otherwise known as the "Zoning Code". These types of Applications are unique in the sense that they require detailed noticing procedures that are specified by California State Law (Gov't Code Sections 65090, 65091, and 66451.3, to name a few).

The State law requires that the Council can provide for more notice than the minimum. For example, if the minimum State law requires mailing to a 300-foot radius, the Council can choose to go beyond that and notify property owners in a larger radius like 500 or 1,000 feet. Or if State law requires a minimum of 10-days advance notice of a hearing, the Council can expand that and require 15-days advance notice.

The City's Zoning Code incorporates the minimum requirements established under state law in most situations. Project types that require public notification currently include the following Application Types (See Title 17 of the BMC):

General Plan Amendments (GPA)
Specific Plans (SP)
Specific Plan Amendments (SPA)
Zone Changes (ZC)
Zoning Text Amendments (ZTA)
Development Agreements (DA)
Conditional Use Permits (CUP)
Design Review (DR)
Tentative Parcel Maps (TPM)
Tentative Tract Maps (TTM)
Appeals of Director's Decision to Commission (CD-Appeal) Appeals of Commission Decision to Council (PC-Appeal)
Surface Mining Permits (SMP)
Reclamation Plans (RCL)
1921
Street/Road Vacations (Vacation)
Variances (follows "parent" case)
While this list represents the majority of Planning Project Applications that the City currently processes, it is not exhaustive as additional applications are considered "Ministerial" or "Administrative." Meaning, these types of applications are processed in a similar technical manner they do not require a Public Hearing before the City Council or Planning Commission (or both) in order to receive approval.

Recently, the City Council requested that Community Development Staff research alternatives and explore options to enhance the City's Community Engagement procedures. Staff has contacted eleven (11) other Cities, but only received feedback from six (6) of them detailing their community engagement procedures.

However, prior to exploring potential changes the City could implement, a brief summary of the existing procedures is provided for reference:

Applications shall be processed in a manner consistent with Gov't Code Sections 65090, 65091, and 66451.3
Public notice shall be given at least ten (10) days prior to the scheduled public hearing date (all days measured in calendar days)
Mailing to the owner of the subject real property or the owner's authorized agent at least 10 days prior to the hearing
Notification is required by two (2) methods:
(1) Publication in the Record Gazette newspaper (the City is required to use this paper by law); and
(2) Mailing to all property owners within a 300-foot radius a notice of hearing, postmarked at least 10-days prior to said hearing.

Each notice shall state the nature of the request, the location of the property (text or diagram, the date, time, and place of the scheduled hearing, and the hearing body.

Notice is deemed received two (2) days after date of postmark.

If the Council wishes to enhance the City's community engagement procedures, then the variety and combination of options is plentiful. As discussed, the minimum mailing radius is 300-feet, as required by state law; however, the City can expand this radius to 500 or 1,000-feet from the Project boundary. The property owner labels are already prepared by the Applicant's Title Agent, so requesting an expanded boundary is not difficult.

As previously mentioned, the minimum timeframe in which a public notice must be postmarked is 10- days; however, the Council can increase this timeframe, say to 14-days. It should be noted that CEQA notification timelines already increase notification timeframes to either 21 or 30-days depending on the particular action.

Alternatively, the City may add an additional requirement of posting a "large-format" message board containing the same information required on the public notice, i.e., Project Name, Location, Date and Time of Hearing, etc. This message board could be a 4'x8' board, mounted on wooden 4"x4" studs, sunk into the ground, and required to remain for the duration of the public notice period.

In addition, some other options that could be added to these new procedures would be the notification of tenants that live within a predetermined boundary from a Project. These situations existing "in-mass" if an apartment building or mobile home complex is situated within the radius notification distance from the Application.

While notification of tenants is a primary concern of the Council, it remains the most logistically difficult method of delivery as a comprehensive list of all tenants does not exist from a government issued 1922
source. Further research is necessary to explore the feasibility of this notification method.

Lastly, many Cities contacted by staff indicated that a standard requirement for Development Applications is to post notices on City-sponsored Social Media Pages and/or Message Boards. With the addition of a Communications Manager, the City offers social media posts for Projects of Regional Importance, e.g., General Plan Updates, Specific Plans, etc. it is not a standard practice applying to all Applications.

Below is a spreadsheet of the Cities contacted and a summary of their notification procedures:

Public Notice Process- Surrounding Cities
City Name Pop(2021) Phone # Newspaper Mail to PO
Banning 30,273 (951) 922-3125 Yes Yes-300ft-10days
Norco 26,077 (951) 270-5661
Hemet 90,436 (951) 765-2375
Wildomar 37,189 (951) 677-7751 ext 203
Desert Hot Springs 32,716 (760) 329-6411 Yes Yes-300ft-10days San Jacinto 55,290 (951) 487-7330 Yes Yes-300ft-10days
Calimesa 10,893 (909) 795-9801
La Quinta 38,181 (760) 777-7023 Yes Yes-500ft-10 days
Eastvale 71,375 (951) 703-4460 Yes Yes-300ft-14days
Yucaipa 54,739 (909) 797-2489 Yes Yes-300ft-14days
Jurupa Valley 106,941 (951) 332-6464 ext 134
Palmdale 165,761 (626) 267-5200 Yes Yes & Tenants -500/700/1000ft-10/14days JUSTIFICATION:

Intent and purpose. It is the intent of this discussion is to enhance the City’s Community Engagement Plan, increase transparency with the public, and provide more opportunities for public input, discourse, and participation. The intended purpose of requiring developers to present and engage in a public outreach during the entitlement process is to address potential issues of concerns with the public prior to an approval of their Project.

Scope of regulations. The updated Ordinance Provisions that result from any Council direction received shall be applied to establish policies related the City’s Public Notice and Hearing Procedures.

FISCAL IMPACT:

The preparation of this Staff Report was prepared by the Community Development Director under the normal course of duties and responsibilities. No additional costs were incurred.

If and when the City Council initiates a Zoning Text Amendment (ZTA) to modify and incorporate changes to the City's Public Notice and Hearing Procedures, an Ordinance will need to be drafted by the City Attorney's Office, reviewed by the Community Development Department and the City Manager and then scheduled before the Planning Commission at a public hearing for their review, input, and recommendation to the City Council.

At the time that an Ordinance is considered by the Council, another public hearing will occur and the Introduction of the First Reading, and then the Second Reading is required. This process will require the support of City Staff (namely the Community Development Department, Deputy City Clerk, City Attorney, 1923
and City Manager).

While a specific dollar amount is unknown at this time, preliminary estimates are calculated at approximately:
$5,000 to $12,500 in Legal Costs; and
$7,500 to $15,000 in total Staff Support Costs
The anticipated timeframe for this entire process is approximately six (6) to eight (8) months.

Both the costs and timeframe are widely subject to change, based upon the degree and complexity of input requested by the City Council and Planning Commission.

ALTERNATIVES:

1. Continue this item until a full 5-member Council is seated.

2. Provide direction to staff regarding additional research, but delay initiation of the amendment.

3. Continue this item off calendar and without discussion.

ATTACHMENTS:

1. Chapter_17.68___HEARINGS_AND_APPEALS.docx

2. Public Notice_SurrAreas.pdf
1924
Title 17 - ZONING
Division IV. - ADMINISTRATION
Chapter 17.68 HEARINGS AND APPEALS
Banning, California, Code of Ordinances Created: 2023-11-27 10:37:10 [EST] (Supp. No. 54, 9-23)

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Chapter 17.68 HEARINGS AND APPEALS

17.68.010 Purpose.

These provisions specify procedures for hearing before the Council, Commission and Director and appeals of any requirement, decision or determination made by the Director or the Commission. (Zoning Ord. dated 1/31/06, § 9117.01.)

17.68.020 Application processing.

A. Applications shall be reviewed and processed in a manner consistent with the provisions of the California Government Code Sections 65090, 65091, and 66451.3.

B. Not less than 10 days before the date of a hearing, public notice shall be given of such hearing by each of the following methods:

1. By publication once in a newspaper of general circulation within the City. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body.

2. a. By mailing, 10 days prior to said hearing, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessors records. For properties zoned R/A, R/A/H, RR, RR/H, notice shall be sent to the owners of property within a radius of 1,200 feet f the exterior boundaries of the property involved in the application. Notice is deemed received 2 days after date of postmark. The list of property owners addresses shall be typed on gummed labels, together with required postage. The list shall be prepared and certified by a title insurance company, civil engineer or surveyor licensed to practice in California. b. The notice shall state the nature of the request, location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; or, in the event that the number of owners and tenants to whom notice would be sent is greater than 1000, notice may be given at least 10 days prior to the hearing by placing a display advertisement of at least ⅛ page in the newspaper having the greatest circulation within the area affected by the proposed action. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and

3. By mailing, 10 days prior to said hearing, postage prepaid, to the owner of the subject real property of the owner's authorized agent. The notice shall state the nature of the request, the location of the property (text or diagram, the date, time, and place of the scheduled hearing, and the hearing body.

Notice is deemed received 2 days after date of postmark. (Zoning Ord. dated 1/31/06, § 9117.02.)
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17.68.030 Director investigation.

The Director shall make an investigation of facts bearing on the case to provide the information necessary for action consistent with the intent of this Zoning Ordinance and the General Plan. The Director shall report the findings to the Commission or Council, as appropriate.
(Zoning Ord. dated 1/31/06, § 9117.03.)

17.68.040 Hearing procedure.

Hearings as provided for in this chapter shall be held at the date, time and place for which notice has been given as required in this chapter. The summary minutes shall be prepared, and audiotape made and filed in the Department. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued. (Zoning Ord. dated 1/31/06, § 9117.04.)

17.68.050 Notice of decision—Director.

The Director shall announce and record his/her respective decisions at the conclusion of each required hearing. The decision shall set forth applicable findings and any conditions of approval. Following the hearing a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.
(Zoning Ord. dated 1/31/06, § 9117.05.)

17.68.060 Notice of decision—Commission.

A. The Commission shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the Commission together with all required conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the community.

B. Following the Hearing, a notice of the decision of the Commission, and any conditions of approval shall be mailed to the applicant at the address shown upon the application. A copy of the decision, with all applicable conditions of approval, shall be forwarded to the Mayor and City Council. (Zoning Ord. dated 1/31/06, § 9117.06.)

17.68.070 Notice of decision—Council.

The Council shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the Council and conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the City.
(Zoning Ord. dated 1/31/06, § 9117.07.)

17.68.080 Effective date.

Director and Commission approved permits shall become effective upon approval, unless appealed. Specific Plans, General Plan Amendments, and Maps approved by the Council shall become effective upon approval. 1926
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Development Code Amendments and Zoning text and map Amendments shall become effective 30 days following the final date of action (i.e., adoption) by the Council. The letter of approval shall constitute the permit, and the resolution or ordinance shall constitute the amendment.

17.68.090 Appeal of action.

Any determination or action taken by the Director may be appealed to the Commission. In a similar manner, any action taken by the Commission to approve or disapprove an application may be appealed to the Council. (Zoning Ord. dated 1/31/06, § 9117.09.)

17.68.100 Filing of appeals.

All appeals shall be submitted to the Department on a City application form, and shall specifically state the basis of the appeal. Appeals shall be filed with the Department within 15 days following the final date of action for which an appeal is made. Appeals shall be accompanied by a filing fee as specified in Chapter 17.48, Applications and Fees.
(Zoning Ord. dated 1/31/06, § 9117.10.)

17.68.110 Notice of appeal hearings.

Notice of an appeal hearing shall conform to the manner in which the original notice was given. The appellant shall be responsible for all noticing materials required in the original application. (Zoning Ord. dated 1/31/06, § 9117.11.)

