The following information comprises the minutes for a regular meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.
MINUTES 5/14/2024
CITY COUNCIL REGULAR MEETING
COUNCIL MEMBERS PRESENT: Council Member Sheri Flynn
Council Member David Happe
Mayor Pro Tem Rick Minjares
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
Laurie Sampson, Assistant City Manager
Serita Young, City Attorney
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Art Vela, Director of Public Works
Lincoln Bogard, Administrative Services Director
Ralph Wright, Parks and Recreation Director
Jim Steffens, Deputy Electric Director
1. CALL TO ORDER
Mayor Sanchez called the regular meeting to order at 5:01 p.m.
1.1. Invocation – Pastor Ryan Houssein of Calvary Chapel Sweet Hills led the invocation.
1.2. Pledge of Allegiance – Mayor Sanchez led the Pledge of Allegiance.
1.3. Roll Call
COUNCIL MEMBER PRESENT ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
2. AGENDA APPROVAL
2.1. Approve Agenda
Motion to approve the agenda.
Regular Meeting Minutes 5/14/2024 Page 2 of 12
Motion by Council Member Wallace
Seconded by Council Member Happe
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
3. PRESENTATIONS
3.1. Quarterly Small Business Recognition – Reynaldo’s Restaurant
3.2. Proclamation – Small Business Month
3.3. Proclamation – National Cities, Towns, and Villages Month
3.4. Proclamation – Building Safety Month
3.5. Proclamation – National Water Safety Month
3.6. Proclamation – Kids to Parks Day 2024
4. REPORT ON CLOSED SESSION
Serita Young, City Attorney reported that there was discussion and direction provided to staff, with no final nor reportable action.
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, CITY COUNCIL
COMMITTEE REPORTS, CITY MANAGER REPORT, AND CITY ATTORNEY REPORT
5.1. PUBLIC COMMENTS
The following individuals addressed City Council during Public Comment:
• Mary Ann Rickena
• John Hagen
• Ajit Desai
• Inge Schuler
• Cindy Barrington
• Harry Sullivan
• Richard Royce
• Art Chacon
• Frank Burgess
• Bill Hobbs
• Stuart MacKenzie
• Robert Martinez
5.2. CORRESPONDENCE
Six items of correspondence were received before the meeting, distributed to the City Council, and attached as exhibits to the minutes. One item of correspondence was received in the meeting and was distributed to City Council at their first break.
Regular Meeting Minutes 5/14/2024 Page 3 of 12
5.3. APPOINTMENTS
5.3.1. Revisions to Annual City Council Committee Assignments to Appoint Council Member Happe
Public Comment
• Ajit Desai
• Frank Burgess
• Inge Schuler
• John Hagen
• Richard Royce
• Juanita Diaz
Motion to assign Council Member Flynn to the Riverside County Transportation Committee (RCTC) and the primary representative to the Riverside Transit Agency (RTA).
Motion by Council Member Flynn
Motion by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion failed by a vote of 3-2.
Motion to adopt revised City Council Committee Assignments for the remainder of 2024 with Council Member Happe representing the City on the Riverside County Transportation Committee (RCTC).
Motion by Mayor Sanchez
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-2.
Motion to assign Council Member Flynn to the Riverside Transit Agency (RTA) as the primary delegate.
Motion by Council Member Flynn
No second. Motion failed.
Regular Meeting Minutes 5/14/2024 Page 4 of 12
5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a CalCities event, as well as a Southern California Association of Governments (SCAG) event. She also reported on a Regional Conservation Authority (RCA) meeting.
Mayor Pro Tem Minjares reported that his committees had not yet met this month.
He updated the public on the Desert Task Force and the Animal Shelter Services Ad Hoc Committee.
Council Member Flynn reported on attending the annual CalCities Leadership Summit, a Riverside Transit Agency (RTA) meeting, the SCAG General Assembly meeting in Palm Desert, a Western Riverside Council of Governments (WRCOG) meeting, and a CalCities division meeting.
Council Member Happe reported on a Town Hall Meeting he hosted within his District.
Mayor Sanchez reported on a Town Hall Meeting with Senator Bogh. He reported on the City’s efforts to close the Municipal Airport.
5.5. CITY MANAGER REPORT
City Manager Schulze updated City Council on the Brown Act and its application to in-meeting discussions. He shared a display being used at the coming International Council of Shopping Centers (ICSC) event in Las Vegas.
5.6. CITY ATTORNEY REPORT
City Attorney Young had no report.
5.7. CITY TREASURER REPORT
Treasurer Geronimo reported
Mayor Sanchez announced a recess at was announced at 6:54 p.m. The meeting was reconvened at 7:17 p.m.
6. CONSENT AGENDA
6.1 Approval of the Meeting Minutes for the April 23, 2024 City Council Meetings
6.2 Parks and Recreation Report of Monthly Activities through the 3rd Quarter of Fiscal Year 2023/2024 – March 2024
6.3 Consideration of Resolution 2024-62, Authorizing the City Manager to Approve and Execute Agreements for the Sale of the Banning Electric Utility's Excess Renewable Energy Credits
6.4 Consideration of Resolution 2024-63, Establishing Fiscal Year 2024/2025 Rates for Residential and Commercial Garbage, Recyclable and Organic Waste Collection, Transportation, Recycling and Disposal Services, and Making a Finding of Exemption Under the California Environmental Quality Act
6.5 Consideration of Resolution 2024-64, Approving the Fifth Amendment to the Street Sweeping Services Agreement with Sweeping Corp of America (SCA) Extending the Term through Fiscal Year 2024/2025 and Increasing the Compensation of the Total Agreement Amount by $138,716 for the Extended Term
Regular Meeting Minutes 5/14/2024 Page 5 of 12
6.6 Consideration of Resolution 2024-65, Receiving a Report in Connection with the Proposed Collection on the 2024-25 Riverside County Property Tax Roll of Delinquent Solid Waste Service Charges for Single- Family and Multi-Family Accounts for Calendar Year 2023, Setting a Public Hearing on the Report and Making a Determination of Exemption Under CEQA
6.7 Consider Resolution 2024-66, Approving an Office Lease with Riverside County on Behalf of the Emergency Management Department for Office Space within the Armory Located at 2041 W. Nicolet St. to be used by the Radio Amateur Emergency Service (RACES)
6.8 Consideration of Resolution 2024-67, Approving the Third Amendment for Contract Services (C00698) for Landscape Maintenance Services for Park’s Maintenance with Mariposa Landscapes, Inc. in the not to exceed amount of $139,787.64 for FY 2024/2025 Recommendation: Adopt Resolution 2024-67.
