Agenda packet, regular meeting, third session — Banning City Council, September 24, 2024 (part 3 of 3)

RESOLUTION 2024-153

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

AUTHORIZING THE FUNDING OF A NEW FULL-TIME FIRE SAFETY SPECIALIST POSITION

AND DIRECTING STAFF TO PREPARE FOR FUTURE COUNCIL REVIEW A SECOND

AMENDMENT TO THE COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY TO

PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF BANNING TO INCLUDE THE ADDITION OF A NEW FULLTIME FIRE SAFETY SPECIALIST POSITION WHEREAS, the City of Banning and the County of Riverside have entered into A Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services for the City of Banning (“Agreement”) dated June 22, 2021; and WHEREAS, on December 12, 2023 the City amended the Agreement by increasing the staffing levels provided by the County under the Agreement to include an Assistant Fire Marshal; and
WHEREAS, the City now desires to increase the staffing levels provided by the County under the previously amended Agreement to include a full-time Fire Permit Specialist; and WHEREAS, the City intends to amend the Agreement at a future date once the position has been funded in the City’s budget; and
WHEREAS, the City intends to adopt fees a future date to support the proposed increased staffing levels.

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

SECTION 1. The City Council authorizes the following updated position for Fiscal Year 2024- 25: Fire Safety Specialist.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Fire Services Contract and to execute the Fire Services Contract with Riverside County Fire Department/CAL FIRE on behalf of the City Council.

SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 423
Resolution 2024-153

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PASSED, APPROVED AND ADOPTED this 24th day of September 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
424
Resolution 2024-153

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CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-153, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 24th day of September 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
425
Resolution 2024-153

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EXHIBIT A
Fire Permit Specialist Job Description
426
County of Riverside

FIRE PERMIT TECHNICIAN
CLASS CODE 37859 SALARY $28.28 - $41.69 Hourly
$4,901.66 - $7,225.61 Monthly
$58,819.90 - $86,707.30 Annually
BARGAINING UNIT LIUNA - Inspections & Technical ESTABLISHED DATE February 27, 2024 REVISION DATE February 27, 2024
Class Concept
Under general supervision, performs a variety of administrative support duties and provides customer assistance and services for Riverside County Fire; responds to questions regarding Fire’s permit application, procedures and fire code requirements as they relate to permit application and processes; receives and routes applicable documents to staff; performs other related duties as required.

The Fire Permit Technician is a journey level classification and reports to an appropriate supervisory or manager level position. The Fire Permit Technician is primarily engaged in issuing County Fire construction and fire code permits, processing fire protection and construction plans for residential, commercial, and industrial projects, performing code compliance reviews of minor fire protection projects, and scheduling appointments.

Examples of Essential Duties (may include but not limited to) • Provide quality customer service to the public at a public counter; process construction plans, forms, and permit applications for issuance of development and construction permits for commercial, industrial, and residential projects; perform the more complex functions related to County Fire’s development and permitting processes; resolve or assist in resolving difficult or complex permitting issues. • Coordinate fire permit process; receive and review fire applications for completeness and compliance with related laws, codes, ordinances, and legislation; process plan check submittals, applications and other related documents; answer code related questions and supply information regarding permit processing policies and procedures. • Receive and review applications for Fire Permits; approve and issue permits; calculate and collect fees and perform plan reviews for minor projects.
• Review, confirm and research invoices, verify encumbrances, and research discrepancies as they relate to County Fire vendors.
• Receive requests for inspection and schedule appropriately using specialized records management and permit software to create and maintain project files and check project status. • Enter and update information in the computerized permit system to prepare a variety of forms, letters, reports, and other materials to include permit issuance database; maintain accurate and detailed records and files; verify 5/6/24, 5:40 PM County of Riverside - Class Specification Bulletin https://www.governmentjobs.com/careers/riverside/classspecs/newprint/1632409 1/3 427
accuracy of information; provide status reports, research discrepancies and records information; calculate and maintain statistical data and records and prepare a variety of reports as required. • Recommend and participate in implementation and improvement of policies and procedures. • Research, review and compile data for special projects and various reports. • Build and maintain positive working relationships with co-workers, other County employees and the public using principles of good customer service.

Recruiting Guidelines
Any combination of experience and training that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required knowledge, skills and abilities would be:

OPTION I
Education: Graduation from high school or attainment of a satisfactory score on a G.E.D. test.

Experience: Two (2) years of performing clerical office duties and in reviewing, reading and understanding simple blueprints or interpreting and explaining simple planning or building regulations.

OPTION II
Education: Graduation from high school or attainment of a satisfactory score on a G.E.D. test.

Experience: One (1) year in municipal planning, building or a related field comparable to that of a Building or Planning Permit Technician.

ALL OPTIONS
Knowledge of: Principles and procedures of recordkeeping and reporting; modern office equipment and procedures including use of a variety of software applications related to fire prevention and plan review; California Fire Code and other applicable federal, state and local laws; principles and practices of customer service and public relations; English usage, spelling, grammar and punctuation.

Ability to: Learn, interpret, apply, and explain policies and procedures; intermittently review documents related to County Fire operations; observe, identify and problem solve procedural issues; receive, research and resolve questions from the public, outside agencies and other County departments; learn to review construction drawings and plans; learn to process fire inspections, new construction and life safety permits.

Other Requirements
License: Possession of a valid California Driver’s License may be required.

Pre-Employment
All employment offers are contingent upon successful completion of both a pre-employment physical exam, including a drug/alcohol test, and a criminal background investigation, which involves fingerprinting. (A felony or misdemeanor conviction may disqualify the applicant from County employment.) Probationary Period
5/6/24, 5:40 PM County of Riverside - Class Specification Bulletin https://www.governmentjobs.com/careers/riverside/classspecs/newprint/1632409 2/3 428
As an Approved Local Merit System, all County of Riverside employees, except those serving "At Will," are subject to the probationary period provisions as specified in the applicable Memorandum of Understanding, County Resolution, or Salary Ordinance. Temporary and Per Diem employees serve at the pleasure of the agency/department head.
5/6/24, 5:40 PM County of Riverside - Class Specification Bulletin https://www.governmentjobs.com/careers/riverside/classspecs/newprint/1632409 3/3 429
CAL FIIRE –– RIIVERSIIDE UNIIT

RIIVERSIIDE COUNTY FIIRE DEPARTMENT

BILL WEISER - Fire Chief
Office of the County Fire Marshal
4080 Lemon Street. 10th Floor, Riverside, CA 92501
(951) 955-4777 www.rvcfire.org

Proudly serving the
Unincorporated
areas of Riverside
County and the cities
of:

Banning
Beaumont
Coachella
Desert Hot Springs
Eastvale
Indian Wells
Indio
Jurupa Valley
Lake Elsinore
La Quinta
Menifee
Moreno Valley
Norco
Palm Desert
Perris
Rancho Mirage
Rubidoux CSD
San Jacinto
Temecula
Wildomar

BOARD OF
SUPERVISORS:

Kevin Jeffries
District 1
Karen spiegel
District 2
Charles Washington
District 3
V. Manuel Perez
District 4
Dr. Yxstian Gutierrez
District 5
August 16, 2024
City of Banning
Doug Schulze, City Manager
99 E. Ramsey
Banning, CA 92220
Re: Fire Permit Technician
Dear Mr. Schulze,
Please see the attached FY2024/2025 estimate, dated August 14, 2024 showing the cost to add one (1) Fire Permit Technician to the Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services for the City of Banning.

The cost shown assumes the position at top step including benefits per page 2 of the estimate.

Should you have any questions regarding this position or estimate do not hesitate to contact me.

Respectfully,
Kylie Tillema
Deputy Fire Marshal
Riverside County Fire Department
430

CAPTAIN CAPTAIN MEDICS ENGINEER ENGINEER MEDICS FF II FFII MEDICS TOTALS STA #20Medic Engine *0 2 *0 1 *0 1 *0 3 *0 2 *0 9
STA #89Medic Engine 269,261 1 474,731 2 410,127 2 699,793 3 1,853,912 866–HR Workweek 269,261 1 269,261 1 SUBTOTALS 538,523 474,731 410,127 699,793 2,123,173
2 2 23 9
183,114 183,114 1205,757 205,757 1
FIRE PERMIT TECHNICIAN 102,013 102,013 1
$490,884 12
26,620 244,634 9.19
9,914 9,914 1
2,720 13,898 35,954 3
7,655 68,891 9
26,489 36.51 231,659
81,675 163,351 2
27,633 38.08 241,654
11,857 3,151 35,629
1,031,686
54,408
36,250 72,500 2
826,908
12 $4,599,560

1.5 9.0
5,257 0.19
3 ** 9.19
2 1.5
5 FIRE SAFETY SUPERVISOR (PCN 00145234) each
each
FIRE SAFETY SPECIALIST (PCN 00126230)
each engine
Assigned Staff

TOTAL ESTIMATED CITY BUDGET
Administrative/Operational (Schedule A) Volunteer Program (Schedule B) Medic Program (Schedule C) Battalion Chief Support (Schedule D) ECC Support (Schedule E) Fleet Support (Schedule F) Comm/IT Support (Schedule G) Hazmat Support (Schedule I) per assigned Staff **per Entity Allocationper Fire Station Staffper Call andper Fire Suppression Equip

ESTIMATE
*See notation below for estimate assumptions

CITY OF BANNING
CREATED AUGUST 14, 2024 FOR FY2024/2025

SUBTOTAL STAFF
each
Total Assigned Staff

SUBTOTAL

TOTAL STAFF COUNT
*Engine 20 Staffing on separate additional Exhibit "A"
Number of Hazmat CallsHazmat StationsMonitors/Defibs Assigned Medic FTENumber of CallsFire Stations

FIRE ENGINE USE AGREEMENT
per Stationper Stationper Defibper Station

DIRECT CHARGESSUPPORT SERVICES ESTIMATE SUBTOTAL
Battalion Chief Allocation
SUPPORT SERVICES ESTIMATE (Fire Cost Allocation Plan)
COOPERATIVE FIRE ENGINE 20 STAFFING SHARE AGREEMENT
per Call andper Call andMedic FTE and
FY24/25 ESTIMATE

CITY OF BANNING

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431
381,708 36,250
376,698 26,620315,635 9,914269,261 13,898302,696 2,720237,365 7,655267,899 26,489205,064 36.51233,264 81,675144,534 27,633110,278 38.08210,212 1,777145,731 427.33114,663 11,857205,757 3,151.42183,114 2,087159,587102,013 FIRE PERMIT TECHNICIAN 96,537 OFFICE ASSISTANT III
Defibrillator replacement cycle.

MEDIC FTE
Hazmat Program - Support staff, operating costs, and vehicle replacement as part of their contracted services.

HAZMAT STATIONHAZMAT CALLS

DIV CHIEF SRVDELDEPUTY CHIEF FIRE ENGINEBAT CHIEF VOL DELCAPTCAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENTENG BC SUPPORTENG/MEDIC ECC STATION SUPPORT SERVICES (Fire Cost Allocation Plan) cont.Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Data ProcessingEmergency Command Center Support - Dispatch services costsFleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costsBattalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffingCommunications / IT Support - Support staff, communications, radio maintenance, computerFacility Support - Facility maintenance staff with associated operating costs. support functions

FACILITY FTEFLEET SUPPORTCOMM/IT STATIONCOMM/IT CALLS

FF II ECC CALLS
- All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024 Finance / Accounting Personnel Office Supplies/Equip.

Fire Fighting Equip.ProcurementPublic Affairs / Education

EMERGENCY MEDICAL SERVICE SPECEXECUTIVE ASSISTANT IIFIRE SAFETY SUPERVISORFIRE SAFETY SPECIALISTFF II/MEDICADMIN SVCS ANALYST IIADMIN SVCS ASSTDEPUTY FIRE MARSHAL FACILITY STATION Administrative & Operational Services Training
- Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary FY 24/25 POSITION SALARIES TOP STEP

HAZMAT VEHICLE REPLACEMENT

FIRE SYSTEMS INSPECTOR
*Cost Assumptions:- Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase.

FY24/25 ESTIMATE

CITY OF BANNING

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432

A COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL

AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF BANNING I THIS AGREEMENT, made and entered into this ~!ay of f /)_jtV , 2021, Qy and between the County of Riverside, a political subdivision of t~e State of California, on behalf of the Fire Department (hereinafter referred to as "COUNTY"), and the City of Banning a duly created city, (hereinafter referred to as "CITY"), whereby it is agreed as follows:

SECTION I: PURPOSE
The purpose of this Agreement is to arrange for COUNTY, through its Cooperative Fire Programs Fire Protection Reimbursement Agreement ("CAL FIRE Agreement") with the California Department of Forestry and Fire Protection ("CAL FIRE"), to provide CITY with fire protection, hazardous materials mitigation, technical rescue response, fire marshal, medical emergency services, and public service assists (hereinafter referred to as "Fire Services"). This Agreement is entered into pursuant to the authority granted by Government Code sections §55600 et seq. and will provide a unified, integrated, cooperative, regional fire protection system. COUNTY's ability to perform under this Agreement is subject to the terms and conditions of the CAL FIRE Agreement.

SECTION II: DESIGNATION OF FIRE CHIEF
A. The County Fire Chief appointed by the Board of Supervisors, or his/her designee (hereinafter referred to as "Chief"), shall represent COUNTY and CITY during the period of this Agreement and Chief shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit "A", attached hereto and made a part hereof, for the purpose of providing Fire Services as deemed necessary to satisfy the needs of both the COUNTY and CITY, except upon those lands wherein other agencies of government have responsibility for the same or similar Fire Services.

B. The COUNTY will assign an existing Chief Officer as the Fire Department Liaison ("hereinafter referred to as "Fire Liaison"). The Chief may delegate certain authority to the Fire Liaison, as the Chiefs duly authorized designee, and the Fire Liaison shall be responsible for directing the Fire Services provided to CITY as set forth in Exhibit nA".

C. COUNTY will be allowed flexibility in the assignment of available personnel and equipment in order to provide the Fire Services as agreed upon herein.

M ! 2021 C3J~
Cooperstive Fire Agreement
City of Banning
July 1, 2021 to June 30, 2024
1 019 433
SECTION Ill: PAYMENT FOR SERVICES
A. CITY shall annually appropriate a fiscal year budget to support the Fire Services designated at a level of service mutually agreed upon by both parties and as set forth in Exhibit "A" for the term of this Agreement. This Exhibit may be amended in writing by mutual agreement by both parties or when a CITY-requested increase or reduction in services is approved by COUNTY.

B. COUNTY provides fire personnel and services through its CAL FIRE Agreement. In the event CITY desires an increase or decrease in CAL FIRE or COUNTY civil service employees or services assigned to CITY as provided for in Exhibit "A" CITY shall provide one hundred twenty (120) days written notice of the proposed, requested increase or decrease. Proper notification shall include the following: (1) The total amount of increase or decrease; (2) The effective date of the increase or decrease; and (3) The number of employees, by classification, affected by the proposed increase or decrease.

If such notice is not provided, CITY shall reimburse COUNTY for relocation costs incurred by COUNTY because of the increase or decrease, in addition to any other remedies available resulting from the increase or decrease in services. COUNTY is under no obligation to approve ariy requested increase or decrease, and it is expressly understood by the parties that in no event will COUNTY authorize or approve CITY's request to reduce services below the COUNTY Board of Supervisors-approved staffing level for any fire station, or to reduce services to the extent that the services provided under this Agreement are borne by other jurisdictions. COUNTY shall ,render a written decision on whether to allow or deny the increase or decrease within thirty (30) days of the notice provided pursuant to this section.

C. CITY shall pay COUNTY actual costs for 'Fire Services pursuant to this Agreement. COUNTY shall make a claim to CITY for the actual cost of contracted services, pursuant to Exhibit "A," on a quarterly basis. The COUNTY is mandated per Government Code section §51350 for full cost recovery. CITY shall pay each claim, in full, within thirty (30) days after receipt thereof.

D. Any changes to the salaries or expenses set forth in Exhibit "A" made necessary by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represented as set forth in Exhibit "A." The CITY is obligated to expend or appropriate any sum in excess of Exhibit "A" increased by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes. If within thirty (30) days after notice, in writing, from COUNTY to CITY that the actual cost of maintaining the services specified in Exhibit "A" as a result of action by the Legislature, CAL FIRE, or other public agency will exceed the total amount specified therein, and CITY has not agreed to make available the necessary additional funds, COUNTY shall have the right to unilaterally reduce the services furnished under this Agreement by an appropriate amount and shall promptly notify CITY, in writing, specifying the services to be reduced.

Any COUNTY or CAL FIRE personnel reduction resulting solely due to an increase in employee salaries or expenses occurring after signing this Agreement and set forth in Cooperative Fire Agreement
City of Banning
July 1, 2021 to June 30, 2024
2of9 434
Exhibit "A" that CITY does not agree to fund, as described above, shall not be subject to relocation expense reimbursement by CITY. If CITY desires to add funds to the total included herein to cover the cost of increased salaries or services necessitated by actions described in this paragraph, such increase shall be accomplished by an additional appropriation by the City Council of CITY, and an amendment to Exhibit "A" approved by the parties hereto. •
E. Chief may be authorized to negotiate and execute any amendments to Exhibit "A" or Exhibit "C" of this Agreement on behalf of COUNTY as authorized by the Board of Supeivisors. CITY shall designate a "Contract Administrator" who shall, under the supervision and direction of CITY, be authorized to execute amendments to Exhibits "A" or Exhibit "C" on behalf of CITY.

F. _N/A_ [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit "B" are incorporated herein and shall additionally apply to this agreement regarding payment of services. ·
G. ___ [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit "C" are incorporated herein and shall additionally apply to this agreement regarding payment for the Fire Engine Use Agreement.

H. ___ [ ] (Check only If applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit "D" are incorporated herein and shall additionally apply to this agreement regarding payment for Fire Marshall Services.

I. Notwithstanding Paragraph G, as it relates to the Fire Engine Use Agreement herein if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this Agreement regarding payment of services. In the event that a fire engine, owned and maintained by the CITY has a catastrophic failure, the COUNTY Fire Chief may allow use of a COUNTY fire engine, free of charge, up to one hundred twenty (120) days. After the initial one hundred twenty (120) days, a rental fee will be applied to the CITY invoice for use of said COUNTY fire engine. The rental fee shall be Two Thousand Fifty-Five Dollars ($2,055) per day or Fourteen Thousand Three Hundred Eighty-Four Dollars ($14,384) per week.

J. Notwithstanding Paragraph H, as it relates to Fire Marshal services herein, if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this agreement regarding Fire Marshal services. In the event the CITY elects not to use Fire Marshal services outlined in Paragraph H (Exhibit D}, the services must be provided by the COUNTY Office of the Fire Marshal will perform services pursuant to Health and Safety Code section 13146.3 at a cost to the owner as outlined in COUNTY Ordinance No. 671 (Establishing Consolidated Fees For Land Use and Related Functions).

Cooperative Fire Agreement
City of Banning
July 1, 2021 to June 30, 2024
3of9 435
SECTION IV: INITIAL TERM AND AMENDMENT
A. The term of this Agreement shall be from July 1, 2021, to June 30, 2024.

B. One (1) year prior to the date of expiration of this Agreement, CITY shall give COUNTY written notice of whether CITY intends to enter into a new Agreement with COUNTY for Fire Services and, if so, whether CITY intends to request a change in the level of Fire Services provided• under this Agreement
SECTION V: TERMINATION
During the term of this Agreement, this Agreement may only be terminated by the voters of either the COUNTY or the CITY pursuant to Government Code §55603.5.

SECTION VI: COOPERATIVE OPERATIONS
All Fire Services contemplated under this Agreement shall be performed. by both parties to this Agreement working as one unit; therefore, personnel and/or equipment belonging to either CITY or COUNTY may be temporarily dispatched elsewhere from time to time for mutual aid.

SECTION Vil: MUTUAL AID
Pursuant to Health and Safety Code sections 13050 et seq., when rendering mutual aid or assistance, COUNTY may, at the request of CITY, demand payment of charges and seek reimbursement of CITY costs for personnel, equipment use, and operating· expenses as funded herein, under authority given by Health and Safety Code Sections 13051 and 13054. COUNTY, in seeking said reimbursement pursuant to such request of CITY, shall represent the CITY by following the procedures set forth in Health and Safety Code Section 13052. Any recovery of CITY costs, less actual expenses, shall be paid or credited to the CITY, as directed by CITY.

In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code Sections 13051 and 13054 to the officer designated by CITY.

SECTION VIII: SUPPRESSION COST RECOVERY
As provided in Health and Safety Code section 13009, Riverside County Ordinance No. 787, Section 5.E.2., and California Fire Code, COUNTY may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. Additionally, COUNTY may bring action for collection to any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accid~nt, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code section 53150, et seq., as may be amended from time to time. When using CITY equipment and personnel under the terms Cooperative Fire Agreement
City of Banning
July 1, 2021 to June 30, 2024
4of9 436
of this Agreement, COUNTY may bring such actions for collection of costs incurred by CITY and the COUNTY. In such a case CITY appoints and designates COUNTY as its agent in said collection proceedings. In the event of recovery, COUNTY shall apportion the recovered amount via the annual Cost Allocation Plan. This recovery does not include CITY resources outside of this Cooperative Agreement. Those resources would require the CITY to obtain cost recovery directly.

In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code Section 13009 to the officer designated by CITY.

SECTION IX: PROPERTY ACCOUNTING
All personal property provided by CITY and by COUNTY for the purpose of providing Fire Services under the terms of this Agreement shall be marked and accounted for in such a manner as to conform to the standard operating procedure established by the COUNTY for the segregation, care, and use of the respective property of each.

SECTION X: FACILITY
CITY shall provide Fire Station(s), strategically located to provide standard response time within the City of Banning from which fire operations shall be conducted.

If the Fire Station(s) are owned by the CITY, the CITY shall maintain the facilities at CITY's cost and expense. In the event CITY requests COUNTY to undertake repairs or maintenance costs or services, the costs and expenses of such repairs or maintenance shall be reimbursed to COUNTY through the Support Services Cost Allocation, or as a direct Invoice to the CITY.

SECTION XI: INDEMNIFICATION AND HOLD HARMLESS
To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITY, its agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, ag~nts and representatives (collectively, "lndemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the Services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which COUNTY's obligation to indemnify, Including the cost to defend, the lndemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an lndemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.

Cooperative Fire Agreement
City of Banning
July 1, 2021 to June 30, 2024
Sof9 437
To the fullest extent permitted by applicable law, CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "lndemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder, by CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of CITY its officers, employees, subcontractors, agents, or representatives {collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which CITY's obligation to indemnify, including the cost to defend, the lndemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an lndemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.

SECTION XII: AUDIT
A. COUNTY and CITY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto pertaining to the performance of this Agreement. COUNTY and CITY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated or as required by law, and to allow the auditor(s) of the other party access to such records during normal business hours. COUNTY and CITY agree to a similar right to audit records in any subcontract related to performance of this Agreement. (E.g., Gov. Code, §8546.7).

8. Each party shall bear its own costs in performing a requested audit.

SECTION XIII: DISPUTES
CITY shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of CITY, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief that a situation exists under this Agreement in which a decision to serve the interest of CITY has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITY and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposes of this provision, a "reasonable period of time" shall be ten (10) calendar days or less. CITY and COUNTY agree to continue with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITY and COUNTY representatives may be resolved, by mutual agreement of the parties, through mediation. Such mediator will be jointly selected by the parties. The costs associated with mediator shall be shared equally among the participating parties. If the Cooperative Fire Agreement
City of Banning
July 1, 2021 to June 30, 2024
6of9
438
mediation does not resolve the issue(s), or if the parties cannot agree to mediation, the parties reserve the right to seek remedies as provided by law or in equity. The parties agree, pursuant to Battaglia Enterprises v. Superior Court (2013) 215 Cal.App.4th 309, that each of the parties are sophisticated and negotiated this agreement and this venue at arm's length. Pursuant to this Agreement, the parties agree that venue for litigation shall be In the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County.

Any claims or causes of actions, whether they arise out of unresolved disputes as specified In this Section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims made against the COUNTY that involve CAL FIRE employees, to the extent permissible under the COUNTY's contract with CAL FIRE, the claims will be forwarded on to CAL FIRE for processing.

SECTION XIV: ATTORNEYS' FEES
If CITY fails to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available.

In the event of litigation between COUNTY and CITY to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party's costs and expenses, including reasonable attorneys' fees, all of which shall be included in and as a part of the judgment rendered in such litigation.

SECTION XV: DELIVERY OF NOTICES
Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to:

COUNTY OF RIVERSIDE
Riverside County Fire Chief ·
210 West San Jacinto Avenue
Perris, CA 92570

CITY OF BANNING
City Manager
City of Banning
99 East Ramsey Street
Banning, CA 92220-0998
Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery In person shall constitute service hereunder, effective when such service is made.

Cooperative Fire Agreement
City of Banning
July 1, 2021 to June 30, 2024
7of9 439
SECTION XVI: ENTIRE CONTRACT
This Agreement contains the whole contract between the parties for the provision of Fire Services. It may be amended or modified upon the mutual written consent of the parties hereto where in accordance with applicable state law. This Agreement does NOT supplement other specific agreements entered into by both parties for equipment or facilities, and excepting those equipment or facilities agreements, this Agreement cancels and supersedes any previous agreement for the same or similar services. [Signature Provisions on following page]
Cooperative Fire Agreement
City of Banning
July 1, 2021 to June 30, 2024
8of9 440
IN WITNESS, WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written.

CITYO I
By: ~~-+--'---+-------
Do e, City Manager
ATTEST:

By: ~ 9v; u-( .\!\A ,~ y I
~ r ~ r, . r
Caroline Patton, Oeputy City Clerk
(SEAL)
Dated: fJ!t/c9-fJ/r2JJ ~
ATTEST:

KECIA HARPER

COUNTY OF RIVERSIDE
By:;<~J. ~
Chair, Board of Supervisors

KAREN SPIEGEL
APPROVED AS TO FORM:

GREGORY P. PRIAMOS,
County Counsel
Clerkiof I e Board ':')
By: - ~ii,Li&I@ }67 D puty
By: .,··krf- ?--e__..

