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 6/25/2024
CITY COUNCIL REGULAR MEETING
COUNCIL MEMBERS PRESENT: Council Member Sheri Flynn
Council Member David Happe
Mayor Pro Tem Minjares
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
Laurie Sampson, Assistant City Manager/Acting City Clerk Serita Young, City Attorney
Art Vela, Director of Public Works
Lincoln Bogard, Administrative Services Director
Nate Smith, Deputy Director of Public Works
Ralph Wright, Parks and Recreation Director
Emery Papp, Senior Planner
1. CALL TO ORDER
Mayor Sanchez called the regular meeting to order at 5:46 p.m.
1.1. Invocation – Reverend Preston Norman of Praise Tabernacle Church led the invocation.
1.2. 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.
Motion by Council Member Wallace
Regular Meeting Minutes 6/25/2024 Page 2 of 14
Seconded by Council Member Flynn
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
None
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:
• Inge Schuler
• Lynnea Hagen
• Bill Hobbs
• Jack Gunderson
• Frances Rodriguez
• Stuart MacKenzie
• Cindy Barrington
5.2. CORRESPONDENCE
None
5.3. APPOINTMENTS
None
5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a California League of Cities (CalCities) Transportation, Communication, and Public Works Committee meeting related to broadband. She also shared about a recent Juneteenth event she attended.
Mayor Pro Tem Minjares reported on a Cannabis Ad Hoc Committee meeting as well as the Animal Services Ad Hoc Committee.
Council Member Flynn reported on a Western Riverside Council of Governments (WRCOG) General Assembly address and meeting she attended at Pechanga Resort Casino.
Regular Meeting Minutes 6/25/2024 Page 3 of 14
Council Member Happe reported on a Riverside County Transportation Commission (RCTC) meeting he attended.
Mayor Sanchez reported on a meeting of the Cannabis Ad Hoc Committee.
5.5. CITY MANAGER REPORT
City Manager Schulze reported on the City’s upcoming Fourth of July event. He also updated the City Council on the sale of the 33 S. San Gorgonio Avenue property as well as the status of the Exclusive Negotiating Agreement (ENA) with Investel Development LLC related to the property at 150 E. Ramsey Street.
5.6. CITY ATTORNEY REPORT
City Attorney Young had no report.
5.7. CITY TREASURER REPORT
See below.
6. CONSENT AGENDA
6.1 Approval of the Meeting Minutes for the June 11, 2024 City Council Meetings
6.2 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of May 2024
6.3 Receive and File Cash and Investments Report for the Month of May 2024
6.4 Receipts, Disbursements, & Fund Balances Reporting for Fiscal Year 2023-24, Period 11, May 2024
6.5 Receive and File Police Department Statistics for the Month of May 2024
6.6 Receive and File Fire Protection Services Statistics for the Month of May 2024
6.7 Public Works Capital Improvement Project Tracking List
6.8 Receive and File Code Enforcement Update and Statistics for the Months of April & May 2024
6.9 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports
6.10 City Council Travel and Conference Expense Report Year to Date May 31, 2024
6.11 Consideration of Resolution 2024-95, Consolidated Approval of Software-as-aService Projects Utilized Citywide
6.12 Consideration of Resolution 2024-96, Approving Towing Services Agreements Used for the Police Department and Code Enforcement Services
6.13 Consideration of Resolution 2024-97, Adopting the Local Hazard Mitigation Plan (LHMP) as required by the Federal Disaster Mitigation and Cost Reduction Act of 2000
6.14 Consideration of Resolution 2024-98, Adopting Regulations for Candidates for Elective Office Pertaining to the Electorate and the Costs Thereof for the General Municipal Election to be Held in the City on Tuesday, November 5, 2024
6.15 Consideration of Resolution 2024-99, Approving Amendment No. 1 to the Services Agreement with Yunex, LLC., in the Amount of $25,000 for FY 2024/2025 Citywide Traffic Signal Maintenance Services
6.16 Consideration of Resolution 2024-100, Awarding a Professional Services Agreement for Supervisory Control and Data Acquisition System Maintenance and Advisory Services to Tetra Tech, Inc. in the amount of $205,000
Regular Meeting Minutes 6/25/2024 Page 4 of 14
6.17 Consideration of Resolution 2024-101, Approving the Use of the Public Utility Exceptions for Informal Procurements Under Article 2, Section 3-105, Note 7 of the City's Purchasing Policy No. B-30, for Fiscal Year 2024- 25 for the Purchase of Certain Supplies, Materials and Equipment for the City's Public Utility Departments
6.18 Consideration of Resolution 2024-102, Approving a Cooperative Agreement Between the City of Banning, the City of Beaumont, and the County of Riverside to Share the Cost of a Fire Engine Company
6.19 Consideration of Resolution 2024-103, Awarding a Professional Services Agreement to Engineering Solutions Services, Inc. for Grants Services
6.20 Consideration of Resolution 2024- 104, Amendment No. 4 to a Professional Services Agreement (C00608) with Willdan Engineering, Inc. for Building and Safety Plan Check and Plans Examination Services; Landscape Design Plan Check and Plans Examination Services; and Building Permit and Landscape Installation Inspection Services
6.21 Consideration of Resolution 2024-111, Adopting the Banning Active Transportation Plan (ATP)
Public Comment
None
Motion to adopt consent agenda items 6.1 to 6.10, 6.12 to 6.13, 6.15 to 6.16, and
6.21. 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.