17.68.120 Effective date of appealed actions.

An action of the Director appealed to the Commission shall not become final unless and until upheld by the Commission. An action of the Commission appealed to the Council shall not become final unless and until upheld by the Council.
(Zoning Ord. dated 1/31/06, § 9117.12.)

17.68.130 Reapplication.

When an application for a permit or amendment is denied, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing 12 months except as otherwise specified at the time of denial. The Director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment. (Zoning Ord. dated 1/31/06, § 9117.13.)

17.68.140 Reconsideration.

If more complete or additional facts or information, which may affect the original action taken on an application by a review authority are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the department within fifteen days following the final date of action. If a public hearing was required in the original review process, another public notice as specified in Section 17.68.020 1927
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shall be made prior to the reconsideration of the review authority, and all costs associated with the reconsideration shall be paid by the applicant.
(Zoning Ord. dated 1/31/06, § 9117.14.)
(Ord. No. 1510, § 3(2), 9-11-17)
1928
City Name Pop(2021) Phone # Newspaper Mail to PO Website Other Banning 30,273 Yes Yes-300ft-10daysNorco 26,077 (951) 270-5661 DID NOT RESPONDHemet 90,436 (951) 765-2375 DID NOT RESPONDWildomar 37,189 (951) 677-7751 ext 203 DID NOT RESPONDDesert Hot Springs 32,716 (760) 329-6411 Yes Yes-300ft-10days Yes NASan Jacinto 55,290 (951) 487-7330 Yes Yes-300ft-10days Yes NACalimesa 10,893 (909) 795-9801 DID NOT RESPONDLa Quinta 38,181 (760) 777-7023 Yes Yes-500ft-10 days Yes Posted on Message Board-CH & Post Office- Enotifcations for non public hearing noticesEastvale 71,375 (951) 703-4460 Yes Yes-300ft-14days Yes Posted on Message Board-CHYucaipa 54,739 (909) 797-2489 Yes Yes-300ft-14days Yes-GIS map GIS map update w/plans- Project complete city contacts neighborhood for comments- Only project site sign notice Multi-family Jurupa Valley 106,941 (951) 332-6464 ext 134 DID NOT RESPONDPalmdale 165,761 (626) 267-5200 Yes Yes & Tenants -500/700/1000ft-10/14days No Posted on 4 Message Boards + 10/20 day project site posting Public Notice Process- Surrounding Cities
1929

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Adam Rush, Community Development Director
MEETING DATE: January 9, 2024
SUBJECT: Consideration and Introduction of Ordinance 1598, Adding a New Chapter 1.32 to Title 1 of the Banning Municipal Code and Amending Other Sections of the Banning Municipal Code to Create and Implement a Comprehensive Cost Recovery Program for All Nuisance Abatement Actions, and Making a Determination of Exemption under CEQA RECOMMENDATION:

Waive full reading and introduce, as read by title only, Ordinance 1598. An Ordinance of the City of Banning, California, Adding a New Chapter 1.32 to Title 1 of the Banning Municipal Code and Amending Other Sections of the Banning Municipal Code to Create and Implement a Comprehensive Cost Recovery Program for All Nuisance Abatement Actions.

BACKGROUND:

AB 2495: Cost Recovery in Criminal Code Enforcement Cases (January 1, 2019) Assembly Bill 2495 puts limitations on [Cities with their] cost recovery in criminal code enforcement cases. Passed in the California Assembly and Senate with almost unanimous support, the bill limits [the] local agencies’ ability to recover costs under certain circumstances.

AB 2495 adds Section 688.5 to the California Penal Code, which prohibits a local agency from charging a defendant for the costs of an investigation, prosecution, or appeal in a criminal case, such as criminal violations of a local ordinance.

Various state laws authorize local governments to declare what is a nuisance, and also to approach Code Enforcement either administratively, civilly or criminally. A local entity may also pursue cost recovery options as long as they have adopted a local ordinance specifically allowing for it. Typically, costs are recovered in connection with civil litigation or administrative enforcement actions. Before adoption of AB 2495, some cities also sought recoupment of various enforcement costs in connection with criminal cases. AB 2495 was drafted in response. Before this change in the law, the recovery of attorney’s fees in connection with a criminal case was sought by some, but not all local agencies. But numerous local agencies regularly sought recovery of investigation costs and other costs incurred by code enforcement staff. Reimbursement of these enforcement costs was typically transparent — accomplished either by an agreement during the plea bargain process or by a judge’s order judge as restitution.

Assembly Bill 2495 may affect how attorneys and courts handle pending cases in which this recovery is sought. Cities and counties should revise their ordinances that purport to authorize cost recovery in a criminal context. Municipalities may still recover costs through administrative processes, but local 1930
agencies will no longer be able to seek costs related to the investigation and prosecution of a criminal case.
(Primary sponsors: Chad Mayes, Eduardo Garcia; Bill number: AB-2495; Status: Enacted) JUSTIFICATION:

The City Council conducted a workshop on August 22, 2023 that reviewed the functions, resources and staffing associated with the Code Enforcement Division. In addition, the Council regularly receives updates on the Code Enforcement Statistics generated from the previous month. Currently, the Department is fully staffed within the parameters set by the City Council; nevertheless, the amount and complexity of active cases, combined with at least a half-dozen cases referred to the City's Code Enforcement Legal Counsel (Silver & Wright) and regular enforcement of unpermitted Sidewalk Street Vendors, staffing resources are not sufficient to efficiently and effectively manage every element under our charge.

Code Enforcement activities rarely result in 100% cost recovery of all labor and equipment costs (both "hard" and "soft" costs) and with the passage of AB 2495, the ability to recover costs associated with investigations and attorney's fees were further eliminated. These investigation services are required in order to ensure and preserve the Due Process Rights (4th and 14th Amendment protections afforded by the U.S. Constitution). As such, if detailed and timely investigations were not conducted, then the violators could have their cases dismissed based upon a "lack of due process protections", which further contributes to the degradation and blythe of our community. In effect, the City is prohibited from collecting reimbursement from property owners and businesses that continue to operate illegally and perpetuate a public nuisance and threat to public safety.

AB 2495 specifically states, "A local entity may also pursue cost recovery options as long as they have adopted a local ordinance specifically allowing for it." Therefore, Ordinance 1599 has been prepared by the City's Code Enforcement Legal Counsel - Silver & Wright, reviewed by the City Attorney's Office, and forwarded to City Council, by the Community Development Director, for Introduction of the First Reading.

FISCAL IMPACT:

The City's Code Enforcement Legal Counsel - Silver & Wright works on contingency, based upon the recovery of certain costs received through the Receivership Process that is pursued for properties that qualify as a Public Nuisance and constitute a clear threat to the Public Safety and Welfare. As such, no cost was incurred for the preparation of this Ordinance.

The City Attorney's Office has reviewed the Ordinance Draft, and provided suggested changes to staff, in their regular course of business operations and contracted services to the City. While a specific dollar amount is not yet tabulated, this review does not constitute more than a couple hours.

The Community Development Director acted as the primary staff contact with the City's Legal Team and prepared the staff report under his normal duties. As such, no additional costs were incurred that are not already allocated for this position.

Approximate Costs are: $2,670.00 in staff time and $750.00 in advertising with the Record Gazette.

ALTERNATIVES:

1. Do Not Conduct the First Reading and Provide Direction to Staff

2. Continue this Item and Provide Direction to Staff

3. Request Additional Input, Research, Justification, etc. from Staff ATTACHMENTS:

1. Ordinance 1598, Nuisance Abatement
1931

2. 08-22-23 CC_Code E. Workshop.pdf

3. AB 2495 (Penal Code Section 688.5)_09-05-2018.pdf
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Ordinance 1598

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ORDINANCE 1598

AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA, ADDING A NEW CHAPTER 1.32 TO TITLE 1 OF THE BANNING MUNICIPAL CODE AND

AMENDING OTHER SECTIONS OF THE BANNING MUNICIPAL CODE TO

CREATE AND IMPLEMENT A COMPREHENSIVE COST RECOVERY

PROGRAM FOR ALL NUISANCE ABATEMENT ACTIONS
The City Council of the City of Banning does hereby ordain as follows:

SECTION 1. Findings and Purpose.

A. Article XI, section 7, of the California Constitution authorizes the City of Banning (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with the general laws.

B. Government Code Sections 36901, 38771, 38773.1, and 38773.5 authorize the City to enact ordinances establishing what constitutes public nuisances, procedures for abating nuisance conditions, procedures for recovery of all costs and attorneys’ fees related to abatement of nuisances, and procedures for collection of civil penalties.

C. Violations of the Banning Municipal Code (“BMC”) threaten the health, safety, and welfare of the public, burden scarce City resources, and diminish the quality of life in the City and, therefore, constitute public nuisances.

D. The City recognizes that responding to and abating public nuisances and other violations of law, including the BMC, is costly, time-consuming, and burdensome.

E. The City finds that effective code enforcement requires comprehensive cost recovery tools and procedures.

F. Recovery of costs from parties responsible for violating applicable laws and maintaining public nuisances will enable the City to replenish resources needed to meet the increasing demands on code enforcement and public services.

SECTION 2. The above recitals are true and correct and are incorporated herein 1933
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SECTION 3. California Environmental Quality Act Findings. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) of the CEQA Guidelines (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt pursuant to CEQA Guidelines Section 15061(b)(3).

SECTION 4. Section 1.20.150 (“Procedures”) of Chapter 1.20 (“Administrative Citations”) of Title 1 (“General Provisions”) of the Banning Municipal Code is hereby amended in its entirety to read as follows:
“1.20.150 - Procedures.

The city manager is hereby authorized to promulgate such policies and procedures as are necessary for the successful implementation of this divisions. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.32 of this code.” SECTION 5. Section 1.28.070 (“Violations Deemed Public Nuisances”) of Chapter 1.28 (“General Penalty”) of Title 1 (“General Provisions”) of the Banning Municipal Code is hereby amended in its entirety to read as follows:
“1.28.070 - Violations deemed public nuisances.

In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code or any other ordinance of the city, or any such threatened violation, shall be deemed a public nuisance and may be abated as such by the city, and each day that such condition continues shall be regarded as a new and separate offense. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.32 of this code.”
SECTION 6. A new Chapter 1.32 is hereby added to Title 1 (“General Provisions”) of the Banning Municipal Code, and is to read in its entirety as follows:
“Chapter 1.32 COST RECOVERY
Sections:

1.32.010 - Cost recovery program.

1.32.020- Definitions.

1.32.030 - Nuisance abatement cost recovery.

1.32.040 - Attorneys’ fees and costs.

1.32.050 - Collection remedies.

1.32.060 - Administrative procedure for recovering abatement costs.

1.32.070 - Abatement costs hearing.
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1.32.080 - Service.

1.32.090 - Nuisance abatement lien.

1.32.100 - Special assessment.

1.32.110 - Notice of pendency of nuisance abatement action.

1.32.120 - Collection by court judgment.

1.32.130 - Collection costs.

1.32.140 - Interest.

1.32.010 - Cost recovery program.

This chapter is intended to create a comprehensive cost recovery program as authorized by law for the abatement of public nuisances and the enforcement of this code. The provisions of this chapter shall supersede and replace any inconsistent provisions contained within this code.

1.32.020 - Definitions.

For purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise:
“Abatement costs” means and includes all costs, expenses, fines, and fees, such as administrative expenses, administrative fines, civil fines, penalties, staff time, variable costs, fixed costs, inspection costs, investigation costs, enforcement costs, abatement costs, litigation fees, litigation costs, hearing costs, attorneys’ fees and costs, and all other costs and expenses related to, arising out of, or incurred by the city relating to any enforcement action pursuant to this code to the fullest extent permitted by law.
“City manager’s designee” means and includes the city manager or the person designated by the city manager to fulfill the responsibilities required by this chapter. “Collection costs” means any costs, expenses, or fees, including attorneys’ fees, that are incurred by the city to enforce or collect upon any unpaid abatement costs or any other amounts owed to the city or the public pursuant to this code.
“Decision” means the decision of the hearing officer at the conclusion of an administrative hearing held in accordance with this chapter.
“Enforcement Official” means and includes any city employee or agent of the city authorized by this code, the city council, or the city manager to enforce any provision of this code. “Hearing costs” means and includes all costs, expenses, and fees, including gearing officer fees and attorneys’ fees, related to any administrative hearing held pursuant to this chapter. “Interested party” or “interested parties” means and includes each person or entity with a legal interest in any nuisance property that is the subject of a nuisance abatement action. “Invoice” means the invoice identifying all abatement costs that the city is entitled to recover 1935
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related to a nuisance abatement action.
“Nuisance” and “public nuisance” means and includes any violations of this code, any adopted code, any state or federal law, or any other unlawful or nuisance condition. “Nuisance abatement action” means any code enforcement activity or nuisance abatement activity taken by the city, including, but not limited to, any legal action, administrative action, or civil action intended to cause or compel compliance with, or to enforce any, provisions of this code, any adopted codes, or any applicable state or federal laws. For purposes of the city’s cost recovery rights, a “nuisance abatement action” shall not include any criminal action or proceeding.
“Nuisance property” means the parcel of real property containing nuisance conditions that is the subject of a nuisance abatement action.
“Responsible party” or “responsible parties” means and includes all parties responsible for causing, allowing, or maintaining a public nuisance, including, but not limited to, the owners, trustees, managers, custodians, tenants, lessees, licenses, beneficiaries, and occupants of the nuisance property upon which a public nuisance was caused, allowed, or maintained. “Requesting party” means and includes any responsible party or interested party to whom an invoice has been issued that properly requests a hearing on the amount of abatement costs as required by this chapter.

1.32.030 - Nuisance abatement cost recovery.

The city is entitled, and is hereby authorized, to recover all abatement costs related to, arising out of, or incurred by the city as a result of any nuisance abatement action to the fullest extent permitted by law. Each responsible party shall be jointly and severally liable to the city for all the city’s abatement costs.

1.32.040 - Attorneys’ fees and costs.

If the city elects at the initiation of any nuisance abatement action to seek attorneys’ fees, the prevailing party in such nuisance abatement action shall be entitled to recover its reasonable attorneys’ fees, not to exceed the amount of reasonable attorneys’ fees incurred by the city in the nuisance abatement action. In the event the city prevails, the attorneys’ fees awarded to the city shall be included as abatement costs. Non-prevailing parties shall be jointly and severally liable for all attorneys’ fees and costs owed to the prevailing party. The city shall be deemed the prevailing party in a nuisance abatement action if a nuisance condition is proven to have existed on a nuisance property when the city initiated its nuisance abatement action even if the nuisance condition is cured prior to the conclusion of the nuisance abatement action.

1.32.050 - Collection remedies.

In addition to any other remedy set forth in this code or provided by law, the city is authorized to initiate any administrative or civil action to recover all abatement costs, and to pursue recovery of all abatement costs in any nuisance abatement action to the fullest extent permitted by law. Each of the responsible parties shall be jointly and severally liable for all 1936
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abatement costs. Unpaid abatement costs may be recovered as a lien and special assessment against the nuisance property, as provided in this chapter.

1.32.060 - Administrative procedure for recovering abatement costs.

A. The administrative cost recovery procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity.

B. In accordance with the provisions of this chapter, the city shall serve upon each responsible party and each interested party an invoice identifying all abatement costs related to a nuisance abatement action.

C. Any responsible party or interested party to whom an invoice has been issued shall have forty-five days from the date of the invoice to remit full payment of the invoice to the city. Payment shall be submitted to the city as specified in the invoice. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the nuisance property.

D. Any responsible party or interested party to whom an invoice has been issued may, within fifteen days from the date of the invoice, request a hearing on the amount of abatement costs. A request for hearing must be made in writing to the city clerk and contain the following information:

1. The requesting party’s full legal name.

2. The requesting party’s mailing address for service.

3. The requesting party’s phone number.

4. The amount of abatement costs disputed.

5. The specific legal and factual grounds for all disputes of the invoice and abatement costs.

E. The failure of any responsible party or interested party to properly and timely request a hearing shall constitute a waiver by that party of that party’s right to contest the invoice and the abatement costs, a waiver by that party of that party’s right to a hearing, a failure by that party to exhaust that party’s administrative remedies, a bar to any further challenge to the invoice and abatement costs by that party, and an admission by that party to that party’s liability for the abatement costs as assessed.

1.32.070 - Abatement costs hearing.

A. If a hearing is timely and properly requested, the city manager’s designee shall appoint a neutral and impartial hearing officer to hold and conduct an administrative hearing in accordance with this chapter. A hearing officer shall be 1937
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a neutral third-party contracted by the city and selected in a manner that avoids the potential for any bias against any parties to the hearing. The hearing officer’s compensation, if any, shall be paid by the city; however, the non-prevailing parties shall be jointly and severally liable to reimburse the city for the costs of the hearing and the hearing officer’s compensation. The hearing officer’s compensation shall not be directly or indirectly conditioned upon the outcome of the hearing.

B. The city shall endeavor to set a hearing within sixty days from the date that a timely and proper hearing request is filed, or upon any other date mutually agreed upon by all parties to the hearing. The city shall provide notice of the date, time, and location of the hearing to all requesting parties at least ten days prior to the hearing. The hearing notice shall specify that failure by a requesting party to appear at the hearing will constitute a waiver of that party’s right to contest the invoice and the abatement costs, a waiver of that party’s right to a hearing, a failure by that party to exhaust their administrative remedies, a bar to any further challenge to the invoice and the abatement costs by that party, and an admission to that party’s liability for the abatement costs as assessed. Failure by the city to strictly comply with this provision shall not invalidate the invoice, the decision, the hearing notice, the administrative hearing, nor the city’s cost recovery rights. The hearing officer shall hold an informal administrative hearing. Formal rules of evidence shall not apply to this hearing; however, there shall be an opportunity to present testimony, documentary evidence, and other evidence to the hearing officer, and to cross-examine witnesses. Only the requesting parties and the city may participate in the hearing.

C. Administrative citations, administrative orders, administrative decisions, criminal convictions, civil judgments, and other similar proceedings, unless being actively and validly contested or appealed, shall be conclusive as establishing the adjudicated matters, such as the identity of the responsible parties and the existence of the nuisances, and those adjudicated matters shall not be subject to dispute at the abatement costs hearing.

D. The hearing officer may continue the hearing and request additional information as is reasonable and necessary.

E. Not later than thirty days after the date on which the administrative hearing concludes, the hearing officer shall issue a written decision approving, denying, or modifying the amount of the abatement costs that the city is entitled to recover.

The hearing officer’s decision shall be final. The city shall serve notice of the hearing officer’s decision in accordance with this chapter. Failure by the hearing officer to strictly comply with this provision shall not invalidate the invoice nor the decision.

F. The hearing costs shall be advanced by the city; however, the non-prevailing parties shall be ultimately liable to reimburse the city for the hearing costs. If any cost recovery is upheld, even in part, the city shall be the prevailing party, and the requesting parties shall be liable to the city for the hearing costs in proportion to the amount of abatement costs upheld by the hearing officer. If cost recovery is 1938
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entirely denied, the requesting parties shall be the prevailing parties and shall not be liable to reimburse the city for the hearing costs.

G. If the city is the prevailing party, the hearing officer’s decision shall order the responsible parties to pay the confirmed amount of abatement costs to the city within thirty days, and shall specify that any confirmed abatement costs not paid within thirty days shall become a lien and special assessment against the nuisance property.

1.32.080 - Service.

A. Whenever a notice or document is required to be served by this chapter, unless specifically provided otherwise, it may be served by any one of the following methods:

1. Personal service on the party.

2. First-class or certified mail to the party at that party’s last known address.

3. By posting in a conspicuous place at the entrance to the nuisance property.

4. For any party registered with the Secretary of State, by certified mail to that party’s agent for service of process at the address registered with the Secretary of State, or as otherwise permitted by law. For any such party required to register with the Secretary of State that has not designated an agent for service of process with the Secretary of State, then a notice may be served on that party by certified mail to the Secretary of State.

5. By email when an email address is provided by that party.

6. In any other manner reasonably calculated to effectuate notice.

B. Service by posting shall be deemed effective at the time of posting. Service by mail shall be deemed effective upon deposit in the mail.

C. The failure of any party to receive any notice or document served in accordance with this chapter shall not affect the validity of the notice or document, the validity of its service, any proceeding conducted pursuant to that notice or document, nor the city’s cost recovery rights.

D. Unless otherwise provided in the invoice, all notices and documents required to be served on the city pursuant to this chapter must be personally served or mailed to the city clerk’s office. The notice or document must be received by the city within the time specified for service.

1.32.090 - Nuisance abatement lien.
1939
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B. Prior to recording a nuisance abatement lien, the city shall serve notice of the lien on all persons or entities with a recorded interest in the nuisance property. In addition, the owners of record shall be served with notice of the lien at the address provided in the last equalized assessment roll or the supplemental roll for the nuisance property, whichever is more current, in the same manner as a summons in a civil action in accordance with Code of Civil Procedure, part 2, title 5, chapter 4, article 3 (commencing with Section 415.10). If the owner of record cannot be found after diligent search, notice of the lien may be served by posting a copy of the notice in a conspicuous place upon the nuisance property for a period of ten days.

C. In the event that the lien is discharged, released, or satisfied, then notice of the discharge, release, or satisfaction shall be recorded on the nuisance property.

D. If the lien is not satisfied within ninety calendar days, the city may foreclose on the lien.

E. Notice of the lien shall be in the form substantially as follows:

NOTICE OF ABATEMENT LIEN
(Claim of City of Banning)
Pursuant to Banning Municipal Code (“BMC”) Chapter 1.32, on or about [MONTH] [DAY], [YEAR], the City of Banning (“City”) instituted a nuisance abatement action against the herein described parcel of real property intended to cause or compel compliance with the BMC. The City has incurred costs, expenses, and fees that have not been reimbursed by the responsible parties. Accordingly, the City is entitled to, and hereby claims, a lien against the nuisance property in the amount of $[AMOUNT], plus interest, until this amount has been paid in full and discharged of record. The record owner of the nuisance property is [RECORD OWNER NAME]. The nuisance property is the parcel of real property located in the City of Banning, County of Riverside, State of California at [STREET ADDRESS], Banning, California [ZIP], Assessor’s Parcel Number [APN]. The legal description for the nuisance property is:
[LEGAL DESCRIPTION]
Dated: [MONTH] [DAY], [YEAR]
City Manager’s
Designee City of
1940
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Banning, California

1.32.100 - Special assessment.

A. If the abatement costs are upheld, in full or in part, by the hearing officer, or if the time for requesting a hearing has elapsed and the invoice has not been paid in full within the time designated by this chapter, the city may levy a special assessment against the nuisance property for any unpaid amount. The special assessment may also be recorded against the nuisance property. The recording shall specify that the nuisance property may be sold by the county after three years by the tax collector for the unpaid delinquent assessments.

B. Prior to recording, the city shall serve notice by certified mail of the special assessment on all persons or entities with a recorded interest in the nuisance property.