MELISSA R. CUSHMAN
Deputy County Counsel
(SEAL)
/-': Jat~·R/1.l I Cowll)· p;,_-,,('ontrac, Ci11,s I 'OC/l'HRAm·e AUJIJ,J-J.ff:N1' Tf},.fl'I.A71: ('00/'f:RATn 1'.' ACiRJ:J-J.f/-:NTS 7'FJ.{PJ.,ff/-: C~)(IP/iRAT11"f: AC:RJ:J-}.fl;J(J' !0!I0J/6.Jo,:r Cooperative Fire Agreement
City of Brmning
July 1, 2021 to June 30, 2024
441
EXHIBIT"A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL AND

MEDICAL EMERGENCY FOR THE CITY OF BANNING
DATED JULY 1, 2021 FOR FY2021/2022 THRU FY2023/2024

CITY BUDGETED COST ESTIMATE
FISCAL YEAR 2021/2022
FISCAL YEAR 2021/2023
FISCAL YEAR 2023/2024
TOTAL CITY BUDGET ESTIMATE FOR FY2021/2022 THRU FY2023/2024 $3,267,629
$3,420,551
$3,581,021
$10,269,201
442
STA#20
Medic Engine
STA#89
Medic Engine

SUBTOTALS
EXHIBIT"A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE FIRE MARSHAL AND

MEDICAL EMERGENCY FORT THE CITY OF BANNING
DATED JULY 1, 2021 FOR FY2021/2022 THRU FY2023/2024
*See notation below for estimate assumptions

CAPTAIN CAPTAIN ENGINEER ENGINEER FF II FFII
MEDICS MEDICS MEDICS -------- -------- ---------- ·--------- ------- -------· *O 1 "'O 1 *O 1 "'O 3 *O
225,271 1 396,564 2 347,662 2 599,879
225,271 396,564 347,662 599,879
2 3
SUBTOTAL STAFF 1 2 2 3
FIRE SAFETY SPECIALIST (PCN 00126230) ·

SUBTOTAL
161,564 each
ESTIMATED SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative/Operational (Schedule A) 16,082 per assigned Staff** Volunteer Program (Schedule B)
Medic Program (Schedule C) 10,648
Battalion Chief Support (Schedule D)
ECC Support (Schedule E)
Fleet Support (Schedule F)
Comm/IT Support {Schedule G)
Hazmat Support (Schedule I)

ESTIMATED SUPPORT SERVICES SUBTOTAL

DIRECT CHARGES

28.12 41.21
5,504 Per Entity Allocatlon
Medic FTE and 1,370 per Defib
78,644 .29 FTE per Station
per Call and 18,529 per Station
65,330 per Fire Suppression Equip
per Call and 27, 160 per Station
FIRE ENGINE USE AGREEMENT 36,250 each engine
COOPERATIVE FIRE ENGINE 20 STAFFING SHARE AGREEMENT
*Engine 20 Staffing on separate additional Exhibit "A"
, TOTAL STAFF COUNT

TOTAL ESTIMATED CITY BUDGET
a.o Assigned Staff
TOTALS
·-------.. -
*O 8
1,569,376 8
1,569,376
8 161,564 1
$161,564 9
135,734 8.44
5,504 1
34,684 3
117,966 1.5
163,002
130,661 2
238,896
20,646
847,093
39,763
72,500 2
$577,333
g
$3,267,629

1.5 Fire Stations
4,809 Number of Calls 0.44 Battalion Chief Support
3 Assigned Medic FTE
2 Monitors/Defibs

1.5 Hazmat Stations
11 Number of Hazmat Calls
_SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services Procurement
Finance Emergency Services
Training Fire Fighting Equip.

Data Processing Office Supplies/Equip.

Accounting
Personnel
FY21/22 EXHIBIT "A"

CITY OF BANNING
Page2of7
---8.44 Total Assigned Staff
443
_SUPPORT SERVICES (Fire Cost Allocation Plan) cont.

Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle.

Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services.

Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions
Facility Support - Facility maintenance staff with associated operating costs.

Hazmat Program - Support staff, operating costs, and vehicle replacement FY 21/22 POSITION SALARIES TOP STEP (per assumptions below) 316,514 DEPUTY CHIEF
312,336 DIV CHIEF
263,060 BAT CHIEF
225,271 CAPT
254,658 CAPT MEDIC
198,282 ENG
226,431 ENG/MEDIC
1731831 FF II
199,960 FF II/MEDIC
173,935 FIRE SAFETY SUPERVISOR
161,564 FIRE SAFETY SPECIALIST
141,812 FIRE SYSTEMS INSPECTOR
83,148 OFFICE ASSISTANT Ill
94,600 SECRETARY I
246,798 COUNTY FIRE MARSHAL
179,773 COUNTY DEPUTY FIRE MARSHAL
*Cost Assumptions:
36,250 FIRE ENGINE
161082 SRVDEL
5,504 VOL DEL
10,648 MEDIC FTE
1,370 MEDIC MONITORS/DEFIBS REPLACEMENT
78,644 BATT DEL
18,529 ECC STATION

28.12 ECC CALLS
65,330 FLEET SUPPORT
27,160 COMM/IT STATION

41.21 COMM/IT CALLS
1,442 FACILITY STATION
418.92 FACILITY FTE
4,468 HAZMAT STATION
1,095.74 HAZMAT CALLS
1,891 HAZMAT VEHICLE REPLACEMENT
- All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2021-2022 Dated January 12, 2021 - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2021-22 dated February 2021 - Pre/im - Direct cost of benefits (GOBEN) is based on 1st Qtr AO-17 data. - Estimated Support Services based on previous assumptions with a 2. 5% increase FY 21/22 DIRECT BILL ACCOUNT CODES
520230 Cellular Phone 522340 Station Budgeted Maint-Building and Improvement 520300 Pager Service 522360 Maint-Extermination
520320 Telephone Service 522380 Maint-Critical Systems
520800 Household Expense 522410 Maint-Health & Safety
520805 Appliances 522860 Medical Supplies
520830 Laundry Services 522890 Pharmaceuticals
520840 Household Furnishings 523220 Licenses And Permits 520845 Trash 523680 Office Equip Non Fixed Assets
521380 Maint-Copier Machines 526700 Rent-Lease Building 521440 Maint-Kitchen Equipment 529500 Electricity
521540 Maint-Office Equipment 529510 Heating Fuel
521660 Maint-Telephone 529550 Water
521680 Maint-Underground Tanks 537240 lnterfnd Exp-Utilities 522310 Maint-Building and Improvement 542060 Capital Improvements Facilities FY21/22 EXHIBIT '"A•

CITY OF BANNING
Page3of7 444
STA#20
Medic Engine
STA#89
Medic Engine

SUBTOTALS
EXHIBIT"A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE FIRE MARSHAL AND

MEDICAL EMERGENCY FORT THE CITY OF BANNING
DATED JULY 1, 2021 FOR FY2022/ 2023
*See notation below for estimate assumptions

CAPTAIN CAPTAIN ENGINEER ENGINEER FF II FFII
MEDICS MEDICS MEDICS --------- ------- ·--------- --------- ------- -------· *O 1 *O t -*O 1 *O 3 *O
236,535 1 416,393 2 365,045 2 629,873
236,535 416,393 365,045 629,873
SUBTOTAL STAFF 1 2 2
FIRE SAFETY SPECIALIST (PCN 00126230)

SUBTOTAL
164,796 .each
ESTIMATED SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative/Operational (Schedule A) 16,886 per assigned Staff ** Volunteer Program (Schedule B) 5,779 Per Entity Allocation Medic Program (Schedule C) 11, 180 Medic FTE and 1,439 per Defib Battalion Chief S~pport (Schedule D) 82,576 .29 FTE per Station ECC Support {Schedule El 29.52 per Calls and 19,455 per Station Fleet Support (Schedule F) 68,597 per Fire Suppression Equip Comm/IT Support (Schedule G) 43.27 per Calls and 28,518 per Station Hazmat Support (Schedule I)

ESTIMATED SUPPORT SERVICES SUBTOTAL

DIRECT CHARGES
FIRE ENGINE USE AGREEMENT 36,250 each engine
COOPERATIVE FIRE ENGINE 20 STAFFING SHARE AGREEMENT
*Engine 20 Staffing on separate additional Exhibit "A"

TOTAL STAFF COUNT

TOTAL ESTIMATED CITY BUDGET
2 3
3 B.O Assigned Staff
TOTALS
----------
*O 8
1,647,845 8
1,647,845
8 164,796 1
$164,796 9
142,521 8.44
. 5,779 1
36,418 3
123,865 1.5
171,152
137,194 2
250,840
21,679
889,448
39,763
72,500 2
$606,199
9 $3,420,551

1.5 Fire Stations
4,809 Number of Calls 0.44 Battalion Chief Support
3 Assigned Medic FTE
2 Monitors/Defibs

1.5 Hazmat Stations
11 Number of Hazmat Calls
SUPPORT SERVICES_{Fire Cost Allocation Plan)
Administrative & Operational Services Procurement
Finance Emergency Services
Training Fire Fighting Equip.

Data Processing Office Supplies/Equip.

Accounting
Personnel
FY21l22 EXHIBIT "A"

CITY OF BANNING
P~ge4 of7
--- ** 8.44 Total Assigned Staff
445
SUPPORT SERVICES_(_Fire Cost Allocation Plan) cont.

Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services.

Hazmat Program - Support staff, operating costs, and vehicle replacement FY 22/23 POSITION SALARIES TOP STEP (per assumptions below) 332,340 DEPUTY CHIEF 36,250 FIRE ENGINE
327,953 DIV CHIEF 16,886 SRVDEL
276,213 BAT CHIEF 5,779 VOL DEL
236,535 CAPT 11, 180 MEDIC FTE
267,391 CAPT MEDIC 1,439 MEDIC MONITORS/DEFIBS REPLACEMENT 208, 196 ENG 82,576 BA TT DEL
237,752 ENG/MEDIC 19,455 ECC STATION
182,523 FF II 29.52 ECC CALLS
209,958 FF II/MEDIC 68,597 FLEET SUPPORT
177,414 FIRE SAFETY SUPERVISOR 28,518 COMM/IT STATION
164,796 FIRE SAFETY SPECIALIST 43.27 COMM/IT CALLS
144,649 FIRE SYSTEMS INSPECTOR 1,514 FACILITY STATION
84,811 OFFICE ASSISTANT Ill 439.86 FACILITY FTE
96,492 SECRETARY I 4,691 HAZMAT STATION
251,734 COUNTY FIRE MARSHAL 1,150.52 HAZMAT CALLS
183,369 COUNTY DEPUTY FIRE MARSHAL 1,986 HAZMAT VEHICLE REPLA_CEMENT *Cost Assumptions:
- All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2021-2022 Dated January 12, 2021 - Benefits and Admin Fee based on Staff Benefit Rate Matnx FY 2021-22 dated February 2021 - Prelim - Direct cost of benefits (GOBEN) is based on 1st Qtr A0-17 data. - Projected increase of 5% to Safety & 2% Non-Safety Staff and 5% Support Setvices from previous FY21/22.

FY 22/23 DIRECT BILL ACCOUNT CODE
520230
520300
520320
520800
520805
520830
520840
520845
521380
521440
521540
521660
521680
522310
Cellular Phone
Pager Service
Telephone Service
Household Expense
Appliances
Laundry Services
Household Furnishings
Trash
Maint-Copier Machines
Maint-Kitchen Equipment
Maint-Office Equipment
Maint-Telephone
Maint-Underground Tanks
Maint-Building and Improvement
522340
522360
522380
522410
522860
522890
523220
523680
526700
529500
529510
529550
537240
542060
Station Budgeted Maint-Building and Improvement
Maint-Exterrn ination
Maint-Critical Systems
Maint-Health & Safety
Medical Supplies
Pharmaceuticals
Licenses And Permits
Office Equip Non Fixed Assets
Rent-Lease Building
Electricity
Heating Fuel
Water
lnterfnd Exp-Utilities
Capital Improvements Facilities
FY21/22 EXHIBIT "A.,

CITY OF BANNING

Page 5 of 7 ends

STA#20
Medic Engine
STA#89
Medic Engine

SUBTOTALS
EXHIBIT 11A11

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE FIRE MARSHAL AND

MEDICAL EMERGENCY FORT THE OTY OF BANNING
DA TED JULY 1, 2021 FOR FY2023/2024
*See notation below for estimate assumptions
CAPTAIN CAPTAIN ENGINEER ENGINEER FF ll FFII
MEDICS MEDICS -~l=QtQ§. ----·--- -------- ---------· ---------- ------- *O 1 *O 1 *O 1 *O 3 *O
248,361 1 437,212 2 383,297 2 661,367
248,361 437,212 383,297 661,367
SUBTOTAL STAFF 1 2 2
FIRE SAFETY SPECIALIST (PCN 00126230)

SUBTOTAL
168,091 each
ESTIMATED SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative/Operational (Schedule A) 17, 731 per assigned Staff ** Volunteer Program (Schedule B) 6,068 Per Entity Allocation Medic Program (Schedule C) 11,739 Medic FTE and 1,511 per Defib Battalion Chief Support (Schedule D) 86,705 .29 FTE per Station ECC Support (Schedule E) 31.00 per Calls and 20,428 per Station Fleet Support (Schedule F) 72,027 per Fire Suppression Equip Comm/IT Support (Schedule G) 45.43 per Calls and 29,944 per Station Hazmat Support (Schedule I)

ESTIMATED SUPPORT SERVICES SUBTOTAL

DIRECT CHARGES
FIRE ENGINE USE AGREEMENT 36,250 each engine
COOPERATIVE FIRE ENGINE 20 STAFFING SHARE AGREEMENT
*Engine 20 Staffing on separate additional Exhibit "A"

TOTAL STAFF COUNT

TOTAL ESTIMATED CITY BUDGET
2 3
3 8.0 Assigned Staff
TOTALS
----------
*O 8
1,730,238 8
1,730,238
8 168,091
$168,091 9
149,647 8.44
6,068 1
38,239 3
130,058 1.5
179,710
144,054 2
263,382
22,763
933,921
39,763
72,500 2
$636,509
9 $3,581,021

1.5 Fire Stations
4,809 Number of Calls 0.44 Battalion Chief Support
3 Assigned Medic FTE
2 Monitors/Defibs

1.5 Hazmat Stations
11 Number of Hazmat Calls
SUPPORT SERVICES !Fire Cost Allocation Plan)
Administrative & Operational Services Procurement
Finance Emergency Services
Training Fire Fighting Equip.

Data Processing Office Supplies/Equip.

Accounting
Personnel
FY21/22 EXHIBIT "A"

CITY OF BANNING
Page6of7
--- *" 8.44 Total Assigned Staff
447
SUPPORT SERVICES !fire Cost Allocation Plan} cont.

Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services.

Hazmat Program - Support staff, operating costs, and vehicle replacement FY 23/24 POSITION SALARIES TOP STEP (per assumptions below) 348,957 DEPUTY CHIEF 36,250 FIRE ENGINE
344,350 DIV CHIEF 17,731 SRVDEL
290,023 BAT CHIEF 6,068 VOL DEL
248,361 CAPT 11,739 MEDIC FTE
280,761 CAPT MEDIC 1,511 MEDIC MONITORS/DEFIBS REPLACEMENT 218,606 ENG 86,705 BATT DEL
249,640 ENG/MEDIC 20,428 ECC STATION
191,649 FF II 31.00 ECC CALLS
220,456 FF II/MEDIC 72,027 FLEET SUPPORT
180,962 FIRE SAFETY SUPERVISOR 29,944 COMM/IT STATION
168,091 FIRE SAFETY SPECIALIST 45.43 COMM/IT CALLS
147,542 FIRE SYSTEMS INSPECTOR 1,590 FACILITY STATION
86,507 OFFICE ASSISTANT Ill 461.86 FACILITY FTE
98,422 SECRETARY I 4,926 HAZMAT STATION
256,769 COUNTY FIRE MARSHAL 1,208.05 HAZMAT CALLS
187,036 COUNTY DEPUTY FIRE MARSHAL 2,085 HAZMATVEHICLE REPLACEMENT *Cost Assumptions:
- All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2021-2022 Dated January 12, 2021 - Benefits and Admin Fee based on staff Benefit Rate Matrix FY 2021-22 dated February 2021 - Prelim - Direct cost of benefits (COBEN) is based on 1st Qtr AO-17 data. - Projected increase of 5% to Safety & 2% Non-Safety Staff and 5% Support Services from previous FY22/23.

FY 23124 DIRECT BILL ACCOUNT CODE
520230 Cellular Phone
520300 Pager Service
520320 Telephone Service
520800 Household Expense
520805 Appliances
520830 Laundry Services
520840 Household Furnishings
520845 Trash
521380 Maint-Copier Machines
521440 Maint-Kitchen Equipment
521540 Maint-Office Equipment
921660 Maint-Telephone
521680 Maint-Underground Tanks
522310 Maint-Building and Improvement
522340
522360
522380
522410
522860
522890
523220
523680
526700
529500
529510
529550
537240
542060
FY21/22 EXHIBIT •A•

CITY OF BANNING

Page 7 ends

Station Budgeted Maint-Building and Improvement
Maint-Extermination
Maint-Critical Systems
Maint-Health & Safety
Medical Supplies
Pharmaceuticals
Licenses And Permits
Office Equip Non Fixed Assets
Rent-Lease Building
Electricity
Heating Fuel
Water
lnterfnd Exp-Utilities
Capital Improvements Facilities
448
EXHIBIT "C"

TO THE COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL

AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF BANNING
DATED JULY 1, 2021
Station 20

PAYMENT FOR SERVICES

ADDITIONAL SERVICES

FIRE ENGINE USE AGREEMENT
Engine E20, RCO No. 16-847
Station 89
Engine E89, RCO No. 07-815
$36,250.00
$36,250.00
$72,500.00
The Fire Engine Use Agreement is utilized in the event that a fire engine(s) which was initially purchased by the CITY, and then the CITY elects to have the COUNTY take responsibility of said fire engine(s). The Fire Engine Use Agreement guarantees the CITY the use of this fire engine(s), the COUNTY network of equipment, and resources of the COUNTY.

This fire engine(s) shall be used as an integrated unit for Fire Services as set forth in this Cooperative Agreement between the COUNTY and CITY, and shall be stationed primarily in the CITY. The change in ownership of the fire engine does not waive or supersede any responsibilities of the CITY pursuant to this agreement. This exhibit is strictly to further detail for the CITY, the responsibilities and costs associated within the Cooperative Agreement between the COUNTY and CITY; therefore, the Fire Engine Use Agreement is inseparable.

The CITY will have the option of transferring title of said fire engine(s) to the COUNTY. If the CITY transfers title of said fire engine(s) to the County, the County will take ownership of the said fire engine(s), and the County will maintain insurance on said fire engine(s). If the CITY opts to maintain ownership and title of said fire engine(s), the CITY will maintain insurance on said fire engine(s). Proof of Insurance is to be provided to the COUNTY.

Exhibit "C"

CITY OF BANNING

Page 1 of 2 ends

The COUNTY will ensure a working fire engine(s) is available for the CITY at all times under this agreement. All capital improvements and/or betterments to the fire engine(s) listed above, will be the responsibility and paid for by the owner of said fire engine(s). All other maintenance and repairs to the fire engine(s) listed above, will be the responsibility and paid for by the COUNTY under this Agreement.

When the Riverside County Fire Department Fleet personnel determine the fire engine(s) listed above is due for replacement, the COUNTY will purchase a new fire engine(s); and, the owner of the old fire engine(s) may survey said fire engine(s) or reallocate as a second roll response fire engine.

The annual cost for this service is calculated at 1 /20 of the replacement cost. The current replacement cost is $725,000. If this Agreement is entered into midyear, the annual cost will be prorated accordingly.

The CITY may opt out of this Agreement at any time in writing and the costs will be prorated accordingly by fiscal year. No refunds will be provided for any prior payments. If the fire engine{s) have been titled to the COUNTY and the fire engine(s) are still within their useful life cycle, the ownership will not revert back to the CITY unless the entire Cooperative Agreement is terminated.

Exhibit "C"

CITY OF BANNING
Page2 of2 450
EXHIBIT "D"

TO THE COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, FIRE MARSHAL, RESCUE

AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF BANNING
DATED JULY 1, 2021

PAYMENT FOR ADDITIONAL SERVICES

OFFICE OF THE FIRE MARSHAL AGREEMENT
The Fire Marshal Agreement is utilized in the event a CITY elects to fund locally direct COUNTY Fire Marshal personnel at the CITY to perform the duties of the Office of the Fire Marshal. These duties include:

For conformance with applicable laws, codes and regulations concerning fire protection and life safety -
• Review Planning and Development Cases for the CITY
• Review and Inspection of construction development for the CITY • State mandated Fire/Life Safety Inspections in accordance with Health and Safety Code 13146.1, 13146.2, 13146.3, 13217 and 13235
• Review, Permitting and Inspection of Special Events
• Investigation of fire safety complaints
• Meeting with development applicants and customers
Administrative activities -
• Creation and maintenance of forms for review and inspection of construction development and fire/life safety inspections.
• Provide information to customers on CITY Ordinances and Standards for construction
• Creation and maintenance of Information Bulletins, Technical Policies and Standards for Fire Protection in the CITY
• Provide recommendations on updating CITY Ordinances and Standards in regards to fire/life safety
In the event CITY desires an increase in the Office of the Fire Marshal duties services provides, CITY shall provide sixty (60) days written notice of the proposed increase in services. COUNTY is under no obligation to approve any requested increase.

COUNTY shall render a written decision on whether to allow or deny the increase within thirty (30) days of the notice provided pursuant to this section.

It is the CITY responsibility to provide funding for all direct operating supplies for each position in accordance with COUNTY requirements and/or standards. These supplies include, but are not limited to:
• Vehicle and regular maintenance
• Training
• Office space, furniture, Code & Standard reference books, and general & field supplies
Exhibit "D"

CITY OF BANNING

Page 1 ends

451
• All IT and Communication tools (such as cell phone, computer, etc.) • Uniform costs
All costs including salaries and benefits will be included in each quarterly invoice as outlined in the Cooperative Agreement.

The CITY may opt out of this Exhibit and eliminate funding for locally direct COUNTY Fire Marshal personnel at the CITY in writing with a minimum notice of one hundred and twenty (120) days. The costs will be prorated accordingly by services provided and fiscal year:

It is the responsibility of the CITY to obtain cost recovery for the Fire Marshal services provided by these personnel for the CITY.

F:\dsta\RRU County Finance\Contract Cities\EXHIBIT D - Fire Marshal Services\Exhibit D. Banning 20190103.docx Exhibit "D"

CITY OF BANNING

Page 2 ends

452

PROUDLY SERVING THE

UNINCORPORATED AREAS

OF RIVERSIDE COUNTY
AND THE cmES OF:

BANNING

BEAUMONT

CANYON LAKE

COACHELLA

DESERT HOT SPRINGS

EASTVALE

INDIAN WELLS
INDIO

JURUPA VALLEY

LAKE ELSINORE

LA QUINTA

MENIFEE

MORENO VALLEY
NORCO

PALM DESERT
PERRIS

RANCHO MIRAGE

RUBIDOUX CSD

SAN JACINTO

TEMECULA

CANYON LAKE

BOARD OF
SUPERVISORS:

KEVIN JEFFRIES
DISTRICT 1

KAREN SPIEGEL
DISTRICT2

CHARLES WASHINGTON
DISTRICT3
V. MANUEL PEREZ
DISTRICT4

JEFF HEWITT
DISTRICT5

CAL FIRE - RIVERSIDE UNIT

RIVERSIDE COUNTY FIRE DEPARTMENT
Bill Weiser- Fire Chief
210 West San Jacinto Avenue, Perris, CA 92570-1915
Bus: (951) 940-6900 Fax: (951) 940-6373 www.rvcfire.org August 20, 2021
To: Douglas Schulze, City Manager
City of Banning
From: Letty Morales
Administrative Services Analyst
Riverside County Fire Department
Re: Cooperative Agreement and Form 11 with the City of Banning Enclosed is a fully executed original Cooperative Agreement to provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Banning.

This agreement expires June 30, 2024. I have calendared January 1, 2024 to begin renewal process again.

Thank you,
cfr.mua~
Letty Morales
(951) 940-6778
453
454
FROM:

SU BM ITT AL TO THE BOARD OF SUPERVISORS

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
ITEM: 3.15
(ID# 15232)
MEETING DATE:

Tuesday, June 22, 2021
FIRE DEPARTMENT:

SUBJECT: FIRE DEPARTMENT: Approval of the Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services between the County of Riverside and the City of Banning for three (3) years, District 5. [$10,269,201 - 100% Contract Revenue]
RECOMMENDED MOTION: That the Board of Supervisors:

1. Approve the attached Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Banning; and

2. Authorize the Chair of the Board to execute this Cooperative Agreement on behalf of the County; and

3. Authorize the Fire Chief to negotiate and execute any amendments to the Exhibit "A" and Exhibit "C" of this Agreement, subject to review and approval as to form by County Counsel.

ACTION:
6/2/2021

MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Perez, seconded by Supervisor Jeffries and duly carried by unanimous vote, IT WAS ORDERED that the above matter is approved as recommended .

Ayes:

Nays:

Absent:

Date:
xc:

Page 1 of 3 ends

Jeffries, Spiegel, Washington, Perez, and Hewitt
None Kecia R. Harper
~~n': 22, 2021 ~~e~-)0 FIRE epu y
ID# 15232 3.15
455
456

SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

ST A TE OF CALIFORNIA
FINANCIAL DATA Current Fiscal Year: Next Flacal Year: Total Cost: Ongoing Cost COST $ NIA $ 3,267,629 --
NET COUNTY COST $ NIA $ NIA
SOURCE OF FUNDS: Contract revenue from the City of
Banning subject to annual cost increase.