6.9 Consideration of Resolution 2024-68, Approving the Execution of the Low Carbon Transit Operations Program (LCTOP) Three-Year Free Fare Program
6.10 Consideration of Completion of Various Improvements Related to the Atwell Specific Plan Development and Authorization of the 90% Bond Exoneration
6.11 Consideration of Resolution 2024-69, Approving the Funding Agreement Between the City of Banning and the Riverside County Flood Control and Water Conservation District for the Banning Water Canyon Storm Water Percolation Basins Emergency Repair Project No. 5-0-10001
6.12 Consideration of Resolution 2024-70, Approving a Professional Services Agreement with Kimley-Horn for Environmental Services for the Wastewater Treatment Plant Upgrades in an Amount Not-To-Exceed $212,181
6.13 Consideration of Resolution 2024-71, Approving a three (3) year Contract with Option to Extend for Two (2) Additional Years with NHA Advisors, LLC for Municipal Advisory Services that will be funded via task orders per Procurement Policy requirements and approving an initial task order for $100,000 to evaluate and assess financing and other options for the Electric Department
6.14 Consideration of Resolution 2024-72, Approving an Amendment No. 1 to the Professional Services Agreement with Eide Bailly for External Audit Services for Fiscal Year 2022-23 Cost Overruns in the Amount of $145,000 after 20 Percent Discount
6.15 Consideration of Resolution 2024-73, Approving a Consulting Agreement for YearEnd Close and Advisory Services with Eide Bailly for a Not-to-Exceed Total of $75,000 with a Term from Execution through December 31, 2024 Public Comment
• Harry Sullivan
• Frank Burgess
Motion to adopt consent agenda items 6.1 to 6.2, 6.4 to 6.10, and 6.12.
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
Regular Meeting Minutes 5/14/2024 Page 6 of 12
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
6.3. Consideration of Resolution 2024-62, Authorizing the City Manager to Approve and Execute Agreements for the Sale of the Banning Electric Utility's Excess Renewable Energy Credits
Doug Schulze, City Manager, responded to the concerns of a public commenter. Jim Steffens, Deputy Electric Director, responded to City Council questions.
Public Comment
• Frank Burgess
Motion to adopt Resolution 2024-62 and direct the City Clerk to include the City Manager’s written response to public comments in the Meeting Minutes for the May 14, 2024 Regular meeting.
Motion by Council Member Flynn
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
6.11. Consideration of Resolution 2024-69, Approving the Funding Agreement Between the City of Banning and the Riverside County Flood Control and Water Conservation District for the Banning Water Canyon Storm Water Percolation Basins Emergency Repair Project No. 5-0-10001
Art Vela, Director of Public Works, presented the staff report.
Public Comment
• Frank Burgess
Motion to adopt Resolution 2024-69.
Motion by Mayor Pro Tem Minjares
Seconded by Council Member Happe
Regular Meeting Minutes 5/14/2024 Page 7 of 12
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
6.13. Consideration of Resolution 2024-71, Approving a three (3) year Contract with Option to Extend for Two (2) Additional Years with NHA Advisors, LLC for Municipal Advisory Services that will be funded via task orders per Procurement Policy requirements and approving an initial task order for $100,000 to evaluate and assess financing and other options for the Electric Department Lincoln Bogard, Administrative Services Director, presented the staff report, assisted by Art Vela, Director of Public Works, and a representative from NHA Advisors, LLC.
Public Comment
None
Motion to adopt Resolution 2024-71.
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
6.14. Consideration of Resolution 2024-72, Approving an Amendment No. 1 to the Professional Services Agreement with Eide Bailly for External Audit Services for Fiscal Year 2022-23 Cost Overruns in the Amount of $145,000 after 20 Percent Discount
Lincoln Bogard, Administrative Services Director, presented the staff report with assistance from Roger Alfado of Eide Bailly.
Public Comment
• Frank Burgess
• Stuart MacKenzie
Motion to adopt Resolution 2024-72.
Regular Meeting Minutes 5/14/2024 Page 8 of 12
Motion by Mayor Pro Tem Minjares
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
6.15. Consideration of Resolution 2024-73, Approving a Consulting Agreement for YearEnd Close and Advisory Services with Eide Bailly for a Not-to-Exceed Total of $75,000 with a Term from Execution through December 31, 2024 Lincoln Bogard, Administrative Services Director, presented the staff report.
Public Comment
• Stuart MacKenzie
Motion to adopt Resolution 2024-73.
Motion by Mayor Pro Tem Minjares
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-1.
7. PUBLIC HEARING(S)
7.1. Consideration of Resolution 2024-74, Confirming the Levy and Collection of Assessments within the City of Banning’s Landscape Maintenance District No. 1 for Fiscal Year 2024/2025, Pursuant to the Provisions of Part 2 of Division 15 of the California Streets and Highways Code
Art Vela, Director of Public Works, presented the staff report.
Public Comment
• John Hagen
• Frank Burgess
• Jack Gunderson
Motion to adopt Resolution 2024-74.
Regular Meeting Minutes 5/14/2024 Page 9 of 12
Motion by Mayor Sanchez
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
8. REPORTS OF OFFICERS
8.1. Consideration of Resolution 2024-60, Naming the former National Guard Armory Building the Arthur 'Art' L. Welch Community Center
Doug Schulze, City Manager, presented the staff report.
Public Comment
• Frank Burgess
• Juanita Diaz
• Jeff Platt
Motion to adopt Resolution 2024-60.
Motion by Mayor Sanchez
Seconded by Council Member Happe
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion failed by a vote of 3-2.
Motion to table this item and refer to the Parks and Recreation Commission for review, directing them to make a recommendation to the City Council after having conducted public outreach.
Motion by Mayor Pro Tem Minjares
Seconded by Council Member Wallace
Regular Meeting Minutes 5/14/2024 Page 10 of 12
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-1.
Mayor Sanchez announced a recess at 9:17 p.m. The meeting was reconvened at 9:29 p.m.
8.2. Consideration of Resolution 2024-61, Approving a Professional Services Agreement with Integrity Arborist & Ecoscape, Mariposa Landscapes, Inc., and CM Landscapes for Weed Abatement Services
Doug Schulze, City Manager, presented the staff report.
Public Comment
• Frank Burgess
Motion to adopt Resolution 2024-61.
Motion by Mayor Pro Tem Minjares
Seconded by Council Member Happe
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
8.3. Introduction and First Reading of Ordinance 1604, Repealing and Replacing Section 010 through 170 of Chapter 3.24 of the Banning Municipal Code with Section 010 through 150 to adopt City Purchasing Policy vis Resolution as defined in the Purchasing System Ordinance Chapter
Lincoln Bogard, Administrative Services Director, presented the staff report.
Public Comment
• Frank Burgess
Administrative City Clerk Patton read the ordinance by title only.
Motion to introduce and waive further reading of Ordinance 1604, amending the definitions under Section 3.24.030 and adding a sentence to Section
3.24.040.
Regular Meeting Minutes 5/14/2024 Page 11 of 12
Motion by Council Member Flynn
No second. The motion fails.
Motion to introduce and waive further reading of Ordinance 1604, adding a sentence to the end of Section 3.24.040, stating, “The City Manager shall inform the City Council in writing in the event authorization is given to a designee.”
Motion by Mayor Sanchez
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
Motion to continue the meeting past 10:00 p.m.
Motion by Council Member Wallace
Seconded by Council Member Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
8.4. Consideration of Amending the City of Banning Municipal Code Requirements for Cannabis Businesses
Emery Papp, Senior Planner, presented the staff report.
Public Comment
• Wanda Lucero
• John Hagen
• Frank Burgess
• Lynetta Hagen
• Jack Gunderson
• Janet Kinzie Hawver
9. DISCUSSION ITEM(S)
None
Regular Meeting Minutes 5/14/2024 Page 12 of 12
10. ITEMS FOR FUTURE AGENDAS
10.1. New Items
10.2. Pending Items:
1. Grow Banning (Sanchez)
2. Neighborhood Groups/Identities (Minjares)
3. Update on Community Garden (Flynn)
4. Zencity Contract (Flynn)
5. Cannabis Ordinance/Moratorium (Flynn)
6. Zoom Options for Public Meetings (Flynn)
7. Animal Shelter Services Future/Reconsideration of ARE Contract (Happe)
11. ADJOURNMENT
Motion to adjourn.
