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 8/27/2024
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
Serita Young, City Attorney
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Lincoln Bogard, Administrative Services Director
Art Vela, Director of Public Works
Emery Papp, Senior Planner
1. CALL TO ORDER
Mayor Sanchez called the regular meeting to order at 5:40 p.m.
1.1. Invocation – Pastor Eric Biggers of Mission Church of God in Christ 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
Mayor Sanchez announced a recess at 5:41 p.m. The meeting was reconvened at 5:59 p.m.
2. AGENDA APPROVAL
2.1. Approve Agenda
Motion to approve the agenda.
Regular Meeting Minutes 8/27/2024 Page 2 of 14
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 4-1.
3. PRESENTATIONS
3.1 Quarterly Small Business Recognition – Family Car Wash
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:
• David Marshall Kealy
• Harry Sullivan
• Lynnea Hagen
• Diego Rose
• John Hagen
• Gladys “Sue” Savage
• Bill Hobbs
• Stuart MacKenzie
5.2. CORRESPONDENCE
Three items of correspondence were received and distributed to City Council in advance of the meeting.
5.3. APPOINTMENTS
None
5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a Community Action Partnership (CAP) meeting.
Mayor Pro Tem Minjares reported on a San Gorgonio Pass Water Alliance (SGPWA) meeting.
Regular Meeting Minutes 8/27/2024 Page 3 of 14
Council Member Flynn reported on a Community Luncheon with Sheriff Chad Bianco at Morongo.
Council Member Happe reported on a meeting of the Riverside County Transportation Commission (RCTC).
Mayor Sanchez reported on the Rosilicie Ochoa Bogh Town Hall that occurred at City Hall as well as the State of the County led by Supervisor Gutierrez.
5.5. CITY MANAGER REPORT
City Manager Schulze announced that they had filled the Community Development Director position and David Newell, from the City of Palm Springs, will be joining the team beginning September 16, 2024. There are also interviews happening for the Police Chief position. The interview process will include a community meet and greet, giving the public the opportunity to meet the candidates.
The Banning Youth Council is holding a clean-up event at Sylvan Park on August 31.
Finally, the City Council will be reviewing a resolution regarding support for Proposition 36.
5.6. CITY ATTORNEY REPORT
City Attorney Young had no report.
5.7. CITY TREASURER REPORT
City Treasurer Geronimo had no report.
6. CONSENT AGENDA
6.1 Approval of the Meeting Minutes for the July 9, 2024 City Council Meetings
6.2 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of June 2024
6.3 Receive and File Cash and Investments Report for the Month of June 2024
6.4 Receipts, Disbursements, & Fund Balances Reporting for Fiscal Year 2023-24, Period 12, June 2024, and Fiscal Year 2024-25, Period 1, July 2024
6.5 Receive and File Police Department Statistics for the Month of June and July 2024
6.6 Receive and File Fire Protection Services Statistics for the Month of June and July 2024
6.7 Public Works Capital Improvement Project Tracking List
6.8 Receive and File Code Enforcement Update and Statistics for the Months of June and July 2024
6.9 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports for June and July 2024
6.10 City Council Travel and Conference Expense Report Year to Date June 30, 2024
6.11 Consideration of Resolution 2024-128, Approving the Acceptance of the Distribution of the 2023 Emergency Management Performance Grant (EMPG) Program Award
6.12 Consideration of Resolution 2024 -129, Approving a Successor Memorandum of Understandings with the Banning Police Officers' Association, Representing All City Employees Eligible for Inclusion in the Police Unit, Effective March 28, 2024, Through March 27, 2027, and Authorizing the City Manager to Finalize and Execute a Successor Agreement
Regular Meeting Minutes 8/27/2024 Page 4 of 14
6.13 Consideration of Resolution 2024-130, Accepting a Donation from First Industrial, LP in the Amount of $2,500
6.14 Consideration of Resolution 2024-131, Accepting a Donation from Sun Lakes Charitable Trust in the Amount of $2,000
6.15 Consideration of Resolution 2024-132, Awarding A Professional Services Agreement for the Construction Management and Inspections Services of Charles Street and Lincoln Street Non-Potable Water Booster Stations and Reservoirs Project to TKE Engineering, Inc. in the amount of $910,880 and Approving a 10% Contingency for a Total Project Budget of “Not-to-Exceed” $1,001,968.