C. Notice of the special assessment shall be provided to the tax collector for the county to add to the next regular tax bill levied against the nuisance property, and it shall be collected at the same time and in the same manner as ordinary taxes are collected, subject to the same penalties and procedures under foreclosure and sale in case of delinquency as provided for other taxes.

D. After recordation, the special assessment may be foreclosed on as a lien in the manner and means provided by law.

E. The recorded special assessment shall be in the form substantially as follows:

NOTICE OF SPECIAL ASSESSMENT LIEN
(Claim of City of Banning)
Pursuant to Banning Municipal Code (“BMC”) Chapter 1.32, on or about [MONTH] [DAY], [YEAR], the City of Banning (“City”) instituted a nuisance abatement action against the herein described parcel of real property intended to cause or compel compliance with the BMC. The City has incurred costs, expenses, and fees that have not been reimbursed by the responsible parties. Accordingly, the City is entitled to, and hereby claims, a special assessment lien against the nuisance property in the amount of $[AMOUNT], plus interest, until this amount has been paid in full and discharged of record. The record owner of the nuisance property is [RECORD OWNER NAME]. The nuisance property is the parcel of real property located in the City of Banning, County of Riverside, State of California at [STREET ADDRESS], Banning, California [ZIP], Assessor’s Parcel Number [APN]. The legal description for the nuisance property is:
[LEGAL DESCRIPTION]
Dated: [MONTH] [DAY], [YEAR]
City Manager’s
1941
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Designee City of
Banning, California

1.32.110 - Notice of pendency of nuisance abatement action.

Upon initiating any nuisance abatement action, the enforcement official may record a notice of pendency of nuisance abatement action (“NoP”) with the county recorder’s office.

The NoP shall identify the city’s enforcement and cost recovery rights. Any costs associated with recording, or withdrawing, a NoP shall constitute abatement costs subject to recovery pursuant to this chapter.

1.32.120 - Collection by court judgment.

In addition to any other available remedies, the city may bring a civil action and obtain a judgment in the superior court for the purpose of collecting any unpaid abatement costs imposed pursuant to this chapter. That action may be filed as a small claims, limited civil, or unlimited civil case, depending on the amount at issue.

1.32.130 - Collection costs.

The City is entitled to recover all collection costs incurred by the city to enforce or collect upon any unpaid abatement costs or any other amounts owed to the city or the public pursuant to this code. The parties owing the amounts being collected shall be jointly and severally liable to the city for those collection costs. The liable parties shall be given notice and an opportunity to contest the collection costs in the same manner as for abatement costs pursuant to this chapter. Collection costs are subject to enforcement and collection in the same manner and means as abatement costs.

1.32.140 - Interest.

The city is entitled to recover interest at the legal rate, currently ten percent per year, on any overdue abatement costs, collection costs, or other amounts owed to the city pursuant to this code. The liable parties for the overdue amounts shall be jointly and severally liable for the interest as well. Interest is subject to enforcement and collection in the same manner and means as abatement costs.”
SECTION 7. Section 5.04.290 (“Remedies Cumulative”) of Chapter 5.04 (“Licenses Generally”) of Title 5 (“Business Licenses and Regulations”) of the Banning Municipal Code is hereby amended in its entirety to read as follows:
“5.04.290 Remedies cumulative.

The conviction and punishment of any person for engaging in any business without first obtaining a certificate to conduct such business shall not relieve such person from paying the business tax fee due and unpaid at the time of such conviction, nor shall the payment of any business tax fee prevent a criminal prosecution for the violation of any of the provisions of this chapter. All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the 1942
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provisions hereof. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.32 of this code.” SECTION 8. Section 8.12.040 (Additional Authority) of Chapter 8.12 (“Registration of Vacant Properties”) of Title 8 (“Health and Safety”) of the Banning Municipal Code is hereby amended in its entirety to read as follows:
“8.12.040 Registration.

In addition to the enforcement remedies established in Chapters 1.20 and 1.28 of this code, the City of Banning code enforcement division shall have the authority to require the beneficiary/trustee/owner and/or owner of record of any property affected by this chapter to implement additional maintenance and/or security measures including, but not limited to, securing any/all door, window or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard, or other measures as may be reasonably required to arrest the decline of the property. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.32 of this code.”
SECTION 9. Section 8.32.130 (“Declaration of Nuisance”) of Chapter 8.32 (“Graffiti Prevention and Removal”) of Title 8 (“Health and Safety”) of the Banning Municipal Code is hereby amended in its entirety to read as follows:
“8.32.130 - Declaration of nuisance.

The existence of graffiti within the city limits is a public nuisance and may be abated in accordance with the procedures set forth in chapter 8.48. The cost for the abatement of graffiti may be recovered in accordance with the cost recovery provisions also set forth in chapter

8.48. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.32 of this code.”
SECTION 10. Section 8.48.550 (“Nuisances—General”) of Article IV (“Cost Recovery”) of Chapter 8.48 (“Nuisances”) of Title 8 (“Health and Safety”) of the Banning Municipal Code is hereby amended in its entirety to read as follows:
“8.48.550 - Nuisances—General.

In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code shall be deemed a public nuisance and may be summarily abated as such by the city, and each day such condition continues shall constitute a new and separate offense. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.32 of this code.” SECTION 11. Section 10.28.170 (“Remedies”) of Chapter 10.28 (“Abandoned Vehicles” of Title 10 1943
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(“Vehicles and Traffic”) of the Banning Municipal Code is hereby amended in its entirety to read as follows:
“10.28.170 - Remedies.

All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of abating and removing an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof. The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.32 of this code.”
SECTION 12. Severability. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of this Ordinance shall remain in full force and effect.

SECTION 13. The Mayor shall sign and the City Clerk shall certify passage and adoption of this Ordinance, and the City Clerk shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage.

PASSED, APPROVED AND ADOPTED this 00th day of Month 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita Young, City Attorney
Richards, Watson & Gershon
1944
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Page 13 of 13 ends

CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that Ordinance 1598 was duly introduced at a regular meeting of the City Council of the City of Banning, held on the 00th day of Month 2024, and was duly adopted at a regular meeting of said City Council on the 00th day of Month 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
1945

CITY COUNCIL SPECIAL MEETING

CODE ENFORCEMENT WORKSHOP
AUGUST 22, 2023
The Code Enforcement division responds to citizen complaints and proactively identifies code violations on public and private property, protecting the health and safety of the community. This division also ensures voluntary resolution of issues City-wide by enforcing the City’s municipal codes. 1946
Empowering Legislation
 Article XI, Section 7, of the California Constitution  A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. (Sec. 7 added June 2, 1970, by Prop. 2. Res.Ch. 331, 1969.)  Penal Code: Chapter 4.2 - Code Enforcement Officers [829.5 - 829.7]  Each local jurisdiction that employs code enforcement officers shall develop code enforcement officer safety standards appropriate for the code enforcement officers employed in their jurisdiction. (Added by Stats. 2021, Ch. 637, Sec. 2. (SB 296) Effective January 1, 2022.) 1947
Code Enforcement Definition
CODE ENFORCEMENT DEFINITION:
"Code Enforcement is the prevention, detection, investigation and enforcement of violations of statutes or ordinances regulating public health, safety, and welfare, public works, business activities and consumer protection, building standards, land-use, or municipal affairs."
1948
What is a Code Officer?
CODE ENFORCEMENT OFFICER DEFINITION:
"A Code Enforcement Officer is a sworn or non-sworn inspector, officer or investigator, employed by a city, or county, or city and county, who possesses specialized training in, and whose primary duties are the prevention, detection, investigation, and enforcement of violations of laws regulating public nuisance, public health, safety, and welfare, public works, business activities and consumer protection, building standards, land-use, or municipal affairs." 1949
What is a Code Officer? (cont’d)
Health & Safety Code CHAPTER 20. – Certified Code Enforcement Officers [26205 - 26217] (Chapter 20 added by Stats. 2016, Ch. 246, Sec. 2.) (c) “Certified Code Enforcement Officer” or “CCEO” means a person registered or certified as described in this chapter.
(d) “Code enforcement officer” has the same meaning as defined in Section 829.5 of the Penal Code. (Added by Stats. 2016, Ch. 246, Sec. 2. (AB 2228) Effective January 1, 2017.) 1950
Code Enforcement Definition (Expanded)
"Code enforcement is a function, local governments perform, that citizens consider important for accomplishing community goals, such as protecting property values and the environment. Code Enforcement is a process whereby local governments use various techniques to gain compliance with duly-adopted regulations such as land use and zoning ordinances, health and housing codes, sign standards, and uniform building and fire codes.

In recent years, federal and state regulations governing air and water quality and the transport and storage of hazardous wastes, and requirements for implementing the Americans with Disabilities Act have come into play. Local governments are now obliged to include enforcement of these rules and regulations in the array of responsibilities they assume for protecting the public health and welfare. 1951
Code Enforcement Definition (cont’d):
 Local enforcement officials ensure compliance with policies, codes, rules, regulations and permits in a proper, timely fashion within the limits of the law.  Officials must be fully acquainted with the adoption process and the thinking behind the regulations they enforce as well as the legal limits placed on them.  Conversely, those who write the laws must understand the problems particular to enforcement and administration as the codes and regulations are implemented.  The Code Enforcement Official is a unique public servant whose responsibility lies squarely between policy making and the realms of law enforcement and litigation.  Enforcement applies laws to specific properties, either by using warnings and notices to persuade voluntary compliance or by filing court actions.  Elected and Enforcement Officials are obligated to understand the management of the code enforcement function and the entire complex process. 1952
Code Enforcement Process
A complaint is
received, and a case is
opened. It’s referred
and closed if it
pertains to another
department.

An investigation is
launched. This may
include research,
interviews, sending
correspondence,
inspecting and making
determinations.

This step may include
written warnings,
orders to correct,
citations and fees,
vacating order, and/ or
enforcement of permits.

Can appeal to a
hearing officer.

Process includes
scheduling and
holding a hearing and
issuing final notices. A
decision is made.

Final processing
occurs when the
complaint is referred,
unfounded, or
abated. A case can
be closed at any
point in the process.
1 Step
Complaint
Received
2 Step
Initiate
Investigation
3 Step
Enforcement
(if necessary)
4 Step
Hearing
(if necessary)
5 Step
Close
Case
1953
Thank you!
Contact Information
Adam B. Rush, AICP
Community Development Director
(951) 922-3131
[email protected]
Contact Information
Curtis Wright, Esq.

Silver & Wright, LLP
(909) 833-5420
[email protected]
Questions & Comments?
1954
Assembly Bill No. 2495
CHAPTER 264
An act to add Section 688.5 to the Penal Code, relating to criminal procedure.
[Approved by Governor September 5, 2018. Filed with Secretary of State September 5, 2018.]
legislative counsel’s digest
AB 2495, Mayes. Prosecuting attorneys: charging defendants for the prosecution costs of criminal violations of local ordinances.

Existing law establishes various procedures applicable to criminal prosecutions.

This bill would, with exceptions, prohibit a city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, from charging a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance.

The people of the State of California do enact as follows:

SECTION 1. Section 688.5 is added to the Penal Code, to read:
688.5. (a) A city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, shall not charge a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance.