Motion by Mayor Pro Tem Minjares
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
The meeting was adjourned at 11:08 p.m.
Minutes Prepared by:
Caroline Patton, Administrative City Clerk
These minutes have been prepared as Action Minutes in accordance with City Council Resolution 1995-21 and Government Code Sections 36814, 40801, and 54953(c)(2).
This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 ATTACHMENTS:
Exhibit A – Public Comments Received
Exhibit B – City Manager Doug Schulze’s Response to Public Comment Exhibit C – Proclamations
Exhibit D – Agenda Item 8.4: Staff Presentation
1 From: Jonathan Garay
Sent: Saturday, May 4, 2024 4:14 PM
To: Jeffrey Platt; [email protected]; [email protected]; Alberto Sanchez; cityclerks; David Happe
Subject: Homeless Encampments Near School in West Banning Good afternoon everyone,
I am writing as a concerned citizen, a resident of City of Banning District 4.
Near the intersection of Wilson St. and Apex St. there is a church named Highland Springs Fellowship which also offers pre-school services to young children.
My concern is that in the field right behind this church is a homeless encampment with at least two individuals that I have noticed on my drive to and from home. These individuals have been camped out there for a few months already. Only recently was I provided with the information needed on who to contact so that these individuals may receive the help they need for shelter.
Additionally, across the street from this church is a lot of land that has a brick fence around the perimeter with a heavy duty steel gate. This is next to a pumping station maintained by City of Banning. It appears that someone may have broken through the gate and another encampment may have popped up in there as well. I am unsure of this one, but I believe it should at least be looked into as there are signs of what could be a homeless encampment there.
Below is a screenshot of the two areas of concern.
I would appreciate it if someone could look into this matter and get these individuals the help that they need.
Thank you for your time,
Jonathan Garay
Exhibit A
2 1
From: Pat Savage < >
Sent: Monday, May 13, 2024 8:55 PM
To: cityclerks; Alberto Sanchez; Rick Minjares; Sheri Flynn; Colleen Wallace; David Happe; Doug Schulze
Subject: RCTA Responsibilities
Dear Banning City Council, Mayor Sanchez, Banning City Manager:
While I cannot attend the May 14 City Council meeting due to a previous commitment, I would like to voice a concern re: Agenda item 5.3.
Per the Banning Manual of Procedural Guidelines, memberships in non-city Boards, Committees, Groups, etc. should be staffed with City Council representation with the goal of keeping the appointee in the organization for a long enough period of time that the appointee may gain seniority and/or a position of leadership within the organization.
City Council representative Sheri Flynn has accomplished just that. She has been placed on two subcommittees of the RCTC (Riverside County Transportation Commission). This is commendable and important, considering two large road projects in Banning are in District 3.
In fact, even though others, including Mr. Sanchez, have either been possibly invited to be appointed to such a board, or nominated themselves. These others have YET TO ATTEND ANY RCTA MEETING. I fail to see why replacement of Sheri is even considered. Perhaps it is to try to ensure no inquiries could be made by Ms. Flynn into other possible failures of City Government? I am very happy to see that Sheri has remained on the RCTC Board. At least she represents the citizens of Banning and has done so on this committee since January of 2023. I am also very happy she is our District 3 City Council person. She should also remain on the Riverside Transit Agency, for all the same reasons.
I haven’t yet but may submit this letter to the Record Gazette. Depends on what happens, folks.
Please include this letter in the official minutes of the City Council Meeting.
Patrick H. Savage, Resident of District 3 & Voter
5772 Indian Canyon Dr.
Banning, CA 92220
1 From: sue savage
Sent: Monday, May 13, 2024 8:53 PM
To: Alberto Sanchez; Rick Minjares; Sheri Flynn; Colleen Wallace; David Happe; Doug Schulze; cityclerks
Subject: Councilwoman Flynn's Committee Assignments
Dear Esteemed Mayor Sanchez and City Council Members,
As a resident of Banning, I have heard many times “What this city really needs is a Costco”.
Really? Or does this city really need a Banning City Council Member on the RCTC commission? If you ever played the game, Sim City – you know it is IMPERATIVE to build roads. If you don’t build roads, people won’t move in. If people don’t move to your city, you won’t have small businesses. If you don’t have small business, you won’t have commerce from the surrounding area. Banning is a little city of 30,000 people. Even worse, Banning got smaller in the last census dropping to 29,505 people in the 2020 census, down from 29,603 in the 2010 census.
Banning need Roads! Can Banning grow without Roads? How do we get Roads? How do we get exits off the freeway? The only way Banning gets roads is through Riverside County Transportation Commission (RCTC). WE NEED a Banning City Council Member going to each and every RCTC meeting. The Council Member should be someone RCTC already knows, like Sheri Flynn who has already been a RCTC member. Could the Mayor assign Sheri Flynn to RCTC to get Banning growing? Councilwoman Flynn has recently been assigned to two very important sub-committees by RCTC. We need Sheri Flynn to help Banning grow bigger, not shrink like the last census. Currently, Banning District 3 has two very important possible road projects. One project is the nightmare interchange at Highland Springs and the second road project is the Sun Lakes Blvd. Extension. There is interest in these projects at our local level, at the county level and at the state level. Banning City Council should be highly involved while outside interests remain high. Please, for the sake of all Banning Residents, keep Sheri Flynn on RCTC and get our city working on new roads and then new growth for our wonderful Banning.
Could the Mayor keep Councilwoman Flynn on the very important Budget and Finance committee which she co-chairs now? Her seniority is sorely needed covering the recent Banning Utilities Deficit of 42 million over the last five years. She has attended every Finance meeting for over a year and a half and should continue on behalf of all Banning citizens.
Additionally, Councilwoman Flynn is the alternate for the Riverside Transit Agency another crucial committee to help Banning grow. Please keep Ms. Flynn going to these meetings.
Thank you for your service to the City of Banning. We know we can count on you to keep Councilwoman Flynn working hard for our city.
Please include this letter in the the official minutes of City Council Meeting.
Regards,
Sue Savage, Member District 3.
5772 Indian Canyon Dr
2 Banning CA 92220
Sue Savage
1 From: Dorrie Gartzke < >
Sent: Monday, May 13, 2024 11:50 PM
To: cityclerks; Alberto Sanchez; [email protected]; Sheri Flynn; Colleen Wallace; David Happe; Doug Schulze
Subject: Resolution 2024-62
May 13, 2024
Resolution 2024-62 authorizing the city manager to approve and execute agreements for the sale of the electric utility’s excess renewable energy credits.
After reading this resolution, I have the following questions:
The Banning Municipal Electric Utility has their renewable portfolio standard regulatory requirements, but if the city of Banning should experience an unforeseen major event requiring an amount of energy that exceeds the standard regulatory requirements (i.e. major earthquake); Does this resolution have a clearly defined level of excess renewable energy credits that must always be available and cannot be sold? What is the exact level of excess renewable energy credits that can never be touched?
