February 6, 2024
5:00 p.m.
In Chambers
Council Chambers
99 E. Ramsey Street
Banning, CA 92220
1. CALL TO ORDER
2. PUBLIC COMMENTS - Agenda Items Only
3. WORKSHOP ITEMS
3.1 Interviews of Candidates for Appointment to Fill City Council District 4 Vacancy
3.2 Consideration of Resolution 2024-15, Appointing One Candidate to Fill the City Council District 4 Vacancy until a Successor has been Elected at the November 2024 General Municipal Election and Installed in Office
4. OATH OF OFFICE
5. ADJOURNMENT
AGENDA
SPECIAL CITY COUNCIL MEETING (WORKSHOP) OF THE BANNING CITY COUNCIL
CITY OF BANNING, CALIFORNIA
The following information comprises the agenda for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.
Per City Council Resolution 2016-44, matters taken up by the Council before 10 p.m. may be concluded, but no new matters shall be taken up except upon a unanimous vote of the council members present and voting. Such an extension shall only be valid for one hour and each hour thereafter shall require a renewed action for the meeting to continue.
Recommendation: Staff recommend that the City Council interview qualified candidates who have submitted applications to fill the City Council District 4 vacancy by appointment.
Recommendation: Staff recommend that the City Council adopt Resolution 2024-15, appointing one candidate to fill the City Council District 4 vacancy, to be effective immediately, until a successor has been elected at the November 2024 General Municipal Election and installed in office.
AFFIDAVIT • DECLARACIÓN JURADA
IT IS HEREBY CERTIFIED under the laws of the State of California that the above agenda was posted on the City's website (www.banningca.gov) as well as the Bulletin Board at Banning City Hall, located at 99 E Ramsey Street, Banning, CA 92220, at least 72 hours in advance of the meeting.
Special City Council Meeting (Workshop) Agenda
February 6, 2024
1 __________________________
Caroline Patton, Administrative City Clerk
Secretario adjunto de la ciudad
PUBLIC NOTICE • NOTICIA PÚBLICA
Meeting Agendas and Notices
Interested in receiving email and/or text notifications of upcoming City Council meetings? Sign up for meeting notifications through the City's website. Pursuant to amended Government Code §54957.5(b), staff reports and other public records related to open session agenda items are available on the City's website (www.banningca.gov/).
Public Comment
Agenda Items
Any member of the public may address this meeting of the City Council on any item appearing on the agenda. A five-minute limitation shall apply to each member of the public and no member of the public shall be permitted to share their time with any other person.
Non-Agenda Items
Any member of the public may address this meeting of the Council on any item which does not appear on the regular meeting agenda but is of interest to the general public and is an item upon which the Council may act. A three-minute limitation shall apply to each member of the public and no member shall be permitted to share their time with any other person. No action shall be taken, nor discussion held by the Council, on any item which does not appear on the agenda, unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of §54954.2 of the Government Code.
Special Assistance/Accessibility Requests
In compliance with the Americans with Disabilities Act, any member of the public may request that the agenda and agenda packet be mailed to them. If you need special assistance to participate in this meeting (such as translation services), please contact the City Clerk's Office. Advanced notification of at least 48 hours prior to the meeting will allow the city to make arrangements to ensure your accessibility.
¿Necesita servicios de traducción para participar? Contacto Oficina del Secretario de la Ciudad.
CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | [email protected] 99 East Ramsey Street, Banning, California 92220
Special City Council Meeting (Workshop) Agenda
February 6, 2024
2 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: February 6, 2024
SUBJECT: Interviews of Candidates for Appointment to Fill City Council District 4 Vacancy
RECOMMENDATION:
Staff recommend that the City Council interview qualified candidates who have submitted applications to fill the City Council District 4 vacancy by appointment.
BACKGROUND:
On December 12, 2023, City Council Member Reuben Gonzales submitted a signed 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 Section 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. At the January 9, 2024 regular meeting, City Council voted 3-1 to appoint a qualified elector to fill the District 4 vacancy and provided direction to staff concerning the Council's desired process for filling the vacancy by appointment.
Council Member 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. 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." Therefore, the person appointed will hold office until the November 5, 2024 election.