This prohibition shall not apply in any civil action or civil proceeding. (b)  This section shall not apply to any of the following:
(1)  A violation of Section 186.8, 186.11, or 670.
(2)  Costs ordered by a court pursuant to paragraph (1) of subdivision (d) of Section 17062 of the Health and Safety Code.
(3)  A violation of Section 1871.4 of the Insurance Code. (4)  A violation of Section 3700.5 of the Labor Code.
(5)  A violation of Section 19542.3, 19701, 19701.5, 19705, 19706, 19720, 19721, 30165.1, 30482, 38800, 46701, 46702, 46704, or 46705 of the Revenue and Taxation Code.
(6)  A violation of Section 2126 of the Unemployment Insurance Code. (7)  A violation of any other provision of state law where recovery of the costs of investigation, prosecution, or appeal in a criminal case is specifically authorized by statute or ordered by a court. This paragraph does not apply to a local ordinance.
95 195566
(c)  Nothing in this section shall be interpreted to affect the authority of a probation department to assess and collect fees or other charges authorized by statute.
(d)  For the purposes of this section, the term “costs” means the salary, fees, and hourly rate paid to attorneys, law enforcement, and inspectors for hours spent either investigating or enforcing the charged crime. Costs shall not include the cost, including oversight, to remediate, abate, restore, or otherwise clean-up harms caused by criminal conduct.

O
95 Ch. 264 — 2 —
195667

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Doug Schulze, City Manager
MEETING DATE: January 9, 2024
SUBJECT: Discussion of Policy to Prohibit Use of Personal Cell Phones on Dais During Meetings.

RECOMMENDATION:

A motion directing the City Manager to prepare a policy prohibiting the use of personal cell phones on the dais during public meetings.

BACKGROUND:

Council Member Flynn requested a future agenda item to discuss the use of personal cell phones on the dais. Many city councils have debated the issue of personal digital device use on the dais and some have adopted policies ranging from complete bans on use of personal devices to voluntarily turning off devices during meetings. However, it is frequently recognized that use of electronic devices is necessary because a growing number of cities no longer use printed agenda materials. In fact, many inland empire cities have transitioned to electronic agendas only.

While receiving text messages during meetings isn’t illegal, it could create legal problems if a council member receives a message pertaining to a quasi-judicial matter during a hearing if the message is not shared. Generally, city councils have recognized, at a minimum, the value of having personal digital devices for emergency communications with family members and care givers.

JUSTIFICATION:

A City Council policy and amendment to the Manual of Procedures would be appropriate, if the City Council supports a policy prohibiting the use of personal cell phones on the dais during meetings.

FISCAL IMPACT:

Staff time involved with preparation of a policy and resolution is estimated to be less than 10 hours at an average hourly rate of approximately $80 for a total cost of less than $1,000.

ALTERNATIVES:

1. Direct City Manager to prepare a policy and resolution prohibiting use of cell phones on the dais during public meetings.

2. Take no action.
1957

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Doug Schulze, City Manager
MEETING DATE: January 9, 2024
SUBJECT: Animal Shelter and Animal Control Services
RECOMMENDATION:

Direct City Manager to provide A.R.E. Animal Rescue with termination notice to be effective June 30, 2024.

BACKGROUND:

The decision to terminate the Agreement with A.R.E. Animal Rescue is neither questioned nor opposed.

I believe the decision to terminate the Agreement is in the best interest of all concerned. However, 90 days does not provide adequate time to negotiate a contract, obtain approvals and implement. Our previous contract with Riverside County provided a 180-day termination provision because that is a minimum timeframe for a transition of this type. The City cannot afford to take on the cost of a contract with Riverside County Department of Animal Services.

A proposal from Riverside County Animal Services was received on December 12, 2023. Riverside County will not provide Animal Shelter Services without also providing Animal Control Services, which means we will need to lay off our two Animal Control Officers. The County daily impound fee is $34.10, which means every impounded cat or dog will incur a charge to the City of $341.00 after the minimum 10 day holding time. Some animals will be recovered by the owners, but as we’ve experienced, the majority of animals will not be picked up by the owners so fees will continue to be charged until those animals are adopted or euthanized. Using the 2020 statistics (last year of previous County contract) and 2023 statistics, the contract cost is likely to exceed $900,000 annually. These costs will be direct City costs.

This is a cost increase of $600,000 annually and will increase per CPI. It can be argued that costs will be less, but budgeting best practices are to conservatively estimate revenues and to estimate expenditures using data-based assumptions.

The City would not control animal impound costs under a contract with Riverside County that includes both animal control and animal shelter services. City animal control officers can be directed to prioritize reunification with the animal owner over impounding. The City could not provide that same direction to Riverside County Animal Control Officers.
2023 Statistics
1958
$34.10 daily fee X 10 days = $341.00 (minimum 10 day holding period) 740 dogs X $341.00 = $252,234.00
1,081 cats X $341.00 = $368,621.00
TOTAL: $620,855.00
2020 Statistics
226 dogs X $34.10 = $77,066
106 cats X $341.00 = $36,146
TOTAL: $113,212
The expenses the City pays in addition to the $60,000 contract fee with ARE is less than $10,000 annually for propane and utilities. Costs for veterinary services will not change because the City is responsible for injured animals prior to impound. For example, if a stray dog is hit by a vehicle and requires veterinary care, the animal is taken to an emergency clinic and treated. Animal Control and the Clinic will attempt to locate the pet owner, but if that cannot be accomplished the City is responsible for the cost of services provided. After treatment and release, the animal will be transported to the shelter for impound, at which point the animal becomes the responsibility of the shelter operator.

Two full-time County ACO’s will be an expense of $273,125 and will increase annually per COLA. Our current costs, including wages, benefits, vehicle leases, training, equipment, etc. is $250,000. From past experience, prior to 2021, we can expect the level of animal control service will decline.

JUSTIFICATION:

A timeframe of more than 90 days is required for transition from the contract animal shelter services provided by A.R.E. Animal Rescue to another option. In addition, the contract cost and proposal from Riverside County Department of Animal Services requires use of Riverside County for Animal Control Services.

FISCAL IMPACT:

A contract with Riverside County Animal Services will result in a significant annual cost increase for animal shelter and animal control services. Actual costs will depend upon number of pets impounded.

Estimated increase cost is $500,000 annually.

ALTERNATIVES:

1. Direct City Manager to provide notice of contract termination to A.R.E. Animal Rescue effective June 30, 2024.

2. Direct City Manager to provide notice of contract termination to A.R.E. Animal Rescue effective [insert date].

3. Take no action. Previous City Council direction for 90-day notice of termination will remain effective. 1959

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Art Vela, Public Works Director
MEETING DATE: January 9, 2024
SUBJECT: Discuss Adding a City of Banning Identifier to the San Gorgonio Avenue Overpass
RECOMMENDATION:

Discuss adding a City of Banning identifier to the San Gorgonio Avenue Overpass and provide direction to staff.

BACKGROUND:

Many City’s have begun to add architectural features including their names (“City Identifier”) on overpasses along interstates. These City Identifiers provide an opportunity for city’s to brand, create recognition and provide a positive image for existing and future residents and visitors traveling to and by their city’s, which could aid in additional economic development.

The City of Banning could add a City Identifier to the San Gorgonio overpass an enjoy those same benefits. In the limited research conducted by Public Work staff, it appears that a cost range for such an improvement could range from $500,000 to $1,500,000 depending on the design. The biggest challenge for this project would be funding. Funding sources could include grants (e.g. Clean California, etc.), finance districts (e.g. Infrastructure Finance Districts, etc.) and local funds. As of today the City does not have any funds allocated to this project.

If a majority interests exists, City Council could consider a few options:

Option #1: Do nothing.

Option #2: Direct staff to research grant opportunities and apply for grants as they become available.

Some grants may require a match, which could be funded by local funds or other sources.

Option #3: Direct staff to procure architectural services to develop several architectural renderings to choose from and to develop high level cost estimates. The results of these efforts could assist in bolstering the City’s grant applications.

The three options above are not intended to be an exhaustive list of options, but only those that would not require a large funding commitment at this time.

JUSTIFICATION:

A City Identifier on the San Gorgonio Avenue overpass could provide the City various benefits as described in this report.
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FISCAL IMPACT:

The cost for the preparation of a grant application(s) would range from $10,000 to $25,000 depending on the requirements of the grant guidelines and level of effort.

The cost for the preparation of architectural renderings and estimates would range from $20,000 to $30,000.

ALTERNATIVES:

1. Direct to move forward with one of the options listed in this report.

2. Provide alternative direction to staff.

ATTACHMENTS:

1. Identifier Examples.pdf
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Assembly Bill No. 2495
CHAPTER 264
An act to add Section 688.5 to the Penal Code, relating to criminal procedure.
[Approved by Governor September 5, 2018. Filed with Secretary of State September 5, 2018.]
legislative counsel’s digest
AB 2495, Mayes. Prosecuting attorneys: charging defendants for the prosecution costs of criminal violations of local ordinances.

Existing law establishes various procedures applicable to criminal prosecutions.

The people of the State of California do enact as follows:

O
95 Ch. 264 — 2 —
195667
State of California

GOVERNMENT CODE
Section 1770
1770. An office becomes vacant on the happening of any of the following events before the expiration of the term:
(a)  The death of the incumbent.
(b)  An adjudication pursuant to a quo warranto proceeding declaring that the incumbent is physically or mentally incapacitated due to disease, illness, or accident, and that there is reasonable cause to believe that the incumbent will not be able to perform the duties of his or her office for the remainder of his or her term. This subdivision shall not apply to offices created by the California Constitution nor to federal or state legislators.
(c)  (1)  His or her resignation, except as provided in paragraph (2). (2)  In the case of the office of city council member, upon the delivery of a letter of resignation by the resigning council member to the city clerk. The letter of resignation may specify a date on which the resignation will become effective. (d)  His or her removal from office.
(e)  His or her ceasing to be an inhabitant of the state, or if the office be local and one for which local residence is required by law, of the district, county, or city for which the officer was chosen or appointed, or within which the duties of his or her office are required to be discharged.
(f)  His or her absence from the state without the permission required by law beyond the period allowed by law.
(g)  His or her ceasing to discharge the duties of his or her office for the period of three consecutive months, except when prevented by sickness, or when absent from the state with the permission required by law.
(h)  His or her conviction of a felony or of any offense involving a violation of his or her official duties. An officer shall be deemed to have been convicted under this subdivision when trial court judgment is entered. For purposes of this subdivision, “trial court judgment” means a judgment by the trial court either sentencing the officer or otherwise upholding and implementing the plea, verdict, or finding. (i)  His or her refusal or neglect to file his or her required oath or bond within the time prescribed.
(j)  The decision of a competent tribunal declaring void his or her election or appointment.
(k)  The making of an order vacating his or her office or declaring the office vacant when the officer fails to furnish an additional or supplemental bond. (l)  His or her commitment to a hospital or sanitarium by a court of competent jurisdiction as a drug addict, dipsomaniac, inebriate, or stimulant addict; but in that 186397
event the office shall not be deemed vacant until the order of commitment has become final.
(m)  (1)  The incumbent is listed in the Excluded Parties List System and all of the following subparagraphs apply:
(A)  The office is one that the incumbent holds ex officio, by virtue of holding another office, or as an appointee.
(B)  The appointed or ex officio office is on the governing board of a local agency that is, or may reasonably be expected to be, a participant or principal in a covered transaction, pursuant to federal law.
(C)  A federal agency head or designee has not granted the incumbent an exception, in writing, permitting the incumbent to participate in a particular covered transaction in which the local agency is, or may reasonably be expected to be, a participant or principal.
(2)  For purposes of this subdivision, the following terms have the following meanings:
(A)  “Excluded Parties List System” means the list maintained and disseminated by the federal General Services Administration containing names of, and other information about, persons who are debarred, suspended, disqualified, or otherwise excluded from participating in a covered transaction, pursuant to federal law. (B)  “Local agency” includes, but is not limited to, a county, whether general law or chartered, city, whether general law or chartered, city and county, school district, municipal corporation, district, political subdivision, or any board, commission, or agency of one of these entities.
(C)  “Federal law” includes, but is not limited to, federal regulations adopted pursuant to Section 2455 of Public Law 103-355 (108 Stat. 3327), Executive Order No. 11738, Executive Order No. 12549, and Executive Order No. 12689. (3)  This subdivision shall not apply to an elective office. (Amended by Stats. 2014, Ch. 725, Sec. 1. (AB 1795) Effective January 1, 2015.) 186497
2 TASK ORDER NO: BEU-01-A-01
Date: May 23, 2023
Project Description: Commercial and Residential Direct Install Programs Participating Member: Banning Electric Utility (“Participant”) Consultant or Contractor: Eagle Systems International, Inc. DBA Synergy Companies (“Consultant” or “Contractor”)
This Task Order No. BEU-01-A-01 amends Task Order No. BEU-01, and is issued pursuant to the Master Professional Services Agreement between SCPPA and Consultant dated October 15, 2020, and as amended on December 16, 2021 ("Agreement"). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Master Professional Services Agreement ("Agreement") between SCPPA and Consultant dated October 15, 2020, and Amended on December 16, 2021.