If the city manager is given the power to transact sales to accommodate the needs of the REC brokers and dealers, is he also being given the power to transact non-broker/dealer REC sales, and is the City Council no longer involved in this process? Who provides the oversight to this process and who provides the checks and balances that ensure accuracy, timely reporting, and transparency remain part of the process? I am not a strong supporter of putting total decision making power into the hands of one individual when other options are available.
Additionally, before adoption of this Resolution, a clearer understanding of the accounting line item under which the monies received from each sale will be recognized would be appropriate and a statement of how the funds might be used could be beneficial.
Please include these comments in the official council minutes of 5-14-24.
Respectfully submitted by
Dorrie Gartzke
6029 Spanish Trail Cove
Banning, CA 92220
1 From:
Sent: Tuesday, May 14, 2024 3:19 PM
To: cityclerks
Subject: Agenda Item 8.4
Dear City Clerk,
I have the following comments regarding the discussion about the Banning Municipal Code requirements for cannabis business. I am opposed to any expansion of permitting cannabis businesses, whether number of shops or locations. I find it disturbing that the Community Development Department cannot attract more mainstream businesses like Winco, Smart and Final Plus, or Home Goods.
Susan Savolainen
Banning Resident
AOPA
your freedom to f;y
-- . ·• . . -----·- ------.
RECEIVED
MAY 1 4 2024
City of Banning
Cl Clerk's Office
Seeking State Proclamation or Legislative Resolution to Commemorate The National Celebration of GA Flyover in Washington, D.C.
Powered by AOPA on its BSthAnniversary
Oven,iew
The Aircraft Owners and Pilots Association (AOPA) is planning and organizing the first-ever "National Celebration of GA Flyover" in Washington, D.C.,over the National Mall on May 11, 2024.This aviation spectacle will highlight and commemorate the vast contributions of general aviation (GA) to America's communities since 1939.
The DC Flyover will showcase approximately 60 aircraft from the Golden Age of Aviation up to the present, including every chapter in GA's storied history: the post-war boom, trainer aircraft, vertical flight, backcountry, seaplanes, corporate and public service flying, homebuilt and light Sport aircraft, and airshows. It will also highlight the technological advancements in general aviation, including the development of more efficient, safer, and sustainable aircraft.
Please help us commemorate this event by celebrating the vast benefits that General Aviation has brought to your state. We have provided specific bullets below for inclusion in your state proclamation or resolution.
We ask that this Proclamation or Resolution be completed and delivered to AOPA no later than April 2024 so we may recognize each state that helped us celebrate this event.
Thank you,
Mike Ginter
Vice President, Airports and State Advocacy
Aircraft Owners & Pilots Association
p: (202) 509-9670 I c: (703) 656-6977
a: 601 Pennsylvania Ave NW, Suite 250, Washington, DC 20004 www.aopa.org
Whereas:ln 1939, several significant events took place to usher in a new era of General Aviation that would solidify its important place in our American society, including:
• The American general aviation industry transitioned from the "Golden Age" to full mobilization for World War II, during which the airplane changed from a slow, wood-and-fabric biplane to a fast, sleek, all-metal monoplane.
• President Franklin D. Roosevelt signed the Civilian Pilot Training Act, which provided a needed boost to general aviation by providing pilot training to 20,000 college students each year.At the peak of the Civilian Pilot Training Program, 1,132 educational institutions and 1,460 flight schools participated in the program.
• President Roosevelt also established National Aviation Day in 1939 to celebrate Orville Wright's birthday.
• The Aircraft Owners and Pilots Associationwas founded to protect the freedom to fly while keeping general aviation safe, fun, and affordable. Today, AOPA is thelargest and most trusted resource for all things related to general aviation.
Whereas: Today, the U.S. general aviation industry is composed of more than 200,000 aircraft, safely flies over 26 million flight hours,and registers 30 million safe takeoffs and landings per year.
Whereas:General Aviationcontributes over $247 billion in economic impact and supports 1.2 million jobs across the country, and often serves as a vital lifeline for communities through missions of disaster relief, humanitarian aid, law enforcement, and agricultural support.
Whereas: Over 650,000 registered pilots in the United States access more than 5,100 public use airports and another 14,000 privately owned airfields, more than any other country in the world. These pilots and airports connect communities across America with the National Air Transportation system.
Whereas:General aviation is safe! What's more, it's safer than it ever has been, and trending even safer.
General Aviation safety performance over the last several decades is impressive - the fatal accident rate (our traditional measuring stick) has dropped to 0.73 per 100,000 flight hours, a historic record. That's less than half of what it was in the mid-'90s.
Whereas: Over the last 85 years, our citizens have marveled at the continual technological advancements in generalaviation which have improved our lives, enabled access to communities across the country,created hundreds of billions of dollars in economic impact and growth, and propelled the U.S. asthe world leader in general aviation.
-=--t Whereas: People travel from around the world to access the exceptional training and the freedom in this country to fly General Aviation aircraft. Foreign governments send their most critical pilots here for training to fly their most precious dignitaries and train for careers in the airlines.
Whereas: Americans Orville and Wilbur Wright first harnessed powered flight at Kill Devil Hills, North Carolina, and Charles Lindbergh became the most famous person the world had ever known when he departed U.S. soil in an American-built aircraft to cross the Atlantic, providing a deep source of American pride and identity.
Whereas: The State of Californiais home to over 64,000 licensed pilots, has over 25,000 registered aircraft, and 214 general aviation airports and 27 commercial airports.
Whereas: General Aviation accounts for 4 out of every 5 aircraft operations in the state, contributes to almost $32 billion in economic activity, and supports over 145,000 aviation jobs inCalifornia.
Whereas:California's 241 public-use airports arepotential staging areas for emergencyresponse activities, including Search and Rescue and firefighting agencies, which relyon aircraft to transport personnel, equipmentand supplies, and reconnaissance efforts.
Whereas, In California, U.S. Forest Service, Fire andAviation Management coordinates 9 FederalFirefighting Airtanker Bases, 3 Airtanker ReloadBases and 20 Helibases for rapid response during dangerous fire seasons.
Now, therefore, we be it resolved that theNational Celebration of GA Flyover in Washington, D.C., presents a tremendous opportunity to seize the public imagination, reflect our ability to safely achieve innovative technological advancements, and be a defining moment in remembering the past, present, and future significance of general aviation in the United States.May 2024 is therefore a fitting time to commemorate in an extraordinary way the last 85 years in general aviation.
May 12, 2024
RECEIVED
MAY 1 4 2024
City of Banning
City Clerk's Office
To be read into the official record of the 5/14/24 City Council meeting of 5/14/2024 and included in the minutes of the meeting and to be passed out to all City council Members, the City Manager, and the City Attorney.
Good Evening,
With all due respect, I have some concerns about Item 9.1 - Discussion of Council Policy Regarding Extension of Meetings and Disparaging Remarks Made by Members of the City Council being placed back on this next agenda again that many may or may not be aware of.
My Concerns/Corrections to the Staff report provided by Doug Schultze:
1. Public comment section- By law (Government Code 54954.3) and as stated in the Banning Manual of Procedural Guidelines (BMPG) ALL cities must provide for a 3 minute public comment section on non-agenda items during council meetings. This does not involve the Brown Act.