JUSTIFICATION:
Following the January 9, 2024 City Council meeting, the City Clerk's Office began a recruitment process for the vacancy. The next day, January 10, 2024, the application for the vacancy and a corresponding informational website were launched on the City's webpage. A slide was created for the City's homepage and the vacancy was publicly noticed in the Record Gazette (January 19, 2024 edition).
The Record Gazette published a web story on the vacancy on January 11, 2024 and it appeared as a front-page article in the January 12, 2024 edition. The web story was updated and the story featured 3 again on the cover of the January 19th edition. Both the City of Banning and the Record Gazette Facebook accounts promoted the vacancy and application period, with information about when and how to apply.
The following five capplicants are registered voters in the City of Banning’s District 4 and are qualified to serve:
• Beverly Berry
• David Happe
• Keenan McCafferty
• Diego Rose
• Richard Royce
FISCAL IMPACT:
There is no fiscal impact as a result of holding these interviews.
ALTERNATIVES:
1. Interview qualified candidates who have submitted applications to fill the City Council District 4 vacancy by appointment.
2. Provide staff direction to take alternate action before February 10, 2024, as required by Government Code Section 36512(b).
ATTACHMENTS:
1. Applications Memorandum to City Council - REVISED.pdf
2. Record of Noticing for District 4 Vacancy.pdf
3. Banning, CA Code of Ordinances Section 2.04.040.pdf
4. GC 1770.pdf
5. GC 36512.pdf
4 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: February 6, 2024
SUBJECT: Applicants to Fill District 4 City Council Vacancy RECOMMENDATION:
City staff respectfully recommends City Council review the attached applications submitted by qualified District 4 residents seeking to serve on the City Council.
BACKGROUND:
The resignation of Council Member Gonzales on December 12, 2023 created a vacancy on the City Council. On January 9, 2024, the City Council voted 3-1 to fill the seat by appointment until the November 2024 election. The application period opened the following day, January 10, 2024, and ran through February 2, 2024.
JUSTIFICATION:
Applications were received from the following qualified residents:
• Beverly Berry
• David Happe
• Keenan McCafferty
• Diego Rose
• Richard Royce
ATTACHMENTS:
1. Application of Beverly Berry
2. Application of David Happe
3. Application of Keenan McCafferty
4. Application of Diego Rose
5. Application of Richard Royce
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9 10
11 12
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15 16
17 City Council District 4 Vacancy Noticing
1. City Council Vacancy page posted on City’s Website on January 10, 2024 http://banning.ca.us/725/City-Council-Vacancy
2. Promotion and Link to City Council Vacancy page was featured on the City’s homepage beginning January 10, 2024
18 City Council District 4 Vacancy Noticing
3. Promotion on City’s Facebook on January 16, 2024
https://www.facebook.com/CityofBanning
19 City Council District 4 Vacancy Noticing
4. Record Gazette online article posted on January 11, 2024
5. Record Gazette Facebook promotion of online article
https://www.facebook.com/recordgazette
20 City Council District 4 Vacancy Noticing
6. Updated Record Gazette Article - Updated January 18, 2024 21 City Council District 4 Vacancy Noticing
7. The Patch Article posted online January 10, 2024
https://patch.com/california/banning-beaumont/banning-city-council-votes-appointnew-councilmember 22 City Council District 4 Vacancy Noticing
8. Public Notice posted in Record Gazette on January 19, 2024 A boxed advertisement was taken out so it was more visible. 23 City Council District 4 Vacancy Noticing
9. Record Gazette story on front page of January 12, 2024 Edition 24 City Council District 4 Vacancy Noticing
10.Record Gazette story on front page of January 19, 2024 Edition 25 12/21/23, 9:36 AM Banning, CA Code of Ordinances
about:blank 1/1
A.
B.
C.
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.)
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30 CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: February 6, 2024
SUBJECT: Consideration of Resolution 2024-15, Appointing One Candidate to Fill the City Council District 4 Vacancy until a Successor has been Elected at the November 2024 General Municipal Election and Installed in Office RECOMMENDATION:
Staff recommend that the City Council adopt Resolution 2024-15, appointing one candidate to fill the City Council District 4 vacancy, to be effective immediately, until a successor has been elected at the November 2024 General Municipal Election and installed in office.