Amendment to Task Order No. BEU-01
This Task Order No. BEU-01-A-01 shall amend the “Compensation and Schedule” provision in Task Order No. BEU-01 to read as follows:

Compensation and Schedule
This Task Order is effective from July 1, 2022 to October 15, 2023 with a not to exceed amount of $200,000. Consultant shall invoice BEU monthly, after completion of onsite energy assessments, installation of energy measures, and delivery of final reports to BEU and BEU customers.

Except as amended herein, all other terms and conditions of Task Order No. No. BEU-01 remain in full force and effect.
[SIGNATURE PAGE FOLLOWS]
DocuSign Envelope ID: 19F482EB-92C2-405E-875C-9DE6E538F16D 1975 521
2 IN WITNESS WHEREOF, the parties have signed this Task Order BEU-01-A-01 as of the date first written above.

SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY
By:

MICHAEL S. WEBSTER
Executive Director
Approved as to Legal Form:

ARMANDO ARBALLO
Assistant General Counsel
EAGLE SYSTEMS INTERNATIONAL, INC. DBA SYNERGY COMPANIES By:

MATTHEW CLARK
Vice President of Business Development
Participant’s Acknowledgement and Agreement
The undersigned hereby attests that he has the requisite authority to bind the Participant to the obligations set forth in this Task Order. Participant agrees to be responsible for any and all fees, costs and expenses invoiced to SCPPA by Consultant for work performed on behalf of, or for the benefit of, Participant pursuant to the Agreement.

Participant agrees to indemnify, defend and hold harmless SCPPA, all other members and their respective directors, officers, agents, representatives, employees, successors and assigns from and against any and all losses, injuries, costs and expenses, damages, liens, claims, or liabilities, including reasonable attorney’s fees, incurred by SCPPA in connection with the work performed for the benefit of, or on behalf of, Participant pursuant to the Agreement, except for the gross negligence or willful misconduct of SCPPA or such other SCPPA members, and their officers, agents, representatives or employees.

BANNING ELECTRIC UTILITY
By:

DOUG SCHULZE
City Manager
DocuSign Envelope ID: 19F482EB-92C2-405E-875C-9DE6E538F16D 1976 522
AMENDMENT NO. 2

TO THE MASTER GOODS AND SERVICES AGREEMENT BETWEEN

SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY
AND
EAGLE SYSTEMS INTERNATIONAL, INC. DBA SYNERGY COMPANIES This Amendment No. 2 to the Master Professional Services Agreement between the Southern California Public Power Authority (“SCPPA”) and the Eagle Systems International, Inc. DBA Synergy Companies (“Contractor”) (the “Agreement”), is made and entered into this 20th day of July 2023.

WHEREAS, on October 15, 2020, the SCPPA Board of Directors approved and adopted Resolution 2020-107 to authorize SCPPA to execute the Agreement; WHEREAS, the Agreement is dated October 15, 2020;
WHEREAS, the Agreement has a term of three years with the option to extend the term of the Agreement for one (1) additional term of three (3) years; WHEREAS, on December 16, 2021, SCPPA executed Amendment No. 1 to the Agreement to increase the contract not to exceed amount and update the insurance and standard of care provisions provided in the Agreement;
WHEREAS, SCPPA and Contractor wish to implement an update to update the SCPPA - Synergy Residential Efficiency Services and Products List and the SCPPA - Synergy NonResidential Efficiency Services Products List identified in Exhibit A of the Agreement; WHEREAS, SCPPA and Contractor wish to extend the term of the Agreement for an additional term of three (3) years and increase the contract not to exceed amount from ten million two hundred and fifty thousand dollars ($10,250,000.00) to eighteen million five hundred fifty thousand ($18,550,000.00).

NOW, THEREFORE, in consideration of the premises herein, and for good and valuable consideration, the Parties agree as follows:

1. The SCPPA - Synergy Residential Efficiency Services and Products List and the SCPPA - Synergy NonResidential Efficiency Services and Products List identified in Exhibit A of the Agreement shall be superseded and replaced with the SCPPA - Synergy Residential Efficiency Services and Products List and the SCPPA - Synergy NonResidential Efficiency Services Products List provided in Exhibit 1 of this Amendment No. 2 to the Agreement.

2. Pursuant to Section 10 of the Agreement, the term of the Agreement shall be extended for one (1) additional term of three (3) years so that the Agreement shall now expire on October 15, 2026.

DocuSign Envelope ID: 7B392C3F-7008-46BF-8A58-4AE87A36EC0E 1977 514

3. The cost of all goods and services provided during the term of the Agreement, including reimbursement of reasonable out-of-pocket expenditures, shall not eighteen million five hundred fifty thousand ($18,550,000.00).

4. Except as provided herein, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, each signatory hereto represents that he or she has been properly authorized to execute and deliver this amendment on behalf of the party for which he or she signs.

SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY
By:

MICHAEL S. WEBSTER
Executive Director
Approved as to Legal Form:

CHRISTINE GODINEZ
General Counsel
and;
EAGLE SYSTEMS INTERNATIONAL, INC. DBA SYNERGY COMPANIES By:

MATTHEW CLARK
Vice President of Business Development
DocuSign Envelope ID: 7B392C3F-7008-46BF-8A58-4AE87A36EC0E 1978 515
EXHIBIT 1
DocuSign Envelope ID: 7B392C3F-7008-46BF-8A58-4AE87A36EC0E 1979 516
# Technology Residential Measures Unit
Definition
Standard Unit
Price
Volumetric Pricing
(500 + Annual
Installations)
Volumetric Pricing
(1,000 + Annual
Installations)
R-1 Air Conditioning AC Tune-up (Refrigerant Charge, Condenser Coil Clean and Airflow) per system $ 290.40 $ 283.14 $ 275.88 R-2 Air Conditioning Attic solar fan - Large (up to 3000 sq ft 1900 CFM and 50W per household $ 1,031.25 $ 1,005.47 $ 979.69 R-3 Air Conditioning Attic solar fan - Medium (up to 2000 sq ft 1275 CFM and 20 W) per household $ 981.75 $ 957.21 $ 932.66 R-4 Air Conditioning Attic solar fan - Small (upto 1200sq ft 850 CFM & 10 watt) per household $ 981.75 $ 957.21 $ 932.66 R-5 Air Conditioning Brushless motor 1/2 HP per ton per ton $ 184.94 $ 180.31 $ 175.69 R-6 Air Conditioning Ceiling Fan w/ light-all 53-60" per fixture $ 412.50 $ 402.19 $ 391.88 R-7 Air Conditioning Ceiling Fan w/ light-all medium 42-52 " per fixture $ 369.40 $ 367.50 $ 365.50 R-8 Air Conditioning Ceiling Fan w/ light-all small 37-41" per fixture $ 321.75 $ 313.71 $ 305.66 R-9 Air Conditioning Ceiling Fan with No light Kit Large 53-60" per fixture $ 412.50 $ 402.19 $ 391.88 R-10 Air Conditioning Ceiling Fan with No light Kit Medium 42-52" per fixture $ 359.40 $ 357.50 $ 365.50 R-11 Air Conditioning Ceiling Fan with No light Kit Small-37-41" per fixture $ 321.75 $ 313.71 $ 305.66 R-12 Air Conditioning HVAC Duct Crossover Replacement - Manufactured Homes per ton $ 274.74 $ 267.87 $ 261.00 R-13 Air Conditioning HVAC Duct Return Retrofit - Manufactured Homes per ton $ 272.63 $ 265.82 $ 259.00 R-14 Air Conditioning HVAC Duct Test and Seal per system $ 493.63 $ 481.28 $ 468.94 R-15 Air Conditioning HVAC Duct Test and Seal - w/SoCalGas Program per system $ 222.48 $ 216.91 $ 211.35 R-16 Air Conditioning HVAC Efficient Fan Control per system $ 199.38 $ 194.39 $ 189.41 R-17 Air Conditioning HVAC Smart Programmable Thermostat per stat $ 389.00 $ 379.28 $ 369.55 R-18 Air Conditioning HVAC Smart Programmable Thermostat - w/SoCalGas Program per stat $ 250.00 $ 243.75 $ 237.50 R-19 Air Conditioning Programmable Thermostat per fixture $ 107.25 $ 104.57 $ 101.89 R-20 Air Conditioning Room AC Replacement per unit $ 957.00 $ 933.08 $ 909.15 R-21 Air Conditioning Whole House Fan - 1500 CFM per home $ 1,451.58 $ 1,415.29 $ 1,379.00 R-22 Air Conditioning Whole House Fan - 2500 CFM per home $ 1,893.68 $ 1,846.34 $ 1,799.00 R-23 Air Conditioning Whole House Fan - 3300 CFM per home $ 2,065.26 $ 2,013.63 $ 1,962.00 R-24 Air Conditioning Whole House Fan - 4800 CFM per home $ 2,350.53 $ 2,291.76 $ 2,233.00 R-25 Air Conditioning Whole House Fan - 5500 CFM per home $ 2,522.11 $ 2,459.05 $ 2,396.00 R-26 Air Conditioning Window Evap coolers per system $ 1,485.00 $ 1,447.88 $ 1,410.75 R-27 Appliance Microwave oven per fixture $ 206.25 $ 201.09 $ 195.94 R-28 Appliance Refrigerator Replacement & recycling-top mount freezer-16-18 cu ft per fridge $ 1,443.75 $ 1,407.66 $ 1,371.56 R-28 Appliance Refrigerator Replacement & recycling-top mount freezer-19-21 cu ft per fridge $ 1,636.25 $ 1,595.34 $ 1,554.44 R-29 Audits Energy and/or Water Audit (from basic to comprehensive analysis) per household $ 99 - 450 $ 94 - 429 $ 89 - 409 R-30 Fees Minimum trip charge per trip $ 99.00 Waived Waived R-31 Lighting LED A Lamp (6-9w) per lamp $ 13.75 $ 13.41 $ 13.06 R-32 Lighting LED A Lamp (6-9w) - Member Provided per lamp $ 6.88 $ 6.70 $ 6.53 R-33 Lighting LED Candelabra per lamp $ 13.75 $ 13.41 $ 13.06 R-34 Lighting LED Ceiling Flushmount (1 Bulb) 4 ft. White per fixture $ 136.13 $ 132.72 $ 129.32 R-35 Lighting LED Ceiling Flushmount (2 Bulb) 4 ft. White per fixture $ 204.88 $ 199.75 $ 194.63 R-36 Lighting LED Flood Lamp (11-12w) per lamp $ 21.12 $ 20.59 $ 20.06 R-37 Lighting LED Hardwired Ceiling Fixture (Circle) (17w) per fixture $ 128.59 $ 125.38 $ 122.16 R-38 Lighting LED Hardwired Porch Light per fixture $ 126.67 $ 123.50 $ 120.33 R-39 Lighting LED Night Lights per lamp $ 13.74 $ 13.39 $ 13.05 R-40 Lighting LED R-30 per lamp $ 35.75 $ 34.86 $ 33.96 R-41 Lighting LED R-40 per lamp $ 49.50 $ 48.26 $ 47.03 R-42 Lighting LED Retrofit 8 ft. and 4 ft. Light Fixtures with LED Kit per fixture $ 198.00 $ 193.05 $ 188.10 R-43 Lighting Occupancy sensor per sensor $ 75.63 $ 73.73 $ 71.84 R-44 Lighting Solar Tubes per fixture $ 1,395.63 $ 1,360.73 $ 1,325.84 R-45 Lighting Standard T8 to LED T8 Plug and Play - 2 foot per lamp $ 31.35 $ 30.57 $ 29.78 R-46 Lighting Standard T8 to LED T8 Plug and Play - 3 foot per lamp $ 37.95 $ 37.00 $ 36.05 R-47 Lighting Standard T8 to LED T8 Plug and Play - 4 foot per lamp $ 42.08 $ 41.02 $ 39.97 R-48 Lighting Standard T8 to LEDT8 Plug and Play - 8 foot per lamp $ 72.60 $ 70.79 $ 68.97 R-49 Plug Load Control Smart Power Strip (Tier 2) per fixture $ 181.50 $ 176.96 $ 172.43 R-50 Plug Load Control Smart Power Strip (Tier 2) - Install Only per fixture $ 66.00 $ 64.35 $ 62.70 R-51 Plug Load Control Smart Power Strip (Tier 1) per strip $ 74.25 $ 72.39 $ 70.54 R-52 Plug Load Control Smart Power Strip (Tier 1) - Install Only per strip $ 33.00 $ 32.18 $ 31.35 R-53 Pumps and Motors Variable speed drive pool pump - Residential per pump $ 2,406.25 $ 2,346.09 $ 2,285.94 R-54 Water - Indoor Faucet aerators - bath per fixture $ 9.56 $ 9.32 $ 9.08 R-55 Water - Indoor Faucet aerators - bath w/SoCalGas Program per fixture $ 5.00 $ 4.88 $ 4.75 R-56 Water - Indoor Faucet aerators - kitchen per fixture $ 13.68 $ 13.34 $ 13.00 R-57 Water - Indoor Faucet aerators - kitchen w/SoCalGas Program per fixture $ 7.50 $ 7.31 $ 7.13 R-58 Water - Indoor Low Flow Showerhead per fixture $ 25.44 $ 24.80 $ 24.17 R-59 Water - Indoor Low Flow Showerhead w/SoCalGas Program per fixture $ 12.50 $ 12.19 $ 11.88 R-60 Water - Indoor Low Flow Showerhead - Handheld per fixture $ 46.06 $ 44.91 $ 43.76 R-61 Water - Indoor Low Flow Showerhead - Handheld w/SoCalGas Program per fixture $ 23.00 $ 22.43 $ 21.85 Fees
Lighting
Plug Loads
Pumps and Motors
Water - Indoor
Audits
SCPPA - Synergy Residential Efficiency Services and Products List Manufactured-Mobile Homes, Multifamily Dwellings, and Single Family Residences Services and Products are calculated as an ALL-INCLUSIVE DIRECT-INSTALL PRICE (Includes Material, Labor, Marketing, Administration) Air Conditioning
Appliances
DocuSign Envelope ID: 7B392C3F-7008-46BF-8A58-4AE87A36EC0E 1980 517
R-62 Water - Indoor Low Flow Toilet - 1.1 GPF per fixture $ 577.50 $ 563.06 $ 548.63 R-63 Water - Indoor Low Flow Toilet - 1.28 GPF per fixture $ 522.50 $ 509.44 $ 496.38 R-64 Water - Indoor Ultra Low Flow Toilet - 0.8 GPF per fixture $ 618.75 $ 603.28 $ 587.81 R-65 Water - Indoor Thermostatic Shower Valve per fixture $ 58.44 $ 56.98 $ 55.52 R-66 Water - Outdoor Weather Based Irrigation Controller per unit $ 397.38 $ 387.44 $ 377.51 R-67 Weatherization Add R-19 Attic insulation (up to R30) per sq ft $ 1.79 $ 1.74 $ 1.69 R-68 Weatherization Add R-19 Attic insulation (up to R30) - w/SoCalGas Program per sq ft $ 0.41 $ 0.40 $ 0.39 R-69 Weatherization Add R-38 Attic insulation (up to R38) per sq ft $ 2.09 $ 2.05 $ 1.99 R-70 Weatherization Attic / Whole House Seal per sq ft $ 0.54 $ 0.52 $ 0.51 R-71 Weatherization Blower door test-in only per test $ 168.78 $ 164.56 $ 160.34 R-72 Weatherization CAS testing (if desired or required by installation standards) per test $ 67.38 $ 65.69 $ 64.01 R-73 Weatherization Deeply Buried Ducting, R-60 Attic Insulation, Attic Plane Sealing, Duct Test and Seal per sq ft $ 2.59 $ 2.55 $ 2.52 R-74 Weatherization Door shoe per door $ 27.50 $ 26.81 $ 26.13 R-75 Weatherization Door Threshold per door $ 27.50 $ 26.81 $ 26.13 R-76 Weatherization Door weatherstripping flat type per door $ 67.38 $ 65.69 $ 64.01 R-77 Weatherization Hot water heater wrap per wrap $ 70.13 $ 68.37 $ 66.62 R-78 Weatherization Minor home repair per hour $ 68.06 $ 66.36 $ 64.66 R-79 Weatherization Pipe Insulation per system $ 39.88 $ 38.88 $ 37.88 R-80 Weatherization Shade screens-mobile 100 sq ft $ 824.31 $ 803.70 $ 783.10 R-81 Weatherization Shade screens-multifamily 100 sq ft $ 824.31 $ 803.70 $ 783.10 R-82 Weatherization Shade screens-single family 100 sq ft $ 909.36 $ 886.62 $ 863.89 Weatherization
* If SCPPA members desire to install measures that are not contained on the residential list, Synergy will provide a proposal for their implementation with the SCPPA member before implementation. Synergy will add these measures to the SCPPA price list as part of future SCPPA price list updates if the measure has perceived value for all SCPPA members.