2. The request for speaker cards has been tried before and they do not improve efficiency or save time. They cannot be required, take up more time to collect and organise, and people can still speak without using them so what is the advantage if it does not save time and could potentially alienate the public?
3. Decorum and Order- Article X- It is more likely that entities will be discouraged from investing in Banning by the publicity of our missing 36 million dollars from the Utility funds over the last 5 years, the negative publicity generated by the boondoggle of ARE and by the City Manager to oversee and enforce the contract, along with the many successful lawsuits filed against the city than some obscure comment made at a city council meeting or on Facebook.
4. Our own BMPG uses the term "derogatory" which is a stronger word than "disparaging" that includes in its definition racist, sexist, homophobic, anti-semitic, etc. remarks that are meant to insult. NO Cities that I can find, including Palm Springs, have a policy where they FINE council members for "disparaging" or derogatory remarks. Who will be doing the policing of what constitutes free speech and vigorous debate versus "derogatory remarks"? A slippery slope that we should not want to go down.
5. No correlation between the number of items on an agenda and the length of the meeting? So a meeting with 5 items will be expected to be as long as a meeting with 25? Defies logic. The fact of the matter is that the City Manager needs to better manage the length and content of the agenda. That would go a long way to not having 9 hour meetings that go past midnight. The requirement of a unanimous vote for an extension to continue the meeting for every hour past 10 PM and for each subsequent ho_ur is a prudent and long held practice enacted at least since 1997 with the passing of Resolution No. 1997-33, (10 Pm curfew, unanimous vote required), again in Resolution No. 2010-38 (10 PM to 9 PM curfew- unanimous vote), and again in Resolution 2016-44 (changed back to 10PM curfew, again unanimous vote required)) that seems to have served us well for the past 27 years. The Council have had, or would have had, 4 of the last meetings going well past midnight if we did not have that Council control in place. No member of the public or the Council should be forced to continue past 10 or 11 PM or even to 12AM or lose their right to speak and participate in a public meeting. Some people have health problems, child care issues, or have to take care of pets and should not be expected to stay past 1 O PM especially when the "discussion items" are left for dead last.
6. The discussion items are usually the ones that the public is most interested in.
These items need to be moved to the beginning of the meeting and possibly the consent items moved to the end of the meeting.
BELOW ARE THE LONGSTANDING SAFEGUARDS PUT IN PLACE BY THIS CITY
AND MOST OTHER MUNICIPALITIES USING PARLIAMENTARIAN RULES THAT
ADDRESS THE ISSUE OF VIOLATING THE DECORUM AND ORDER OF CITY COUNCIL MEETINGS.
Two avenues are already available to address such possible violations and are spelled out in the BMPG (page 28- 30):
1. 10. 5-CENSURE OF LEGISLATIVE BODY MEMBERS.
2. 10.7-EXERCISING PERSONAL PRIVILEGE
10.5 Censure of Legislative Body Members
(a) It shall be a violation of this section for any sitting member of a Legislative Body to violate any general law or regulation, and any rule, law, ordinance, or resolution of the City of Banning. It shall also be a violation of this section for any sitting member of a Legislative Body to violate an administrative policy of the City which has been adopted following a vote of the Legislative Body or the City Council on the matter and which by its terms is expressly made applicable to the Legislative Body. (b) Any violation of the foregoing paragraph by a Legislative Body member may be punished through the administration of a public censure of the member by the member's Legislative Body. Such censure may be in addition to any other punishment applicable to the violation. For purposes of this section, "censure" shall mean the adoption of a motion setting forth a statement of disapproval of a Legislative Body member's conduct. (c) When evaluating a request for defence made by the censured member in litigation arising from the censured conduct, the record of the censure shall be considered by the Legislative Body. Such a record shall not be determinative. Failure of the Legislative Body to censure the conduct of a member does not constitute waiver of the Body's right to refuse to defend the member in an action. (d) A Legislative Body member may not be made the subject of a motion for censure without first being given notice of the violation and an opportunity to correct the violation if it can reasonably be corrected. Upon a continued violation or failure to correct, the charged member shall be given notice and an opportunity to be heard as follows:
(i) Only a sitting member of the Legislative Body whose member commits the violation may initiate proceedings for the censure of one of its members.
(ii) Proceedings shall be commenced by the presentation of a written statement of charges to the subject Legislative Body member with a copy delivered concurrently to the Clerk/Secretary by the member initiating the charge. Initiation shall not require the prior approval of the Legislative Body. The statement of charges shall be given at least ten days prior to the meeting at which the censure motion is proposed to be brought. The notice shall contain, at a minimum, the designation of the specific rule, law regulation, etc. which the member is claimed to have violated and a statement of the date, place, and time at which the violation occurred. The statement shall further contain a description of the conduct of the member which is alleged to constitute the violation.
The statement of charges shall be delivered to all other Legislative Body persons.
(iii) Within seven (7) days after delivery of the statement of charges, the charged member should deliver a written response to the other members of the Legislative Body unless the charged member chooses to defer to response to the hearing.
(e) The motion for censure shall be agendized and considered at the first regular meeting occurring 10 days following the delivery of the statement of changes to the member and Clerk/Secretary. The hearing may not be continued except upon the absence from the meeting of a member of the Legislative Body other than the member bringing the charge or the member who is the subject of the charge.
(i) The hearing shall be conducted in an open session by the PresidingOfficer unless the Presiding Officer is a party to the action, in which case the Vice Chair or some other member shall conduct the proceedings. (ii) The hearing shall generally proceed by a reading of the charges by the charging member. The charging member may present witnesses; the charged member may answer in rebuttal; members of the public may speak in favor or opposed to the charge; and the remaining members may speak to the charges in that order.
(iii) Passage of the motion for censure shall require a majority vote of the members of the Legislative Body. The voting members shall not go into closed session for deliberation.
(f) If the motion for censure does not pass the proceedings shall be at an end. A new motion for censure on the same grounds of violation may not thereafter be commenced against the same Legislative Body member for a period of 1 calendar year from date of the vote. However, new proceedings may be commenced on the same charges within the 1-year period on the vote of 4 members of the Legislative Body.
(g) If the motion for censure does pass, such motion shall become a part of the public record a copy of which shall be made available upon demand to any member of the public and notice of same shall be placed in the administrative file of the Legislative Body member.
10.7 Personal Privilege (page 30):
If a Legislative Body member is personally offended by the remarks of another member, the offended Legislative Body member should make notes of the actual words used and call for a"point of personal privilege" that challenges the other member to justify or apologise for the language used. The Presiding Officer will maintain control of this discussion. The right of a member to address the Legislative Body on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned, or impugned.
THESE ARE REMEDIES THAT SHOULD BE USED FIRST RATHER THAN THE MONETARY FINING OF MEMBERS. WE MUST USE THESE LONGSTANDING RULES FIRST (they are rarely employed) before any other punitive measures are put in place.
I sincerely hope that the Council will seriously consider the information I have provided them concerning the issues contained in your agenda item 9.1 from the 3/27/24 meeting of the City Council and the corrections to misinformation contained in the staff report along with the avenues already in place to address such issues contained in the BMPG and Roberts Rules of Order that I have included here. Let's strive to be a city above reproach and follow our own rules, resolutions, and ordinances.