BACKGROUND:
On December 12, 2023, City Council Member Reuben Gonzales submitted a signed resignation letter to the City Clerk's Office which was effective as of that date. 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 Section 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. At the January 9, 2024 regular meeting, City Council voted 3-1 to appoint a qualified elector to fill the District 4 vacancy and provided direction to staff concerning the Council's desired process for filling the vacancy by appointment.
Council Member 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. 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." Therefore, the person appointed will hold office until a successor has been elected at the November 5, 2024 General Municipal Election and installed in office.
JUSTIFICATION:
Following the January 9, 2024 City Council meeting, the City Clerk's Office began a recruitment process for the vacancy. The next day, January 10, 2024, the application for the vacancy and a corresponding informational website were launched on the City's webpage. A slide was created for the City's homepage and the vacancy was publicly noticed in the Record Gazette (January 19, 2024 edition).
The Record Gazette published a web story on the vacancy on January 11, 2024 and it appeared as a front-page article in the January 12, 2024 edition. The web story was updated and the story featured again on the cover of the January 19th edition. Both the City of Banning and the Record Gazette 31 Facebook accounts promoted the vacancy and application period, with information about when and how to apply.
The five applicants are registered voters in the City of Banning’s District 4 and are qualified to serve:
• Beverly Berry
• David Happe
• Keenan McCafferty
• Diego Rose
• Richard Royce
Interviews of the three qualified applicants are scheduled to immediately precede this agenda item on the February 6, 2024 Special Meeting Agenda.
FISCAL IMPACT:
There is no fiscal impact as a result of making this appointment.
ALTERNATIVES:
1. Adopt Resolution 2024-15, appointing one of the qualified candidates to fill the City Council District 4 vacancy until a successor has been elected at the November 5, 2024 General Municipal Election and installed in office.
2. Provide staff direction to take alternate action before February 10, 2024, as required by Government Code Section 36512(b).
ATTACHMENTS:
1. Resolution 2024-15, Appointing Member to Dist. 4 Vacancy 32 Resolution 2024-15
RESOLUTION 2024-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPOINTING ___________________ TO FILL A VACANCY IN THE OFFICE OF MEMBER OF THE CITY COUNCIL FOR CITY COUNCIL DISTRICT 4 ARISING FROM THE RESIGNATION
OF CITY COUNCIL MEMBER REUBEN GONZALES
WHEREAS, Council Member Reuben Gonzales was elected to a four-year term of office at the November 8, 2022 election and, prior to his resignation, was serving in the first half of his four year term; and
WHEREAS, on December 12, 2023, Council Member Gonzales submitted a signed written letter of resignation to the City Clerk’s Office effective as of that date; and WHEREAS, California Government Code Section 36512(b) provides that the City 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; and WHEREAS, at the Regular City Council Meeting held on January 9, 2024, the City Council voted to fill that the vacant office of City Council Member for District 4 by appointment pursuant to Government Code Section 36512(b)(2)(A) and directed staff to advertise the vacancy and the opportunity for persons to submit applications for appointment to the position; and WHEREAS, during a Special City Council Meeting held on February 6, 2024, the City Council conducted interviews of qualified candidates desiring to fill the vacant office for Council Member for District 4, and received public comment; and WHEREAS, based on those interviews, the City Council wishes to appoint ________________ to fill the vacancy in the office of City Council Member for City Council District 4, and in accordance with Government Code Section 36512(b)(2)(A), for a term ending on the date that [his/her] successor has been elected at the November, 2024 Regular Municipal Election and that person has thereafter been installed in office.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. Pursuant to Government Code Section 36512(b), __________________ is appointed to fill the vacancy in the office of City Council for City Council District 4.
SECTION 2. Pursuant to Government Code Section 36512(b)(2)(A), _____________’s appointment shall take effect immediately upon the passage of this Resolution at the February 6, 2024 Special City Council Meeting.
SECTION 3. Pursuant to Government Code Sections 36512(b)(2)(A) and 36503, _____________________ shall hold office for City Council District 4 upon the administration of the oath of office until the date that [his/her] successor has been elected at the November 5, 2024 Regular Municipal Election and installed in office.
33 Resolution 2024-15
PASSED, APPROVED AND ADOPTED this 6th day of February 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
34 Resolution 2024-15
CERTIFICATION:
I, Caroline Patton, Administrative 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 6th day of February 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
35