6.11 Consideration of Resolution 2024-95, Consolidated Approval of Software-as-aService Projects Utilized Citywide Lincoln Bogard, Administrative Services Director, answered questions from City Council related to the staff report.
Public Comment
None
Motion to adopt Resolution 2024-95.
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
Regular Meeting Minutes 6/25/2024 Page 5 of 14
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 2024-98, Adopting Regulations for Candidates for Elective Office Pertaining to the Electorate and the Costs Thereof for the General Municipal Election to be Held in the City on Tuesday, November 5, 2024 Laurie Sampson, Assistant City Manager, answered questions of City Council related to the staff report.
Public Comment
None
Motion to adopt Resolution 2024-98.
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.
6.17 Consideration of Resolution 2024-101, Approving the Use of the Public Utility Exceptions for Informal Procurements Under Article 2, Section 3-105, Note 7 of the City's Purchasing Policy No. B-30, for Fiscal Year 2024-25 for the Purchase of Certain Supplies, Materials and Equipment for the City's Public Utility Departments Art Vela, Director of Public Works, answered questions from City Council related to the staff report.
Public Comment
• Cindy Barrington
Motion to adopt Resolution 2024-101.
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
Regular Meeting Minutes 6/25/2024 Page 6 of 14
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.
6.18 Consideration of Resolution 2024-102, Approving a Cooperative Agreement Between the City of Banning, the City of Beaumont, and the County of Riverside to Share the Cost of a Fire Engine Company
Doug Schulze, City Manager, answered questions from City Council related to the staff report.
Public Comment
None
Motion to adopt Resolution 2024-102.
Motion by Council Member Happe
Seconded by Council Member Flynn
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.
6.19 Consideration of Resolution 2024-103, Awarding a Professional Services Agreement to Engineering Solutions Services, Inc. for Grants Services Doug Schulze, City Manager, answered questions from City Council related to the staff report.
Public Comment
None
Motion to adopt Resolution 2024-103.
Motion by Mayor Pro Tem Minjares
Seconded by Council Member Flynn
Regular Meeting Minutes 6/25/2024 Page 7 of 14
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.
6.20 Consideration of Resolution 2024-104, Amendment No. 4 to a Professional Services Agreement (C00608) with Willdan Engineering, Inc. for Building and Safety Plan Check and Plans Examination Services; Landscape Design Plan Check and Plans Examination Services; and Building Permit and Landscape Installation Inspection Services
Emery Papp, Senior Planner, answered questions from City Council related to the staff report.
Public Comment
None
Motion to adopt Resolution 2024-104.
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.
7. PUBLIC HEARING(S)
7.1 Public Hearing and Consideration of Resolution 2024-105, Approving a Report in Connection with the Proposed Collection on the 2024/2025 Riverside County Property Tax Roll of Delinquent Solid Waste Service Charges for Single-Family and Multi-Family Dwelling Accounts and Making a Determination of Exemption under CEQA
Art Vela, Director of Public Works, presented the staff report.
Public Comments
• Cindy Barrington
• Harry Sullivan
• Richard Royce
• Frank Connolly
Regular Meeting Minutes 6/25/2024 Page 8 of 14
Motion to adopt Resolution 2024-105.
Motion by Mayor Pro Tem Minjares
Seconded by Mayor Sanchez
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 7:18 p.m. The meeting was reconvened at 7:38 p.m.
5.7. CITY TREASURER REPORT
Treasurer Geronimo reported on the recent Budget and Finance Committee meeting.
He said the Committee would not meet in July or August and the meetings would resume in September.
7.2 Public Hearing and Consideration of Resolution 2024-106, Adopting the City of Banning Electric Utility 2024 Wildfire Mitigation Plan
Brandon Robinson, Electrical Engineering Supervisor, presented the staff report.
Public Comments
• Kevin Walton (not in support or opposition)
Motion to adopt Resolution 2024-106.
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.
7.3 Consideration of Zoning Text Amendment (ZTA 24-0050) and First Reading of Ordinance 1605, Amending Table 17.08.020 of Section 17.08.020 of Article I of Chapter 17.08 of Division II of Title 17 of the City of Banning Municipal Code to Clarify that Affordable Housing Uses are Permitted by Right and are not Subject to Discretionary Action in Specified Zoning Districts as Required by State Law; and Making a Determination of Exemption from the California Environmental Quality Act Regular Meeting Minutes 6/25/2024 Page 9 of 14
Emery Papp, Senior Planner, presented the staff report.
Public Comments
• Richard Royce spoke in opposition.
Motion to introduce and waive further reading of Ordinance 1605.
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 approved by a vote of 3-2.
7.4 Consideration of Resolution 2024-112, Making a Determination Under State CEQA Guidelines Sections 15070 Through 15074 That the Project Is Not Exempt From Review Under CEQA and an Initial Study and Mitigated Negative Declaration (EA 23-1506) for the Project Has Been Prepared in Consideration of a General Plan Amendment (GPA 23-2502), Changing the Existing Land Use Designation of Parcel Number 540-180-022 From General Commercial (GC) to Industrial (I); Zone Change (ZC 23-3502), Amending the Zoning District Classification of Parcel Number 540- 180- 022 From General Commercial (GC) to Industrial (I); Tentative Parcel Map (TPM 38659) to Consolidate Three Parcels Into One; And Design Review (DR 23- 7008), a Proposal to Allow for the New Construction and Operation of a Steel Distribution Facility With a 42,510 Square-foot Warehouse Building of Which 3,434 Square Feet Is Designated for Office Space on 14.92 Gross Acres of Land Located on the North Side of West Lincoln Street Between South 8th Street and South 16th Street (APN Nos. 540-180-020, 540-180-022 and 540-180-026) Emery Papp, Senior Planner, presented the staff report.