Sincerely,
Cindy Barrington
RECEIVED
MAY 1 4 2024
To our local, county, state, and federal elected representative , we ~rOftt@lf\!Jtqving fi r your consideration: c, Clerk's Office
Our thoughts regarding the future of Banning and the discussions regarding the use of vacant land for warehouse/distribution center development.
In 10 years, the bottom is going to drop on the need for warehouse distribution centers here in the Inland Empire due to "over saturation" and excess vacant buildings. The city of Banning does not want nor can afford to be stuck with 5 - 8 million square feet of concrete that no one needs or can possibly use. With no buyers or leasers, the city will be forced to convert the land back to housing it was originally planned for in the1980's.
Much is said that Banning needs jobs and business to provide good paying jobs for our youth and young adults. Well, we hate to disappoint you that warehouse/distribution jobs are not the answer. Within 5 years of the warehouse being built there will be minimal human staff. The automation for fulfillment - sorting, filing, packaging, and loading - will all be done by robots. Additionally, any job offered will not be a career job.
Graduates want career-oriented work. Something that will give them a purpose and structure to support a family. We as a city can do better.
Banning was founded as a small town and a bedroom community. light industrial and commercial developed along the 1-10 corridor, The town developed around downtown and northward. South of Lincoln Avenue became a rural area with very low to moderate density housing/property. Banning North of Ramsey is strictly residential with low to medium housing. Ramsey and Lincoln streets are the commercial and light industrial areas that define the city and those which people traveling along 1-10 see. They don't see the beautiful rural and small town that is Banning. Consequently, they only stop to gas up, grab a quick meal, and move on.
The state has mandated that cities provide a percentage of available land to "affordable" housing. Banning has plenty of available land, it just needs to have a better vision on how to use it and be in compliance with state mandates.
Additionally with the increase of housing and people moving from the IE and Coachella Valley for better weather, cleaner air, and affordable housing we will need more or a better medical facilities to serve the residents. Many of which currently have to travel to Moreno Valley, San Bernardino, Redlands, Palm Springs or further. Here is where Banning can become a major facilitator to aid the San Gorgonio Medical Hospital and it's new Stroke Center, which is a few months away from full certification.
Encourage health partners UHC/Optum, Kaiser Permanente, and/or Loma Linda to build a state-of-the-art health/medical facility in Banning. UCH/Optum is located across four buildings in the cities of Banning and Beaumont, Loma Linda is located in one facility, as far as we know, and Kaiser Permanente is not within 20 miles of the Pass area. We need doctors, nurses, technicians, and other medical personnel in the San Gorgonio Pass. How can we get this if we don't have the proper facilities. Banning has the land, they just need to vision and the drive to encourage the medical provider to invest here.
As the 55+ communities of Altus, Four Seasons, and Sun Lakes draw more 'Boomers' and 'Millennials', health care access is going to be and already is a major concern and need. Banning and the Pass in general must look beyond the NOW and focus on the future.
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Timothy
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Hanratty
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4806 W. Glenn Abbey Way
Banning, CA 92220
H: 951-797-3061
C: 951-330-9194 or 909-568-8888
CITY OF BANNING
OFFICE OF THE MAYOR
totlammtton
WHEREAS, the State of California is home to more than 4.2 million small businesses - more than any other state; and,
WHEREAS, California 's small businesses account for over 99% of total businesses in the state and employ more than 7 million people, nearly half of the state's private sector workforce; and, WHEREAS, small businesses are the backbone of our economy, and we must work to ensure that our city grows not only from the top down, but also from the bottom up and the middle out; and, WHEREAS, small businesses are constantly adapting to an evolving marketplace, integrating technology at higher rates than ever before, and developing innovative ways to connect with clients; and,
WHEREAS, now, more than ever, supporting small businesses means we are also supporting the livelihoods and ongoing success of our neighbors; and, WHEREAS, locally in Banning, California, 95 percent of our businesses are small businesses with 50 or fewer employees, who provide jobs, services, and amenities to our community. The City of Banning offers assistance to small businesses through programs in the Economic Development Division, and also recognizes that small business assistance is a partnership with our affiliated organizations; and,
WHEREAS, the City of Banning takes this opportunity to highlight the impact of outstanding entrepreneurs and small business owners, and recognizes that Small Business Month is a time for us to celebrate the successes of small business and to thank our small business owners and employees for their contributions to our City, our economy, and our nation.
NOW THEREFORE, I, Alberto Sanchez, Mayor of the City of Banning, do hereby proclaim the month of May 2024 as
Small Business Month
BE IT PROCLAIMED this 14th day of May, 2024.
Alberto Sanchez, Mayor
Exhibit B
CITY OF BANNING
OFFICE OF THE MAYOR
totlamatton
WHEREAS, the National League of Cities was founded in 1924 in Lawrence, Kansas, as the American Municipal Association by state municipal leagues seeking more coordination and national representation as cities, towns, and villages expanded rapidly; WHEREAS, the nonpartisan National League of Cities is the oldest and largest organization representing municipal governments throughout the United States, representing the interests of more than 19,000 cities, towns, and villages across the country; WHEREAS, loday the National League of Cities works in partnership with 49 state municipal leagues across the country to strengthen local leadership, drive innovation, and influence the federal policies that impact local programs and operations; WHEREAS, as the voice of cities, towns, and villages in Washington, DC, the National League of Cities has successfully championed federal legislative solutions that support municipalities and has worked closely with Congress and the Executive Branch to educate policymakers on the realities of local implementation;
WHEREAS, local governments are the bedrock o_fAmerican democracy, providing 336 million residents with the most accountable, responsive, inclusive, ethical, and transparent government in the world;
WHEREAS, .from the nation 's smallest villages to its largest cities, America's local governments have been essential in transforming the United States o_f America into the greatest, most influential nalion in world history;
WHEREAS, the City of Banning was first incorporated in 1913 and is proudly served today by an elected City Council consisting of 5 members and a municipal workforce of[#} dedicated public servants;
NOW THEREFORE, 1, Alberto Sanchez, Mayor o_f the City o_f Banning, do hereby proclaim the month o_fMay 2024 as
National Cities, Towns, and Villages Month
BE IT PROCLAIMED this 14th day of May, 2024.
Alberto Sanchez, Mayor
CITY OF BANNING
OFFICE OF THE MAYOR
totlammtton
WHEREAS, the City of Banning is committed to recognizing that our growth and strength depends on the safety and essential role our homes, buildings and infrastructure play, both in everyday life and when disasters strike, and;
WHEREAS, our confidence in the resilience of these buildings that make up our community is achieved through the devotion of vigilant guardians- building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers, plumbers and others in the construction industr~who work year-round to ensure the safe construction of buildings, and; WHEREAS, these guardians are dedicated members of the International Code Council, a nonprofit that brings together local, state, territorial, tribal andfederal officials who are experts in the built environment to create and implement the highest-quality codes to protect us in the buildings where we live, learn, work and play, and;
WHEREAS, these modern building codes include safeguards to protect the public .from hazards such as hurricanes, snowstorms, tornadoes, wild/and fires, floods and earthquakes, and; WHEREAS, now, more than ever, supporting small businesses means we are also supporting the livelihoods and ongoing success of our neighbors; and,
WHEREAS, Building Safety Month is sponsored by the International Code Council to remind the public about the critical role of our communities' largely unknown protectors of public safet~ our local code officials- who assure us of safe, sustainable and affordable buildings that are essential to our prosperity, and;
WHEREAS, each year, in observance of Building Safety Month, people all over the world are asked to consider the commitment to improve building safety, resilience and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property.