6.16 Consideration of Resolution 2024 -133, Awarding a Professional Services Agreement to Albert A. Webb Associates in the amount of $79,700 for CEQA Related Biological and Paleontological Monitoring and Reporting During the Construction of Charles Street and Lincoln Street Non-Potable Water Booster Stations
6.17 Consideration of Resolution 2024-134, Approving Amendment No. 1 to the Professional Services Agreement with Kimley-Horn and Associates, Inc. for an Additional Amount of $17,850 for Design of the Lions Park Non-Potable Water Irrigation Conversion
6.18 Consideration of Resolution 2024-135, Approving an Amendment to the GARDA CL West, Inc. Purchase Order (PO 031919) to Increase the Amount by $ 2,000.00 for a Total of $27,0000.00 for Fiscal Year 2024 Expenditures and Approving a New Purchase Order for GARDA CL West, Inc. to Use During Fiscal Year 2025 for an Amount Not to Exceed $30,000.00
6.19 Consideration of (1) Resolution 2024-136, Amending the Classification and Compensation Plan; and (2) Resolution 2024-137, Revising the Confidential Employee Benefit Plan
6.20 Consideration of Resolution 2024-138, Approving an Amendment No. 2 to the Professional Services Agreement (C00853) with Eide Bailly for External Audit Services for Fiscal Year 2022-23 Cost Overruns in the Amount of $50,000 after 23 Percent Discount
6.21 Notification that The City is Changing its Availability Period from 60 Days to 90 Days for Eligible Revenues under the Modified Accrual Basis of Accounting Public Comment
None
Motion to adopt consent agenda items 6.2 to 6.14, 6.18 and 6.21.
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.
Regular Meeting Minutes 8/27/2024 Page 5 of 14
6.1 Approval of the Meeting Minutes for the July 9, 2024 City Council Meetings Motion to Exhibit A be removed from the July 9, 2024 regular meeting minutes.
Motion by Council Member Flynn
No second. The motion failed.
Public Comment
• Kathleen Dale
Motion to approve the meeting minutes as presented.
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.
Mayor Sanchez announced a recess at 6:48 p.m. The meeting was reconvened at 7:03 p.m.
6.15 Consideration of Resolution 2024-132, Awarding A Professional Services Agreement for the Construction Management and Inspections Services of Charles Street and Lincoln Street Non-Potable Water Booster Stations and Reservoirs Project to TKE Engineering, Inc. in the amount of $910,880 and Approving a 10% Contingency for a Total Project Budget of “Not-to-Exceed” $1,001,968
Art Vela, Director of Public Works, answered City Council questions about the report.
Public Comment
• Kathleen Dale
Motion to adopt Resolution 2024-132.
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.
Regular Meeting Minutes 8/27/2024 Page 6 of 14
6.16 Consideration of Resolution 2024-133, Awarding a Professional Services Agreement to Albert A. Webb Associates in the amount of $79,700 for CEQA Related Biological and Paleontological Monitoring and Reporting During the Construction of Charles Street and Lincoln Street Non-Potable Water Booster Stations Art Vela, Director of Public Works, answered City Council questions about the report.
Public Comment
• Kathleen Dale
Motion to continue the item until after the consideration of Agenda Item 7.1.
Motion by Council Member Flynn
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 2024-134, Approving Amendment No. 1 to the Professional Services Agreement with Kimley-Horn and Associates, Inc. for an Additional Amount of $17,850 for Design of the Lions Park Non-Potable Water Irrigation Conversion
Art Vela, Director of Public Works, answered City Council questions about the report.
Public Comment
None
Motion to adopt Resolution 2024-134.
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 4-1.
6.19 Consideration of (1) Resolution 2024-136, Amending the Classification and Compensation Plan; and (2) Resolution 2024-137, Revising the Confidential Employee Benefit Plan
Regular Meeting Minutes 8/27/2024 Page 7 of 14
Lincoln Bogard, Administrative Services Director, answered City Council questions about the report.
Public Comment
None
Motion to adopt Resolution 2024-136 and 2024-137.
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.
6.20 Consideration of Resolution 2024-138, Approving an Amendment No. 2 to the Professional Services Agreement (C00853) with Eide Bailly for External Audit Services for Fiscal Year 2022-23 Cost Overruns in the Amount of $50,000 after 23 Percent Discount
Lincoln Bogard, Administrative Services Director, answered City Council questions about the report.