C.E.O. RECOMMENDATION: Approve
BACKGROUND:

Summary
$ 10,269,201 $ NIA
$ NIA $ NIA
Budget Adjustment: No
For Fiscal Year: 21122-23124
The City of Banning desires to continue contracting for Fire Protection Services with the Riverside County Fire Department, and as such, the two agencies have reached an agreement as to the level of service to be provided to the City. There were no changes in the Agreement's level of staffing since the previous signed Agreement in FY18/19. The term of this agreement is July 1, 2021 through June 30, 2024. The total estimated contract revenue will be received annually to cover the full contract costs; with FY21/22 estimated at $3,267,629, FY22/23 estimated at $3,420,551 and FY23/24 estimated at $3,581,021. The revenue is subject to increase and/or decrease based on fiscal year end reconciliation of support services with actual costs to be adjusted on the 4th Quarter Invoice sent out in August following the fiscal year close.

The City of Banning approved the Cooperative Agreement during the May 25, 2021, City Council Meeting.

The agreement has been reviewed and approved as to form by County Counsel.

Impact on Residents and Businesses
There are no changes in the Agreement; therefore, there will be no impact on businesses or citizens of the City of Banning due to the renewal of this agreement. However, the language in the Agreement does state that the City may request an increase or decrease of employees or services assigned to the City with one hundred twenty (120) days' written notice to the County.

All requests for changes will be evaluated by the designated Chief Officer and/or County Fire Chief to ensure that the levels of service provided to the Community are at or above the minimum standard requirements. Any concerns will be discussed with the City Representative.

SUPPLEMENTAL:

Additional Fiscal lnfonnation
This contract has no general fund impact. Fire estimates receiving $3,267,629 for FY21 /22, $3,420,551 for FY22/23 and $3,581,021 for FY23/24, in revenue. The estimated contract increase from FY20/21 to FY21/22 Cost Estimate is 0.99%. This increase is due to various rate increases from the State Cooperative Agreement and the County cost increases in direct Fire

Page 2 of 3 ends

457
458

SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA
Marshal Services and general operating costs. Contract revenue from the City of Banning is subject to annual cost increase. There were no changes in the Agreements level of staffing since the previous signed Agreement in FY 18/19.

Contract History and Price Reasonableness
The City of Banning has been contracting for Riverside County Fire Service since 1998. The current contract with the City of Banning was approved by the Board of Supervisors on Jun 11 , 2019, Item #3.12. Since that time, the CalFire Cooperative rates decreased by 24.59% in FY20/21 and were realized by the City of Banning in the previous contract period. The estimated contract increase from FY20/21 to FY21/22 Cost Estimate is 0.99%. This increase is due to various rate increases from the State Cooperative Agreement and the County cost increases in direct Fire Marshal Services and general operating costs. Contract revenue from the City of Banning is subject to annual cost increase. There were no changes in the Agreement's level of County staffing since the previous signed Agreement dated June 11, 2019, Item #3.12.
6/3/2021 Cherilyn Willi 6/9/2021
6/3/2021

Page 3 of 3 ends

459
460
FROM:

SUBMITTAL TO THE BOARD OF SUPERVISORS
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 0
ITEM: 3.18
(ID# 24318)
MEETING DATE:

Tuesday, April 02, 2024
FIRE DEPARTMENT:

SUBJECT: FIRE DEPARTMENT: Approval of the First Amendment to the Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Banning for an additional one (1) year. District 5 [Total Cost $8,490,781 100% Contract Revenue]
RECOMMENDED MOTION: That the Board of Supervisors:

1. Approve the attached First Amendment to the Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Banning; and

2. Authorize the Chair of the Board to execute this Cooperative Agreement on behalf of the County; and

3. Authorize the Chief Deputy to negotiate and execute any amendments to the Exhibit "A" and Exhibit "C" of this Agreement as approved-as-to-form by County Counsel.

ACTION:
3/12/2024

MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Spiegel, seconded by Supervisor Gutierrez and duly carried by unanimous vote, IT WAS ORDERED that the above matter is approved as recommended.

Ayes:

Nays:

Absent:

Date:
xc:

Page 1 of 3 ends

Jeffries, Spiegel, Washington, Perez and Gutierrez
None
None
April 2, 2024
r
ID# 24318
Kimberly A. Rector
Clerk of the Board
By:lhat:tDe /6 ty

3.18 461

SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA
FINANCIAL DATA Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost COST $ 4,146,872 $ 4,343,909 $ 8,490,781 $ N/A
NET COUNTY COST $ NIA $ NIA $ N/A $ N/A
SOURCE OF FUNDS: 100 %Contract revenue from the City of Budget Adjustment: No Banning subject to annual cost increase.

For Fiscal Year: 23/24-24/25
C.E.O. RECOMMENDATION: Approve
BACKGROUND:

Summary
The City of Banning requested an amendment to their cooperative agreement which was approved by the Board of Supervisors on June 22, 2021, Item #3.15. The amendment will extend the cooperative agreement to June 30, 2025, and add one (1) Fire Safety Supervisor.

The cooperative agreement will extend an additional year of fire services for the City of Banning.

The total estimated contract revenue received will cover the full contract costs for the additional years; with FY 23/24 estimated at $4,146,872 and FY 24/25 estimated at $4,343,909. The revenue is subject to increase and/or decrease based on fiscal year end reconciliation of support services with actual costs to be adjusted on the 4 th Quarter Invoice sent out in August
following the fiscal year close.

The City of Banning approved the 1
st Amendment to the Cooperative Agreement during the
December 12, 2023, City Council Meeting.

The First Amendment to the Cooperative Agreement has been reviewed and approved as to form by County Counsel.

Impact on Residents and Businesses
There is no impact on businesses or citizens of the City of Banning due to the renewal of this agreement. However, the language in the Agreement does state that the City may request an increase or decrease of employees or services assigned to the City with one hundred twenty (120) days' written notice to the County. All requests for changes will be evaluated by the designated Chief Officer and/or County Fire Chief to ensure that the levels of service provided to the Community are at or above the minimum standard requirements. Any concerns will be discussed with the City Representative.

SUPPLEMENTAL:

Additional Fiscal Information
This contract has no general fund impact. Fire estimates receiving $4,146,872 for FY 23/24 and $4,343,909 for FY 24/25 in revenue. Contract revenue from the City of Banning is subject to annual cost increases. Since the current Cooperative Agreement was approved on June 22,

Page 2 of 3 ends

462

SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA
2021, Item #3.15, the City of Banning has decided to add one (1) Fire Safety Supervisor position.

Contract History and Price Reasonableness
The City of Banning has been contracting for Riverside County Fire Service since 1991.

Contract revenue from the City of Banning subject to annual cost increase. Since the current Cooperative Agreement was approved on June 22, 2021, Item #3.15, the City of Banning has decided to add one (1) Fire Safety Supervisor position.

Page 3 of 3 ends

Meli�'R.. c� 2/21/2024 Melissa Cushman /14/2024
3/25/2024 Michelle Paradise, ACEO 3/25/2024
ID# 24318 3.18
463
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL

AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF BANNING
THIS AMENDMENT NO. 1 to that certain Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services for the City of Banning dated June 22, 2021 ("Agreement"), is made and entered into this 12th day of December, 2023, by and between the County of Riverside, a political subdivision of the State of California, on behalf of the Fire Department, (hereinafter referred to as "COUNTY") and the City of Banning, a duly created city (hereinafter referred to as "CITY"). And hereinafter may collectively be referred to as the "Parties".

SECTION I: PURPOSE
A. The COUNTY has contracted with the CITY, individually pursuant to that the Agreement to provide fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists for the CITY.

8. The CITY desires to increase staffing under the Agreement through the addition of a Fire Safety Supervisor.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1, the Parties mutually agree follows:

SECTION II: TERM AND MODIFICATION OF SERVICES
The term of the Agreement is hereby extended to June 30, 2025 and shall be subject to the Parties' approval of extensions thereafter. The Parties will work together to determine the need for an extension of the Agreement prior to the start of the FY 2025/26 budget process. County shall increase staffing under the agreement by adding a Fire Safety Supervisor.

SECTION 111- INDEMNIFICATION
The indemnification provisions as provided in the Agreement shall apply to this Amendment No. 1.

SECTION IV: DEUVERY OF NOTICES
All notices permitted or required under the Agreement shall be given to the 464
respective parties may provide in writing for this purpose.

COUNTY OF RIVERSIDE
County Fire Chief
210 W. San Jacinto Ave.

San Jacinto, CA 92570

CITY OF BANNING
City Manager
99 E. Ramsey
Banning, CA 92220
Any notice required to be given under the Agreement to either Party shall be given by personal delivery or be depositing such notice in the U.S. mail to the address listed, certified with return receipt requested, and pre-paid postage affixed. Such notice shall be deemed made when personally delivered or when mailed. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of method of service.

SECTION VIII. GENERAL PROVISIONS
A ALTERATION OF TERMS.

No addition to, or alteration of, the terms of this Amendment No. 1, whether by written or verbal understanding of the Parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to the Agreement, which is formally approved and executed by all Parties.

B. JURISDlCTION AND VENUE.

This Amendment No. 1 is to be construed under the laws of the State of California. The Parties agree to the jurisdiction of the appropriate courts in the County of Riverside, State of California.

C. WAIVER.

Any waiver by any of the Parties, separately or collectively, of any breach of any one or more of the terms of this Amendment No. 1 shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of the Parties to require exact, full and complete compliance with any terms of this Amendment No. 1 shall not be construed as in any manner changing the terms hereof, or estopping the CITY or COUNTY from enforcement hereof.

D. SEVERABILITY.

If any provision in this Amendment No. 1 is held by a court of competent 465
jurisdiction to be invalid, void or unenforceable, the remaining provIsIons will nevertheless continue in full force without being impaired or invalidated in any way.

E. ADMINISTRATION

1. The COUNTY Fire Chief shall administer this Amendment No. 1 on behalf of the County of Riverside.

2. The CITIY's City Manager shall administer this Amendment No. 1 on behalf of its own City.

F. ENTIRE AGREEMENT
This Amendment No. 1 is intended by the Parties hereto as a final expression of their understanding, with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect.

G. COUNTERPART AND ELECTRONIC SIGNATURES
This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party ("electronic signature"). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Amendment No. 1 and such other documents transmitted by the Parties. [Signature Provisions on following page]
466
IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written.

CITY OF BANNING
Mayor
City of Banning
;·'
ATTEST:

Caroline Patton, M�ty Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:
��-
Serita R. Young, City Attorney
Richards, Watson & Gershon
APR O 2 2024 ) 0 \ i

COUNTY OF RIVERSIDE
Chairperson, CHUCK W� HIN
Board of Supervisors
Ai

KIMBERLY
l™1=: A. RECTOR, Clerk
By��-

APPROVED AS TO FORM AND
LEGAL CONTENT:
(SEAL)
467
RESOLUTION 2023-195

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

AMENDING THE COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY TO

PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL

EMERGENCY SERVICES FOR THE CITY OF BANNING
WHEREAS, the City of Banning and the County of Riverside have entered into A Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services for the City of Banning ("Agreement") dated June 22, 2021; and
WHEREAS, the City desires to amend the Agreement by increasing the staffing levels provided by the County under the Agreement to include a Fire Safety Supervisor; and WHEREAS, the City intends to adopt fees at a future date to support the proposed increased staffing levels.

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

SECTION 1. The City Council hereby approves Amendment No. 1 to the Agreement, attached hereto as Exhibit A, and authorizes the City Manager to execute Amendment No. 1 on behalf of the City Council.

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

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

PASSED, APPROVED AND ADOPTED this 12th day of December 2023.

ATTEST:
aroline Patton, Adm1
City of Banning
Resolution 2023-195

Page 1 of 4 ends

468

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
Resolution 2023-195

Page 2 of 4 ends

469
CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2023-195, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of December 2023 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Minjares, Sanchez, and Wallace.

Flynn.
0Cfilot.0 u 00),-::::,�- Caroline Patton, Ad�ative City Clerk City of Banning, California
Resolution 2023-195

Page 3 of 4 ends

470
Exhibit A
Amendment No. 1 to Fire Services Contract with Riverside County Resolution 2023-195

Page 4 of 4 ends

471

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
THIS AGREEMENT ("Agreement") was made and entered into this day 2.'o-4-k of ---+-Jf-"-=-L><C.:,,,:c__ ___ , 2024, by and between the County of Riverside, a political subdivi ion of the State of California, on behalf of its Fire Department (hereinafter referred to as "COUNTY"), and the City of Banning and the City of Beaumont, duly created cities (hereinafter each a "CITY" and collectively as "CITIES"). COUNTY and CITIES hereinafter may also collectively be referred to as the "Parties." SECTION I: PURPOSE
A The COUNTY has contracted with the City of Banning individually pursuant to that certain Cooperative Agreement to provide fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists for the City of Banning, dated June 22, 2021, by and between the City of Banning and the County of Riverside, as amended (the "Banning Cooperative Agreement").

B. The COUNTY has contracted with the City of Beaumont individually pursuant to that certain Cooperative Agreement to provide fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists for the City of Beaumont, dated June 29, 2021, by and between the City of Beaumont and the County of Riverside (the "Beaumont Cooperative Agreement").

C. The CITIES and COUNTY desire to enter into a cost sharing agreement for one (1) fire engine company that will be of mutual benefit for all involved agencies.

The CITIES and COUNTY agree that the current fire engine company provides service to the City of Banning as well as to the City of Beaumont and unincorporated territory of the County.

D. The CITIES and COUNTY desire that each party pay one-third (113) of the fire engine staffing costs.

II
II
II
COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20

CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
1 of 9
472
NOW, THEREFORE, IT IS AGREED as follows:

SECTION II: COOPERATIVE OPERATIONS
Emergency Responses: The fire engine shall be dispatched, when available, to all emergencies within the jurisdictions of the CITIES and COUNTY.

SECTION Ill: COST SHARE
The Parties agree the cost of the fire engine shall be billed to CITIES by the COUNTY within the normal quarterly billing pursuant to the CITIES' respective Cooperative Agreement and the cost will be shown as a line item on that bill. The total amount due under this Agreement by each party will be invoiced on a pro-rata share basis on each party's respective quarterly billing. The CITIES will receive an estimated cost of the fire engine staffing based on the top step salaries of the personnel assigned to the fire engine 20, at the first of the fiscal year. The cost pool of the fire engine staffing costs shall consist of the salaries, benefits, administrative costs of Full Time Employees, and Medic Support Services costs of One (1) Fire Captain, One (1) Fire Apparatus Engineer, One (1) Fire Apparatus Paramedic, Two (2) Firefighter Paramedics, and Three (3) Firefighters.

In the event that the City of Banning secures and receives money from additional funding sources which it allocates to the services described herein, City of Banning shall give COUNTY notice within thirty (30) days, or within a reasonable time thereof, of the amount received. COUNTY will seek reimbursement on behalf of the COUNTY and the City of Beaumont by separate invoice.

SECTION IV: TERM
The term of this Agreement shall be from July 1, 2024, to June 30, 2029. Any party to this Agreement may terminate this Agreement by providing a written notice of termination to the other parties hereto no less than one (1) year prior to the expiration of the term hereof. If such notice is given unilaterally by COUNTY, except any notice issued because of actions of CAL FIRE or CITIES, COUNTY agrees to continue to provide Fire Services to CITIES until such time as CITIES have a reasonable opportunity to implement alternative Fire Services. In no event shall this Agreement be terminated by any party after June 30, 2027.

The City of Banning agrees to continue to seek alternative funding sources for fire protection services
SECTION V: INDEMNIFICATION, AUDIT, DISPUTES, & ATTORNEY'S FEES To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITIES, their agencies, COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20

CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
2 of9
473
districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "City lndemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "County Liabilities"). Notwithstanding the foregoing, the only County Liabilities with respect to which COUNTY's obligation to indemnify, including the cost to defend, the lndemnitees does not apply is with respect to County Liabilities resulting from the negligence or willful misconduct of a City lndemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.

To the fullest extent permitted by applicable law, but subject to the limits in this paragraph, each CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "County lndemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder by the respective CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of the respective CITY, its officers, employees, subcontractors, agents, or representatives (collectively, "City Liabilities"). No CITY shall be required to indemnify, protect, defend and hold harmless County lndemnitees for the acts or omissions of another CITY giving rise to City Liabilities in that other City pursuant to this Agreement. Furthermore, and notwithstanding the first sentence of this paragraph, the City Liabilities with respect to which each CITY's obligation to indemnify, including the cost to defend, the County lndemnitees does not apply with respect to City Liabilities resulting from the negligence or willful misconduct of a County lndemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement." SECTION VI. OWNERSHIP OF THE FIRE ENGINE
The COUNTY owns fire engine 20, and the City of Banning will pay the engine maintenance costs as set forth in the fire engine use agreement through the cost allocation plan as outlined in the "Banning Cooperative Agreement." COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20

CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
3 of 9
474
SECTION VII: DELIVERY OF NOTICES
All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other addresses as the respective parties may provide in writing for this purpose.

CITY OF BANNING
City Manager
99 East Ramsey Street
Banning, CA 92220-0998

CITY OF BEAUMONT
City Manager
550 East 6th Street
Beaumont, CA 92223

COUNTY OF RIVERSIDE
County Fire Chief
210 West San Jacinto Avenue
Perris, CA 92570
Any notice required to be given hereunder to either party shall be given by personal delivery or be depositing such notice in the U.S. mail to the address listed, certified with return receipt requested, and pre-paid postage affixed. Such notice shall be deemed made when personally delivered or when mailed. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of method of service.

SECTION VIII. GENERAL PROVISIONS
A. ALTERATION OF TERMS
No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the Parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement, which is formally approved and executed by all Parties.

B. DISPUTES
CITIES shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of CITIES, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief that a situation exists under this Agreement in which a decision to serve the interest of CITIES has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITIES and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposes of this provision, a "reasonable period of time" shall be ten (10) calendar days or less. CITIES and COUNTY agree to continue_with the COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20

CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
4of9
475
responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITIES and COUNTY representatives may be resolved, by mutual agreement of the Parties, through mediation. Such mediator will be jointly selected by the Parties. The costs associated with mediator shall be shared equally among the participating parties. If the mediation does not resolve the issue(s), or if the Parties cannot agree to mediation, the Parties reserve the right to seek remedies as provided by law or in equity. The Parties agree, pursuant to Battaglia Enterprises v. Superior Court (2013) 215 Cal.App.4th 309, that each of the parties are sophisticated and negotiated this Agreement and this venue at arm's length. Pursuant to this Agreement, the Parties agree that venue for litigation shall be in the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County.

Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this Section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims made against the COUNTY that involve CAL FIRE employees, to the extent permissible under the COUNTY's contract with CAL FIRE, the claims will be forwarded on to CAL FIRE for processing.

C. WAIVER
Any waiver by any of the Parties, separately or collectively, of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of the Parties to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof or estopping any one of the CITIES or COUNTY from enforcement hereof.

D. SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provision will nevertheless continue in full force without being impaired or invalidated in any way.

E. ADMINSTRATION

1. The COUNTY Fire Chief shall administer this Agreement on behalf of the County of Riverside.

2. Each CITY's respective City Manager shall administer this Agreement on behalf of its own CITY.

COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20

CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
5 of 9
476
F. ATTORNEYS' FEES
If CITIES fail to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available.

In the event of litigation between COUNTY and CITIES to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party's costs and expenses, including reasonable attorneys' fees, all of which shall be included in and as a part of the judgment rendered in such litigation.

G. PUBLIC RECORDS ACT REQUESTS
The Parties understand and acknowledge that, as public agencies, COUNTY and CITIES are required to comply with the Public Records Act ("PRA," Gov. Code, § 7920 et seq.), which provides for the right of access to public records and other information in the event of the receipt of a qualifying request under the PRA. The Parties understand and acknowledge that such compliance may require disclosure of all relevant, non-exempt documents that fall within the scope of the qualifying request under the PRA, including documents received from and/or concerning the other parties to this Agreement.

H. ELECTRONIC SIGNATURE
This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signature, such as digital signatures that meet the requirements of the California Uniform Electronic Transaction Act (("CUETA") Civ. Code, §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

I. ENTIRE AGREEMENT
This Agreement is intended by the Parties hereto as a final expression of their understanding, with respect to the subject matter hereof and as a complete and COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20

CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
6 of 9
477
exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreement and understanding, oral or written, in connection therewith.

Ill
Ill
Ill
[Signature Provisions on following page]
COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20

CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
7 of9
478
IN WITNESS, WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove w · en.

Dated: ~ 2-~, 202-L\
ATTEST:

By: ---l....L--=u.::..l,,..j£---=~~~~,£L..-..L..-
Caroline Patton, Ad
Dated: ------------
ATTEST:

By:-------------
Elain Morgan, City Clerk
APPRO~O FORM:

By Serita A. Young, citttorney ~

CITY OF BEAUMONT
By:-------------
David Fenn, Mayor
APPROVED AS TO FORM:

By:-------------
John 0 . Pinkney, City Attorney
[ADDITIONAL SIGNATURE PROVISIONS ON NEXT PAGE]
COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20

CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
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479
Dated: -------------
ATTEST:

KIMBERLY A RECTOR
Clerk of the Board
By:-------------
Deputy
COUNTY OF RIVERSIDE, a political
subdivision of the State of California
By:-------------
Chair, Board of Supervisors
APPROVED AS TO FORM:

MINH C. TRAN,
County Counsel
By:-------------
MELISSA R. CUSHMAN
Deputy County Counsel
COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20

CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
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CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Emery Papp, Senior Planner
David Newell, Community Development Director
MEETING DATE: September 24, 2024
SUBJECT: Consideration of Resolution 2024-154, Making an Environmental Determination of Exemption under CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations) and Approving A 12-Month Extension of Time for Tentative Tract Map 36710 and Variance 19-3001, a Proposal to Subdivide 10.6 Acres of Land Into 39 Single Family Residential Lots and Three Lettered Lots and a Variance to Allow a Reduced Lot Size and Dimension for Lot 7 Located on the Northeast Corner of East Wilson Street and North Florida Street (APNs: 534-183- 014, 534-200-004, 534-200-008, and 534-200-047) within the Low Density Residential Zoning District
RECOMMENDATION:

Adopt Resolution 2024-154.

BACKGROUND:

The project was originally submitted in September 2015 as a Planned Unit Development (PUD), Tentative Tract Map (TTM), Environmental Assessment (EA) and Zone Change (ZC). On September 6, 2017, the Planning Commission recommended approval of the project to the City Council by a 3-2 vote but had concerns about the small lot sizes. At the City Council meeting of September 26, 2017, the City Council initially tabled the project as they had concerns with the small lot sizes, outdoor access to the second story of some proposed single-family structures and inconsistencies with the Site Plans submitted to the Planning Commission and City Council. The applicant revised and resubmitted the project in September 2018. The revised project includes a Tentative Tract Map, Environmental Assessment and Variance. The PUD, ZC and DR were dropped in favor of maintaining the Low-Density Residential Zoning, maintaining large lot sizes and bringing the Design Review forward, at a later date, when the owner is ready to develop. The applicant kept the LDR zoning and its 7,000 square foot minimum lot size requirement, but requested a Variance to allow for one smaller lot that is constrained by existing developed land. On November 8, 2018, the revised project was approved by the Riverside County Airport Land Use Commission (ALUC). ALUC found that the open fields to the south satisfied the requirement to have nearby emergency landing zones for aircraft. In accordance with the California Environmental Quality Act (CEQA), the original Project’s Initial Study was prepared and circulated that demonstrated environmental effects would be reduced to less than significant levels with mitigation measures. Therefore, a Mitigated Negative Declaration and Mitigation Monitoring Program was adopted for the project. The project was approved by the City Council on June 11, 2019 by adoption of Resolution 2019-61. On September 1, 2021, the Community Development Department approved an automatic 18- month extension of time pursuant to Assembly Bill 1561 giving the project a new expiration date of December 11, 2022. On October 11, 2022, the Applicant filed a timely application for a one-year 482
Extension of Time, which the City Council approved by adopting Resolution 2023-84 on May 9, 2023.

The Applicant made a second timely request for a 12-month extension of time which was heard by the Planning Commission at its regular meeting held on September 4, 2024. At this public hearing, the Planning Commission adopted Resolution 2024-17, recommending that the City Council approve the 12- month extension of time for the tentative tract map and variance. The maximum length of time for which the City is authorized to grant a “discretionary” time extension under Government Code Sections 66452.6(e) (Tentative Maps) or 66463.5(c) (Tentative Parcel Maps) is six (6) years.

JUSTIFICATION:

Project Applicant: Beau Cooper, United Engineering Group 8885 Haven Avenue, Suite 195Rancho Cucamonga, CA 91730
Property Owner: RMG Residential 2010, LLP8800 N. Gainey Center Drive, Suite 255Scottsdale, AZ 85258
Chapter 16.33 of the Banning Municipal Code establishes the procedures for approval of an extension of time for tentative maps. The Project meets the requirements to apply for the extension of time, the Applicant filed an application for the extension of time in a timely manner, and the Planning Commission has conducted the first of two required public hearings on September 4, 2024, at such time the Planning Commission recommended that the City Council adopt a resolution approving the requested extension of time.

The staff report and attachments from the September 4, 2024 Planning Commission meeting are included as Attachment No. 3, rather than restating the facts, findings, and environmental determination in this report.

FISCAL IMPACT:

There is no fiscal impact that will result from the approval of EOT No. 23-0033.