NOW THEREFORE, I, Alberto Sanchez, Mayor of the City of Banning, do hereby proclaim the month of May 2024 as
Building Safety Month
BE IT PROCLAIMED this 14th day of May, 2024.
Alberto Sanchez, Mayor
CITY OF BANNING
OFFICE OF THE MAYOR
totlamatton
WHEREAS, National Water Safety Month is an annual awareness campaign coordinated by the Pool & Hot Tub Alliance with support from the American Red Cross, National Drowning Prevention Alliance, National Recreation and Park Association, and the World Waterpark Association; and
WHEREAS, Citizens of Banning recognize the vital role that swimming and aquatic related activities can play in good physical and mental health and enhancing the quality of life/or all people; and
WHEREAS, the City of Banning offers diverse swimming activities through the Repplier Aquatic Center during the annual Summer season beginning Memorial Day Weekend; and
WHEREAS, the City of Banning is committed to improving the safety and security of all those living in and visiting our community; and
WHEREAS, the City of Banning offers five 2-week sessions of swim lesson classes during the 2024 Summer aquatic season for all ages.from infants to adults.
NOW THEREFORE, the City Council ofthe City of Banning do hereby proclaim and designate May, 2024, as
National Water Safety Month
BE IT PROCLAIMED this 14th day of May 2024.
Alberto Sanchez, Mayor
CITY OF BANNING
OFFICE OF THE MAYOR
totlaimatton
WHEREAS, May 18, 2024, is the fourteenth Kids to Parks Day organized and launched by the National Park Trust held annually on the third Saturday of May; and WHEREAS, Kids to Parks Day empowers kids and encourages families to get outdoors and visit America's parks, public lands and waters; and WHEREAS, Kids to Parks Day will broaden children's appreciation for nature and outdoors; and
WHEREAS, we should encourage children to lead a more active lifestyle to combat issues of childhood obesity, diabetes, hypertension and hypercholesterolemia; and WHEREAS, the City of Banning continues to offer diverse outdoor programming in our parks and throughout Southern California thanks to our Outdoor Equity Programming grant; and
WHEREAS, the Parks and Recreation Department will be hosting its Annual Family Fun Color Run on Saturday, May 18, 2024, at Gilman Ranch in Banning.
NOW THEREFORE, the City Council of the City of Banning do hereby proclaim and designate the May 18, 2024, as KIDS TO PARKS DAY and urge all citizens to visit Banning Parks and Gilman Ranch on Saturday, May 18, 2024, and throughout the year.
Kids to Parks Day
May 18, 2024
in the City of Banning and encourage the
citizens of our community to join us in this
special observance.
BE IT PROCLAIMED this 1 th day of May, 2024.
1 From: Doug Schulze
Sent: Tuesday, May 14, 2024 7:39 PM
To: Alberto Sanchez; Rick Minjares; Sheri Flynn; David Happe; Colleen Wallace Cc: Caroline Patton
Subject: FW: Resolution 2024-62
Attachments: image001.jpg
Doug Schulze, ICMA-CM
City Manager
City Manager’s Office
City of Banning
Direct Line: 951-922-3104
[email protected]
99 E. Ramsey Street
Banning, CA 92220
www.banningca.gov
From: Dorrie Gartzke
Sent: Tuesday, May 14, 2024 4:35 PM
To: Doug Schulze <[email protected]>
Subject: Re: Resolution 2024-62
Thank you Mr. Schulze. A direct and timely response goes far in establishing trust and confidence in the staff of the city of Banning.
Dorrie Gartzke
Dorrie Gartzke
On Tue, May 14, 2024, 4:21 PM Doug Schulze <[email protected]> wrote:
Dear Banning Resident,
I have received your email regarding Resolution 2024-62 authorizing the sale of electric utility renewable energy credits (RECs). I will be responding to your questions during the meeting this evening, but also want to provide you with a written response. Renewable Energy Credits are not specifically tied to the total amount of energy purchased or sold by the City, but are credits the City receives when we purchase renewable energy rather than non-renewable energy. RECs are most importantly tied to compliance with State of California regulations requiring electric utilities to meet targets moving us away from carbon emissions. For our current compliance period, our regulatory requirement is approximately 230,000 RECs. We have 510,013 RECs available, which is enough to cover both compliance period 4 and compliance period 5. Each year we add approximately 130,000 additional RECs so we have a surplus.
Exhibit C
2 I have inserted responses to your questions below in red text. I hope my response provides some clarity on this matter, but feel free to contact me, if not.
Doug Schulze, ICMA-CM
City Manager
City Manager’s Office
City of Banning
Direct Line: 951-922-3104
[email protected]
99 E. Ramsey Street
Banning, CA 92220
www.banningca.gov
m m m m V
From: Dorrie Gartzke
Sent: Monday, May 13, 2024 11:50 PM
To: cityclerks <[email protected]>; Alberto Sanchez <[email protected]>; [email protected]; Sheri Flynn <[email protected]>; Colleen Wallace <[email protected]>; David Happe <[email protected]>; Doug Schulze <[email protected]> Subject: Resolution 2024-62
May 13, 2024
Resolution 2024-62 authorizing the city manager to approve and execute agreements for the sale of the electric utility’s excess renewable energy credits.
After reading this resolution, I have the following questions:
The Banning Municipal Electric Utility has their renewable portfolio standard regulatory requirements, but if the city of Banning should experience an unforeseen major event requiring an amount of energy that exceeds the standard regulatory requirements (i.e. major earthquake); 3 If we had an earthquake or major disaster, power would likely go down in some parts or all of Banning and we would sell less electricity resulting in a lower regulatory requirement. Again, as I’ve pointed out above, RECs are regulatory compliance measures rather than actual electric power supply. Does this resolution have a clearly defined level of excess renewable energy credits that must always be available and cannot be sold? What is the exact level of excess renewable energy credits that can never be touched? We have a Power Resource Manager who’s job is to keep a detailed record of how many RECs we have and how many we will be needing in the future. He would not put out a request for bids unless he knows for sure the RECs would not be needed to meet regulatory compliance targets. As noted above, we have a large surplus of RECs for the current compliance period as well as the next compliance period and add to that surplus each year.
If the city manager is given the power to transact sales to accommodate the needs of the REC brokers and dealers, is he also being given the power to transact non-broker/dealer REC sales, and is the City Council no longer involved in this process? This is correct. This situation is standard amongst publicly owned utilities. Right now, Banning is one of the very few publicly owned utilities that needs city council approval to sell excess RECs. Who provides the oversight to this process and who provides the checks and balances that ensure accuracy, timely reporting, and transparency remain part of the process? As with any purchase or sale, we have checks and balances in place that involve multiple City personnel. In the case of REC sales, the first step is the Power Resource Manager would make a recommendation to the Deputy Director of the Electric Utility. The Public Works Director would then make a recommendation to the City Manager who would either approve or deny the sale. In addition, once a sale is approved, there would be a public bid process to ensure the most favorable price is received. I am not a strong supporter of putting total decision making power into the hands of one individual when other options are available. A decision to sell RECs would require unanimous approval all individuals noted.