Kelly Ribuffo appeared on behalf of the applicant.
Public Comments
• Frank Connolly spoke in support.
Kelly Ribuffo again spoke on behalf of the applicant.
Motion to adopt Resolution 2024-112 with: (1) modification to COA No. 6 as presented by staff, (2) adding a COA requiring box tree sizes along the project frontage subject to approval by City’s landscape consultant, (3) modification to COA No. 126 to require City inspections of BMPs at developer’s cost every 3 years, and (4) adding a COA requiring developer to work with staff to Regular Meeting Minutes 6/25/2024 Page 10 of 14
determine whether undulation can be added to frontage wall along Lincoln every 50’.
Motion by Council Member Wallace
Seconded by Mayor Sanchez
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.
8. REPORTS OF OFFICERS
8.1 Consider Pledging $50,000 per Year to Blue Zones Activate Banning Beginning 7/1/2025 for a Period of Three (3) Years
Doug Schulze, City Manager, presented the staff report.
Public Comments
None
Motion to pledge $50,000 per year to Blue Zones Activate Banning beginning 7/1/2025 for a period of three (3) years.
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.
8.2 Consideration of Resolution 2024-107, Naming the former National Guard Armory Building the Arthur 'Art' L. Welch Community Center
Ralph Wright, Parks and Recreation Director, presented the staff report.
Public Comments
• Kevin Walton
Motion to adopt Resolution 2024-107.
Regular Meeting Minutes 6/25/2024 Page 11 of 14
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 4-1.
8.3 Consideration of Resolution 2024-108, Awarding a Contract for Landscape Operation and Maintenance for Landscape Maintenance District (LMD) No. 1 with Mariposa Landscapes, Inc. of Irwindale, California for Fiscal Year 2024/2025 in the Amount of “not to exceed” $93,211.26 and discuss budget constraints within the LMD No. 1
Nate Smith, Deputy Director of Public Works, presented the staff report.
Public Comments
None
Motion to adopt Resolution 2024-108.
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.
Motion to continue the meeting past 10:00 p.m. for one hour.
Motion by Mayor Pro Tem Minjares
Motion withdrawn.
Motion to continue the meeting past 10:00 p.m. to hear Agenda Item 8.4 only and table Agenda Item 9.1 to the next regular meeting.
Motion by Council Member Flynn
Motion withdrawn.
Motion to continue the meeting past 10:00 p.m. for one hour.
Regular Meeting Minutes 6/25/2024 Page 12 of 14
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.
8.4 Consideration of Resolutions 2024-109, 2024-110, 2024-04 SA, and 2024-05 UA, Approving the Citywide Biennial Fiscal Year 2024- 25 and Fiscal Year 2025-26 Budgets
Lincoln Bogard, Administrative Services Director, presented the staff report.
Public Comments
None
Motion to adopt Resolutions 2024-109, 2024-110, 2024-04 SA, and 2024-05 UA.
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.
9. DISCUSSION ITEM(S)
9.1 Discussion Regarding the Lowering of the Banning Financing Authority’s Outstanding Electric System Revenue Bond Rating and Consideration of an Interim Electric Rate Adjustment
Art Vela, Director of Public Works, presented the staff report.
Public Comments
None
10. ITEMS FOR FUTURE AGENDAS
10.1. New Items
1. Plot Map for Warehouses in the City - Current and Planned Locations (Flynn) Regular Meeting Minutes 6/25/2024 Page 13 of 14
10.2. Pending Items:
1. Grow Banning (Sanchez)
2. Neighborhood Groups/Identities (Minjares)
3. Update on Community Garden (Flynn)
4. Zencity Contract (Flynn)
5. Zoom Options for Public Meetings (Flynn)
6. Update on 150 E Ramsey Street Exclusive Negotiation Agreement (Flynn)
7. Update on 33 S San Gorgonio Ave Purchase and Sale Agreement (Flynn)
8. Developer Presentation on Sunset Crossroads Project (Flynn)
9. City Manager Evaluation (Flynn)
10. Closed Session: Information Given to the Council on Lawsuit against the City (Flynn)
11. All Active Lawsuits against the City (Flynn)
11. ADJOURNMENT
Motion to adjourn.
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.
The meeting was adjourned at 11:00 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 Comment Received
Exhibit B – Agenda Item 7.2 – Staff Presentation
Exhibit C – Agenda Item 7.3 - Staff Presentation
Exhibit D – Agenda Item 7.4 – Staff Presentation
Regular Meeting Minutes 6/25/2024 Page 14 of 14
Exhibit E – Agenda Item 8.3 – Staff Presentation
JUNE 25, 2024
BANNING ANIMAL SHELTER
RECEIVED
.llJN 25 2024
City of Banning
City Clerk's Office
Blast from Joan Marie Patsky, Beaumont, CA - all rights whatsoever strictly reserved.