Public Comment
• Frank Connolly
Motion to adopt Resolution 2024-138.
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.
7. PUBLIC HEARING(S)
7.1 Consideration of Resolution 2024-140, Approving EA 24-0051, an Initial Study/Mitigated Negative Declaration for the Proposed Construction and Operation of a New Non-Potable Water Storage Reservoir that is 24-Feet in Diameter and 21- Regular Meeting Minutes 8/27/2024 Page 8 of 14
Feet Tall with a Capacity of Approximately 61,000 Gallons, Associated Appurtenances, Onsite Access Road, and the Construction and Operation of a New Booster Pump Station Designed for the Future Ultimate Flow of 2,500 Gallons Per Minute (GPM). The Proposed Reservoir and Booster Station will be Located on a Portion of Accessor's Parcel Number (APN) 538-280-001 that is Approximately 7.51 Acres. The Project Site is Located on a City-Owned Property within the Open SpaceParks (OS- P) Zoning District and is Generally Located on the South Side of West Lincoln Street and East of 22nd Street, within the City of Banning, California; and Adopting a Mitigation Monitoring and Reporting Program for the Project Emery Papp, Senior Planner, presented the staff report.
Public Comment
• John Hagen
• Kathleen Dale
Motion to adopt Resolution 2024-140.
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 5-0.
6.16 Consideration of Resolution 2024-133, Awarding a Professional Services Agreement to Albert A. Webb Associates in the amount of $79,700 for CEQA Related Biological and Paleontological Monitoring and Reporting During the Construction of Charles Street and Lincoln Street Non-Potable Water Booster Stations Motion to adopt Resolution 2024-133.
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.
Regular Meeting Minutes 8/27/2024 Page 9 of 14
Mayor Sanchez announced a recess at 8:10 p.m. The meeting was reconvened at 8:26 p.m.
8. REPORTS OF OFFICERS
8.1 Consideration of the Ring of Honor Selection Committee's Nomination to City Council to Place Arthur Lee "Art" Welch in the City of Banning's Ring of Honor Caroline Patton, Administrative City Clerk, presented the staff report.
Public Comment
None
Motion to accept the Ring of Honor Selection Committee’s Nomination to place Arthur Lee “Art” Welch in the City of Banning’s Ring of Honor.
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.
8.2 Consideration of Resolution 2024-141, Expressing Support for Actions to Further Strengthen Local Democracy, Authority, and Control As Related to Local Zoning and Housing Issues
Doug Schulze, City Manager, presented the staff report.
Public Comment
None
Motion to adopt Resolution 2024-141.
Motion by Council Member Happe
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 5-0.
Regular Meeting Minutes 8/27/2024 Page 10 of 14
8.3 Consideration of Resolution 2024-142, Approving a Contract with American Legal Publishing, LLC (C01061) for a Municipal Code Update Project for a Term Ending on December 31, 2025, for Total Not-To -Exceed Amount of $50,000 to Conduct a Holistic Review and Update of the Municipal Code to Modernize the Code Utilizing Reader Friendly Text and Format, Eliminate Outdated and Redundant Provisions, Eliminate Inconsistencies and Contradictions, Simplify Code Provisions, and to Ensure Consistency and Compliance with Current State and Federal Law Lincoln Bogard, Administrative Services Director, presented the staff report.
Public Comment
None
Motion to adopt Resolution 2024-142.
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 City of Banning Fiscal Year 2022-23 Annual Comprehensive Financial Report (ACFR), Banning Utility Authority (BUA) FY 2022-23 Financial Statements, City of Banning FY 2022-23 GANN Limit Agreed Upon Procedures (AUP) Report, City of Banning FY 2022-23 Single Audit Report, and Related Management Letters and Governance Letters
Lincoln Bogard, Administrative Services Director, presented the staff report. Roget Alfaro of Eide Bailly presented the audit to City Council.
Public Comment
None
8.5 Consideration of Resolution 2024-143, Creating a Community Revitalization Investment Authority to Operate within the Community, and Making Certain Findings and Taking Certain Actions in Connection Therewith, and Resolution 2024-05 SA, Making Certain Findings Relating to the City of Banning's Creation of a Community Revitalization Investment Authority to Operate within the Community Doug Schulze, City Manager, presented the staff report.
Regular Meeting Minutes 8/27/2024 Page 11 of 14
Public Comment
• Kathleen Dale
• Gerry Phelps
Motion to table this item until an additional City Council workshop meeting and a public Saturday workshop may be held.