Additionally, before adoption of this Resolution, a clearer understanding of the accounting line item under which the monies received from each sale will be recognized would be appropriate and a statement of how the funds might be used could be beneficial. The revenues from each sale are recorded in the account “Miscellaneous Revenue – REC Sales.” In the future, the money will be used to help fund the operations of the electric utility. Currently, the money is being used to reduce the electric utility’s cash deficit. Our entire accounting system is available for any member of the public to view through our financial transparency module on the City website.
Please include these comments in the official council minutes of 5-14-24. 4 Respectfully submitted by
Dorrie Gartzke
6029 Spanish Trail Cove
Banning, CA 92220
BANNING CITY COUNCIL
AGENDA ITEM NO. 8.4
MAY 14, 2024
CONSIDERATION OF AMENDMENTS TO THE CITY OF BANNING MUNICIPAL CODE REQUIREMENTS FOR CANNABIS BUSINESSES.
BACKGROUND:
In 2016, the City of Banning adopted the first of many Ordinances allowing for the establishment of legal cannabis operations in the City with the intent of increasing revenues to help balance the budget.
The following Ordinances have been adopted:
• 1505 – 12/12/2016
• 1506 – 03/14/2017
• 1523 – 07/10/2018
• 1524 – 07/10/2018
• 1527 – 12/11/2018 (Measure N)
• 1528 – 12/11/2018 (Measure O)
• 1531 – 11/13/2018
• 1532 – 11/13/2018
• 1538 – 01/18/2019
• 1539 – 12/11/2018
• 1542 – 04/23/2019
• 1565 – 07/14/2020
• 1577 – 09/28/2021
Exhibit D
BACKGROUND (Cont.):
In 2017, a CannabisAd Hoc Committee of the City Council was formed to advise staff as the City was working to legalize the sale and use of recreational cannabis.The CannabisAd Hoc Committee last met onApril 18, 2023 to discuss the possibility of raising the limit on the number of retail dispensaries allowed to operate in the city, and if increased, how should applications be processed?
Current City Council members assigned to the CannabisAd Hoc Committee are:
• Alberto Sanchez
• Rick Minjares
BACKGROUND (Cont.):
Cannabis businesses are required to adhere to state law and licensing through the California Department of Cannabis Control in concert with City of Banning processing and approvals subject to the Ordinances codified in the BMC.
The total number of cannabis businesses currently operating in the City is not at the volume the City had originally anticipated to generate revenues.To date, the following type of applications have been approved:
• Three cannabis retailers
• Two indoor cultivation facilities
• One manufacturing and distribution facility
• Two requests for indoor cultivation facilities were denied • Staff routinely receives inquiries for additional retailer licenses Justification:
At the request of the City Council, staff has prepared this presentation to solicit input and feedback from the City Council to determine whether or not further amendments to the BMC are required to fully address the needs and wants of Banning citizens, business owners, and the desires of the City Council.
The process of soliciting this information is imperative to demonstrate:
• Awareness and transparency of any further proposed cannabis related amendments • Concerns of the public have been heard
• Steps are undertaken to incorporate said concerns into the BMC • Additional opportunities for public input and participation are provided.
Topics for Consideration:
Staff seeks guidance from the City Council in the following key areas:
• Number of Retail Cannabis Locations
• Potential Increase in Number of Retail Cannabis Establishments • Indoor Cultivation and Manufacturing Facilities
• Cannabis Microbusiness Establishments
• DesignGuidelines and Development Standards
Topics for Consideration:
Staff seeks guidance from the City Council in the following key areas:
Number of Retail Cannabis Locations
Pursuant to the BMC, a ratio of 1 retail establishment is permitted for each 10,000 Banning residents. Under this ratio, the City currently has the maximum allowable number of cannabis dispensaries open to the public.
Should the City consider changing this ratio?
Should the City place a numerical cap on the number of permitted retail dispensaries? In placing a cap other than the current ratio formula, what metric(s) should be considered? Topics for Consideration:
Staff seeks guidance from the City Council in the following key areas:
Potential Increase in Number of Retail Cannabis Establishments Retail Cannabis dispensaries are currently only permitted in the HSC zone.Should the City Council desire to increase the number of retail establishments, should the City:
Allow retail cannabis businesses to locate in other commercial zones? Continue to implement the current lottery format to consider new retail establishments? Evaluate new applications on a firstǦcome first servedǦbasis? Evaluate new applications on a meritǦbased system?
Increase/decrease the 1,000Ǧfoot separation requirement? Specify the distance requirement as property line to property line; door to door; “as the crow flies,” along an accessible path of travel (around physical barriers)? Revisit the 200Ǧfoot separation requirement from residential uses? Topics for Consideration:
Staff seeks guidance from the City Council in the following key areas:
Indoor Cultivation and Manufacturing Facilities
Cultivation and Manufacturing uses are currently permitted only in the BP or I zones.A cultivation facility was recently denied by the City Council due to concerns over proximity to residential uses, development standards/neighborhood fit, and odor concerns.Resulting from this denial, should the City implement:
A residential separation (setback) from Industrial cannabis businesses?If yes, by what metric(s) shall this separation be determined?
Limitations on height for new construction in proximity of residential uses?What metric(s)? Addition of physical barriers to buffer Industrial cannabis businesses from residential uses? Require certified air handling/HVAC engineers to prepare odor control plans? Topics for Consideration:
Staff seeks guidance from the City Council in the following key areas:
Cannabis Microbusiness Establishments
Cultivation and Manufacturing uses are currently permitted only in the BP or I zones.Applications for Microbusinesses require at least 3 of 4 specified activities to qualify, which include: retail; cultivation; distribution; or manufacturing.To date, no microbusiness applications have been received. Should the City consider:
Continuing the requirement of meeting “at least” 3 of the 4 specified activities? Allowing microbusinesses in the HSC orGC zones?
A physical separation from other cannabis businesses, residential uses, and other sensitive uses if allowed within the HSC orGC zones?
Topics for Consideration:
Staff seeks guidance from the City Council in the following key areas:
Design Guidelines
In consideration of other uses surrounding cannabis businesses, should the City consider ADDITIONAL design guidelines and/or development standards to aid in buffering cannabis businesses from other uses?Should the City implement:
Increased physical separation barriers such as walls and fences; heavy landscaping; berming; or a combination thereof.
Set distance separations from other types of cannabis businesses and sensitive uses, and define how that distance is measured?
Building form and height of new construction when adjacent to residential properties and other sensitive uses.
A requirement for certified air handling and exhaust filtration experts to prepare an odor control plan to prevent odors, to the extent possible, from emanating from the place of business.
Fiscal Impact
The costs associated with preparing a future Ordinance and implementing a Zoning Text Amendment is minimal.
Estimated costs for City Attorney time is approximately $5,000 to $12,500, and costs for staff time is approximately $7,500 to $15,000 in support costs
Recommendation
That the City Council review the materials provided in the staff report, review the excerpts from the Banning Municipal Code (BMC) provided as attachments to the staff report, consider public testimony and deliberation of the City Council members, and provide direction to staff if amendments to the BMC are desired.
Thank you!
Staff isAvailable for Questions
Contact Information
Emery J. Papp
Senior Planner
[email protected]
Adam B. Rush
Community Development Director
[email protected]