This is a pleading on behalf of the Banning Animal Shelter, California serving the San Gorgonio Pass (SGPA) area that the shelter remain open to the public after June 30, 2024. The shelter's No-Kill policy of sheltering abandoned and surrendered cats and dogs until the animals are adopted is a massive step forward in both humane animal care for any shelter nationwide as well as raising the national conscience to respect life!
Of course there are exceptions to the policy due to pet health deterioration. Circumstances of irreversible aggressive animal behavior from cruel abuse are addressed by the proper legal authority.
After learning of the shelter closure possibility, I had a lengthy onsite visit and discussion with Amber Schlieder of the shelter's No-Kill, A.R.E. Rescue & Adoption Service - her eyes shine with love for the animals under her care.
Amber's contact info is: www.arerescue.org
Can you imagine what the animals want the public to know? Let's listen in at how the imaginary kennel boss disciplines the pet kennel population. "Hear ye, Hear ye, ears up and listening carefully. We know that our shelter is in a flood zone but there does not appear to be imminent danger of flooding unless we learn the city council has approved construction of a pet ark.
Nevertheless, keep hoping for a generous grant to fund a state of the art safe No-Kill pet shelter to serve the local community.
Remember, we must put our best paws forward and quickly prepare for adoptive pet parents. All cats are hereby ordered to visit a litterbox of their choice - be sure to clean your paws as the shelter volunteers have just cleaned the floors. For you canines - so sorry there are no doggy litter boxes, but you canines have to do the best you can with the supplies generously contributed by the kind people who care for our welfare.
Exhibit A
Any constipated felines or canines, please raise your paw - we will try our best to assist you with a leash and collar walking exercise by some kind volunteer high school student who may be registered in an academic credit community volunteer program or some other nice volunteer - maybe from a community rehab program.
Please do not lose faith in people, my friends - some of you canines or felines may witness a pre-election candidate forum where you can woof or meow approval of any political candidate you deem to be fit for office, but be cautioned as some of the candidates may be tall tale story tellers - so watch carefully for candidate noses that grow longer the longer the candidate talks and be especially alert for any judicial candidates - they can exercise judicial power that can uphold or twist the respected laws of the United States Constitution. You cats and dogs with artistic paws - be sure to draw pitchforks or broomsticks on any candidates pretending to love America.
Many veterans and military families made deep sacrifices to preserve a government of the people, by the people and for the people - just look at the Veterans of Foreign Wars calendar respecting significant historical June commemorations - Post-9/11 GI Bill signed into Law (2008); Juneteenth {Federal Holiday approved 2021); Flag Day (1949 Congress); Pledge of Allegiance (Congress 1942); D-Day honoring Normandy Allied superhero bravery- a victory for God and Mankind (1944) and worthy of deep perpetual respect on any American calendar.
It's important to respect the Military, law and order, and preserve America as one nation under God, - we don't want the Creator mad enough to tilt the earth's axis - that would be a terrible waste of dog biscuits, scholarships and bible studies with a bible in one hand and a reputable bible dictionary in the other - we want to keep that Christian convert who repented from crack drug addict to legitimate businessperson here on planet earth - some scoffers scoff the convert as believing in Christian fairy tales - can you believe such ignorance! Not I, and that's my prayer as a Saint Bernard begging people to understand that we want to live in a home of love and kindness." Attend the Banning City Council Special Meeting at City Hall on behalf of the Banning Animal Shelter -Tuesday, June 25, 4pm if you can.
If you can - Adopt with Care! Adopt with Love! Adopt for Life! It's very good to live in a land where you have a choice to pin this political beatitude on Jesus believed to have baptized the message with holy water! www.arerescue.com
CITY OF BANNING
ELECTRIC UTILITY
WILDFIRE MITIGATION PLAN
2024 Update
CPUC Fire Threat
Map
• 2016: SB 1028 signed,
requiring POU’s to identify and
mitigate wildfires where OH
lines pose a significant risk
• 2018: Statewide Fire Threat
Map created (pictured)
• Tier 1: Low or No Risk – 95%
• Tier 2: Elevated Risk – 3%
• Tier 3: Extreme Risk – 2%
Exhibit B
Requirements of WMP
SB 1028
1) Accounting of Responsibilities
2) Objectives of the Plan
3) Description of preventive strategies and programs adopted 4) Description of metrics to evaluate performance
5) Discussion on application of previous metrics
6) Monitoring, audit, identification of deficiencies, inspections 7) Other info for Wildfire Safety Advisory Board (WSAB) Requirements of WMP
AB 1054
• “Construct , maintain, and operate in a manner to reduce wildfire risk” • Develop means to mitigate impacts and potential damage California Wildfire Safety Advisory
Board (WSAB)
WSAB Role 2020-2024
• Assume an independent advisory (not regulatory) role
• Advise CPUC of safety and mitigation performance
• Assess safety culture of POU
• Objective: Evaluate WMP and provide an advisory opinion for future plan WSAB Role 2025 and beyond
• Collaborative approach to improve POU reporting
• POU and Joint Association (CMUA, SCPPA, etc) participation in workshops BEU WMP Objectives
• Protect public safety while continuing to provide reliable and sustainable power • Reduction of BEU infrastructure risk potential
• Harden system against wildfires
• Coordination with emergency management personnel
• Reduce wildfire impacts on customers
• Communicate how to prevent, prepare and mitigate
• Evaluation and monitoring year-round due to dry conditions Safety Risks – Cause of Outages
1. Equipment deterioration or failure
2. Vegetation
3. Vehicle damage
4. Weather
5. Vandalism
6. Animal contact
7. Mylar balloons
Wildfires caused by BEU power lines: 0
Current Mitigation Efforts
Mitigation efforts completed/started during this plan period:
• Vegetation management (clearing) around 164 utility poles • Completed UG conversion on Westward Ave in East Banning • Completed design for line hardening in two Tier 2 areas • Continued annual inspection in HFTZ
• Began design for Sun Lakes Blvd line hardening
Action Plan for Tier 3 Areas
Location Fire Threat Tier Electric Assets Risk Description Targeted Action/s Timeframe Banning Canyon 3 12.47kv OH distribution - 3
miles
Single-circuit overhead line
feeds 8 water distribution
wells needed for fresh
water and fire protection
Joint project with SCE to
harden the line which will
include covered
conductor, avian
protection, fire-retardant
wrap at base of poles, and
12.47kV recloser near base
of the canyon.