Motion by Mayor Sanchez
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.
8.6 Consideration of the First Reading and Introduction of Ordinance 1606, Setting Salaries for City Council
Doug Schulze, City Manager, presented the staff report.
Public Comment
• Kathleen Dale
Administrative City Clerk Patton read the ordinance by title only.
Motion to introduce and waive further reading of Ordinance 1606.
Motion by Council Member Happe
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 of Proposed Amendments to Banning Municipal Code and Zoning Pertaining to Cannabis Businesses, Including the Possibility of Implementing an Urgency Ordinance/Moratorium
Emery Papp, Senior Planner, presented the staff report.
Regular Meeting Minutes 8/27/2024 Page 12 of 14
Public Comment
• John Hagen
• Kathleen Dale
Motion to continue the meeting past 10:00 p.m.
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.
Mayor Sanchez announced a recess at 10:51 p.m. The meeting was reconvened at 11:01 p.m.
9.2 Discussion of the Banning Electric Utility Emergency Rate Increase Scenarios Lincoln Bogard, Administrative Services Director and Art Vela, Director of Public Works, presented the staff report.
Public Comment
• Gerry Phelps
• John Hagen
• Frank Connolly
• Kathleen Dale
• Cindy Barrington
Motion to continue the meeting past 12:00 p.m.
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 5-0.
9.3 Presentation and Consideration of the Results of the Time Study and Associated Cost Analysis of the Itron Electric Meter Failures Due to Mesh Communication Issues that Resulted in Reprogramming and Replacing Impacted Electric Meters Regular Meeting Minutes 8/27/2024 Page 13 of 14
Lincoln Bogard, Administrative Services Director, presented the staff report.
9.4 Overview and Presentation of Industrial Development Projects in the City of Banning
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. Zoom Options for Public Meetings (Flynn)
6. Developer Presentation on Sunset Crossroads Project (Flynn)
7. City Manager Evaluation (Flynn)
8. All Active Lawsuits against the City (Flynn)
9. Plot Map for Warehouses (Current/Planned) in the City (Flynn)
10. Increased Compensation for City Council (Flynn)
11. Increased Compensation for City Treasurer and City Clerk (Flynn)
11. ADJOURNMENT
Motion to adjourn.
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.
The meeting was adjourned at 12:41 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 Regular Meeting Minutes 8/27
/2024 Page 14 of 14
ATTACHMENTS:
Exhibit A – Public Comment Received
Exhibit B – Agenda Item 7.1: Staff Presentation
Exhibit C – Agenda Item 8.3: Staff Presentation
Exhibit D – Agenda Item 8.4: Staff Presentation
Exhibit E – Agenda Item 9.1: Staff Presentation
Exhibit F – Agenda Item 9.2: Staff Presentation
Exhibit G – Agenda Item 9.3: Staff Presentation
Exhibit A
CITY COUNCIL
PUBLIC HEARING ITEM NO. 7.1
AUGUST 27, 2024
Consideration of EA 24-0051, an IS/MND for the Proposed Construction and Operation of a New Non-Potable Water Storage Reservoir that is 24-feet in Diameter and 21-Feet Tall with a Capacity of Approximately 61,000 Gallons, Associated Appurtenances, Onsite Access Road, and the Construction and Operation of a New Booster Pump Station Designed for the Future Ultimate Flow of 2,500 Gallons Per Minute (gpm). The Proposed Reservoir and Booster Station will be Located on a Portion of Assessors Parcel Number (APN) 538-280-001 that is Approximately 7.51 acres. The Project Site is Located on a City-Owned Property Within the Open Space-Parks (OS-P) Zoning District and is Generally Located on the South Side of West Lincoln Street and East of 22nd Street, Within the City of Banning, California.
Exhibit B
Land Use Summary
Existing Land Use Zoning Classification General Plan Designation Subject Site Vacant Land Open Space - Parks Open Space - Parks North Vacant Commercial Land
and Existing Homes
General Commercial and Low
Density Residential
General Commercial and Low
Density Residential
South Vacant Land Public Facilities - School GC and LDR East Montgomery Creek and
Vacant Land Very Low Density Residential Very Low Density Residential West Existing Single-Family
Homes Low Density Residential Low Density Residential
Site Photos, Current Site Conditions
Background
The Project is a part of the Citys expansion of the non-potable water delivery system:
The Citys existing customer for non-potable water (recycled water) is the Sun Lakes Country Club golf course.