ALTERNATIVES:

1. Adopt Resolution 2024-154.

2. Adopt Resolution 2024-154, with modifications.

3. Do not adopt Resolution 2024-154 and provide alternate direction to staff.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. CC_Resolution_2024-154__EOT_for_Tentative_Tract_Map_36710_final.docx

2. Exhibit A - TTM_36710 COAs.docx

3. PC Staff Report w_Attachments 09-04-2024.pdf
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RESOLUTION 2024-154

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

AN ENVIRONMENTAL DETERMINATION OF EXEMPTION UNDER CEQA GUIDELINES SECTION 15162 (SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS) AND APPROVING A 12-MONTH EXTENSION OF TIME FOR TENTATIVE TRACT MAP 36710 AND VARIANCE 19-3001, A PROPOSAL TO SUBDIVIDE 10.6-ACRES OF LAND INTO 39 SINGLE FAMILY

RESIDENTIAL LOTS AND THREE LETTERED LOTS AND A VARIANCE TO ALLOW A REDUCED LOT SIZE AND DIMENSION FOR LOT 7 LOCATED ON THE NORTHEAST CORNER OF EAST WILSON STREET AND NORTH FLORIDA STREET (APNS: 534-183-014, 534-200-004, 534-200-008 AND 534-200-047) WITHIN THE LOW DENSITY RESIDENTIAL

ZONING DISTRICT
WHEREAS, the applicant, United Engineering Group, submitted an application for a 12- month Extension of Time (EOT No. 23-0033) for Tentative Tract Map 36710 and Variance 19- 3001 (the “Project”) for consideration by the City Council to subdivide four lots totaling 10.6 acres for purposes of creating 39 single-family residential lots and 3 lettered lots; and WHEREAS, Title 16 of the Banning Municipal Code and the Subdivision Map Act allows the subdivision of approximately 10.6 acres within the Low Density Residential Zone into 39 lots with a minimum lot size of 7,000 square feet with the approval of a Tentative Tract Map; and WHEREAS, it has been determined by City Staff that no additional environmental review is required pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15162 in that a previous negative declaration was duly adopted for the Project and no substantial changes to the Project that require major revisions are proposed by the extension of time for the tentative map; and
WHEREAS, on June 11, 2019, the City Council approved Tentative Tract Map 36710 and Variance 19-3001, and adopted the associated Mitigated Negative Declaration; and WHEREAS, on September 1, 2021. the Community Development Department approved an 18-month automatic extension of time pursuant to California Assembly Bill 1561 extending the Project to December 11, 2022; and
WHEREAS, on May 9, 2023, the City Council approved the first 12-month extension of time for Tentative Tract Map 36710 and Variance 19-3001; and WHEREAS, on October 24, 2023, the applicant made a timely request for a 12-month extension of time for the Project. The maximum length of time for which the City is authorized to grant a “discretionary” time extension under Government Code Sections 66452.6(e) (Tentative Maps) or 66463.5(c) (Tentative Parcel Maps), is six (6) years; and WHEREAS, on August 23, 2024, the City gave public notice as required under Government Code Section 66451.3 by advertising in the Record Gazette newspaper, and mailing notices to all property owners within 300 feet of the Project site of the holding of a public hearing for the Planning Commission’s review and recommendation, at which time the Project would be considered; and
WHEREAS, on September 4, 2024, the Planning Commission held a duly noticed public hearing for the Project where interested persons had an opportunity to testify in support of, or 484
Resolution 2024-154

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opposition to the Project and the Planning Commission recommended that the City Council approve the Project; and
WHEREAS, on September 13, 2024, the City gave public notice as required under Government Code Section 66451.3 by advertising in the Record Gazette newspaper, and mailing notices to all property owners within 300 feet of the Project site of the holding of a public hearing for the City Council’s review, at which time the Project would be considered; and WHEREAS, on September 24, 2024, the City Council held the duly noticed public hearing at which time interested persons had an opportunity to testify in support of, or opposition to, the Project and at which time the City Council considered the recommendation of the Planning Commission and the entirety of the public record as pertains to the Project.

NOW THEREFORE, the City Council of the City of Banning does hereby find and determine as follows:

SECTION 1. City Council Action. The City Council of the City of Banning accepts the Planning Commission recommendation and finds that the Project is exempt from further environmental review pursuant to Section 15162 (Subsequent EIRs and Negative Declarations) of CEQA, and approves a 12-month Extension of Time for Tentative Tract Map 36710 and Variance 19-3001 (EOT No. 2023-0033) to permit the subdivision of four lots into 39 numbered lots and three lettered lots on 10.6-acres of land located south of East Hoffer Street, west of North Florida Street and north of East Wilson Street as shown in the plans (Exhibit A to the August 23, 2024 Planning Commission staff report) Assessor’s Parcel Numbers 534-183-014 and 534-200- 004, -008, and -047, and subject to the Conditions of Approval attached as Exhibit A to this Resolution.

PASSED, APPROVED AND ADOPTED this 24th day of September 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
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CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-154, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 24th day of September 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
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EXHIBIT A
Conditions of Approval
487
City of Banning
Community Development Department
Conditions of Approval
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100 PROJECT: 12-Month Extension of Time 23-0033 for Tentative Tract Map 36710 and Variance 19-3001.

SUBJECT: Conditions of Approval (City Council Resolution 2024-154) APPLICANT: United Engineering Group
LOCATION: Real property located on the northwest corner of East Wilson Street and North Florida Street (APN: 534-183-014, 534-200-004, 534-200-008, 534-200-047).

EXHIBIT A
To City Council Resolution 2024-154
All fair share agreements, covenant agreements and agreements subject to recordation will be subject to review and approval by the City Attorney and will include appropriate enforcement provisions by the City and be properly securitized.

Community Development Department:

General Requirements

1. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. 488
EXHIBIT “A”
City Council Resolution 2024-154
September 24, 2024

2. The issuance of these Conditions of Approval do not negate the requirements of the Engineering/Public Works Department or submittal, review, and approval of: Street improvement plans, signing and striping plans, grading plans, storm drain improvement plans, street lighting plans, water, sewer, and electrical improvement plans, or other plans as deemed necessary by the City Engineer.

3. Approval of Extension of Time 23-0033 for Tentative Tract 36710 and Variance 19-3001 shall be for a period of one (1) year from May 9, 2024. All Conditions of Approval must be met on or before the expiration date, or the applicant must request an extension of time at least thirty (30) days prior to the expiration date; otherwise, the approval shall expire and become null and void.

4. A copy of the signed resolution of approval or Community Development Director's letter of approval and all conditions of approval and any applicable mitigation measures shall be reproduced in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for review and approval as required by the reviewing department.

5. The design of all lots shall meet the minimum development requirements contained in the City’s Zoning Ordinance for the Low-Density Residential Zoning District.

6. A six-foot tall decorative block wall shall be constructed around the perimeter of the subdivision, between houses and along all street facing side yards. View fencing, such as wrought iron, shall be constructed along detention basin areas. The applicant shall apply an anti-graffiti coating to all perimeter block walls [added at the Planning Commission meeting of 5/1/19].

7. Prior to development an application shall be submitted to the Planning Department for design review and approval, in accordance with the provisions and requirements of the Banning Municipal Code Section 17.56 (Design Review).

8. Applicant shall pay all development fees adopted by the City in effect at the time of issuance of any building permits, which shall include but not be limited to: TUMF, MSHCP, police and fire safety developer fees, water and sewer fees, park land dedication fees, and electric meter installation fees etc. Project proponent shall provide written evidence to the City that school mitigation fees have been paid or other arrangements acceptable to the Banning Unified School District have been met.

9. A copy of the final grading plan, approved by the Department of Public Works, Engineering Division, shall be submitted to the Planning Department for review and approval of the landscaping and erosion control plans when graded cut slopes exceed five (5) feet in height and fill slopes exceed three (3) feet in height.
489
EXHIBIT “A”
City Council Resolution 2024-154
September 24, 2024

10. The following building setback lines shall be delineated on the composite development plan submitted for building permits:
a. Front yard - Minimum 20 feet.
b. Side yard (interior lot) - Minimum 10 feet (single-story: measured between the furthest projection of the wall to the property line).

Side yard setbacks for two-story dwellings shall be staggered per Section 17.08.240(E) of the zoning ordinance.
c. Side yard (corner lot - street side) – Minimum 15 feet. d. Side yard (corner lot – abutting interior lot) - Minimum 10 feet (measured between the furthest projection of the wall to the property line)
e. Rear yard – minimum 15 feet.

11. The developer shall contact the U.S. postal Service to determine the appropriate type and location of mailboxes.

12. The applicant shall install slate, concrete tile, clay tile, or equal roofing material approved by the Planning Department on all dwelling units within the subject property.

13. A trailer, used as an office by the property owner or his designee, may be permitted on the site during construction for a period not to exceed six (6) months. Prior to issuance of a building permit for any residential unit, said trailer shall be subject to a Temporary Use Permit (TUP) reviewed and approved by the Planning Department.

14. Prior to the issuance of any Building Permits, the project proponent shall submit to the City’s Planning Department for review and approval: (1) three (3) copies of a drought-tolerant landscape plan and irrigation plans prepared by a licensed landscape architect Said plan shall also depict the proposed placement and materials for a 6-foot high decorative block wall with decorative cap to be established along the perimeter. The drought-tolerant landscape plan shall include the following:
a. The location, type, size and quantity of vegetation to be installed, and a date by which the landscaping shall be completed.
b. Required drought-tolerant slope planting: Slope planting shall be required for the surface of all cut slopes of three (3) feet or greater in height and fill slopes more than two (2) feet in height. Said slopes shall be protected against damage from erosion by providing jute netting and planting with, ground cover plants or grass, except that grass will not exceed 25% of the total planting area on the slope face. 490
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September 24, 2024
i. All slopes exceeding three (3) feet in vertical height shall also be planted with shrubs, spaced at distances not to exceed five (5) feet on center; or, trees spaced at distances not to exceed ten (10) feet on center; or a combination of shrubs and trees.
ii. Slopes exceeding five (5) feet in vertical height shall be planted with a combination of drought-tolerant trees, shrubs and groundcover. iii. Drought-tolerant slope planting as required by B (1) and (2), above, shall consist of the following sizes and quantities:
a) Trees: 30% — 24- inch box; 35% — 15-gallon; 25% - five gallon; 10% - one gallon.
b) Shrubs: 60% — five gallon; 40%—one gallon.
c) Groundcover: 100% coverage from flats planted 18-inch on-center. iv. The approved landscape plan shall be installed prior to the issuance of a Certificate of Occupancy for each single-family residence to be constructed within the subdivision.

15. Prior to the issuance of a Certificate of Occupancy for each single-family residence constructed within TTM 36710, the applicant shall submit to the City for review and approval three (3) copies of a detailed landscape and irrigation plan (comprised of xeriscape plant material) indicating type, species and location of the following minimum number of drought tolerant, multi—branched trees on each lot adjacent to the street right—of—way (all trees shall be planted with root barriers):
 Cul-de-sac lots –1 tree; minimum 24” box
 Interior lot— 2 trees; one 24” box, one 15—gallon
 Corner lot — 3 trees; two 24” box and one 15—gallon.
 The Plan shall be forwarded to a Landscape Architect for review and the applicant shall pay all fees associated with the review process. The approved landscape plan shall be implemented / installed prior to the issuance of a Certificate of Occupancy for each single-family residence constructed within TTM 36939. (Submit landscape and irrigation plans as soon as possible to allow sufficient time for a Landscape Architect to review same).
 The landscaping for the street parkways, public lots, and other public areas shall be installed prior to occupancy of the first unit.

16. A six-(6) foot high chain link fence must be maintained around the perimeter of the site during all phases of construction.
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EXHIBIT “A”
City Council Resolution 2024-154
September 24, 2024

17. Developer shall meet all requirements of responsible agencies, including but not limited to:

Southern California Gas Company, Southern California Edison Company and the Riverside County Flood Control and Water Conservation District (RCFC and WCD).

18. The Project is required to comply with the provisions of South Coast Air Quality Management District Rule 402, A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.

19. The Project is required to comply with regional rules that assist in reducing short-term air pollutant emissions. SCAQMD Rule 403 requires that fugitive dust be controlled with bestavailable control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. SCAQMD Rule 403 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off site. Applicable dust suppression techniques from Rule 403 are summarized below:
 Apply nontoxic chemical soil stabilizers according to manufactures’ specifications to all inactive construction areas (previously graded areas inactive for 10 days or more).  Water active sites at least twice daily. (Locations where grading is to occur will be thoroughly watered prior to earthmoving.)
 Cover all trucks hauling dirt, sand, soil, or other loose materials, or maintain at least

0.6 m (2 ft.) of freeboard (vertical space between the top o the load and top of the trailer) in accordance with the requirements of California Vehicle Code (CVC) Section 23114.
 Paved construction access roads at least 30 m (100 ft.) onto the site from the main road.
 Reduce traffic speeds on all unpaved roads to 15 mph or less.

The applicable Cal/Recycle Sustainable (Green) Building Program Measures are:
 Recycle/reuse at least 50 percent of the construction material that are rapidly renewable or resource-efficient, and recycled and manufactured in an environmentally friendly way for at least 10 percent of the project, as defined on the California Department of Resources Recycling and Recovery (CalRecycle) website:
www.calrecycle.ca.gov

20. In the event that previously undocumented archaeological resources are identified during earthmoving activities, further construction work in the area should be diverted or halted until the nature and significance of the find can be assessed. 492
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City Council Resolution 2024-154
September 24, 2024

21. If human remains are encountered, State Health and Safety Code Section 7050.5 stats that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the County Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials.

Mitigation

22. Air Quality: to be compliant with CalEEMod modeling approved for the proposed project, the equipment planned to be used on a peak day during site preparation and grading operations will disturb no more than five acres in a day.

23. Geology and Soils: Developer shall adhere to the recommendations cited in the EnGEN Corp Geotechnical Engineering Study with regard to the project’s development per Section 8.0

24. Noise: Highly noise-sensitive outdoor nonresidential uses are prohibited.

25. Noise: The following notice shall be provided to all potential purchasers of the property, and shall be recorded as a deed notice.

A. NOTICE OF AIRPORT IN VICINITY
This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances (can vary from person to person. You may wish to consider what airport annoyances), if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. Business & Professions Code Section 11010 (b) (13) (A).

26. Tribal Cultural Resources: The project proponent shall provide for the Morongo Band of Mission Indians Tribal Resource Monitor(s) to be present during all required ground disturbing activities pertaining to the project.

Public Works:

General Requirements

27. A Public Works Permit shall be required prior to commencement of any work within the public right-of-way. The contractor working within the public right-of-way shall submit proof of a Class “A” State Contractor’s License, City of Banning Business License, and Liability 493
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City Council Resolution 2024-154
September 24, 2024
Insurance. Any existing public improvements, or public improvements not accepted by the City that are damaged during construction shall be removed and replaced as determined by the City Engineer or his/her representative.

28. Prior to the issuance of any grading, construction, or public works permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies:
 Fire Marshal (access)
 Public Works Department (grading permits, street improvement permits)  Riverside County Flood Control & Water Conservation District (storm drain)  California Regional Water Quality Control Board Colorado River Basin (RWQCB)  South Coast Air Quality Management District (SCAQMD)
The applicant is responsible for meeting all requirements of permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting improvements plans to the City.

29. The following improvement plans shall be prepared by a Civil Engineer licensed by the State of California and submitted to the Engineering Division for review and approval. A separate set of plans shall be prepared for each line item listed below. Unless otherwise authorized in writing by the City Engineer, the plans shall utilize the minimum scale specified and shall be drawn on 24” x 36” Mylar film. Plans may be prepared at a larger scale if additional detail or plan clarity is desired (Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors):
a. Rough Grading Plans 1" = 40' horizontal
(All Conditions of Approval shall be reproduced on last sheet of set) b. Haul Route Plans 1" = 40' horizontal
c. Clearing Plans 1" = 50' horizontal
(Include construction fencing plan)
d. Erosion Control & SWPPP, WQMP 1” = 40’ Horizontal
(Note: a, b, c & d shall be reviewed and approved concurrently) e. Storm Drain Plans 1” = 40’ Horizontal
f. Street Improvement Plans 1" = 40' Horizontal
1" = 4' Vertical
g. Signing & Striping Plans 1” = 40’ Horizontal
h. Precise Grading Plans 1" = 40' Horizontal
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EXHIBIT “A”
City Council Resolution 2024-154
September 24, 2024
i. Landscaping Plans 1” = 20 Horizontal
j. Water Improvement Plans 1” = 40’ Horizontal
1” = 4’ Vertical
k. Sewer Improvement Plans 1” = 40’ Horizontal
1” = 4’ Vertical
Other engineered improvement plans prepared for City approval that are not listed herein shall be prepared in formats approved by the City Engineer prior to commencing plan preparation.

30. All off-site plan and profile, street improvement plans and signing & striping plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or at a distance sufficient to show any required design transitions.

31. A small index map shall be included on the title sheet of each set of plans, showing the overall view of the entire work area.

32. Upon completion of construction, the Developer shall furnish the City with reproducible record drawings on Mylar film of all improvement plans that were approved by the City Engineer.

Each sheet shall be clearly marked "As-Built" or "As-Constructed" and shall be stamped and signed by the engineer or surveyor certifying the accuracy and completeness of the drawings. The applicant shall have all AutoCAD files submitted to the City, revised to reflect the “As-Built” conditions.

Rights of Way/Street Improvements

33. Prior to issuance of any permit(s), the applicant shall offer to dedicate to the City of Banning for public purposes the right-of-way for Wilson Street fronting as an urban major highway; Half-width right-of-way of 50 feet; Curb to centerline width of 38 feet.

34. Prior to issuance of any permit(s), the applicant shall offer to dedicate to the City of Banning for public purposes the right-of-way for Hoffer Street fronting as a local street; Half-width right-of-way of 30 feet; Curb to centerline width of 20 feet.

35. Prior to issuance of any permit(s), the applicant shall offer to dedicate to the City of Banning for public purposes the right-of-way for proposed local streets (cul-de-sac); Full-width rightof-way of 60 feet; Curb to curb width of 40 feet.

36. Submit a copy of the title report, closure calculations, and any separate instruments or necessary right-of-way documents to the Engineering Division for review and approval of the City Engineer prior to all improvement plans.

37. The City and Developer are to enter into a Subdivision Agreement to guarantee the construction of the public improvements as listed in the Conditions of Approval and as shown on the approved plans. The applicant shall work with the City Attorney’s Office to execute the Subdivision Agreement and pay all related legal processing fees. The applicant shall initiate the formation of a Lighting, Landscaping, and Maintenance District (LL&MD) to 495
EXHIBIT “A”
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September 24, 2024
provide maintenance for the perimeter Right-of-Way landscaping and the water quality basins identified as Lots “A”, “B”, & “C” [added at the Planning Commission meeting of 5/1/19].

38. All street improvement designs shall provide pavement and lane transitions per City of Banning and Caltrans standards for transition to existing street sections. Street improvements shall include signing and stripping for a four way stop at the intersection of Wilson and Florida [added at the Planning Commission meeting of 5/1/19].

39. Construct half-width street improvements fronting Wilson Street, Florida Street and Hoffer Street including street lighting, curb and gutter, drive approaches, sidewalk, parkway, asphalt concrete paving, traffic signs and striping, and any transitions. Streetlights shall be installed offset of the existing street lights. Applicant’s geotechnical engineer shall provide the design of the pavement section based upon the Caltrans method.

40. Construct full-width street improvements fronting all local streets (cul-de-sac) including street lighting, curb and gutter, drive approaches, sidewalk, parkway, asphalt concrete paving, traffic signs and striping, and any transitions. Applicant’s geotechnical engineer shall provide the design of the pavement section based upon the Caltrans method.

41. Any public improvements damaged during the course of construction shall be replaced to the satisfaction of the City Engineer, or his/her designee.

42. The applicant shall plant and perpetually maintain trees, shrubs, and ground cover placed in the parkway, slopes adjacent to public right-of-ways constructed in connection with the project. This includes providing irrigation and the clearing of debris and weed removal.

43. All required public improvements for the project shall be completed, tested, and approved by the Engineering Division prior to issuance of any Certificate of Occupancy.

Grading and Drainage

44. Submit a Drainage Study with hydrologic and hydraulic analysis for developed and undeveloped (existing) conditions to the Engineering Division for review and approval. The study and analysis shall be prepared by a civil engineer licensed by the State of California.

Drainage design shall be in accordance with Banning Master Drainage Plan adopted by Riverside County Flood Control and Water Conservation District (RCFCD), RCFCD Hydrology Manual, and standard plans and specifications. The 10-year storm flow shall be contained within the street curbs, and the 100-year storm shall be contained within the street right-of-way; when these criteria are exceeded, additional drainage facilities shall be designed and constructed.

45. At a minimum, all development will make provisions to store runoff from rainfall events up to and including the one-hundred year, three-hour duration event. Post-development peak urban runoff discharge rates shall not exceed pre-development peak urban runoff discharge rates.
496
EXHIBIT “A”
City Council Resolution 2024-154
September 24, 2024

46. If the site is located in a Flood Area as identified in Flood Insurance Rate Map dated August 28, 2008 the developer is responsible for providing a certification by a registered professional engineer demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

47. The project grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained for the release of concentrated or diverted storm flows off-site. The project shall accept and convey storm flows from the adjacent property to the north, east and west.

48. The applicant shall comply with Chapter 13.24 “Storm water Management Systems” of the Banning Municipal Code (BMC) and Title 18 “Grading, Erosion and Sediment Control” of the California Building Code related to excavation and grading; and, the State Water Resources Control Board’s orders, rules and regulations.

49. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the applicant shall be required to submit a Storm Water Pollution Protection Plan (SWPPP) and file a Notice of Intent (NOI) with the Regional Water Quality Control Board.

50. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City.

51. The applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”):
 Temporary Soil Stabilization (erosion control).
 Temporary Sediment Control.
 Wind Erosion Control.
 Tracking Control.
 Non-Storm Water Management.
 Waste Management and Materials Pollution Control.

52. All erosion and sediment control BMPs proposed by the applicant shall be designed using the CASQA BMP handbook and approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project.

53. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City and the Notice of Termination (NOT) is approved by the Water Board.
497
EXHIBIT “A”
City Council Resolution 2024-154
September 24, 2024

54. Prior to issuance of any grading or building permit, a Project-Specific Water Quality Management Plan (WQMP) shall be reviewed and approved in accordance with California Regional Water Quality Control Board Colorado River Basin Region Order No. R7-2013- 0011.

55. Grading and excavations in the public right-of-way shall be supplemented with a soils and geology report prepared by a professional engineer or geologist licensed by the State of California.

56. Prior to the issuance of any building permit(s), a precise grading plan shall be submitted to the City Engineer for review and approval. A grading permit shall be obtained prior to commencement of any grading activity.

57. The following notation shall be placed on the grading plan: “No more than three days prior to removing trees, shrubs or tall herbaceous vegetation during the breeding season for migratory birds (February 15 to August 31) a qualified biologist shall conduct a nesting bird survey.”

58. Prior to the issuance of a building permit, the applicant shall provide a lot pad certification stamped and signed by a qualified civil engineer or land surveyor. Pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil.

59. Prior to issuance of any grading or building permit, the applicant shall install trash filters in all catch basins that will be constructed as part of the storm drain improvements for this development in accordance with California Regional Water Quality Control Board Colorado River Basin Region Order No. R7-2013-0011.

Traffic/Airport Safety Zone

60. Prior to the issuance of a grading permit or building permit, the applicant shall submit and obtain approval in writing from the Fire Marshall for the plans for all public or private access drives or streets. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line. When a dead-end access exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Marshall. Applicable covenant, conditions or restrictions or other approved documents shall contain provisions which prohibit obstructions such as speed bumps/humps, control gates or other modifications within said easement or access road unless prior approval of the Fire Marshall is granted.

61. Driveway grades shall not exceed eight percent unless approved by the City Engineer.

62. Access drives to the public right-of-way shall be restricted to those approved by the City Engineer as shown on the approved plans.
498
EXHIBIT “A”
City Council Resolution 2024-154
September 24, 2024

63. Prior to the issuance of any certificate of occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street/access driveway as approved by the Fire Marshall, and must be maintained in good condition by the property owner until the street is accepted for maintenance.

Trash/Recycling

64. Construction and demolition wastes must be recycled and or salvaged for a reuse minimum of 65% or nonhazardous construction demolition waste materials. All projects require construction waste reduction, disposal and recycling services that comply with the 2022 California Green Building Standards Code (CAL Green). Applicants shall submit a construction and demolition waste diversion reporting to the City’s Solid Waste Program Coordinator upon completion of the project to obtain diversion approval prior to final signoff. Contact the Environmental Program Coordinator at [email protected] or 951 922- 3193 for further details and to obtain report form template.

Final Map

65. Security for the construction of public improvements in accordance with Government Code Section 66499 shall be as follows:
 Faithful Performance Bond - 100% of estimated cost
 Labor and Material Bond - 100% of estimated cost
 Monumentation Bond - $10,000.00
Submit a copy of the title report, closure calculations, and any separate instruments or necessary easement or right-of-way documents to the Engineering Division for review and approval of the City Engineer prior to final map approval.

66. A map of the proposed subdivision drawn at 1” =200’ scale showing the outline of the streets including street names shall be submitted to the City to update the city atlas map.

67. An original Mylar of the final map (after recordation) shall be provided to the City for the record files.

68. A record of all street centerline monument ties shall be submitted to the Engineering Division upon completion of improvements or prior to release of Monumentation Bond.

Fees

69. Plan check fees for professional report review (geotechnical, drainage, etc.), and all improvement plans review, shall be paid at the time of submittal of said documents for review and approval in accordance with the fee schedule in effect at the time of submittal.

70. Public Works Inspection fees shall be paid prior to issuance of any permits in accordance with the fee schedule in effect at the time of scheduling. 499
EXHIBIT “A”
City Council Resolution 2024-154
September 24, 2024

71. A plan storage fee shall be paid for any engineering plans that may be required prior to issuance of certificate of occupancy in accordance with the fee schedule in effect at the time the fee is paid.