Construction schedule is
currently unknown.
Coordination with SCE on
shared cost will be
required. Due to budget
constraints, construction
activity will fall into BEU’s
10-yr Capital Improvement
Plan to be completed
during FY 24/25. Additional
information will be
provided in a future WMP
update.
Mias Canyon 3 BEU provides OH 12.47kv
and 7.2kv through Mias
Canyon to 14 SCE
customers
No disconnect device
(recloser) exists to
disconnect power to SCE
customers in case of fire
emergency.
Operating procedures with
SCE have not been
established. Coordination
prior to construction will be
required.
Install temporary in-line
stick operated
disconnects.
Develop engineering
estimate for line upgrade
and reclosers
Increase monitoring and
limit fuels
Design is currently
complete. Application for
grant funding thru FEMA is
complete and awaiting
decision on award. Grant
funding thru Prepare CA
match has been
approved as of November
2022. Construction to
begin after award of FEMA
grant funds, tentatively
scheduled to begin FY
24/25.
Action Plan for Tier 2 Areas
Location Fire Threat Tier Electric Assets Risk Description Targeted Action/s Timeframe South of the I-10 Freeway
between Sunset Avenue
and South Highland Home
Road
2 BEU provides OH 34.5kV for
sub-transmission voltage to
Midway Substation,
12.47kv and 7.2kv for
supplemental service to a
housing tract and
municipal water facilities
Water wells and pump
stations within this Tier 2
area are directly affected
by loss of power along this
pole line
Joint project with City of
Banning Public Works and
current developer to
harden/underground the
facilities as part of the new
Sun Lakes Blvd extension
between Sunset Avenue
and Highland Home Road
Development agreement
is being pursued thru the
City for funding of this
project. This project will be
incorporated within BEU
upcoming 10-year Capital
Improvement Program.
East Banning, North of I-10
Freeway
2 BEU provides OH 12.47kv
and 7.2kv along the
boundary of North
Hathaway Street
Service to large industrial
facilities is affected by loss
of power along this pole
line.
Joint project with an
aggregate processing
industrial user to harden a
pole line due to a required
relocation and joint
projects with several large
warehouse developments
to and underground
facilities along Hathaway
Steet, Nicolet Street and
Wilson Street.
Design for the pole
hardening project is
currently complete.
Coordination with the
industrial user has
commenced and is
scheduled to be
completed during FY
24/25. Undergrounding of
overhead utilities will be
coordinated in phases with
the large industrial
developers. The effort is
expected to last several
years and is tentatively
scheduled to begin FY
25/26.
Public Safety Power Shutoff (PSPS)
Justifications for de-energization
• CAL Fire or request by safety officers
• De-energization due to an imminent fire threat
Typical Weather-related Red Flag Warnings
• Wind gusts exceeding 25 mph: public advisory
• Wind gusts exceeding 50 mph: potential PSPS event
Future Updates
• Grid hardening and other engineering practices
• Update vegetation management program
• Weather monitoring
• PSPS protocols
• Collaboration on a simplified template
Action and Next Steps
• Approve 2024 WMP and submit to WSAB
• Coordinate with safety personnel on best practices
• Apply for new grants
• Evaluate of de-energization and reclosing policy in Tier 3 areas • Improve performance metrics
Thank You
Contact Information
Brandon Robinson
[email protected]
CITY COUNCIL
PUBLIC HEARING ITEM NO. 7.3
JUNE 25, 2024
A Zoning Text Amendment (ZTA 24-0050) Amending Table 17.08.020 of Section
17.08.020 of Article I of Chapter 17.08 of Division II of Title 17 of the City of Banning Municipal Code to Clarify that Affordable Housing Uses are Permitted by Right and Are Not Subject to Discretionary Action in Specified Zoning Districts as Required by State Law; and Making a Determination of Exemption from the California Environmental Quality Act.
BACKGROUND:
The City Council readopted the revised 6th Cycle Housing Element on January 9, 2024.
The Housing Element was transmitted to HCD for Certification review on February 1, 2024.
On March 14, 2024, Ordinance 1600 was transmitted to HCD prior to the conclusion of Certification Review.
On March 29, 2024, HCD sent a letter to City staff indicating that the Housing Element complied with State Housing Element Law, but Ordinance 1600 did not fully comply with housing law.
Specifically, HCD took exception to footnote number 7, in Table 17.08.020 of Ordinance 1600.