Future potential customers may include: Lions Park, Banning High School, Dysart Park, a neighborhood park and the Rancho San Gorgonio development.
The proposed Project was not specifically identified in the Citys Integrated Master Plan; however, it is needed to provide non-potable water supplies to existing and potential customers on the west side of the City.
Project Description
The Project entails the construction and operation of a new non-potable water storage reservoir with a capacity of approximately 61,000 gallons, associated appurtenances, on-site access road, and the construction and operation of a new booster pump station designed for the future ultimate flow of 2,500 gallons per minute (gpm). The proposed Project will only utilize a portion of the parcel it is located on. The total disturbance area during construction is approximately 1.39 acres, which includes construction staging. This is approximately 18.4 percent of the parcel. Once construction is complete, the proposed Projects disturbance area is approximately 0.48 acres, which represents approximately 6.4 percent of the total parcel acreage.
Project Description (Cont.)
The Major Components of the Project Include:
Reservoir 61,000 gallons, 24-foot diameter, 21-feet high Booster Station 38x24x12 split face masonry block building with tile roof and roof hatches to facilitate equipment removal/installation
Booster Pumps 2 1,000 GPM main pumps, 1 standby pump 1,500 GPM On-site Diesel-powered standby generator
SCADA System
Site Access Improvements
Lighting and Security
Electrical
Drainage
Frontage Improvements to Lincoln Street Widening and new drive approach Site Overview
Public Notice/Comment
A Public Review and Comment Period for
the IS/MND was published on April 26,
2024 and ended on May 26, 2024.
CC Public Hearing Notice was Published in
the Record Gazette on August 9, 2024
Notices mailed to property owners
within 300 on August 8, 2024
No comments were received opposed
to or for the project
Mitigation Monitoring and Reporting Program
CEQA requires adoption of a reporting or monitoring program for those measures placed on a project to mitigate or avoid adverse effects on the environment (California Public Resources Code§ 21081.6).
An MMRP has been prepared in compliance with State law and the Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the Project.
As the Lead Agency, the City is responsible for ensuring full compliance with the mitigation measures adopted for the proposed Project. The City, in conjunction with any affected responsible agencies, will then determine if modification to the project is required and/or whether alternative mitigation is appropriate.
Subject to approval by the City Council, a Notice of Determination will be filed with the County of Riverside and the State of California.
Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) (Cal. Pub. Res.
Code § 21000 et seq.), the State Guidelines (14 Cal. Code Regs. § 15000 et seq.), City Staff prepared an Initial Study of the potential environmental effects of the Project as described in the Initial Study. Based upon the findings contained in that the Initial Study, City Staff determined that, with the incorporation of mitigation measures, there is no substantial evidence that the Project will have a potentially significant effect on the environment and a Mitigated Negative Declaration (MND) was prepared in full compliance with the requirements of CEQA.
Planning Commission Action
On July 10, 2024, the Planning Commission took the following action:
Adopted Resolution 2024-10, recommending that the City Council adopt a Mitigated Negative Declaration (EA 24-0051) and Mitigation Monitoring and Reporting Program for the Project, subject to the Findings contained in the Resolution.
Recommendation
The Planning Commission has recommended that the City Council take the following action:
Adopt Resolution 2024-140, adopting a Mitigated Negative Declaration (EA 24- 0051) and Mitigation Monitoring and Reporting Program for the Project, subject to the Findings contained in the Resolution.
Thank you!
Staff is Available for Questions
Contact Information:
Emery J. Papp, Senior Planner
[email protected]
Exhibit C
MUNICIPAL CODE
UPDATE PROJECT
Lincoln Bogard, Administrative Services Director
City Council Meeting August 27, 2024
Municipal Code Update
Staff identified some
discrepancies in Code
No thorough review has
been performed in many
years
Goal to make Code user
friendly
Exhibit D
Municipal Code Update Vendor
Many references from large cities in
California
Strong proposal submitted
Costs within expectations
Only vendor that attended the Pre-Bid
Meeting
Questions
Contact Information
Lincoln Bogard
[email protected]
CITY COUNCIL
DISCUSSION ITEM NO. 9.1
AUGUST 27, 2024
Discussion of Proposed Amendments to Banning Municipal Code and Zoning Pertaining to Cannabis Businesses, Including the Possibility of Implementing an Urgency Ordinance/Moratorium
Background
In July 2018, the Banning City Council passed Ordinance Nos. 1523 and 1524, which created a conditional use permit process for cannabis Ballot Measure N, on the November 2018 ballot, established a cannabis cultivation tax
Ballot Measure O, on the same 2018 ballot, established a cannabis retailer tax Ballot Measure L, on the November 2020 ballot and Ordinance 1564 went into effect which established a cannabis distribution facility tax 2021, the City Council passed Ordinance No. 1577, which allowed cannabis microbusinesses
Exhibit E
Background (contd)
Revenue generated by cannabis business taxes has not met the Citys expectations.