Water

72. Design and construct an 8” D.I.P. water line on public streets and connect to the existing water system. Provide a looped system, typically achieved by having a minimum of two separate connections to existing water mains on different streets. Submit Water Improvement Plans to Public Works Department, Water Division for review and approval. If the water line is not located on a public street, an easement over the water line, minimum 15 feet in width, shall be granted to the City of Banning for maintenance purposes.

73. Prepare and submit for review a hydraulic analysis demonstrating adequate fire flow protection with the proposed water system improvements.

74. An RPP backflow device must be installed at each dedicated irrigation water connection. The backflow device must be in compliance with the State Department of Health Regulations.

75. Fire Services, other than residential fire sprinklers, will require an RPP backflow device.

76. Pay all applicable water connection and frontage fees per Chapter 13.08 “Water, Sewer and Electricity Rates” of the Banning Municipal Code prior to the issuance of a building permit.

Sewer

77. Design and construct sewer line on public streets and connect to the existing sewer system.

Submit Sewer Improvement Plans to Public Works Department, Sewer Division for review and approval. If the sewer line is not located on a public street, an easement over the sewer line, minimum 20 feet in width, shall be granted to the City of Banning for maintenance purposes.

78. All sewer lines to be constructed within the Public right-of-way shall be SDR 26 PVC Pipe, minimum of 8” in diameter. All sewer laterals shall be a minimum of 4” SDR 26 PVC. Final sizes shall be approved by the City Engineer.

79. A sewer check valve shall be provided for each building with a finish pad elevation lower than the rim elevation of the immediate up-stream sewer manhole.

80. Pay all applicable sewer connection and frontage fees per Chapter 13.08 “Water, Sewer and Electricity Rates” of the Banning Municipal Code prior to the issuance of a building permit.

Water and Sewer Fees

81. Plan check fees for professional report review (hydraulic analysis, etc.), and all improvement plans review, shall be paid at the time of submittal of said documents for review and approval in accordance with the fee schedule in effect at the time of submittal. 500
EXHIBIT “A”
City Council Resolution 2024-154
September 24, 2024

82. Public Works Inspection fees shall be paid prior to issuance of any permits in accordance with the fee schedule in effect at the time of scheduling.

83. Water and sewer connection fees including frontage fees and water meter installation charges shall be paid at the time of building permit issuance in accordance with the fee schedule in effect at that time.

County Fire Department:

The Fire Department requires the listed fire protection measures be provided in accordance with the City of Banning Municipal Code and/or the Riverside County Fire Department Fire Protection Standards. Final conditions will be addressed when complete buildings plans are reviewed:

84. Effective January 1st, 2011 all one/two family dwellings and townhouses will require an automatic residential fire sprinkler system designed and installed in accordance with section HCD R313.3 or NFPA 13D.

85. For residential areas, approved standard fire hydrants shall be located within 400 feet of all exterior portions of the structure. Minimum fire flow shall be 500 GPM for 30-minute duration at 20 PSI.

86. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval.

87. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority.

88. Blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant.

89. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standards. Access lanes will not have an up, or downgrade of more than 15%.

Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles.

Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities.

90. Any turn-around requires a minimum 38-foot turning radius. All structures shall be accessible from an approved roadway to within 150 feet of all portions of the exterior of the first floor.

91. The minimum dimension for access roads and gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. 501
EXHIBIT “A”
City Council Resolution 2024-154
September 24, 2024

92. The applicant or developer shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane printing and/or signs.

Building Department:

93. The site shall be developed in compliance with all current model codes. All plans shall be designed in compliance with the latest editions of the California Building Codes as adopted by the City of Banning.

94. Separate submittals and permits are required for all accessory structures such as but not limited to, trash enclosures, patios, block walls and storage buildings.

Electric Utility Department:

95. The electric utility will require adequate easements needed to service the project. The easement area behind sidewalk may be needed for Wilson Street and Florida Street for vaults, conduits, street lights and pad mounted transformers.

96. Easements may also be required for Streets “A”, “B”, & “C” for vaults, conduits, meter pedestals, and pad mounted transformers and additional easements will be required to serve lots 7 and 39 from Street “A” and Street “B”. According to the initial submittal of TTM 36710, street lights on Streets “A”, “B”, & “C” were to be privately owned and not maintained by the city and would have required to be metered. The resubmittal now suggests that Streets “A”, “B”, & “C” are public streets. Therefore, street lights on these streets will be maintained by Banning Electric Utility and shall adhere to the Utility’s electric standards.

This information will need to be verified by the developer prior to the issue of any permits to construct.

97. The applicant shall cause a recyclables Plot Plan to be submitted and approved by the Department of Public Works [added at the Planning Commission meeting of 5/1/19].

ADDITIONAL CONDITION

98. The applicant shall make every effort to work with Southern California Edison to shift the easement behind lots 8 – 19 to the westerly lots (8 – 13) and build a single wall along the property line between lots 8 – 19 [added at the Planning Commission meeting of 5/1/19]. ***END***
502

CITY OF BANNING

STAFF REPORT
TO: PLANNING COMMISSION
FROM: Acting Community Development Director
PREPARED BY: Sandra Calderon, Development Coordinator
MEETING DATE: September 4, 2024
SUBJECT: Consideration of Resolution 2024-17, Approving Extension of Time 23- 0033 for Tentative Tract Map 36710, a proposal to subdivide 10.6 acres of land into 39 single-family residential lots and three lettered lots located on the northwest corner of East Wilson Street and North Florida Street in the Low Density Residential (LDR) Zoning District (APN’s 534-183-014, 534-200-004, -008, and -047) and Variance 19-3001 to allow a reduced lot size and dimension for lot 7 located on the northwest corner of East Wilson Street and North Florida Street. The Project has been reviewed in accordance with the California Environmental Quality Act (CEQA) and a Notice of Exemption from further CEQA review has been prepared for the Planning Commission’s consideration.

PROJECT APPLICANT:

Project Applicant:

Beau Cooper,
United Engineering Group
8885 Haven Avenue, Suite 195
Rancho Cucamonga, CA 91730
Property Owner:

RMG Residential 2010, LLP
8800 N. Gainey Center Drive, Suite 255
Scottsdale, AZ 85258
BACKGROUND:

The applicant revised and resubmitted the project in September 2018. The revised project includes a Tentative Tract Map, Environmental Assessment and Variance. The PUD, ZC and DR were dropped in favor of maintaining the Low-Density Residential Zoning, maintaining large lot sizes and bringing the Design Review forward, at a later date, when the owner is ready to develop. The applicant kept the LDR zoning and its 7,000 square foot minimum lot size requirement, but requested a Variance to allow for one 1 503
smaller lot that is constrained by existing developed land.

On November 8, 2018, the revised project was approved by the Riverside County Airport Land Use Commission (ALUC). ALUC found that the open fields to the south satisfied the requirement to have nearby emergency landing zones for aircraft.

In accordance with the California Environmental Quality Act (CEQA), the original Project’s Initial Study was prepared and circulated that demonstrated environmental effects would be reduced to less than significant levels with mitigation measures. Therefore, a Mitigated Negative Declaration and Mitigation Monitoring Program was adopted for the project.

The project was approved by the City Council on June 11, 2019 by adoption of Resolution 2019-61.

On September 1, 2021, the Community Development Department approved an automatic 18-month Extension of Time pursuant to Assembly Bill 1561 giving the project a new expiration date of December 11, 2022. On, October 11, 2022, The City Council approved the first 12-month extension on May 9, 2023, by Resolution 2023-84.

The applicant made a timely request for a 12-month extension of time which is the subject of this report.

The maximum length of time for which the City is authorized to grant a “discretionary” time extension under Gov. Code Sections 66452.6 (e) (Tentative Maps) or 66463.5 (c) (Tentative Parcel Maps), is Six (6) years.

DESCRIPTION:

The 10.6-acre vacant site is an undeveloped infill parcel primarily covered with dry, tall grasses and scattered low bushes. The site slopes generally downward from the northwest to the southeast. The highest point at the northwest corner is 2,453 feet above mean sea level (amsl) and the lowest point at the southeast corner is 2,422 amsl. The property is adjacent to East Wilson Street and North Florida Street which are both improved streets. The property consists of four lots that will be combined and subdivided with the Tract Map. North, East and West of the site are developed single-family residential lots. To the south are open sports fields and a school. The property is currently zoned Low Density Residential (LDR), which establishes a minimum single-family residential lot size of 7,000 square feet. If the Project site were built in accordance with its existing General Plan land use designation, a total of 53 units could be constructed. The applicant is proposing 39 numbered lots and 3 lettered lots.

LAND USE SUMMARY TABLE
Location General Plan Designation Zoning Designation
Site Low Density Residential (LDR) LDR (0-5 dwelling units per acre) North LDR LDR
South Public Facility – School (PF-S) PF-S
East LDR LDR
West LDR LDR
Source: City of Banning General Plan and Zoning Map
FINDINGS:

Tentative Tract Map 36710
TTM 36710 creates 39 numbered lots with a minimum lot size of 7,000 square feet (except for lot 7) and three lettered lots dedicated for detention basin purposes. Numbered lots range in size from 5,880 (Lot 2 504
7) square feet to 13,550 square feet. The total density is 3.84 dwelling units per acre.

There is an existing 15-foot wide Southern California Edison easement behind proposed lots 8 through

19. Southern California Edison is requesting the easement be increased to 30 feet to allow vehicle access. This 30-foot-wide easement affects the backyards of the above-mentioned lots. Lots 8 through 13 will have their backyards reduced by 15 feet. Lots 14 through 19 will have their backyards reduced by 15 feet. Lots 14 through 19 have the greatest impact as their lots will be reduced from 105 feet in depth to 90 feet. Although the depth is reduced, all lots maintain minimum standard lot dimensions of 70 feet wide by 90 feet deep.

Access to the Project site is from East Wilson Street where the project provides three cul-de-sacs to service most of the development. Lots 7 and 39 will gain access via East Hoffer Street and lots 35 – 38 will gain access via North Florida Street.

Access to the project will be accommodated by using existing streets and/or proposed cul-de-sacs. Water, sewer and electrical services will be provided by the City of Banning Public Works Department and Electrical Division. The Project is required to connect to the existing 8-inch water main on East Wilson Street and existing 8-inch sewer line at the intersection of East Wilson Street and North Florida Street. Lots 7 and 39 will connect to the existing water and sewer lines in Hoffer Street and Lots 35 – 38 will connect to the existing water and sewer lines in North Florida Street.

The City of Banning defines traffic Level of Service (LOS) “satisfactory’ as LOS D. LOS D is the minimum LOS to be maintained on all roadway segments and intersections. Trip generation for the proposed project was calculated using rates from the Institute of Transportation Engineers (ITE) Trip Generation (9th Edition). The project will be utilizing the same Traffic Study for the original project and incorporating all recommended mitigation measures and conditions. Based on the project’s trip generation, under existing and opening year conditions, all the studied intersections operate at satisfactory LOS or better.

Pursuant to Title 16 of the Banning Municipal Code, the Planning Commission acts as an advisory body to the City Council and the City Council decides whether to approve any tentative tract map, and the same is true for map extensions.

Variance
Pursuant to the Banning Municipal Code Section 17.112.010 permits variances from the Zoning Ordinance only when because of special circumstances applicable to the property, including size, shape, topography, unusual geological or geographical feature, the strict application of this Zoning Ordinance would deprive the property of privileges enjoyed by other properties in the vicinity and under identical land use districts.” Variances are expressly allowed for modification of the dimensional standards of the distance between structures, lot area, lot coverage, lot dimensions, setbacks, and structure heights.

As discussed above, Variance 19-3001 allows for a smaller lot size and smaller width dimension for lot 7.

Lot 7 is constrained by developed residential properties on both sides. The lot as proposed is 56 feet wide,105 feet deep for a total of 5,880 square feet. The minimum lot sizes in the LDR zone are 70 feet wide, 90 feet deep and a total of 7,000 square feet. As demonstrated here, the lot width and total square footage are below the minimum. The lot width is consistent with other lots in the area. On the same block there are lot widths ranging from 50 feet to 150 feet. There are existing single-family and multi-family residential structures in the area.

If the request to extend TTM 36710 is extended, then Variance 19-3001 would need to be extended as well to permit development of the subdivision as originally approved.

Conditions of Approval
3 505
The conditions of approval remain unchanged since the original approval.

ENVIRONMENTAL DETERMINATION:

California Environmental Quality Act (CEQA)
As stated above, the City previously found that environmental effects of the project would be reduced to less than significant levels with mitigation measures and therefore, adopted a Mitigated Negative Declaration and Mitigation Monitoring Program for the project.

Under State CEQA Guidelines Section 15162, if an EIR or mitigated negative declaration has already been adopted for a project, no subsequent environmental document is required for unless one or more of the following three criteria are met:

1. Substantial changes are proposed in the project that will require major revisions to the environmental document due to new significant environmental effects or a substantial increase in the severity of previously identified effects;

2. Substantial changes occur in the circumstances under which the project is to be undertaken that will require major revisions to the environmental document due to new significant environmental effects or a substantial increase in the severity of previously identified effects; or

3. Specified new information of substantial importance to the project becomes available.

In this case there have been no substantive changes to either TTM 36710 or Variance 19-3001. There any no new environmental effects or any increase in the severity of previously identified significant effects that would require revisions to the previously approved Mitigated Negative Declaration. There has not been any substantial changes to the project with respect to the circumstances under which the project is undertaken.

Finally, there is no new information of substantial importance, which was not known and could not have been known at the time the previous Mitigated Negative Declaration was adopted that the project would have one or more significant effects not discussed in the previous Mitigated Negative Declaration or that any of the significant effects previously examined would be substantially more severe than shown in the previous Mitigated Negative Declaration.

PUBLIC COMMUNICATION:

Proposed 12-month Extension of Time for Tentative Tract Map 36710 24-0033 and Variance 19-3001 were advertised in the Record Gazette newspaper, August 23, 2024. As of the date of this report, staff have not received any written comments for or against the Project.

ATTACHMENTS:

1. PC Resolution 2024-17.doc

2. TTM 36710 EOT, VAR COA's.doc

3. EOT TTM 36710 Project Plans.pdf

4. PHN TPM 36710 Final.pdf

5. NOD. pdf

6. PLN 24-0033 EOT for TTM 36710_ NOE
4 506

CITY OF BANNING

Adopt Resolution 2024-155.

BACKGROUND:

Habitat for Humanity of the San Gorgonio Pass Area is a locally run affiliate of Habitat for Humanity International, a nonprofit, housing organization. Habitat for Humanity works in partnership with people in need to build and renovate decent, affordable housing. The houses are then sold to those in need at no profit and with no interest charged. Founded in 1999, Habitat for Humanity of the San Gorgonio Pass Area serves the communities of Banning, Beaumont, Cabazon, Cherry Valley and Calimesa. The mission of Habitat for Humanity San Gorgonio Pass Area is to help low-income qualified families achieve the goal of home ownership. They build quality, affordable homes and sell them to qualified low-income families. This helps revitalize neighborhoods and communities in the San Gorgonio Pass Area. Habitat accomplishes its mission with the kindness and willingness of community volunteers and donations.

Future homeowners also help by completing "sweat equity" hours either constructing or rehabilitating homes. To further assist in meeting the mission of Habitat for Humanity of the San Gorgonio Pass Area, Habitat submitted an application for a Tentative Parcel Map to subdivide approximately 0.6 acres of land into three new residential lots on September 6, 2023.

JUSTIFICATION:

Project Applicant:

Habitat For Humanity of the San Gorgonio Pass Area
Amy Minjares, President
P. O. Box 269
Banning, CA 92220
Chapter 16.04 and Chapter 16.08 of the Banning Municipal Code establishes the procedures for approval of a tentative parcel map having four or fewer parcels. The project meets all of the requirements for the subdivision of land in the Low Density Residential zone, the Applicant filed an application for the Tentative Parcel Map, and the Planning Commission has conducted the first of two required public hearings on September 4, 2024, at such time the Planning Commission recommended that the City 507
Council adopt a resolution to approve the tentative parcel map.

During the Planning Commission's deliberation, it was recommended that the two lots fronting Wilson Street be conditioned to require circular driveways to prevent residents or their guests from having to back up their vehicles into Wilson Street; and that a driveway for the house at the corner of Wilson and 8th Streets should provide a turnaround on site. Alternatively, it was discussed that a private driveway could extend across the southerly extent of all three lots, entering and exiting to/from 8th Street much like an alley loaded product. As the Tentative Parcel Map does not identify preferred points of accessing the lots, the Planning Commission has deferred to the City Council as opposed to amending the Conditions of Approval for the project.

FISCAL IMPACT:

There is no fiscal impact resulting from the Project approval.

ALTERNATIVES:

1. Adopt the Resolution 2024-155.

2. Adopt the Resolution 2024-155, with modifications.

3. Do not adopt the Resolution 2024-155 and provide alternate direction to staff.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. CC_Resolution_2024-155__TPM_38797_final.docx

2. Exhibit A TPM 38797.pdf

3. Exhibit_B_-_TPM_38797_COAs.docx

4. PC Staff Report w_Attachments 09-04-2024.pdf TPM 38797.pdf 508
Resolution 2024-155

Page 1 of 8 ends

RESOLUTION 2024-155

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

AN ENVIRONMENTAL DETERMINATION OF EXEMPTION UNDER CEQA GUIDELINES SECTION 15315, AND APPROVING TENTATIVE PARCEL MAP 38797, FOR REAL PROPERTY LOCATED ON THE SOUTH SIDE OF W. WILSON STREET, EAST OF 8TH STREET, IN THE CITY OF BANNING, CA 92220 (APN 540-033-045, -046, -047) WHEREAS, Habitat For Humanity of the San Gorgonio Pass Area (“Applicant”) has applied for a subdivision under Tentative Parcel Map 38797 to reconfigure three (3) existing lots into three (3) standard lots for the purposes of creating individual parcels for future single-family residential development with recordation of a sewer easement (the “Project”); and WHEREAS, Title 16 of the Banning Municipal Code and the Subdivision Map Act allows the subdivision of the 0.6-acre lot into three (3) new residential lots within the Low-Density Residential zone subject to the approval of a Tentative Parcel Map; and WHEREAS, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), staff analyzed Tentative Parcel Map 38797 and determined that the Project is categorically exempt from the requirements of CEQA pursuant to State CEQA Guidelines Section 15315 (Class 15 – Minor Land Divisions) because the Project: consists of the division of property in an urbanized area zoned for residential use into four (4) or fewer parcels; the division is in conformance with the City of Banning General Plan and Zoning Ordinance; no variances or exceptions are required; all services are available and access to the proposed parcels to local standards are available; the subject parcel was not involved in a division of a larger parcel within the previous two (2) years; and the parcel does not have an average slope greater than twenty (20) percent; and
WHEREAS, the Project site has no value as habitat for endangered, rare or threatened species; approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the Project site can adequately be served by all required utilities and public services; and
WHEREAS, on August 23, 2024, the City gave public notice as required under Government Code Section 66451.3 by advertising in the Record Gazette newspaper, and mailing notices to all property owners within 300 feet of the Project site of the holding of a public hearing for the Planning Commission’s review and recommendation, at which time the Project would be considered; and
WHEREAS, on September 4, 2024, the Planning Commission held the duly noticed public hearing at which time interested persons had an opportunity to testify in support of, or opposition to, the project and at which the Planning Commission recommended that the City Council approve Tentative Parcel Map 38797; and
WHEREAS, on September 13, 2024, the City gave public notice as required under Government Code Section 66451.3 by advertising in the Record Gazette newspaper, and mailing notices to all property owners within 300 feet of the Project site of the holding of a public hearing for the City Council’s review and recommendation, at which time the Project would be considered; and
509
Resolution 2024-155

Page 2 of 8 ends

WHEREAS, on September 24, 2024, the City Council held the duly noticed public hearing at which time interested persons had an opportunity to testify in support of, or opposition to, the project and at which time the City Council considered recommendation of the Planning Commission and the entirety of the public record as pertains to Tentative Parcel Map 38797.

NOW THEREFORE, the City Council of the City of Banning does hereby find and determine as follows:

SECTION 1. California Environmental Quality Act Findings. The City Council makes the following environmental findings and determinations in connection with the approval of the project:

A. Planning Division staff have determined that the Project is categorically exempt from the requirements of CEQA and the State CEQA Guidelines. The Project qualifies under the CEQA Guidelines Section 15315 (Class 15 - Minor Land Division) categorical exemption because the Project: consists of the division of property in an urbanized area zoned for residential use into four (4) or fewer parcels; the division is in conformance with the City of Banning General Plan and zoning; no variances or exceptions are required; all services and access to the proposed parcels to local standards are available; the subject parcel was not involved in a division of a larger parcel within the previous two (2) years; and the subject parcel does not have an average slope greater than twenty (20) percent. On September 4, 2024, the Planning Commission analyzed proposed Tentative Parcel Map 38797 and reviewed the Planning Division’s determination of exemption, and recommended that the City Council, based on its own independent judgement, concur in staff’s determination of exemption under CEQA pursuant to CEQA Guidelines Section 15315.

B. At the time of the lead agency’s determination, the Project is located within the City of Banning jurisdictional limits and is a division of three existing lots into four or fewer parcels.

The City Council has reviewed the administrative record concerning, and analyzed, the proposed Tentative Parcel Map 38797 and the proposed CEQA determination, and based on its own independent judgement, finds that Tentative Parcel Map 38797 is not subject to, or exempt from, the requirements of CEQA and the State CEQA Guidelines pursuant to CEQA Guidelines Section 15315.

Multiple Species Habitat Conservation Plan (MSHCP) Findings.

The City Council has determined that the project is not subject to MSHCP as the project is an infill property and no impacts to covered species is anticipated.

SECTION 2. An application for a Tentative Parcel Map requires that it meet specific findings in accordance with Title 16 of the Banning Municipal Code and Government Code Sections 66473.5 and 66474. The City Council of the City of Banning makes the following findings and determinations in connection with the approval of the Project:

A. Finding: The proposed map is consistent with the General Plan.

Findings of Fact:

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Density Residential (LDR) zoned properties with a sewer easement to be recorded across all lots. Lot 1 is proposed to be 7,850 square feet in size, Lot 2 is proposed to be 7,851 square feet in size, and Lot 3 is proposed to be 10,443 square feet in size.

This density level is within the range permitted under the General Plan land use designation for this site. One of the primary policies of the Land Use Element of the General Plan is that projects adjacent to existing neighborhoods shall be carefully reviewed to assure that neighborhood character is protected. The proposed Tentative Parcel Map serves to achieve this objective in that the subdivision design is consistent with existing neighborhood housing stock. The proposed Map furthers the objectives and policies of the General Plan and is compatible with the land uses districts within the general vicinity of the Project.

B. Finding: The design or improvement of the proposed subdivision is consistent with the City’s General Plan.

Findings of Fact:

The proposed subdivision has been designed to meet City standards which provide satisfactory pedestrian and vehicular circulation, including emergency vehicle access and on-site improvements, such as streets, utilities, and drainage facilities have been designed and are conditioned to be constructed in conformance with City standards and consistency with the General Plan.

C. Finding: The site is physically suitable for this type of development.

Findings of Fact:

The 0.6-acre site is relatively flat and will be subdivided into three (3) lots that will be compatible in size to other surrounding properties. The proposed Project is adjacent to existing residential development and has availability of all services including streets, water, sewer and electricity. Therefore, the site is physically suitable for this type of development.

D. Finding: The site is physically suitable for the density of development.

Findings of Fact:

The General Plan land use designation for the site is Low Density Residential, which allows housing densities from 0 to 5 dwelling units per acre. The Applicant is requesting a subdivision of three (3) vacant single-family parcels into three new LowDensity Residential (LDR) zoned properties with a sewer easement to be recorded across all lots. Lot 1 is proposed to be 7,850 square feet in size, Lot 2 is proposed to be 7,851 square feet in size, and Lot 3 is proposed to be 10,443 square feet in size.

This density level is within the range permitted under the General Plan land use designation for this site. The subdivision, as proposed is suitable for the density of development.

E. Finding: The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

Findings of Fact:

The site is currently vacant, is surrounded by existing single-family homes and a school in a built environment, and does not contain any significant vegetation or habitat 511
Resolution 2024-155

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for wildlife. Per the Multiple Habitat Conservation Plan (MSHCP), there is no evidence that any endangered, threatened or listed species of plant or animal, or its habitat, is located on the site. There is no evidence that vernal pool complex, similar bodies of water, or conditions suitable for forming such bodies of water exist on the site. The Project incorporates conditions intended to comply with the recommendations of the MSHCP. In addition, this Project has been conditioned to comply with the environmental policies and regulations of the City of Banning and those of all local and regional governmental agencies having jurisdiction over the site.

F. Finding: The design of the subdivision or type of improvements is not likely to cause serious public health problems.

Findings of Fact:

The design of the subdivision is in conformance with the City’s General Plan, Zoning Ordinance, and Subdivision Ordinance. Future construction of homes on the site has been conditioned to comply with all applicable City of Banning ordinances, codes, and standards including, but not limited to, the California Uniform Building Code, the City’s Ordinances relating to stormwater runoff management and controls. In addition, the design and construction of all improvements for the subdivision have been conditioned to be in conformance with adopted City street and public works standards. The City’s ordinances, codes, and standards have been created based on currently accepted standards and practices for the preservation of the public health, safety and welfare.

G. Finding: The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

Findings of Fact:

No easements of record or easements established by judgement of a court of competent jurisdiction for public access across the site have been disclosed in a search of the title records for the site and the City does not otherwise have any constructive or actual knowledge of any other such easements. The Tentative Parcel Map proposes a sewer easement internally to the Project for future connection to an existing sewer line in 8th Street. The proposed easement shall be recorded concurrent with the Final Map.