Staff worked directly with HCD staff to craft language that can be endorsed by HCD to garner Certification.
The Planning Commission recommended approval of the ZTA when it adopted PC Reso 2024-11 on May 29, 2024.
Exhibit C
Justification:
The Housing Element is one of the seven State-mandated elements of the General Plan and must be updated every 8 years, unless otherwise mandated by California Government Code Section 65581. The purpose of the Housing Element is to develop comprehensive strategies for providing safe, decent, and affordable housing within the community across all income levels.
The 6th Cycle Housing Element Update was readopted by the City Council on January 9, 2024, but was not certified by HCD. To be considered for Certification, the proposed Zoning Text Amendments contained in Draft Ordinance 16xx are integral to implementing state housing law and to achieve Certification.
Until the 6th Cycle Housing Element is Certified by HCD, the City is not eligible to compete for federal, state, or local grant money. If deemed by HCD to have a noncompliant Housing Element, the City can lose the ability to receive Community Development Block Grants and other other negative incentives/sanctions can be imposed on the City.
Proposed Zoning Text Amendments:
1. Amended Table 17.08.020, relocating “Affordable Housing” to below “Multi-Family Residential Dwelling” Proposed Zoning Text Amendments(Cont.):
2. Amended footnote number 7 for Table 17.08.020, rewording, adding key phrase “or discretionary action,” and adding in the density range for the Very High Density Residential zoning district at the request of HCD, to read as follows:
Public Communication
Public Notice was Published in the
Record Gazette on May 17, 2024 for
the May 29, 2024 Planning Commission
Meeting; and again on June 11, 2024
for this public hearing.
No comments were received opposed
to or for the project.
Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the Project is exempt from the California Environmental Quality Act (CEQA) subject to Section 15061(b)(3), because it can be seen with certainty there is no possibility these amendments may have a significant effect on the environment. Subject to Section 15061(b)(3) (Review For Exemptions) of the CEQA Guidelines, no further analysis is required and a Notice of Exemption has been prepared for the Project.
Recommendation
Make a Determination of Exemption from the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the CEQA Guidelines; and
Adopt Ordinance 1605, Amending Title 17 (Zoning) of the Banning Municipal Code, amending Chapter 17.08 (Residential Districts) of Division II (Land Use Districts) of Title 17 (Zoning) of the BMC to implement State mandated legislation regarding affordable housing opportunities related to multi-family, high-and very high density residential development.
Thank you!
Staff is Available for Questions
Contact Information
Emery J. Papp
Senior Planner
[email protected]
CITY COUNCIL
PUBLIC HEARING ITEM NO. 7.4
JUNE 25, 2024
CONSIDERATION of Resolution 2024-112, Making a determination under state CEQA Guidelines Sections 15070 through 15074 that the Project is not exempt from review under CEQA and an initial study and Mitigated Negative Declaration (EA 23-1506) for the project has been prepared in consideration of a General Plan Amendment (GPA 23-2502), changing the existing Land Use designation of parcel number 540-180-022 from General Commercial (GC) to Industrial (I); Zone Change (ZC 23-3502), amending the zoning district classification of parcel number 540- 180-022 from General Commercial (GC) to Industrial (I); Tentative Parcel Map (TPM 38659) to consolidate three parcels into one; and Design Review (DR 23-7008), a proposal to allow for the new construction and operation of a steel distribution facility with a 42,510 square-foot warehouse building of which 3,434 square feet is designated for office space on 14.92 gross acres of land located on the north side of West Lincoln Street between South 8th Street and South 16th Street (APN Nos. 540-180-020, 540-180-022 and 540-180-026).
Background
Brown Strauss is a structural steel distributor with 10 locations in the Western United States. This project will be a move from an existing facility in Fontana, CA to Banning, and will require the approval of the following:
EA 23-1506 – Mitigated Negative Declaration
GPA 23-2502 – Change Land Use on one Parcel from GC to I ZC 23-3502 - Change Zoning Designation on one parcel from GC to I TPM 38659 – To consolidate three parcels into one parcel DR 23-7008 – To construct and operate a new industrial building Parking Reduction
Exhibit D
Proposed General Plan/Zoning Classifications
SURROUNDING LAND USE:
Existing Land Use Zoning Classification GP Designation
Subject Site Vacant General Commercial
/Industrial
General Commercial
/Industrial
North UP/I-10 Right-of-Way Public Facilities –
Railroad/Interstate
Public Facilities –
Railroad/Interstate
South Vacant Land and
Unoccupied/
Nonconforming
Residential
Business Park Business Park
East Existing Industrial
Buildings
Industrial Industrial
West Vacant Commercial General Commercial General Commercial Site Photos:
PROJECT DESCRIPTION:
14.92-acre Project site 42,510 square-foot industrial warehouse building 3,434 square-foot office building
Two 500 square-foot enclosed saw sheds
4 new 35-foot wide paved driveways
53 parking spaces required, 34 provided (Parking adjustment requested) Architecture and Landscaping
o All sides of the building are designed with articulated architecture o The proposed building height is approximately 36’ 4”, 50 feet is permitted in the zone o 64,504 square feet of landscaping is proposed along the frontage, the east and the west property lines. No landscaping is proposed on the north end of the properties.