Cannabis retail tax revenue is dependent on the retail sales each cannabis retailer generates, and payments are currently due annually.
Cannabis cultivation businesses tax ranges from $150,000 to $330,000 per year, per license.
Since inception, amendments to Cannabis Ordinances have not had the desired effect of increasing revenues.
Potential for Land Use Conflicts
Odor Control
Noise Control
Inadequate separations from other cannabis businesses and sensitive uses
Unintended consequences related to public health, safety, welfare and enjoyment of property
Cannabis Ordinance Concerns
Urgency Ordinance/Moratorium
Section 65858 of the California Government Code permits cities to adopt interim urgency ordinances.
Purpose is to temporarily prohibit approval of new land uses that might conflict with an amendment to a general plan, specific plan, or zoning ordinance that the city plans to study within a reasonable time period.
A moratorium on cannabis uses would not eliminate existing businesses, but it would temporarily prohibit new businesses from applying for or receiving approvals from the City while the City studies possible changes to cannabis regulations.
Urgency Ordinance/Moratorium (Cont.)
A moratorium must be adopted ordinance requiring a four-fifths vote of the City Council
The ordinance must contain findings that there is a current and immediate threat to the public health, safety, or welfare.
The ordinance may be adopted either on an urgency basis or after a noticed public hearing.
An urgency ordinance can be adopted without notice and a hearing, without prior Planning Commission review, and can be made to take effect immediately by the inclusion of urgency findings.
Moratorium Duration / Milestones
A moratorium has an initial duration of 45 days.
A moratorium can only be extended following a noticed public hearing.
Up to two extensions are allowed for a maximum term of two years.
Each extension is subject to the same requirements for four-fifths approval and legislative findings.
A written report describing the measures taken to alleviate the condition that led to the adoption of the ordinance at least ten days prior to any extension.
If the City Council wishes to consider a moratorium, staff will prepare an ordinance for its consideration at a future meeting.
Fiscal Impact
Potential loss of Cannabis Business Tax revenues, staff time, and City Attorney time to prepare Moratorium Ordinance(s)
Recommendation
Staff recommends the City Council take the following action:
Receive information and presentation from staff and public speakers; followed by discussion of the Council Members and direction to staff.
Alternative Actions:
1. Make no amendments to the current BMC
2. Amend the current BMC provisions
3. Prepare an Urgency Ordinance, temporarily placing a hold on new cannabis businesses and prepare a Moratorium Ordinance
Thank you!
Staff is Available for Questions
Contact Information
Emery J. Papp
Senior Planner
[email protected]
Exhibit F
ITRON TIME STUDY
Lincoln Bogard, Administrative Services Director
City Council Meeting August 27, 2024
Itron Meter Issues
Batteries Fatal 5 Errors
Collector versus Mesh
Communications
Compounded Impact
Time Study for Meter
Replacements
Results of Time Study
Exhibit G
City Cost Categories
Field Services Meter
Replacement
Electric Meter Reprogramming
Senior Billers Correcting
Current/Prior Billings
Only Salary Costs Analyzed
WO/Project Amount
WF0254708 4.91
WF0240168 109.74
WF0271788 30.99
EL2408 11.16
UTILBILL 47.58
Total per Meter 204.37
Total Cost (3,070) 627,428.00
Estimated per Meter
Salary Cost - $204.37
3,070 Meters Replaced
Total Estimated Salary
Paid to Replace and
Reprogram - $627,428
Provide Direction
Itron has expressed some interest in
reimbursement negotiations.
Staff would like direction to negotiate
reimbursement of City Salaries paid to
reprogram and replace defective meters.
Questions
Contact Information
Lincoln Bogard
[email protected]