SECTION 3. Based on the findings specified above, and all other evidence in the record, the City Council hereby approves Tentative Parcel Map 38797, attached hereto as Exhibit “A,” to subdivide a 0.6-acre site into three (3) new Low Density Residential lots for the future development of new single-family residences in the Low-Density Residential District, subject to the Conditions of Approval, attached hereto as Exhibit “B”. 512
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PASSED, APPROVED AND ADOPTED this 24th day of September 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
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CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-155, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 24th day of September 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
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EXHIBIT A
Tentative Parcel Map 38797
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EXHIBIT B
Conditions of Approval for Tentative Parcel Map 38797
516
517
City of Banning
Community Development Department
Conditions of Approval
PROJECT: Tentative Parcel Map 38797
SUBJECT: Conditions of Approval (City Council Resolution 2024-155) APPLICANT:Amy Minjares, Habitat For Humanity of the San Gorgonio Pass Area LOCATION: Southwest Corner of 8th Street and Wilson Street (APN 540-033-045, - 046, -047)

EXHIBIT B
To City Council Resolution 2024-155
*All fair share agreements, covenant agreements and agreements subject to recordation will be subject to review and approval by the City Attorney and will include appropriate enforcement provisions by the City and be properly securitized.

Community Development Department

1. The project shall always comply with all federal, state, County and City laws, codes, regulations, and standards, including those that relate to hazardous materials.

2. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to, arbitrations, mediations, and other such procedures) (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such actions are brought under the California Environmental Quality Act (CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or 518
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any decision of a competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action.

3. Approval of this entitlement shall not waive compliance with any sections of the Banning Municipal Code (BMC), other applicable City ordinances, in effect at the time of building permit issuance.

4. Approval of Tentative Parcel Map 38797 shall be for a period of two (2) years from the date of City Council approval, or Tentative Parcel Map approval shall become null and void. Additionally, if after commencement of the project, work is discontinued for a period of one year, the Tentative Parcel Map shall become null and void. The City Council may, upon a written application being filed 30 days prior to expiration and for good cause, grant a one-time extension not to exceed 12 months. Upon granting of an extension, the Community Development Director shall ensure that the Tentative Parcel Map complies with all current Ordinance provisions.

5. A copy of the signed resolution of approval or Community Development Director's letter of approval and all conditions of approval and any applicable mitigation measures shall be reproduced in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for review and approval as required by the reviewing department.

6. Prior to any occupancy/use of the Project site, or business activity being commenced thereon, the Applicant shall complete all Conditions of Approval to the satisfaction of the Community Development Director.

7. Exterior lighting shall be shielded or recessed so that light is contained within the boundaries of the parcel on which the lighting is located. All lighting shall be directed downward and away from adjoining properties and public rights-of-way.

8. Pursuant to BMC 17.12.130, chain link fencing is not permitted. The applicant shall remove the existing chain link fencing and construct new perimeter and interior fencing pursuant to Section 17.08.240.L. and Section 17.24.080 of the Banning Municipal Code. The developer shall make reasonable attempts to eliminate a “double wall” scenario with adjacent properties.
519
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9. The design of all lots shall meet the minimum development requirements contained in the City’s Zoning Ordinance for the Low-Density Residential Zoning District.

10.Applicant shall pay all development fees adopted by the City in effect at the time of issuance of any building permits, which shall include but not be limited to: TUMF, MSHCP, police and fire safety developer fees, water and sewer fees, park land dedication fees, and electric meter installation fees etc. Project proponent shall provide written evidence to the City that school mitigation fees have been paid or other arrangements acceptable to the Banning Unified School District have been met.

11.A complete landscape/irrigation package prepared by a landscape architect licensed by the State of California shall be reviewed and approved by the Planning Division prior to issuance of building permit. The plans shall include the following elements:
a. Water conservation concept statement;
b. Calculation of maximum applied water allowance;
c. Calculation of estimated total water use;
d. Landscape design plan;
e. Irrigation design plan; and
f. Certificate of substantial completion.

NOTE: The landscape plan shall demonstrate compliance with BMC Title 17 requirements related to minimum dimensions and percentages of landscaping in parking areas, including required front yard setback landscaping.

12.Storage, use, and removal of toxic substances, solid waste, and flammable liquids shall conform to all applicable federal, state, and local regulations. The Applicant shall maintain all required licensing in good order for the duration of Project operations.

Any lapse or revocation of any required license shall result in the voiding of the Design Review and Conditional Use Permit approvals.

13.The Applicant shall develop and maintain the subject property in accordance with the site plans stamped approved by the City and on file in the Planning Division, the conditions contained herein, and the applicable BMC regulations.

14.A security fence with screening shall protect all construction sites. The fencing and screening shall be maintained at all times to protect pedestrians. All development projects shall submit a construction fencing plan with the construction design plans.

Construction projects that have phased occupancy shall be completely separated by a construction fence that is screened and show the adjusted fence locations at each phase.
520
Exhibit B to Resolution 2024-155

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15.Tentative Parcel Map 38797 shall comply with all Conditions of Approval as stated in Planning Commission Resolution No. 2024-16.

16.The permittee shall utilize an anti-graffiti coating on trash enclosures and decorative block walls.

17.Provide the following number of construction plans and documents listed below for the first review of the proposed project. The initial plan review time will take two weeks on most projects. The applicant will receive an application number at the time plans are submitted for Building & Safety’s plan review. This number is needed to obtain information regarding your project:
(7) Precise Grading Plans
(7) Plot/Site Plans
(7) Site Disabled Access Plan
(7) Architectural Plans
(7) Structural Plans
(7) Electrical Plans
(7) Electrical Load Calculations
(7) Plumbing Plans/Isometrics
(7) Mechanical Plans
(2) Structural Calculations
(2) Roof and Floor Truss Calculations
(2) Title 24 Energy Calculations
(2) Geology Report
(2) Soils Report
(2) Condition of Approval Packages
(3) Temporary Fence Plan
(1) Approved Health Department Plans
(2) Energy Commissioning Plan

18.Electronic plan submittal can be provided by building and safety. Please email [email protected] for additional information.

19.All structures shall be designed in accordance with the current version of the California Building Codes, including the California Green Building Standards Code. Design all structures to comply with Seismic Design Category D, basic wind speed should be site specific and determined from ATC at www.atcouncil.org/windspeed with exposure type “C”, and Energy Calculations shall be designed per Climate Zone 10. 521
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20.Prior to issuance of building permits, provide a receipt from the appropriate Unified School District stating that all school fees have been paid. (Banning Unified School District).

21.Banning Electric does not release electric meters until final approvals are obtained from all agencies and departments.

22.Construction projects, requiring temporary electrical power, shall obtain an electrical permit from Banning Electric.

23.Identify if a new gas meter service is to be installed or connection to the existing service meter.

24.Construction projects requiring fire permits must apply and submit fire plans prior to the issuance of the building permit, including fire sprinkler submittals.

25.The Developer/Owner is responsible for the coordination of releasing any Deferral of Development Impact Fees or Bonds after such fees have been paid. The Developer/Owner should be aware, once the deferral notice is sent to the Riverside County Recorder’s Office; the release process takes two to three weeks. This process will delay final Certificates of Occupancy.

26.The Developer/Owner is responsible for the coordination of the final occupancy. The Developer/Owner shall request clearances from each department and/or agency at least two weeks prior to requesting a final building inspection from Building and Safety.

Each agency may sign the Building and Safety Job Card, or provide agency approved signed documentation, and provide a copy of the signatures to Building and Safety at the time the final inspection is requested.

27.A security fence with screening shall protect all construction sites. The fencing and screening shall be maintained at all times to protect pedestrians. All development projects shall submit a construction fencing plan with the construction design plans.

Construction projects that have phased occupancy shall be completely separated by a construction fence that is screened and show the adjusted fence locations at each phase.

28.On site toilet facilities shall be provided for construction workers and such facilities shall be maintained in a sanitary condition. Construction toilet facilities of the nonsewer type shall conform to ANSI ZA.3 and on site per NPDS stormwater requirements.

29.All construction materials, which are not used, shall be recycled pursuant to the requirements per the California Green Building Standards Code. Receipts from the recycle company responsible for picking up the materials shall be kept in the construction office. After the construction is complete and before final occupancy, all trash receipts shall be forwarded to the City.
522
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30.Prior to the issuance of Building Permits, on site water service shall be installed and approved by the responsible agency. On site fire hydrants shall be approved by the Riverside County Fire Department. No flammable materials will be allowed on the site until the fire hydrants are established and approved. No flammable construction materials shall be placed on the site without approvals by the Fire Department. All street and access roadways around the project shall be paved for emergency response vehicles before flammable materials are placed on the project.

31.Prior to issuance of building permits, site-grading certifications, compaction reports, and survey report shall be submitted to Building and Safety or to Public Works, as applicable.

32.All construction projects shall comply with the NPDES Stormwater Best Management Program. Prior to building permit issuance submit copy of the Water Quality Management Program Report. (WQMP)

33.All deferred plan items are to be identified on the cover sheet of the drawing plans.

34.The structure’s sewer is to be connected to the public sewer system when provided.

When the public system is not available, an onsite septic system is to be installed.

Obtain a septic system handout at the permit counter for requirement information.

Percolation test is required with report provided at time of septic system application.

35.Site development and grading shall be designed to provide access to all entrances and exterior ground floor exits and access to normal paths of travel. The accessible route(s) of travel shall be the most practical direct route.

36.Demolition of any onsite structures requires the following information or action:
a. Submit copies of the property title at permit submittal. b. Provide copy of the hazardous materials survey (asbestos and lead) for each structure.
c. Contact the City of Banning Building & Safety Department for current abatement and documentation requirements prior to performing demolition.

37.For the removal of fuel storage tanks, or other excavations involving backfill, a compaction shall be filed with the Building & Safety Department. Fuel storage tank removal will require notification of Riverside County Fire, Hazardous Materials and Riverside County Environmental Health Department.

38.All dead and removed trees and foliage is to be properly removed from the site.

39.The City enforces the State of California provisions of the California Building Code disabled access requirements. The Federal Americans with Disabilities Act (ADA) standards may differ in some cases from the California State requirements; therefore, it is the building owner’s responsibility to be aware of those differences and comply accordingly.
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40.Building and Safety inspection requests must be made by 4:00 pm. on the previous City working day to receive a next day inspection. Please contact (951) 922-4820

41.Prior to final inspection, provide Building & Safety with a zip drive of the final approved amended plans, calculations, and documents.

42.Plan review application approval is valid for a period of 180 days after application date (plan check submittal date)- if the permit is not obtained within that time period the approval expires and becomes null and void. The Building Official may extend the time for action by the applicant for a period of 90 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration the applicant shall resubmit plans and pay a new plan review fee.

Banning Electric Utility

43.The City of Banning Electric Utility (“BEU”) will require adequate easements needed to service the project. An easement area will be required for underground infrastructure, such as: vaults, conduits, streetlights, pad mounted transformers and/or switches. Adequate easements will be required to serve all parcels of this project.

Easements shall be offered for dedication to the City of Banning for public utility purposes. A non-exclusive easement shall be provided to the City of Banning to include the installation of electric distribution facilities within all common areas.

44.BEU will require any existing structures and/or pads to be demolished, rebuilt, or repaired to current standards.

45.Streetlight infrastructure is to be installed by the developer and are assumed to be publicly owned and maintained by the BEU.

46.Prior to constructing BEU’s electric distribution system, the developer shall submit a detailed engineering plan showing design, location, and schematics for the utility system to be approved by BEU. It will also be required that the developer follow BEU’s Electric Utility Maps & Records requirement (per attachment). This will allow the utility to assist with the completion of a distribution plan and provide a cost estimate to service the project. Design conditions and requirements to serve the project with electricity shall be discussed and reviewed following approval of TPM No. 38797.

47.The Developer shall execute one or more line extension agreements with the BEU providing for the installation, construction, improvement, and dedication of the utility system following approval of tentative tract map, if needed.

48.All electric utility equipment will require to have adequate working clearances per local and state requirements, because of this some items such as trees and bushes may 524
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be eliminated. This equipment includes substructures, transformers, pad mounted switch gear and meter locations.

49.The Developer shall be responsible to obtain, read, acknowledge, and submit all plans and project information in the manner described in the Banning Electric Utility General Development Service Requirements.

50.The Developer shall obtain, complete, and return a New Service Questionnaire to Banning Electric Utility.

PUBLIC WORKS/ENGINEERING:

The Department of Public Works provides the Conditions of Approval listed herein for the above-mentioned project. Unless otherwise stated, all conditions shall be completed by the applicant at no cost to any government agency. The Applicant may contact the Engineering Division at (951) 922-3130 for compliance with the following conditions.

GENERAL CONDITIONS

51.The subject property shall substantially conform to the approved tentative map and specific plan. The City Engineer may approve minor design modifications to the project plans during the plan check process, if such modifications conform to the provisions of the Banning Municipal Code. Substantial changes shall not be permitted except upon application for, and approval of modification of this entitlement in compliance with all applicable procedures and requirements.

52.Revisions to the approved Tentative Map during Final Map plan check process; including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes that are in substantial compliance with the Tentative Map, or associated Conditions of Approval, shall be administratively approved through the plan check process with the mutual consent and approval of the Developer, the Community Development Director, and the City Engineer. Changes that are not administratively approved, through the process referenced above and herein shall be amended in accordance with the Subdivision Map Act, as amended and codified within the Banning Municipal Code (BMC).

53.All Ordinances, Policy Resolutions, and Standards of the City in effect at the time this project is approved shall be complied with as a condition of this approval.

54.A Public Works Permit shall be required prior to commencement of any work within the public right-of-way. The contractor working within the public right-of-way shall submit proof of a Class “A” State Contractor’s License, City of Banning Business License, and Liability Insurance.

55.Prior to the issuance of any grading, construction, or public works permit by the City, the Applicant shall obtain any necessary clearances and/or permits from the following 525
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agencies. Permits will not be unreasonably withheld if the developer has met all typical standards for a permit and satisfied all relevant conditions of approval for the appropriate permit:
 City of Banning Fire Marshall
 City of Banning Community Development Department
 City of Banning Public Works Department
 City of Banning Water/Wastewater Department
 City of Banning Electric Department
The applicant is responsible for meeting all requirements of permits and/or clearances from the agencies from the non-inclusive list above. When the requirements include approval of approved plans, the applicant shall furnish such proof of approvals when submitting improvement plans to the City. The applicant shall comply with all conditions and mitigation measures and submit copies of all correspondence with the agencies to the Engineering Division.

56.All required plans and studies shall be prepared by a Registered Professional Engineer, Registered Professional Geologist. Registered Professional Landscape Architect or Registered Professional Surveyor in the State of California and submitted to the Public Works Department for review and approval.

57.The design of public infrastructure elements shall conform to the requirements of these Conditions of Approval, City General Plan, City/Regional Master Plans, City of Banning Grading Manual, City of Banning codes/standards, Standard Specifications for Public Works Construction (current edition), and Caltrans Standards and Specifications at no cost to any governmental agency as required by the City Engineer.

58.The design of private grading and improvements outside of public right of way shall comply with the City of Banning Grading Manual, Title 18 of the City of Banning Municipal Code, California Building Code, State Water Resources Control Board orders, rules, and regulations, and City of Banning standards and practices.

59.The following is a non-inclusive list of items that may be required by the Public Works Department. Unless otherwise authorized in writing by the City Engineer, plans shall utilize the minimum scale specified and shall be drawn on 24”x36” Mylar film. Plans should be drawn at a larger scale if additional detail and/or clarity is desired (Note:

The applicant may be required to prepare other improvement plans not listed here pursuant to improvement required by other agencies and utility purveyors):

Plans:
 Precise Grading Plan 1”=20’ Horizontal
o Include sidewalk improvements and driveway installation on this plan set
o Include water service laterals, meter boxes, and sewer laterals on separate utility sheet
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o Include private storm drain/infiltration basins on separate drainage sheet
 Retaining Wall Plan (if any) 1”=40’ Horizontal
 Erosion and Sediment Control Plan 1”=100’ Horizontal
Other engineered improvement plans prepared for City approval that are not listed herein shall be prepared in formats approved by the City Engineer prior to commencing plan preparation.

An index map shall be provided on the title sheet of all plan sets showing the overall view of the entire work area.

All plans shall be complete, to the satisfaction of the City Engineer, prior to final map recordation and determination of surety estimates.

Reports and Studies
 Geotechnical Report
 Grading and Pad Certifications and Compaction Report
 Final Hydrologic and Hydraulic Report
 Engineers Cost Estimates
Permits and Agreements
 Permission to Grade and Construction Agreements (if applicable)  City Grading Permit
 City Encroachment Permit
 Non-Interference Letters
 Performance Bonds
 Labor and Material Bond
Survey Documents
 Final Map
 Easement Dedications
 Corner Records
 Record of Survey (if necessary)

60.The applicant is responsible for resolving any conflicts with existing or proposed easements. All easement(s) of record and proposed easements shall be shown on the final map, grading plan, and improvement plans where applicable.

61.Where survey monuments exist, such monuments shall be protected or shall be referenced and reset, pursuant to the Business and Professions Code, Sections 8700 to 8805 (Land Surveyors Act).

62.All future utility systems including gas, electric, telephone, water, sewer, and cable TV, shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City codes and the utility provider.

Telephone, cable TV, and/or security systems shall be pre-wired. 527
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63.Any existing public improvements, or public improvements not accepted by the City that are damaged during construction shall be removed and replaced as determined by the City Engineer or his/her representative.

64.All precautions shall be taken to prevent washouts, undermining and subsurface ponding, caused by rain or runoff to all surface structures (curbs, gutters, sidewalks, paving, etc.). The Engineering Division may order repair, removal and replacement, extra compaction tests, load tests, etc. or any combination thereof for any such structure that was damaged or appears to have been damaged. All of the additional work, testing, etc., shall be at the expense of the Applicant.

65.Prior to the release of surety and upon completion of construction, the Applicant shall furnish the City with reproducible record drawings on Mylar film of all improvement plans that were approved by the City Engineer. Each sheet shall be clearly marked "As-Built" or "As-Constructed" and shall be stamped and signed by the engineer or surveyor certifying the accuracy and completeness of the drawings. The applicant shall have all AutoCAD files submitted to the City, revised to reflect the “As-Built” conditions

MAPPING AND SURVEY

66.The submittal, approval, and recordation of the map shall be in accordance with the provisions of the State Subdivision Map Act and Title 16, Subdivisions, of the Banning Municipal Code.

67.The final map shall have adequate reservations for public right of way as well as public and/or private utility easements and abandonment of existing utility easements to the satisfaction of the City Engineer. The applicant shall be responsible for contacting all utility providers to establish appropriate easements required to provide services to each development area.

68.The applicant shall file an Environmental Constraint Sheet. An Environmental Constraint Sheet means a duplicate of the final map on which are shown the Environmental Constraint Notes. This sheet shall be filed with the County Surveyor simultaneously with the final map and labeled ENVIRONMENTAL CONSTRAINT SHEET in the top margin. Applicable items will be shown under a heading labeled Environmental Constraints Notes. The Environmental Constraint Sheet shall contain the statement

THE ENVIRONMENTAL CONSTRAINT INFORMATION SHOWN ON THIS MAP

SHEET IS FOR INFORMATIONAL PURPOSES DESCRIBING CONDITIONS AS OF

THE DATE OF FILING, AND IS NOT INTENDED TO AFFECT RECORD TITLE INTEREST. THIS INFORMATION IS DERIVED FROM PUBLIC RECORDS OR

REPORTS, AND DOES NOT IMPLY THE CORRECTNESS OR SUFFICIENCY OF THOSE RECORDS OR REPORTS BY THE PREPARER OF THIS MAP SHEET.

As required by the City Engineer, the sheet shall delineate constraints involving, but not limited to, any of the following that are conditioned by the Advisory Agency:
archaeological sites, geologic mapping, grading, building, building setback lines, flood hazard zones, seismic lines and setbacks, fire protection, water availability, and sewage disposal.
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69.All public facilities including sewer, water, reclaimed water and drainage shall be located in a public right of way or public utility easement. All final maps shall include appropriate easements per the approved tentative map and as required by the City Engineer. All easements shall meet minimum width and access requirements as mandated by the City or governing agency.

70.Submit a copy of the title report, closure calculations, and any separate instruments or necessary right-of-way documents to the Engineering Division prior to final map approval.

71.The Applicant shall be responsible for research on private utility lines (Gas, Edison, Telephone, Cable, Internet, etc.) to ensure there are no conflicts with site development. All existing on-site utility lines that conflict with this project shall be relocated, removed, or sealed to the satisfaction of the City Engineer.

Prior to Issuance of a Grading Permit, Public Works Permit, or Construction Permit

72.The applicant, at its sole expense, shall obtain all easement acquisitions necessary to implement any portion of condition of this project, including public improvements, offsite grading and construction, offsite street requirements, offsite public utility requirements, storm drain improvements, or any other requirement of these conditions.

73.The applicant shall provide an easement over, across, and which provides ingress and egress to fire department access dedicated to the City, for ingress, egress, and right to inspect otherwise directed by the City Engineer.

Prior to Map Recordation

74.Security for the construction of public improvements in accordance with Government Code Section 66499 shall be as follows:

Faithful Performance Bond 100% of estimated cost
Labor and Material Bond 100% of estimated cost
 Monumentation Bond - In the amount as supplied by the Record Engineer/Land Surveyor and as approved by the City Engineer.
 Securities for the public improvements shall be on file with the City Clerk prior to scheduling the final map for approval by City Council. Unit prices for bonding estimates shall be those specified or approved by the City Engineer.  The developer shall provide the City Engineer an Improvement Certificate, or other surety acceptable to the City Engineer, prior to or concurrent with the Offer(s) of Dedicated referenced above.

Prior to the Issuance of a Building Permit

75.The applicant shall verify and/or set all property corners, r/w corners, and centerline monuments. Subsequently, the applicant shall cause the surveyor to file the appropriate documents and records to the County of Riverside. 529
Exhibit B to Resolution 2024-155

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September 24, 2024
Prior to the Release of Surety

76.Public improvements shall be completed and accepted by City of Banning prior to release of Faithful Performance Bond and Labor and Material Bond for such improvements. Faithful Performance Bond for applicable public improvements shall be reduced to 10% once City accepts improvements into maintenance period. Final 10% to serve as the maintenance bond for the 1-year maintenance period.

77.The Applicant shall comply with Assembly Bill 1414, which was enacted on January 1, 1995, and amended Section 8771 of the Business and Professions Code of the Land Surveyors Act. Assembly Bill 1414 requires that two (2) corner records be filed when:
 Monuments exist that control the location of subdivisions or tracts, streets or highways; or provides survey control. The monuments are located and referenced by a licensed Land Surveyor before any streets or highways are reconstructed or relocated. The corner record(s) of the references are filed with the County Surveyor.
 Monuments are reset in the surface of the new construction and a corner record is filed with the County Surveyor before recording of a Certificate of Completion for the project.

78.Permanent survey monuments shall be set in accordance with standard survey practice. A complete set of street centerline ties shall be submitted to the Engineering Division upon completion of improvements or prior to release of the monumentation bond.

STREETS AND TRAFFIC

79.Any public improvements damaged during the course of construction shall be replaced to the satisfaction of the City Engineer, or his/her designee.

80.Access drives to the public right-of-way shall be restricted to those approved by the City Engineer as shown on the approved plans.

81.Residential driveway grades shall not exceed ten percent unless approved by the City Engineer.

Prior to Recordation of a Final Map

82.The applicant shall provide estimates to construct, improve, or finance the proposed public improvements to the City Engineer for review and approval. The estimate shall differentiate between public improvements within the property boundaries of the tentative map, improvements outside the project boundaries and public improvements which abut the boundary of the property to be subdivided.

83.Applicant shall post a bond with the City of Banning to guarantee the repair of the roads.

84.Landscape and irrigation plans for parkway improvements shall be submitted for approval and shall be subject to approval by the Community Development Director and City Engineer.

Prior to any Certificate of Occupancy (COO)
530
Exhibit B to Resolution 2024-155

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September 24, 2024

85.All required public improvements for the project shall be completed, tested, and approved by City of Banning and/or Caltrans to the satisfaction of the City Engineer or their designee.

Prior to Release of Bonds/Surety

86.Applicant shall make pavement repairs necessary to mitigate the impacts of project construction traffic on all affected existing streets.

Landscaping

87.The applicant shall plant and maintain trees, shrubs, and ground cover placed in the parkway constructed in connection with the project in accordance with applicable City standards. This includes ensuring that irrigation systems are operating properly, the clearing of debris, and regular weed removal.

88.The Applicant shall prepare a water conservation using xeriscape principles. “Xeriscape” shall mean a combination of landscape features and techniques that in the aggregate reduce the demand for and consumption of water, including appropriate low water using plants, non-living ground-cover, a low percentage of turf coverage (limited to 25% of the planted area), and water conserving irrigation techniques and systems. A low water-using drought tolerant plant includes species suited to our climate, requiring less water in order to grow well.

89.An automatic sprinkler system and landscaping shall be installed, prior to certificate of occupancy for the portion of the project for which certificates of occupancy are requested, within the common areas including perimeter slopes and the interior collector streets. Each system shall include a smart landscape irrigation controller (including remote communication), a separate water meter and electric meter, and plantings as approved by the Community Development Director. Landscaping plans and specifications shall be reviewed and approved by the City Engineer.

GRADING AND DRAINAGE

90.The project grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained for the release of concentrated or diverted storm flows. The project shall accept and convey storm flows from the adjacent property within the property boundaries, or within drainage devices and easements obtained by the applicant.

91.The applicant shall comply with Title 18 of the Banning Municipal Code “Grading, Erosion, and Sediment Control”, the City of Banning Grading Manual, California Building Code related to excavation and grading, and State Water Resources Control Board orders, rules, and regulations.

92.Grading work shall be balanced on-site, wherever possible. If export is required as a result of the final grading plan, then measures will be taken to be in compliance with the applicable City of Banning Ordinances at time of final grading plan approval.

93.Rough grading plans shall include perimeter walls with top of wall and top of footing elevations shown. All footings shall have a minimum of 1-foot of cover, and/or sufficient cover to clear any obstructions. The Applicant shall submit design 531
Exhibit B to Resolution 2024-155

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September 24, 2024
calculations and obtain permits for all perimeter and retaining walls from the Building and Safety Department.