SITE PLAN:
TPM 38659
FLOOR PLAN:
OFFICE FLOOR PLAN:
ELEVATIONS:
SCREENING WALL ELEVATIONS:
RENDERINGS:
CONCEPTUAL GRADING PLAN:
CONCEPTUAL LANDSCAPING:
CONCEPTUAL PHOTOMETRIC PLAN:
PARKING AND ACCESS
53 parking spaces required, 34 provided. Applicant requested adjustment 4 new City-standard driveway entrances from Lincoln Street 8-foot high block screening walls for storage areas, 8-foot high tubular steel security fence
24-foot wide Fire Lane for emergency vehicle access and response AMENDED CONDITION of APPROVAL:
At the Planning Commission hearing held May 29, 2024, the Applicant requested a modification of COA No. 6. The Planning Commission granted the amended Condition, but the amendment is not reflected in the COA provided as an attachment to the staff report. As a result, staff recommends the City Council amend COA No. 6 to read as follows:
“6. Prior to any issuance of a certificate of occupancy/use of the Project site building, or business activity being commenced thereon therein, the applicant shall complete these conditions of approval to the satisfaction of the Community Development Director. Prior to occupancy, the Applicant may use areas identified on the Site Plan for outdoor storage of non-combustible material (e.g. steel) subject to completion of all screening walls and subject to issuance of a Temporary Use Permit.” INITIAL STUDY/MITIGATED NEGATIVE DECLARATION:
Planning Division staff has determined that this Project is not exempt from the requirements of the California Environmental Quality Act (“CEQA”) and an Initial Study/Mitigated Negative was prepared for the Project. The IS requires an evaluation of 21 Categories of potential impacts to the environment. The results of this IS determined that without Mitigation Measures, 4 of these generalized categories could be impacted resulting from the construction and long-term operation of this project. These generalized categories include:
• Biological Resources (also included as COA 7 and 8)
• Cultural Resources (also included as COA 9 and 10)
• Geology and Soils (also included as COA 11 and 12)
• Tribal Cultural Resources (also included as COA 13 and 14) INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (Cont.):
The Mitigation Measures proposed in these categories are intended to reduce the potential for impacts caused or created by the Project to be “Less Than Significant” with mitigation. A Mitigation Monitoring and Reporting Program (MMRP) is included with the IS/MND, and identifies measurable mitigations and the parties responsible for ensuring that each mitigation measure is properly and completely implemented.
The project, with mitigation is not expected to create any impacts to the surrounding built environment.
ENVIRONMENTAL DETERMINATION:
Planning Division staff has
determined that this Project is not
exempt from the requirements of
the California Environmental Quality
Act (“CEQA”) and an Initial
Study/Mitigated Negative has been
prepared for the Project. A Notice
of Determination has been
prepared.
Public Communication:
Planning Commission: The proposed Project was advertised for a 30-Day public review and comment period in the Record Gazette newspaper, from April 26, 2024, through May 27, 2024, and notices were mailed to the owners of parcels within a 300-foot radius from the Project site.
City Council: The proposed Project was advertised for a 10-Day public review and comment period in the Record Gazette
newspaper, on June 14, 2024, and notices were mailed to the owners of parcels within a 300-foot radius from the Project site.
As of the date of this report, staff has received one written comment. A response to this comment letter has been
provided to the City Council for consideration.
RECOMMENDED ACTION:
Staff recommends the City Council adopt Resolution 2024-112, with amendment to COA No. 6, Adopt Mitigated Negative Declaration (EA 23-1506) pursuant to the requirements of the California Environmental Quality Act (CEQA) and CEQA Guidelines; and approving GPA 23-2502, ZC 23-3502, TPM 38659, DR 23-7008 and a Parking Reduction to allow for the new construction and operation of a 42,510 square-foot steel distribution facility on 14.92 gross acres of land located on the north side of West Lincoln Street between South 8th Street and South 16th Street (APN Nos. 540-180-020, 540-180-022 and 540-180-026.
Thank you!
Staff is Available for Questions
Contact Information:
Emery J. Papp
Senior Planner
(951) 922-3152
[email protected]
CITY OF BANNING
LANDSCAPE MAINTENANCE
DISTRICT NO. 1
Award of Contract and Budget Updates
Regulatory Environment • LMD is a Special District (Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California)
• Benefits are pre-defined regions/homeowners/neighborhoods, not City as a whole,
• This District, by special benefit assessments, provides funding for the servicing and maintenance of certain landscaped areas within the City of Banning, many of which are located in public right-of-ways in the City of Banning • Subject to Prop 218
• Statutory requirements to maintain Water Quality Devices (MS4 Permit No.
R7-2013-0011)
Exhibit E
Landscape Maintenance District
Number 1 • Currently has 11 distinct zones
• Initially created in 1990, with Tract 22913 annexed in 1992, within Zones 1-5, with a base fee and NO annual inflation adjustment
• Expanded to 11 zones in later years with base fee AND annual inflation adjustment up to 5% per year for zones 6-11
• Some zones contain fund surpluses, while others run a structural deficit.
New Landscape Contractor, higher
costs • RFP 24-061 for Operation and Maintenance Services was released on April 5, 2024 with 2 proposals received.
• Lowest responsible bidder, Mariposa Landscapes, Inc. was more than 2.5X the cost of the previous contractor for FY 23/24, amounting to $115,142.88/year. • PW staff met with Mariposa to reduce the Scope of Work and Services within Zones: 1, 4, 5, and 9 to meet the current budget. The revised annual contract cost is: $78,211.26/year. • A significant reduction in mowing, shrub, ground cover and plant maintenance, trash pickup and irrigation repairs must occur in Zones 1, including Richard Sanchez Park, 4, 5, and 9 to meet the negotiated Mariposa landscape costs.