Water - Outdoor
DocuSign Envelope ID: 7B392C3F-7008-46BF-8A58-4AE87A36EC0E 1981 518
SCPPA - Synergy NonResidential Efficiency Services and Products List # Non-Residential Measures Technology Unit
Definition
Standard Unit
Price
Volumetric
Pricing (500 +
Annual
Installations)
Volumetric Pricing
(1,000 + Annual
Installations)
N-1 AC Tune-up (Refrigerant Charge, Condenser Coil Clean and Airflow) < 10 Ton Air Conditioning per ton $ 90.75 $ 88.48 $ 86.21 N-2 AC Tune-up (Refrigerant Charge, Condenser Coil Clean and Airflow) > 10 Ton Air Conditioning per ton $ 99.75 $ 97.75 $ 95.50 N-3 Brushless motor 1/2 HP per ton Air Conditioning per ton $ 184.94 $ 180.31 $ 175.69 N-4 Brushless motor 3/4 HP per ton Air Conditioning per ton $ 192.94 $ 188.11 $ 183.29 N-5 HVAC Efficient Fan Control Air Conditioning each $ 199.38 $ 194.40 $ 189.41 N-6 Programmable Thermostat Air Conditioning each $ 195.00 $ 190.13 $ 185.25 N-7 Smart Programmable Thermostat Air Conditioning each $ 389.00 $ 379.28 $ 369.55 N-8 Smart Programmable Thermostat w/SoCalGas Program Air Conditioning each $ 250.00 $ 243.75 $ 237.50 N-9 Energy and/or Water Audit (from basic to comprehensive analysis) Audits each $ 99 - 450 $ 94 - 429 $ 89 - 409 N-10 Minimum trip charge Fees per trip $ 99.00 Waived Waived N-11 ≤100W Area/Street Light 5000K Lighting each $ 595.00 $ 580.13 $ 565.25 N-12 ≤100W LED Gas Station Canopy Light 5000K Lighting each $ 495.00 $ 482.63 $ 470.25 N-13 ≤120W LED Canopy Light 5000K Lighting each $ 216.25 $ 210.84 $ 205.44 N-14 ≤13W LED Downlight (Recess) 4 lnch 5000K Lighting each $ 595.00 $ 580.13 $ 565.25 N-15 ≤150W Area/Street Light 5000K Lighting each $ 999.50 $ 974.51 $ 949.53 N-16 ≤200W LED Gas Station Canopy Light 5000K Lighting each $ 595.00 $ 580.13 $ 565.25 N-17 ≤22W LED Downlight (Recess) 6 lnch 5000K Lighting each $ 39.50 $ 38.51 $ 37.53 N-18 ≤30W LED Flood Light Lighting each $ 179.50 $ 175.01 $ 170.53 N-19 ≤35W LED Downlight (Recess) 8 lnch 5000K Lighting each $ 111.25 $ 108.47 $ 105.69 N-20 2 ft 2L U6 LED Retrofit Lighting each $ 69.50 $ 67.76 $ 66.03 N-21 2ft LED Flat Panel Retrofit Lighting each $ 149.50 $ 145.76 $ 142.03 N-22 3FT 1L LED Lamp and Elec. Ballast Plug-n-Play Lighting each $ 79.95 $ 77.95 $ 75.95 N-23 3FT 2L LED Lamp and Elec. Ballast Plug-n-Play Lighting each $ 99.95 $ 97.45 $ 94.95 N-24 4FT 1L LED Lamp and Elec. Ballast Plug-n-Play Lighting each $ 69.50 $ 67.76 $ 66.03 N-25 4ft 1L LED New Fixture Lighting each $ 108.59 $ 104.59 $ 101.59 N-26 4FT 2L LED Lamp and Elec. Ballast Plug-n-Play Lighting each $ 79.95 $ 77.95 $ 75.95 N-27 4ft 2L LED New Fixture Lighting each $ 189.50 $ 184.76 $ 180.03 N-28 4ft 2L LED Retrofit Kit and Elec. Ballast (8ft 1L retrofit) Lighting each $ 139.00 $ 135.53 $ 132.05 N-29 4FT 3L LED Lamp and Elec. Ballast Plug-n-Play Lighting each $ 99.95 $ 97.45 $ 94.95 N-30 4ft 3L LED New Fixture Lighting each $ 210.00 $ 204.75 $ 199.50 N-31 4FT 4L LED Lamp and Elec. Ballast Plug-n-Play Lighting each $ 109.00 $ 106.28 $ 103.55 N-32 4ft 4L LED New Fixture Lighting each $ 235.00 $ 229.13 $ 223.25 N-33 4ft 4L LED Retrofit Kit and Elec. Ballast (8ft 2L retrofit) Lighting each $ 149.00 $ 145.28 $ 141.55 N-34 4ft LED Panel Retrofit Kit New Fixture Lighting each $ 179.50 $ 175.01 $ 170.53 N-35 4ft Tube Guard Lighting each $ 9.00 $ 8.78 $ 8.55
N-36 8FT 1L LED Lamp and Elec. Ballast Plug-n-Play Lighting each $ 86.88 $ 84.70 $ 82.53 N-37 8ft 1L LED New Fixture Lighting each $ 135.74 $ 130.74 $ 126.99 N-38 8FT 2L LED Lamp and Elec. Ballast Plug-n-Play Lighting each $ 99.94 $ 97.44 $ 94.94 N-39 8ft 2L LED New Fixture Lighting each $ 236.88 $ 230.95 $ 225.03 N-40 8ft 2L LED Retrofit Kit and Elec. Ballast (8ft 1L retrofit) Lighting each $ 173.75 $ 169.41 $ 165.06 N-41 8FT 3L LED Lamp and Elec. Ballast Plug-n-Play Lighting each $ 124.94 $ 121.81 $ 118.69 N-42 8ft 3L LED New Fixture Lighting each $ 262.50 $ 255.94 $ 249.38 N-43 8FT 4L LED Lamp and Elec. Ballast Plug-n-Play Lighting each $ 136.25 $ 132.84 $ 129.44 N-44 8ft 4L LED New Fixture Lighting each $ 293.75 $ 286.41 $ 279.06 N-45 8ft 4L LED Retrofit Kit and Elec. Ballast (8ft 2L retrofit) Lighting each $ 186.25 $ 181.59 $ 176.94 N-46 8ft LED Panel Retrofit Kit New Fixture Lighting each $ 224.38 $ 218.77 $ 213.16 N-47 8ft Tube Guard Lighting each $ 12.00 $ 11.70 $ 11.40 N-48 Chandelier 3W LED Dimmable Candelabra Lighting each $ 14.95 $ 14.58 $ 14.20 N-49 Electronic Ballast (low/medium/high) Lighting each $ 49.50 $ 48.26 $ 47.03 N-50 Green or Red Photo luminescent Exit Sign (Double Sided) Lighting each $ 299.50 $ 292.01 $ 284.53 N-51 Green or Red Photo luminescent Exit Sign (Single Sided) Lighting each $ 150.00 $ 146.25 $ 142.50 N-52 HID to ≤100W LED Highbay 5000K (Warehouse) Lighting each $ 499.50 $ 487.01 $ 474.53 N-53 HID to ≤240W LED Highbay 5000K (Warehouse) Lighting each $ 699.50 $ 682.01 $ 664.53 N-54 Highbay T5 2L LED Lamp and Elec. Ballast Plug-n-Play Lighting each $ 109.50 $ 106.76 $ 104.03 N-55 Highbay T5 3L LED Lamp and Elec. Ballast Plug-n-Play Lighting each $ 125.00 $ 121.88 $ 118.75 N-56 Highbay T5 4L LED Lamp and Elec. Ballast Plug-n-Play Lighting each $ 135.00 $ 131.63 $ 128.25 N-57 Highbay T5 6L LED Lamp and Elec. Ballast Plug-n-Play Lighting each $ 155.00 $ 151.13 $ 147.25 N-58 LED downlight, screw-in-lamp, 1-3 W, interior Lighting each $ 19.95 $ 19.45 $ 18.95 N-59 LED downlight, screw-in-lamp, 4-20 W, interior Lighting each $ 19.95 $ 19.45 $ 18.95 N-60 LED Open or Exit Sign-Green or Red Replacement Battery Back-up Lighting each $ 95.00 $ 92.63 $ 90.25 N-61 LED Wall Packs ≤100W LED Bulb Lighting each $ 349.50 $ 340.76 $ 332.03 N-62 LED Wall Packs ≤150W LED Wallpack High Power Lighting each $ 749.50 $ 730.76 $ 712.03 N-63 LED Wall Packs ≤200W LED Wallpack High Power Lighting each $ 899.50 $ 877.01 $ 854.53 N-64 LED Wall Packs ≤30W LED Wall Pack 5000K Lighting each $ 199.50 $ 194.51 $ 189.53 N-65 LED Wall Packs ≤60W LED Wall Pack 5000K Lighting each $ 399.50 $ 389.51 $ 379.53 N-66 LED Wall Packs ≤80W LED Wall Pack High Power Lighting each $ 399.50 $ 389.51 $ 379.53 N-67 LED Wall Packs ≤90W LED Wall Pack 5000K Lighting each $ 449.50 $ 438.26 $ 427.03 N-68 Lighting Controls Motion Sensors Lighting each $ 129.50 $ 126.26 $ 123.03 N-69 Lighting Controls with Daylight Harvesting Lighting each $ 139.50 $ 136.01 $ 132.53 N-70 PAR16 / MR16 to LED ≤10 W Lighting each $ 14.95 $ 14.58 $ 14.20 N-71 PAR16 / MR16 to LED 2-6 W Lighting each $ 14.95 $ 14.58 $ 14.20 Lighting
Small Commercial, Industrial, and Institutional Facilities Services and Products are calculated as an ALL-INCLUSIVE DIRECT-INSTALL PRICE (Includes Material, Labor, Marketing, Administration) Air Conditioning
Audits
Fees
DocuSign Envelope ID: 7B392C3F-7008-46BF-8A58-4AE87A36EC0E 1982 519
N-72 PAR20 to LED 3-9W Lighting each $ 19.95 $ 19.45 $ 18.95 N-73 PAR30 to LED 7-19W Lighting each $ 19.95 $ 19.45 $ 18.95 N-74 PAR38 to LED 16-23W Lighting each $ 29.95 $ 29.20 $ 28.45 N-75 Replacement to ≤12W A-type LED Lighting each $ 14.95 $ 14.58 $ 14.20 N-76 Replacement to ≤12W Globe-Type LED Lighting each $ 19.95 $ 19.45 $ 18.95 N-77 Replacement to ≤7W Globe-Type LED Lighting each $ 14.95 $ 14.58 $ 14.20 N-78 Replacement to ≤9W A-type LED Lighting each $ 14.95 $ 14.58 $ 14.20 N-79 Replacement to ≤9W Globe-Type LED Lighting each $ 14.95 $ 14.58 $ 14.20 N-80 Refrigeration LED retrofit 4ft 1L LED (Low Temp) Lighting - Refrigeration each $ 199.50 $ 194.51 $ 189.53 N-81 Refrigeration LED retrofit 4ft 2L LED (Low Temp) Lighting - Refrigeration each $ 299.50 $ 292.01 $ 284.53 N-82 Refrigeration LED retrofit 5ft 1L LED (Low Temp) Lighting - Refrigeration each $ 224.50 $ 218.89 $ 213.28 N-83 Refrigeration LED retrofit 6ft 1L LED (Low Temp) Lighting - Refrigeration each $ 244.50 $ 238.39 $ 232.28 N-84 Refrigeration LED retrofit 7ft 1L LED (Low Temp) Lighting - Refrigeration each $ 399.50 $ 389.51 $ 379.53 N-85 Refrigeration LED retrofit 8ft 1L LED (Low Temp) Lighting - Refrigeration each $ 499.50 $ 487.01 $ 474.53 N-86 Commercial Grade Variable Speed Pool Pump Pumps and Motors each $ 2,750.00 $ 2,681.25 $ 2,612.50 N-87 Anti-Sweat Heat (ASH) Controls (or Humidistat Controls) Cooler Refrigeration each $ 779.50 $ 760.01 $ 740.53 N-88 Anti-Sweat Heat (ASH) Controls (or Humidistat Controls) Freezer Refrigeration each $ 25.00 $ 24.38 $ 23.75 N-89 Door Closer (pneumatic spring) Refrigeration each $ 249.50 $ 243.26 $ 237.03 N-90 Freezer Curtains Medium Per Square Foot Refrigeration Square Foot $ 14.95 $ 14.58 $ 14.20 N-91 Freezer Main Cooler Door Gaskets Low Temperature per Linear ft. Refrigeration Linear Foot $ 19.50 $ 19.01 $ 18.53 N-92 Heavy duty UV Refrigeration Pipe-Insulation Linear ft. Refrigeration each $ 19.50 $ 19.01 $ 18.53 N-93 Install Fan Controllers Refrigeration each $ 499.50 $ 487.01 $ 474.53 N-94 Refrigerant charge for refrigerators/freezers (up to 3 lbs) Refrigeration each $ 95.00 $ 92.63 $ 90.25 N-95 Refrigeration Curtains Medium Per Linear ft. Refrigeration each $ 14.95 $ 14.58 $ 14.20 N-96 Refrigerator Main Cooler Door Gaskets Medium Temperature per Linear ft. Refrigeration each $ 19.50 $ 19.01 $ 18.53 N-97 Replace Standard Fan Motors with Electronically Commutated Motors (ECM) (1/4 - 1 1/2 Hp) Refrigeration each $ 349.50 $ 340.76 $ 332.03 N-98 Replace Standard Fan Motors with Electronically Commutated Motors (ECM) (1/47 - 1/4 Hp) Refrigeration each $ 329.50 $ 321.26 $ 313.03 N-99 Split Systems w/Multiple Coils Tune-up Refrigeration each $ 99.50 $ 97.01 $ 94.53 N-100 Suction Line Insulation (per linear foot) Refrigeration each $ 9.25 $ 9.02 $ 8.79 N-101 Under Counter & Self Contained Tune-up Refrigeration each $ 245.00 $ 238.88 $ 232.75 N-102 Vending Machine Controls Refrigeration each $ 281.00 $ 273.98 $ 266.95 N-103 Walk-In Cooler Tune-up Refrigeration each $ 245.00 $ 238.88 $ 232.75 N-104 Walk-In Freezer Tune-up Refrigeration each $ 245.00 $ 238.88 $ 232.75 N-105 Dipper Wells Water - Indoor each $ 299.50 $ 292.01 $ 284.53 N-106 Dual Flush Retrofits Water - Indoor each $ 225.00 $ 219.38 $ 213.75 N-107 Faucet Aerators Water - Indoor each $ 9.95 $ 9.70 $ 9.45 N-108 Faucet Aerators - w/SoCalGas Program Water - Indoor each $ 5.00 $ 4.88 $ 4.75 N-109 Faucets Water - Indoor each $ 249.50 $ 243.26 $ 237.03 N-110 Flushometer retrofits Water - Indoor each $ 250.00 $ 243.75 $ 237.50 N-111 Premium High Efficiency Toilets (1.1 gpf or less) Water - Indoor each $ 495.00 $ 482.63 $ 470.25 N-112 Pre-Rinse Spray Valve Water - Indoor each $ 125.00 $ 121.88 $ 118.75 N-113 Pre-Rinse Spray Valve - w/SoCalGas Program Water - Indoor each $ 62.00 $ 60.45 $ 58.90 N-114 Repair Toilet Flapper Water - Indoor each $ 49.95 $ 48.70 $ 47.45 N-115 Shower Heads Water - Indoor each $ 42.50 $ 41.44 $ 40.38 N-116 Shower Heads - w/SoCalGas Program Water - Indoor each $ 21.00 $ 20.48 $ 19.95 N-117 Ultra Low Water Urinals (0.125 gpf or less) Water - Indoor each $ 499.50 $ 487.01 $ 474.53 N-118 Zero Water Urinals (0 gpf) Water - Indoor each $ 489.00 $ 476.78 $ 464.55 N-119 High Efficiency Sprinkler Heads Water - Outdoor each $ 24.50 $ 23.89 $ 23.28 N-120 Soil Moisture Sensors Water - Outdoor each $ 59.00 $ 57.53 $ 56.05 N-121 Weather Based Irrigation Controllers Water - Outdoor each $ 397.38 $ 387.44 $ 377.51 Lighting - Refrigeration
Pumps & Motors
Refrigeration
Water Efficiency - Indoor
Water Efficiency - Outdoor
DocuSign Envelope ID: 7B392C3F-7008-46BF-8A58-4AE87A36EC0E 1983 520

Banning City CouncilJanuary 9, 2024

Banning City Council
January 9, 2024