94.The applicant shall comply with Chapter 13.24 “Stormwater Management Systems” of the Banning Municipal Code.

95.The applicant shall submit a Drainage Study with hydrologic and hydraulic analysis for developed and undeveloped (existing) conditions to the Engineering Division for review and approval. The study and analysis shall be prepared by a civil engineer licensed by the State of California. Drainage design shall be in accordance with Banning Master Drainage Plan adopted by Riverside County Flood Control and Water Conservation District (RCFCD), RCFCD Hydrology Manual, and standard plans and specifications. The 10-year storm flow shall be contained within the street curbs, and the 100-year storm shall be contained within the street right-of-way; when this criteria is exceeded, additional drainage facilities shall be designed and constructed.Prior to Issuance of a Grading Permit

96.A grading permit shall be obtained from the Public Works Department prior to the commencement of any grading work.

97.Detailed grading plans shall be prepared and approved by the City prior to any on-site grading for the project.

98.Prepare an erosion control plan that provides the developed phases with the required flood protection. Flood protection shall be determined by the size of the undeveloped areas and the flow patterns.

99.A soils report and geotechnical study shall be submitted in conjunction with the grading plan with further analyses of on-site soil conditions and appropriate measures to control erosion and dust. Any issues or recommendations provided in the report shall be addressed to the satisfaction of the City Engineer. The responsible geotechnical engineer shall sign and stamp all grading plans indicating the plan complies with the recommendations of the comprehensive soils and geotechnical report.

Prior to the Issuance of a Building Permit
100. A precise grading plan shall be submitted to the City Engineer for review and approval. A grading permit shall be obtained prior to commencement of any grading activity.
101. The applicant shall provide a lot pad certification. The pad certification shall include an elevation and compaction certification. The elevation certification shall be stamped and signed by a licensed civil engineer or land surveyor and shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. The compaction certification shall list the relative compaction of the pad soil and shall be certified by a licensed geotechnical engineer.

Prior to Recordation of a Final Map
102. A Grading Plan and Erosion Control Plan shall be submitted to the City Engineer for review and approval.
532
Exhibit B to Resolution 2024-155

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September 24, 2024

POTABLE WATER IMPROVEMENTS
103. All public potable water improvements shall be constructed per City of Banning Standards and Specifications, Standard Specifications for Public Works Construction, current edition, or as otherwise approved in writing by the City Engineer. 104. All private potable water improvement shall be designed and constructed per California Building Code, California Plumbing Code, and California Fire Code, latest editions. All private improvements shall be concurrently reviewed by the Building and Safety Department.
105. All private fire suppression systems shall be reviewed and approved by the City Fire Marshall.
106. Applicant shall install facilities within public rights of way. Where public right of way is not available, applicant shall provide easement rights to the City of Banning covering existing and proposed facilities necessary for the project. 107. A water improvement plan shall be submitted, on separate sheets within the precise grading plan showing proposed water service connection sizes and locations.

Water laterals shall be installed per City of Banning Standard W-4 with dual water lines for each unity for potable and fire service.
108. Separate meters are required for each unit, and each meter requires an individual connection to the existing water main. Meter boxes shall be located outside the driveway easement for the 3 units.

Prior to Recordation of a Final Map
109. Prior to recordation of the final tract map, improvement plans for water facilities shall be prepared by a Licensed Engineer and submitted for review and approval by the City Engineer. All proposed new water laterals shall connect into the City’s water supply and be designed and constructed to City Standards.

SEWER IMPROVEMENTS
110. All public sewer improvements shall be constructed per City of Banning Standards and Specifications, Standard Specifications for Public Works Construction, current edition, or as otherwise approved in writing by the City Engineer. 111. Applicant shall install facilities within public rights of way. Where public right of way is not available, applicant shall provide easement rights to the City of Banning covering existing and proposed facilities necessary for the project. 112. Submit Sewer Improvement Plans included on the Precise Grading Plan utility sheet. to the City Engineer for review and approval. The proposed new sewer laterals shall connect into the City’s sewer system.
113. Each residential unit shall have its own sewer lateral and shall be PVC SDR 26. 114. A sewer check valve shall be provided for each building with a finish pad elevation lower than the rim elevation of the immediate up-stream sewer manhole. 533
Exhibit B to Resolution 2024-155

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115. Any pad with an elevation lower than the nearest upstream manhole rim elevation shall require a backwater valve.

Prior to Recordation of a Final Map
116. Prior to recordation of the final tract map, associated improvement plans for sewer facilities shall be submitted to the City for review and approval and shall be substantially complete to the satisfaction of the City Engineer.

TRASH/REFUSE/RECYCLING/ORGANICS

SOLID WASTE COLLECTION SERVICES
117. Effective January 1, 2022, all residential, single-family units shall subscribe to City’s three-container (trash, recycling, organics), Collection Services per Banning Municipal Code, Title 8.28, “Garbage Collection and Disposal”. Information on the program is available on the City of Banning website and made available at the following link: https://library.municode.com/ca/banning/codes/code_of_ordinances.

CONSTRUCTION & DEMOLITION PROJECTS
118. Pursuant to CAL Green Building Standards Code section code 5.408.

Construction and demolition wastes must be recycled and or salvaged for a reuse minimum of 65% of nonhazardous construction demolition waste materials. All projects require construction waste reduction, disposal and recycling services that comply with the 2019 California Green Building Standards Code (CALGreen) as described in the Non-Residential (5.408).
119. Applicants are required to use the City’s exclusive franchise hauler unless otherwise approved in writing by the Public Works Department. 120. Applicants are encouraged to review the referenced sections in the 2019 California Green Building Standard Code:https://calgreenenergyservices.com/wp/wpcontent/uploads/2019_california_green_code.pdf. 121. Applicants shall submit a Construction and Demolition Waste Diversion Plan to the City’s Solid Waste Program Coordinator (SWPC) prior to commencement of construction or demolition. Contact the SWPC at [email protected] or 951.922.3193 for further details and to obtain a plan template. 122. Applicants shall submit a Construction and Demolition Waste Diversion Reporting Form to the City’s Solid Waste Program Coordinator upon completion of the project to obtain diversion approval prior to final sign-off. Contact the SWPC at [email protected] or 951.922.3193 for further details and to obtain a report form template.

FEES
123. All fees must be paid in full at the thresholds identified below. 124. Evidence of paid fees to agencies outside the City of Banning is required prior to the issuance of any applicable permit.
534
Exhibit B to Resolution 2024-155

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September 24, 2024
125. Plan check fees for professional report review and all improvement plan reviews shall be paid at the time of submittal of said documents in accordance with the fee schedule in effect at the time of the submittal.

Prior to the Issuance of a Grading Permit
126. Public Works Inspection fees shall be paid prior to the issuance of any permits in accordance with the fee schedule in effect at the time of scheduling.

Prior to the Issuance of an Encroachment Permit
127. Public Works Inspection fees shall be paid prior to the issuance of any permits in accordance with the fee schedule in effect at the time of scheduling.

Prior to Issuance of Certificate of Occupancy
128. Water connection fees and water meter installation charges shall be paid in accordance with the fee schedule in effect at that time. 129. Sewer connection fees will be based on a combination of quantity and quality of sewer discharges, and paid prior to permit issuance.
130. Development Impact Fees shall be paid in accordance with the fee schedule in effect at the time that the fees are paid.
131. A plan storage fee shall be paid for any engineering plans that may be required prior to issuance of certificate of occupancy in accordance with the fee schedule in effect at the time the fee is paid.

Fire Department
With respect to the conditions of approval for the referenced project, the Fire Department requires the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards:
132. Fire Hydrants and Fire Flow: Prior to the issuance of building permits, plans for the water system shall be submitted to the fire department for review and approval. The water system shall be capable of delivering the required fire flow. Fire hydrant(s) location and spacing shall comply with the fire code. An approved water supply for fire protection during construction shall be made available prior to the arrival of combustible materials on site. Reference 2019 California Fire Code (CFC) 507.5.1, 3312, Appendices B and C.
133. Fire Department Access: Prior to building permit issuance, provide a site plan showing the fire lanes. Access roads shall be provided to within 150 feet to all portions of the exterior building walls and shall have an unobstructed width of not less than 24 feet. The construction of the access roads shall be all weather and capable of sustaining 40,000 lbs. over two axles for areas of residential development and 60,000 535
Exhibit B to Resolution 2024-155

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September 24, 2024
lbs. over two axels for commercial developments. Approved vehicle access, either permanent or temporary, shall be provided during construction Ref. CFC 503.1.1, 3310.1 and 503.2.1
134. Fire Department Access Easement: Prior to building permit issuance, the developer shall cause preparation of a Plat and Legal Description (prepared by a licensed surveyor or civil engineer) for the common driveway as an easement for residential access and public emergency and service vehicles. Said easement shall be dedicated in favor of the future residential lots in equal share. The easement documents shall require that the access road is kept in a state of good repair in perpetuity.

Easement documents shall be submitted to the Office of the City Engineer and Office of the Fire Marshal for review and approval.
135. Grading Permit Fire Department Review: Submittal to the Office of the Fire Marshal for Precise Grading Permit will be required.
136. Construction Permits Fire Department Review: Submittal of construction plans to the Office of the Fire Marshal for development, construction, installation, and operational use permitting will be required. Final fire and life safety conditions will be addressed when the Office of the Fire Marshal reviews these plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code, and related codes, which are in effect at the time of building plan submittal. 137. Fire Sprinkler System: Approved automatic sprinkler systems shall be provided throughout all new buildings and structures. Automatic fire sprinklers shall be installed per the requirements set forth in CFC Sections 903.2.1 through 903.2.18. 138. Fire Alarm and Detection System: A water flow monitoring system and/or fire alarm system may be required and determined at time of building plan review. Ref. CFC 903.4, CFC 907.2 and NFPA 72
139. Deferred Submittals:
 Fire Suppression Systems
 Fire Alarm System
 CO2 Enrichment Systems
 Pre-Fixed Suppression Systems
***END***
536

CITY OF BANNING

STAFF REPORT
TO: PLANNING COMMISSION
FROM: David Newell, Community Development Director
PREPARED BY: Emery Papp, Senior Planner
MEETING DATE: September 4, 2024
SUBJECT: Consideration of Resolution 2024-16, Recommending Approval of Tentative Tract Map 38797 for a Proposal to Subdivide 0.6 Acres (26,143 square feet) of Land Into Three Single-family Residential Lots Located on the Southwest Corner of Wilson Street and 8th Street, in the Low Density Residential Zoning District (APN’s 540-033-045, 540-033-046, and 540-033-047). The Project Has Been Reviewed in Accordance With the California Environmental Quality Act (CEQA) and a Notice of Exemption From Further CEQA Review Has Been Prepared for the Planning Commission’s Consideration
PROJECT APPLICANT:

Habitat For Humanity of the San Gorgonio Pass Area
Amy Minjares, President
P. O. Box 269
Banning, CA 92220
BACKGROUND:

The mission of Habitat for Humanity San Gorgonio Pass Area is to help low-income qualified families achieve the goal of home ownership. They build quality, affordable homes and sell them to qualified lowincome families. This helps revitalize neighborhoods and communities in the San Gorgonio Pass Area.

Habitat accomplishes its mission with the kindness and willingness of community volunteers and donations. Future homeowners also help by completing "sweat equity" hours either constructing or rehabilitating homes.

To further assist in meeting the mission of Habitat for Humanity of the San Gorgonio Pass Area, Habitat submitted an application for a Tentative Parcel Map to subdivide approximately 0.6 acres of land into three new residential lots on September 6, 2023.
1 537
DESCRIPTION:

The 0.6-acre vacant site consists of two undeveloped infill parcels, and one formerly developed homesite where only the original foundation and some existing concrete flatwork remain on-site. The three parcels are primarily covered with dry, low grasses and scattered brush, and have been maintained by Habitat.

The site slopes generally downward from the northwest to the southeast. The highest point at the northwest corner is 2,459 feet above mean sea level (amsl) and the lowest point at the southeast corner is 2,446 amsl. The project site is located at the southwest corner of 8th Street and Wilson Street, with two lots fronting onto Wilson Street, and the corner lot fronting onto 8th Street. The property consists of three existing lots that will be reconfigured into three new lots and an eight-foot wide sewer easement will be recorded along the southerly property lines of each lot to facilitate connection to the existing sewer in 8th Street. The surrounding built environment to the East, South and West of the site are developed with single-family residential lots. To the North and across Wilson Street is Susan B. Coombs Alternative Education school. The property is currently zoned Low Density Residential (LDR), which establishes a minimum single-family residential lot size of 7,000 square feet, a minimum lot width of 70 feet, and a minimum lot depth of 90 feet. As proposed, all three of the proposed residential lots meet the development standard criteria for lot size.

FINDINGS:

An application for a Tentative Parcel Map requires that it meet specific findings in accordance with Title 16 of the Banning Subdivision Municipal Code and Government Code Section 66473.5 and Section 66474. The Planning Commission of the City of Banning does hereby recommend that the City Council of the City of Banning make the following findings and determinations in connection with the approval of the project:

Finding: The proposed map is consistent with the General Plan.

Findings of Fact: The General Plan land use designation for the site is classified as Low Density Residential which allows housing densities from 0 to 5 dwelling units per acre. The applicant is requesting a subdivision of three vacant single-family parcels into three new Low-Density Residential (LDR) zoned properties with a sewer easement to be recorded across all lots. Lot 1 is proposed to be 7,850 square feet in size, Lot 2 is proposed to be 7,851 square feet in size, and Lot 3 is proposed to be 10,443 square feet in size. This density level is within the range permitted under the General Plan land use designation for this site. One of the primary policies of the Land Use Element of the General Plan is that projects adjacent to existing neighborhoods shall be carefully reviewed to assure that neighborhood character is protected. The proposed Tentative Parcel Map serves to achieve this objective in that the subdivision design is consistent with existing neighborhood housing stock. The proposed Map furthers the objectives and policies of the General Plan and is compatible with the land uses districts within the general vicinity of the Project.

Finding: The design or improvement of the proposed subdivision is consistent with the City’s General Plan.

Findings of Fact: The proposed subdivision has been designed to meet City standards which provide satisfactory pedestrian and vehicular circulation, including emergency vehicle access and on-site improvements, such as streets, utilities, and drainage facilities have been designed and are conditioned to be constructed in conformance with City standards and consistency with the General Plan.

Finding: The site is physically suitable for this type of development.

Findings of Fact: The 0.6-acre site is relatively flat and will be subdivided into three lots that will be compatible in size to other surrounding properties. The proposed project is adjacent to existing residential development and has availability of all services including streets, water, sewer and electricity.

Therefore, the site is physically suitable for this type of development.

Finding: The site is physically suitable for the density of development.

Finding: The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

Findings of Fact: The site is currently vacant, is surrounded by existing single-family homes and a school in a built environment, and does not contain any significant vegetation or habitat for wildlife. Per the Multiple Habitat Conservation Plan (MSHCP), there is no evidence that any endangered, threatened or listed species of plant or animal, or its habitat, is located on the site. There is no evidence that vernal pool complex, similar bodies of water, or conditions suitable for forming such bodies of water exist on the site. The Project incorporates conditions intended to comply with the recommendations of the MSHCP.

In addition, this Project has been conditioned to comply with the environmental policies and regulations of the City of Banning and those of all local and regional governmental agencies having jurisdiction over the site.

Finding: The design of the subdivision or type of improvements is not likely to cause serious public health problems.

Findings of Fact: The design of the subdivision is in conformance with the City’s General Plan, Zoning Ordinance, and Subdivision Ordinance. Future construction of homes on the site has been conditioned to comply with all applicable City of Banning ordinances, codes, and standards including, but not limited to, the California Uniform Building Code, the City’s Ordinances relating to stormwater runoff management and controls. In addition, the design and construction of all improvements for the subdivision have been conditioned to be in conformance with adopted City street and public works standards. The City’s ordinances, codes, and standards have been created based on currently accepted standards and practices for the preservation of the public health, safety and welfare.

Finding: The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

Findings of Fact: No easements of record or easements established by judgement of a court of competent jurisdiction for public access across the site have been disclosed in a search of the title records for the site and the City does not otherwise have any constructive or actual knowledge of any other such easements. The Tentative Map proposes a sewer easement internally to the Project for future connection to an existing sewer line in 8th Street. The proposed easement shall be recorded concurrent with the Final Map.

ENVIRONMENTAL DETERMINATION:

The Planning Division staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA and the State CEQA Guidelines. The project qualifies for exemption status under CEQA Guidelines Section 15315 (Minor Land Division) a Class 15 Categorical Exemption which consists of the division of property in areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than twenty percent.

PUBLIC COMMUNICATION:

The proposed project was advertised in the Record Gazette newspaper, and notices were mailed to property owners within a 300-foot radius of the project site on August 23, 2024. As of the date of this report, staff has received no written comments for or opposed to the Tentative Parcel Map. 3 539
ATTACHMENTS:

1. PC Resolution 2024-16 TPM 38797.docx

2. COA TPM 38797.docx

3. TPM38797_Project Plans.pdf

4. PHN TPM 38797 Final.pdf

5. TPM 38797 NOE.docx
4 540

CITY OF BANNING

Receive, file, and discussion only
BACKGROUND:

City Council Member Flynn requested an overview of the industrial development projects currently under review by City staff to provide additional information to the public of the type and amount of development projects that are anticipated to be considered before the Planning Commission and the City Council in the future. The City Council should be mindful that this is a broad overview and presentation on the proposed projects. This item is not a public hearing on any of the proposed projects. Each of the of the proposed projects that are seeking entitlements will involve a quasi-adjudicatory proceeding before the Planning Commission and/or the City Council. For those projects, it is important that Council Members refrain from making comments that may indicate bias or a predetermination of the vote that will be cast.

The projects to be briefly introduced this evening that are currently under review include:

AMCO Structures
Banning Commerce Center (Sansone)
Banning 25 (Seefried)
Condon Johnson Heavy Equipment Yard
First Hathaway Logistics
Sunset Crossroads Specific Plan
WEKA Industrial
Recently Approved Industrial Projects include:

Brown Strauss Steel
Charles Street Industrial Building (CDRE Holdings)
First Lincoln Logistics
KCB Towers Equipment Yard
KVL Tires
Banning Pallet Yard
Graphic images and summaries for each project can be found in the attached PowerPoint presentation. 541
JUSTIFICATION:

This is a City Council initiated request to present information pertaining to entitlement applications for industrial development projects currently being processed by the City of Banning. This exercise will provide additional information to the City Council and the general public regarding the proposed projects in addition to the project information available to the public on the City's website.

FISCAL IMPACT:

No Fiscal Impact, only staff time to prepare the presentation.

ALTERNATIVES:

None
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Industrial_Projects_Overview1.pdf

2. Item 9.1 CC 09-24-2024 Industrial Project Overview.pptx 542
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UNION PACIFIC RAILROAD

UNION PACIFIC RAILROAD UNION PACIFIC RAILROAD UNION PACIFIC RAILROAD

UNION PACIFIC RAILROAD

UNION PACIFIC RAILROAD UNION PACIFIC RAILROAD UNION PACIFIC RAILROAD County of San Bernardino, Maxar
101 W. Lincoln
First Lincoln Logistics
¯
0 0.5 1
Miles
Banning Point Sunset Crossroads WEKA
Charles St. CDRE
Condon Johnson
KCB Towers
Pallet Yard
KVL Tires
Brown Strauss
First Hathaway Logistics
Banning Commerce Center
Banning 25

INDUSTRIAL PROJECTS
Prepared August 27, 2024
543

CITY COUNCIL
DISCUSSION ITEM NO. 9.1
SEPTEMBER 24, 2024
An Overview of Industrial Development Projects in the City of Banning 544
Background
 Councilmember Flynn requested a presentation pertaining to entitlement applications for industrial development projects currently being processed by the City of Banning.
 This presentation will provide general information to the City Council and the general public regarding the proposed projects.
 Included in the presentation are recently approved projects.  The presentation will also serve to identify where project information is available to the public on the City's website.
 The information is presented as receive and file only, comments or questions inferring level of support for any listed project would be improper at this time.
545
Map Overview
546
Industrial Projects Under Review
547
AMCO Structures – 101 W. Lincoln St
548
AMCO Structures – 101 W. Lincoln St
Design Review for:
• Two new industrial buildings
totaling 51,144 s.f. on 2.6-acre
site
• Purpose to construct modular
offices and classroom buildings
• Infrastructure improvements –
widen NWC of intersection
• Employ skilled tradespeople –
welders, carpenters, electricians,
etc.
549
AMCO Structures – 101 W. Lincoln St
550
Banning Commerce Center – APN
532-030-008, -009, 532-110-015
551
Banning Commerce Center – APN 532-030-008, -009, 532-110-015 Design Review for:
• 1,320,000 square-foot industrial building (39,600 SF
of office space and 1,280,400 SF of warehousing) on
131.33 acres, including:
• 640,200 SF of warehousing
• 640,200 SF of high-cube fulfillment (sort) uses
• One concrete tilt-up building on a flat slab
foundation, driveways, parking areas, landscaping,
other appurtenant infrastructure
• Right-of-Way improvements along Project
frontages, including the extension of Wilson Drive
to the future Cottonwood Avenue alignment.
552
Banning Commerce Center – APN
532-030-008, -009, 532-110-015
553
Banning 25 (Seefried) 820 S. Hathaway St.
554
Banning 25 (Seefried) 820 S. Hathaway St.

Design Review and Tentative Parcel
Map:
• Development of a one-story
office/warehouse totaling 418,205
SF on 25.07 acres
• Proposed uses include
warehousing, distribution, storage,
and fulfillment
• TPM to consolidate 6 parcels
555
Banning 25 (Seefried) 820 S. Hathaway St.
556
Condon Johnson – 1862/1910 E. Westward St.
557
Condon Johnson – 1862/1910 E. Westward St.

Design Review for:
• Storage of heavy equipment, machinery,
and construction materials
• Improvements include impervious
surfaces, new driveways, frontage
improvements, trench drains, oil/water
separators, storm drain
558
First Hathaway Logistics – APNs 532-110-001,
-002, -003, -008, 009, 010
559
First Hathaway Logistics – APNs 532-110-001,
-002, -003, -008, 009, 010
The Design Review will permit:
• Development a 1,414,362 square-foot
warehouse distribution building with
employee/visitor and trailer parking on

94.86-acre Business Park zoned site
• 7.61 acres for additional trailer parking
• 1.65 acres to remain generally
undeveloped
• 10.06 acres dedicated for public roadways
to facilitate access to the site and adjacent
properties.
560
First Hathaway Logistics – APNs 532-110-001,
-002, -003, -008, 009, 010
561
Sunset Crossroads SP – APNs (multiple)
562
Sunset Crossroads SP – APNs (multiple)
Approval of the Project will require:
• Project EIR
• General Plan Amendment
• Zone Change
• Development Agreement
• Tentative Parcel Map
• Future Annexation
Project approval will allow for:
• 268,400 s.f. of Commercial uses
• 5.5M s.f. of Industrial uses
• 53 acres of Open Space
• 12.6 acres of Park Space
• Dedication of a Fire Station site
563
Sunset Crossroads SP – APNs (multiple)
564
WEKA Industrial – APNs 532-130-021
565
WEKA Industrial – APNs 532-130-021
Design Review for the
proposed development
of a 12,400 SF building
for warehouse and office
use on approximately

4.38-acres of land
566
WEKA Industrial – APNs 532-130-021
567
Recently Approved Industrial Projects
568
Brown Strauss Steel – 1219 & 1431 W. Lincoln St.
569
Brown Strauss Steel – 1219 & 1431 W. Lincoln St.

The Project provides / allows for:
• General Plan Amendment
• Zone Change
• Parcel Merger
• Parking Reduction
• Construction and operation of a
steel distribution facility with a
42,510 s.f. warehouse building
with 3,434 square feet of office
space on 14. 92 acres of land
570
Brown Strauss Steel – 1219 & 1431 W. Lincoln St.
571
Charles St. Industrial Building, APN 532-
180-045, -046
572
Charles St. Industrial Building, APN 532-
180-045, -046 The Design Review proposes to
construct:
• An 82,204 SF speculative light
industrial building with related paved
access, parking, landscaping, and
drainage improvements.
• 7,500 SF of office space and 74,704
SF warehouse space.
• 22 dock doors and 2 grade level
doors will serve the building.
• 2 30’ wide driveway entrances are
proposed along the project frontage
of Charles Street to provide
passenger vehicle and truck access.
573
Charles St. Industrial Building, APN 532-
180-045, -046
574
First Lincoln Logistics – APNs 540-210-000, -020
575
First Lincoln Logistics – APNs 540-210-000, -020
The Design Review will permit:
• The development of a 108,786
square foot warehouse, including
10,000 square feet of office space,
on two floors for a total of 118,786
square feet
• Tentative Parcel Map 38437 to
combines two parcels of land
totaling 6.23-acres located at the
northeast corner of 4th and Lincoln
Streets
576
First Lincoln Logistics – APNs 540-210-000, -020
577
KCB Towers – APN 532-160-005
578
KCB Towers – APN 532-160-005
The Design Review allows for:
• New construction and operation of a
structural steel fabrication facility
• 30,240 square-foot building
• 5,400 square-foot storage building
• 1,200 square-foot office building on a

4.57-acre site
579
KCB Towers – APN 532-160-005
580
KVL Tires – 1284 E. Lincoln St.
581
KVL Tires – 1284 E. Lincoln St.

The CUP will allow for:
• Operation of a tire retreading facility
• Warehousing
• Tire wholesaling
• Retail sales and service within an existing
53,789 square-foot building on an 8.42-acre site
• There are no proposed modifications to the
exterior of the building
582
Banning Pallet Yard – 1350 E. Barbour St.
583
Banning Pallet Yard – 1350 E. Barbour St.