LMD No. 1 Map (11 Zones)
Zone 1 Zone 1 includes the following
areas:
• Richard Sanchez Park and
trail
• Stormwater Basin
• Mountain Ave Roadway
Frontages
• Wilson Street Roadway
Frontages
LMD No. 1 – Zone 1
Financial Analysis
• No CPI Escalator in Zone 1
• Zone is in a large structural deficit,
anticipated to have a negative
fund balance in FY 25/26
• No projects proposed in this zone
to minimize expenses
• Retention Basins require regular
maintenance to remain effective at
mitigating runoff for Stormwater
Ordinance requirements.
LMD No. 1 – Zone 1
Zone 4 includes the following
areas:
• Wilson Street Roadway
Frontages
• Alder Court Roadway
Frontages
LMD No. 1 – Zone 4
Financial Analysis
• No CPI Escalator in Zone 4
• Zone is in a small structural
deficit
• No projects proposed in this
zone to minimize expenses
LMD No. 1 – Zone 4
Zone 5 includes the following
areas:
• Wilson Street Roadway
Frontages
• Sunrise Avenue Roadway
Frontages
• Stargaze Way Roadway
Frontages
• Moonbeam Drive Roadway
Frontages
LMD No. 1 – Zone 5
Financial Analysis
• No CPI Escalator in Zone 5
• Zone is in a structural deficit,
anticipated to have negative fund
balance in FY 26/27
• No projects proposed in this zone
to minimize expenses.
LMD No. 1 – Zone 5
Zone 9 includes the following
areas:
• Hargrave Street Roadway
Frontages
• Victory Avenue Roadway
Frontages
• Charles Street Roadway
Frontages
LMD No. 1 – Zone 9
Financial Analysis
• Re-occuring vandalism of
horse vinyl fence
• CPI Escalator in Zone 9
• Zone is in a structural deficit
LMD No. 1 – Zone 9
Previous Graph of Revenues/Deficits
LMD No. 1
$53,376.15
$26,230.07
$4,822.10
$4,687.76
$13,411.88
$6,622.21
$7,824.13
$9,225.28
$6,991.04
$16,499.74
$5,337.75
$34,739.10
$30,820.32
$2,379.51
$4,305.78
$9,594.27
$18,193.70
$11,176.13
$9,096.85
$8,577.03
$22,612.17
$7,675.05
($18,637.05)
$4,590.25
($2,442.59)
($381.98)
($3,817.61)
$11,571.49
$3,352.00
($128.43)
$1,585.99
$6,112.43
$2,337.30
ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ZONE 6 ZONE 7 ZONE 8 ZONE 9 ZONE 10 ZONE 11 FY 24/25 LMD ZONE FUNDS
24/25 Total Cost 24/25 Total Revenue 24/25 Rev - Exp
Revised Graph of Revenues/Deficits
LMD No. 1
($60,000.00)
($40,000.00)
($20,000.00)
$0.00
$20,000.00
$40,000.00
$60,000.00
$80,000.00
1 2 3 4 5 6 7 8 9 10 11
FY 24/25 LMD ZONE FUNDS
24/25 Total Cost 24/25 Total Revenue 24/25 Rev - Exp
Potential Remedies
• Reduction of Services
• What are mandatory vs. prudent
• Prop 218 Increases
• Last effort in December of 2020 was rejected by majority protest, not implemented • De-annexation of Richard Sanchez Park and/or other Zones • General Fund Transfers
• May be considered ‘Gift of Public Funds’ and not permitted Service Reductions
• Reductions were already in place in many zones, leading to landscape care not meeting community expectations.
• Additional reductions were put in place with this contract in zones that are in deficit.
• Stormwater basins are regulatory obligation to maintain, and can only be reduced to a certain point (Zone 1)
• Reverse frontages behind block walls are difficult to have the adjacent private homeowner maintain (Zones 4, 5, 9)
• Remaining reductions would be to essentially stop maintenance on certain sections.
Service Reductions
• Reductions in scope can be seen in Attachment 5 (Original Request) and Attachment 6 (Revised Scope)
• Reduce staff and administrative costs to oversee and manage the LMD zones and contract.
• Reduce water and electric usage to lower utility costs.
Prop 218 Vote Held on December 8,
2020
De-annexation
• The same process used to annex a property into the LMD would need to be followed.
• Each property owner within the Zone would need to be mailed a Ballot to vote on the De-annexation.
• A Public Hearing would be held, Ballots tallied, and a majority of Ballots received voting “YES” would be required.
• A HOA for the Zone would need to be formed to maintain the areas and an Agreement with the City would be required and executed. Additionally, an Encroachment Permit is needed for the HOA to access and maintain public property for maintenance.
• If a zone, or part of a zone is de-annexed, it may incur additional General Fund expense to maintain.
Recommendation
• Approve Resolution 2024-108 with Mariposa Landscapes for annual maintenance of Landscape Maintenance District No. 1.
• Provide direction to staff on preferred actions to address structural deficits in several zones, and the exhausted reserve accounts in Zone 1 in the next fiscal year.
Questions?
Contact Information
Nate Smith, P.E.
Deputy Director of Public of Works/City Engineer
[email protected]