The Conditional Use Permit will allow for:
• Manufacturing and pallet storage on a 4.9 acre existing industrial site with four buildings totaling approximately 13,250 square feet located at 1350 East Barbour Street
584
Banning Pallet Yard – 1350 E. Barbour St.
585
Online Access to Project Information
586
Online Access to Project Information
587
Online Access to Project Information
588
Thank you!
Staff is Available for Questions
Contact Information
Emery J. Papp
Planning Manager
[email protected]
589

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Art Vela, Public Works Director
Lincoln Bogard, Administrative Services Director
MEETING DATE: September 24, 2024
SUBJECT: Discussion of the Banning Electric Utility Emergency Rate Increase Scenarios
RECOMMENDATION:

Discussion of the Banning Electric Utility Emergency Rate Increase Scenarios and provide staff with direction with which scenario to move forward with.

BACKGROUND:

On August 27, 2024, City Council received a report from staff and discussed four options for a potential Banning Electric Utility Emergency Rate In Increase, staff report attached hereto. The four options were are follows:

Option 1 Option 2 Option 3A/3B Option 4
Description No Action Maintains Services
Maintains Services
and Replenishes
Cash with Rate
Revenues
Maintains Services
and Replenishes
Cash $10M Bond
Rate Increase None 13% in FY 2025
64% in FY 2025 or
22% in FY 2025 and
22% in FY 2026
13% in FY 2025
After discussing the options above, Councilmembers selected their preferred option as follows:
- Mayor Sanchez: Option 4
- Mayor Pro Tem Minjares: Option 3B
- Councilmember Wallace: Option 3B
- Councilmember Flynn: Option 3B
- Councilmember Happe: Option 3B
As part of the discussion, Mayor Pro Tem Minjares and Councilmember Flynn requested that staff also provide a revised Option 3 to spread the increases over three years rather than two years.

Staff has evaluated and prepared the following scenarios for Council's consideration:
590
Scenario 3B
This scenario is very similar to the scenario shown to City Council in August and models what kind of rate increase would be required to bring the Electric Utility’s cash from negative to positive by the end of fiscal year 2026. This modeling assumes two rate increases – one in November 2024 and one in November 2025. Each of these rate increases is 22.7%. This is slightly higher than the 22% increases shown to Council in August because the analysis in August assumed that the first rate increase would be effective October 1 compared to the November 1 assumption in this update. This analysis assumes that rate increases apply equally to both the energy charge (per kWh) and the Basic Service Charge.

Of the scenarios evaluated for this report, this scenario has the greatest near-term increases.

Scenario 3C
Based on a request at the August 27th City Council meeting, this scenario evaluates the annual rate increases needed to bring the Electric Utility’s cash from negative to positive by the end of fiscal year 2027. Because this scenario assumes a longer recovery, it requires approximately 14.7% annual rate increases – one in November 2024, one in November 2025, and one in November 2026. Under this scenario, the cash balance stays negative until FY 2027. Similar to scenario 3B above, the modeling for this scenario assumes the energy charge (per kWh) and the Basic Service Charge increase with the rate increases.

Because this scenario has the slowest recovery of the Electric Utility’s cash, there is greater risk that unforeseen expenses or cost increases prevent that recovery. Additionally, there is greater risk of further downgrades in the Electric Utility’s credit rating because of this slower recovery.

Finally, due to the anticipated timing of a Cost of Service Study, it is likely that the November 2026 rate increase under this scenario will be changed to something other than 14% based on the findings of that study.

Scenario 4B
This scenario explores the strategic use of bond funding to facilitate the recovery of Electric Utility’s cash position by the end of fiscal year 2026. Unlike the bonds scenario presented to the Council in August (Scenario 4), this Scenario 4B assumes a significantly smaller amount of bond funding raised: $6 million total. That amount is split into $2.2 million raised from a tax-exempt financing and $3.8 million raised from a taxable financing. While the taxable portion is used to replenish fund balance, the tax-exempt portion of the financing is used to address the budgeted capital expenditures in FYE 2025 and 2026. While the entire financing will likely be unrated given the current “BB” credit rating, unlike a taxable interest rate (assumed to be 7%) this analysis assumes a tax-exempt interest rate of 5.5% for a 20-year financing.

Under this scenario, two 13.9% annual rate increases are needed in FY 2025 and FY 2026, followed by additional rate increases in future years to support the debt service. Preliminary modeling suggests that those rate increases beyond FY 2026 are in the 4-6% range.

Unlike Scenarios 3B and 3C above, this Scenario 4B spreads the costs of the capital expenditures and fund balance recovery over a longer period of time. However, because this scenario uses bond financing, there is the cost of long-term bond repayments – though those costs are spread out over 18- 20 years.

The table below summarizes of the key comparisons of the three scenarios for the Residential Service Rate. Please note that the projections for FY 2027 will likely change based the findings of the Cost of Service Study:
591
FY 2025 FY 2026 FY 2027
Date Rate Increases Effective November 1 November 1 November 1 Scenario 3B
Rate Increase (Energy Charge Only) 22.7% 22.7% 0%
Cost per kWh $0.174 $0.214 $0.214
Basic Service Charge $37 $45 $45
Avg SFR Monthly Bill* $136 $165 $165
Scenario 3C
Rate Increase (Energy Charge Only) 14.7% 14.7% 14.7%
Cost per kWh $0.163 $0.187 $0.214
Basic Service Charge $34 $39 $45
Avg SFR Monthly Bill* $127 $145 $166
Scenario 4B
Rate Increase (Energy Charge Only) 13.9% 13.9% 5%
Cost per kWh $0.162 $0.184 $0.194
Basic Service Charge $34 $39 $41
Avg SFR Monthly Bill* $126 $143 $150
JUSTIFICATION:

The Electric Utility’s cash balance has decreased significantly in recent years due to a combination of capital spending and inflationary pressures. Over Fiscal Years 2020-21 through 2022-23, the Electric Utility spent $10 million per year on average toward capital projects. Additionally, while the Electric Utility has historically been able to generate sufficient operating revenues to cover operating expenses, in each of the last three fiscal years – 2022, 2023 and 2024 – operating expenses have been greater than operating revenues. One driver behind this is power purchase costs, which increased 31% from 2019 to 2023.

The General Fund’s cash balance in FYE 2023 was $4.5 million after including a $3.5M amount due from other funds. This is a marked decrease from the General Fund’s pooled cash balances over $13 million in fiscal year 2018. Continued borrowing from the General Fund is not an option to support the Electric Utility. Additionally, the Banning Utility Authority’s Water and Wastewater Funds are subject to California’s Proposition 218 related to utility rates and charges and having those funds’ send cash to the Electric Utility could expose the City to the risk of a legal challenge.

The options listed above would provide relief to the current fiscal challenges faced by BEU.

FISCAL IMPACT:

Options 3B, 3C and 4B have different degrees of fiscal impact to the Banning Electric Utility.

ALTERNATIVES:
592

1. Option 3B

2. Option 3C

3. Option 4B

4. Provide alternative direction to staff.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. 8.27.24 Electric Rate Increase Options Staff Report.pdf

2. 8.27.24 Electric Rate Increase Power Point NHA Advisors.pdf

3. Option 3B Electric Rate Schedules.pdf

4. Option 3C Electric Rate Schedules.pdf

5. Option 4B Electric Rate Schedules.pdf

6. Financial Analysis of Options.pdf
593

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Art Vela, Public Works Director
Lincoln Bogard, Administrative Finance Director
MEETING DATE: August 27, 2024
SUBJECT: Discussion of the Banning Electric Utility Emergency Rate Increase Scenarios
RECOMMENDATION:

Discuss the different alternatives for a possible emergency electrical rate increase and provide direction to staff.

BACKGROUND:

On May 14, 2024 City Council approved Resolution 2024-71, approving a contract with NHA Advisors, LLC (NHA). NHA's scope of work included financial planning, debt management and financial implementation, ballot initiatives and other related services. Recognizing the financial challenges faced by the Banning Electric Utility (BEU), Resolution 2024-71 included a $100,000 task order to evaluate and assess financing and other options for BEU.

On June 25, 2024, staff presented a report regarding the lowering of the Banning Finance Authority's Outstanding Electric System Revenue Bond rating and requested that City Council consider an interim Electric Rate Adjustment. City Council provided direction to staff to return at a future meeting with options for City Council to consider regarding an Emergency Electric Rate Increase.

City staff worked with NHA, to analyze four preliminary options for an emergency electric rate increase in the to improve operating revenues and replenish cash balances. It is important to note that the analysis presented in this staff report are best estimates available at this time based on a dynamic model, but this modeling is not a cost of service study and NHA is not acting as the City’s rate consultant. The City will soon be issuing a request for proposals for a consultant to perform a cost of service study, and is also proceeding with this high level analysis in the interest of time.

Option 1
This option is a “do nothing” scenario and evaluates the impact to BEU of not implementing emergency rate increases. This scenario assumes the first electric utility rate increases happen after the City completes a full cost of service study in conjunction with the electric master plan. Under this scenario, the cash balance is expected to be more negative by FY 2025 end, which will further pressure other City funds and could result in an additional credit rating downgrade. Additionally, it is likely that the BEU will have a covenant default related to the 120% debt service coverage requirement on the 2015 Bonds.

Option 2
Option 2 models the amount of emergency rate increase in FY 2025 needed to simply cover operations and essential expenditures. Using FY 2025 budgeted operating revenues and expenses as the baseline, 1 594
it calculates that a 13% one-time rate increase (effective October 1, 2024) would generate sufficient revenues in FY 2025 to allow BEU to fund essential CIP, meet the 120% debt service coverage requirement, and cover operating expenses. The fund balance remains negative and does not see any meaningful improvement under this scenario – which means that other City funds will not be paid back for funds loaned to BEU.

Option 3
Option 3 explores the amount of emergency rate increases needed in FY 2025 and FY 2026 to bring the fund balance back into the black – allowing the Electric Utility to repay what it owes to other City Funds.

Analysis of this option calculated that a 64% one-time rate increase in FY 2025, effective October 1, 2024, should generate sufficient revenues to bring BEU cash balance to a positive number after paying back the other City Funds. Under this scenario of Option 3, future years could see a reduction in rates, depending on the findings of the upcoming cost of service study. If stretching that recovery timeline out to two years, two 22% annual rate increases would be needed to bring the fund balance to the same place by the end of FY 2026. Under both scenarios for Option 3, BEU meets its 120% debt service coverage requirement for both fiscal years. Additionally, the BEU replenishes its fund balance within the two-year window given to it by the credit rating agency.

Option 4
Option 4 analyzes the amount of emergency rate increase needed in FY 2025 to cover operations and essential expenditures (similar to Option 2) but expands upon Option 2 to include approximately $10 million bond financing to bring BEU's cash balance back into the positive (allowing it to repay what it owes to other City Funds). The debt service requires a 13% emergency rate increase in FY 2025, which is similar to Option 2. The trade-off to the benefit of the rapid improvement in cash balance is that this Option 4 also has the interest cost of a financing and long-term annual debt service payments.

Debt service on a bond financing would be structured to have minimal to no payments in the first two years to allow the Electric Utility to build up its reserves and adopt a longer-term rate increase plan.

Compared to Option 2, this option would require higher long-term rate increases to support the annual debt service on a bond.

Because of the Electric Utility’s current “BB” credit rating, it is likely that a bond financing would be unrated. Additionally, it would be issued on a taxable basis because of IRS limitations on the use of tax exempt debt to reimburse an issuer for prior capital expenditures.

Staff is seeking direction from City Council on which option it would like to proceed with. Staff would return to City Council in September with a resolution for either Option 2, 3 or 4, if one of those are selected.

JUSTIFICATION:

The Electric Utility’s cash balance has decreased significantly in recent years due to a combination of capital spending and inflationary pressures. Over the past three years, the Electric Utility has spent $10 million per year on average toward capital projects. Additionally, while the Electric Utility has historically been able to generate sufficient operating revenues to cover operating expenses, in each of the last three fiscal years – 2022, 2023 and 2024 – operating expenses have been greater than operating revenues. One driver behind this is power purchase costs, which increased 31% from 2019 to 2023.

As a result, the Electric Utility’s unrestricted cash and investments balance decreased significantly from over $18 million in FY 2019 to negative $9.5 million in FY 2024. Because operating expenses have been greater than revenues in the last three years and cash balances are negative, Electric Utility has needed to borrow from other City funds, which has put significant strain on those funds. 2 595
The General Fund’s cash balance in FYE 2023 was $4.5 million after including a $3.5M amount due from other funds. This is a marked decrease from the General Fund’s pooled cash balances over $13 million in fiscal year 2018. Continued borrowing from the General Fund is not an option to support the Electric Utility. Additionally, the Banning Utility Authority’s Water and Wastewater Funds are subject to California’s Proposition 218 related to utility rates and charges and having those funds’ send cash to the Electric Utility could expose the City to the risk of a legal challenge.

The options listed above, with the exception of Option 1, would provide relief to the current fiscal challenges faced by BEU.

FISCAL IMPACT:

Options 1 thru 4 have different degrees of fiscal impact to BEU.

ALTERNATIVES:

1. Option 1

2. Option 2

3. Option 3

4. Option 4

5. Provide alternative direction to staff.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Options 1 thru 4.pdf

2. Staff Report Bond Rating Decrease 6.25.24.pdf

3. Staff Report Reso 2024-71 NHA Advisors.pdf
3 596

BANNING ELECTRIC UTILITY

EMERGENCY RATE INCREASE SCENARIOS

PRESENTATION TO CITY COUNCIL
August 27, 2024
597
2 Background & Objective
Electric Utility’s most recent utility‐wide rate increase occurred in 2013 •Most recent rate adjustment occurred in 2022 when some customer categories’ rates increased while others decreased, but there was no net increase in the overall rates During the last 10 years, the Electric Utility has seen increasing pressure from operating expense inflation, power purchase costs, and capital expenditures •Pressures have resulted in a negative ~$9 million fund balance and have required the Electric Utility to borrow from other funds to make required debt service payments on outstanding debt Electric Utility’s negative cash balance and declining debt service coverage causedS&P to lower the rating from “A‐ to “BB” – (i.e., “junk” bonds rating)Electric Utility is evaluating a one‐time emergency rate remedy the negativeElectric Utility cash balance and improve debt service coverage •Planned 2025 cost of service study will provide additional background and context and a multi‐year rate recommendations
598
3 ‐$15‐$10
‐$5
$0$5
$10$15$20$25$30
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
(Est.)
Millions
Unrestricted Cash & Investments
$0$2$4$6$8
$10$12$14
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
(Est.)
Millions
Acquisition & Construction of Capital Assets
Financial Pressures on the Electric Utility Historically (2015‐2021), the Electric utility has been able to generate sufficient operating
revenues to cover operating expenses
 However, the last three years (2022, 2023, and
2024) there were not sufficient operating
revenues to cover operating expenses
 From 2019 to 2023, power purchase costs increased
31%
 At the same time, the Electric utility accelerated
its capital improvement program in FYEs 2021,
2022, and 2023
 Average during that 3‐year period was $10 million
per year
 Average during the prior 6‐year period was $3.5M
per year
 Net Result: Electric utility cash balances have
decreased quickly and significantly; the Electricutility is not generating sufficient revenues to cover operations, so cash balance is expected tokeep decreasing $3.5M Annual Avg $10M Annual Avg
Source: City’s AuditedFinancials & OpenGov (2024)
$11M Cash
Reserve Policy
Negative ~$9.6M balance
599
4 Financial Pressures on Other City Funds Cash in other City funds allow the Electric Utility to continue operations  Current situation with a negative cash balance is only possible because of inter‐fund loans to pay Electric Utility operating costs
 General Fund’s capacity to support the Electric Utility is limited and General Fund Balances have been decreasing
 For FYE 2023 General Fund cash was $4.5M
 $1.1M pooled cash & investments $3.5M due from other funds  Marked decrease from FYE 2018 when General Fund pooled cash was >$13 million General Fund cannot / should not continue to support the Electric Utility  Unlike the Electric Utility, Banning Utility Authority’s Water and Wastewater Funds are subject to California Proposition 218
 Utility funds cannot send cash to the Electric Utility without exposing the City to risk of legal challenge
600
5 Credit Rating Agency Actions and Concerns Rating Analysts focus on several things including cash
balances and debt service
coverage
 Negative outlook means they
intend to further downgrade
the credit rating if correctiveactions are not taken
 While S&P credit rating will
not impact the interest rates
on the outstanding 2015Bonds, a “junk” bond creditrating limits future access to capital markets and increasesthe cost of issuing debt in the future
S&P Credit Rating Actions on 2015 Bonds
September 2015 (Issuance) “A‐”/Stable
June 2022 (Rating Review) “A‐”/Stable
March 2024 (Rating Review) “BBB”/Negative
May 2024 (Rating Review) “BB”/Negative (“Junk” bonds)
Concerns Cited by S&P in May 2024 Report:• Failure to implement proper financial controls • Lack of effective risk management and oversight• Use of interfund borrowings to meet obligations • Drastic decreases in liquidity and coverage
Lack of action to raise electric rates could result in
further rating reduction
601
6 Electric Rates within Context of Other California Utilities 2023 Energy Institute at Haas study compared cost per kWh paid by non‐CARE resident households in California, assuming 500 kWh/month Average cost statewide was $0.192 per kWh; median was $0.178 per kWh Study calculated Banning’s rate at $0.1844 per kWh, to be below average Banning
Source: Energy Institute at Haas; underlying dataset Link As of June 2024, the
average SCE
residential user pays
$193/month
(Per SCE: 520 kWh/month usage,
typical usage profile, summer
service)
BEU residential
customers pay
~$111/month for
the same amount of
energy
602
7 Debt Service Coverage
 Electric Utility made a covenant with bond investors in 2015 that it would raise electric rates as needed to generate net revenues at least 120% of annual debt service  Net Revenues = gross revenues ‐ operating expenses (and does not include depreciation or non‐ cash expenses)
 Failure to maintain that 120% minimum debt service coverage (DSC) ratio is considered an event of default by bond investors and will result in further reductions in the rating  Except for FY 2018, Electric Utility has historically complied with DSC requirements, but preliminary calculations for FY 2024 indicate that a DSC covenant default is likely  Promise to bond investors is that in the event of a rate covenant default, the Electric Utility will take action to remedy that default
 Failure to remedy gives the bond trustee and bond owners certain rights, including the right to make the 2015 Bonds due and payable immediately (though in practice that is uncommon for aDSC covenant default) 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024* FYE
187% 161% 160% 63% 181% 122% 168% 170% 140% <50% Calculated DSC (Reported to Bond Investors) Minimum Required DSC 120% 120% 120% 120% 120% 120% 120% 120% 120% 120% Complies? Yes Yes Yes No Yes Yes Yes Yes Yes No
*FYE 2024 calculation is preliminary, final calculation will be provided to bond investors once the 2024 Audit is completed 603
8 Option 1: No Emergency Rate Increase & Complete a COSS in 2025 City is in the process of engaging a rate consultant for a full‐scale electric utility cost
of service study in FYE 2025
 City is also in process of updating the Electric
Master Plan
 Doing nothing now will not “stop the
bleeding” and will result in greater stress to
other City Funds (including the General Fund)
 Other City funds would need to continue to
subsidize the Electric Utility in FY 2025
 Electric Utility cash balance go further into the
negatives (estimated ‐$9.95M by FYE 2025)
 Bond covenant default is likely, which would
likely trigger a further credit rating downgrade
NHA is not a rate consultant; these required rate increases are estimates, subject to a cost of service study
Likely Outcomes Area of Concern
More negative by FY
End
Cash Balance
Credit Rating Likely downgrade
Bond Covenant Default
Covenants
Possible reduction
depending on other
funds’ ability to
subsidize EU operations
Service Levels
Option 1: Likely Impact on Key
Areas of Concern
604
9 Option 2: Raise Rates to Cover Operations and Essential Expenditures Only 13% FY 2025 rate increase is projected to cover operations, only essential CIP, and pay existing debtservice for the next two years Assumes rate increase is effective 10/1/24 Key assumption is that expenses are equal to or less than the FY 2025 operating budget
 Electric Utility’s cash balance remains negative at FYE 2025
 Keeps the Electric Utility Fund cash balance from
decreasing further
 But no reimbursement to other funds Credit concern remains in this area  Coverage projected to comply with 120% minimum
covenant in FYEs 2025 and 2026
 Partial mitigation of credit concern in this area
 While this option “stops the bleeding” it is only a
temporary solution until the Electric Utility adopts
long‐term rate increases
NHA is not a rate consultant; these required rate increases are estimates, subject to a cost of service study
Likely Outcomes Area of Concern
Slight improvement,
but still negative
Cash Balance
Credit Rating Neutral in near term
Avoid covenant
default (DSC
Compliance)
Bond
Covenants
Assumes service
levels in line with FY
2025 budget
Service Levels
Option 2: Likely Impact on Key
Areas of Concern
605
10 Option 3: Raise Rates & Revenues to Bring Fund Levels Up Over 1‐2 Years Electric Utility can raise rates to increase revenues and bring cash balances into the positive over the next two years Amount of rate increase will depend on the target balance and the length of time
 Credit Rating agency gave City a 2‐year window to improve cash  Benefits
 Electric Utility can repay other City funds Demonstrate action to rating agencies and bond investors City remains compliant with debt service coverage requirements  Downsides
 Negative cash balance condition continues to persist until balances recover slowly over next 2 years
 “Shock” rate increases may lead to higher delinquent accounts NHA is not a rate consultant; these required rate increases are estimates, subject to a cost of service study
Likely Outcomes Area of Concern
Improvement to
positive by Year 2
Cash Balance
Neutral in near term,
positive in the long
term
Credit Rating
Avoid covenant
default (DSC
compliance)
Bond
Covenants
Assumes service
levels in line with FY
2025 budget
Service Levels
Option 3: Likely Impact on Key
Areas of Concern
Over 1 Year Over 2 Years
Annual Rate Increase Needed 64% in FY 2025 22% per year Assumes first rate increase effective 10/1/2024
606
11 Option 4: Raise Rates to Support a Bond which Replenishes Cash Balances Similar to Option 2, a 13% FY 2025 rate increase is projected to cover operations, essential CIP, and pay
existing debt service for the next two years
 Assumes rate increase is effective 10/1/24
 Key difference from Option 2: ~$10 million from a
bond financing would allow immediate repayment toother City funds and would bring Electric Utility cash balances into the black
 Trade off would be long‐term debt service repayments Repayments would be structured to have no debt service payments to next two years, but long‐term electric rate planning will need to account for future debt service
 Bond financing would likely be unrated due to the
Electric Utility’s current credit rating
 Would also likely would need to be taxable given IRS
limitations on using tax exempt debt to reimburse an
issuer
 Taxable debt has higher interest rates than tax exempt debt
NHA is not a rate consultant; these required rate increases are estimates, subject to a cost of service study
Likely Outcomes Area of Concern
Rapid improvement
to positive cash
Cash Balance
Neutral in near term,
positive in the long
term
Credit Rating
Avoid covenant
default (DSC
compliance)
Bond
Covenants
Assumes service
levels in line with FY
2025 budget
Service Levels
Option 4: Likely Impact on Key
Areas of Concern
607
12 Summary and Next Steps
Option 1 Option 2 Option 3 Option 4
Maintain Services +
Replenish Cash with
~$10M Bond
Fund balance becomes
positive in 3‐4 months;
avoids debt coverage
covenant default in FY
2025
Maintain Services +
Replenish Cash with
Rate Revenues
Fund balance remains
negative for 12‐24
months; avoids debt
coverage covenant
default in FY 2025
Maintain Services
Fund balance remains
negative; avoids debt
coverage covenant
default in FY 2025
No Action
Fund balance remains
negative; likely debt
coverage covenant
default in FY 2025
Description
13% in FY 2025
(higher rate increases in
future years vs Option 2)
64% in FY 2025
OR
22%/year for 2 years
None 13% in FY 2025 Rate Increases
Needed
• City Council considers
rate increase atSeptember meeting
• Engage Rate
Consultant for 2025Cost of Service Study
• City’s financing team
brings request forauthorization to issuebonds at a future CityCouncil meeting • City Council considers
rate increase atSeptember meeting
• Engage Rate
Consultant for 2025Cost of Service Study
• City Council considers
rate increase atSeptember meeting
• Engage Rate
Consultant for 2025Cost of Service Study
• Engage Rate
Consultant for 2025Cost of Service Study
Key Next Steps
Note: NHA does not
recommend Option 1
NHA is not a rate consultant; these required rate increases areestimates, subject to a cost of service study 608
DISCUSSION / QUESTIONS?
609
APPENDIX: SUMMARY OF ANALYSIS
610
15 Draft Estimated
2022‐23 2023‐24 2024‐25 2025‐26 2026‐27 2027‐28 2028‐29 Assumed Rate Increases 4.7% 0.0% 0.0% 0.0% 0.0%Assumed Rate Increase Date 10/1/2024 7/1/2025 7/1/2026 7/1/2027 7/1/2028 Total Gross Revenues 34,167,255 35,346,961 37,292,549 37,592,549 35,520,209 35,520,209 35,520,209Total Operating Expenses 30,760,816 34,333,079 35,235,777 35,740,279 37,474,936 39,314,601 41,246,250 Net Revenues 3,406,439 1,013,882 2,056,772 1,852,270 (1,954,727) (3,794,392) (5,726,041) Debt
2015 Electric Revenue Bonds 2,424,794 2,423,044 2,423,044 2,424,544 2,422,294 2,426,294 2,423,013 Placeholder
Total Debt Service 2,424,794 2,423,044 2,423,044 2,424,544 2,422,294 2,426,294 2,423,013 Debt Service Coverage (1.20x Requirement) 1.40 0.42 0.85 0.76 (0.81) (1.56) (2.36) City's Reported Coverage (EMMA Filings) 1.25
Cash Balance Calculations
Net Revenues After Debt Service 981,645 (1,409,162) (366,272) (572,274) (4,377,020) (6,220,686) (8,149,054) Capital Expenditures 8,073,472 5,145,653 1,140,072 1,130,000 1,130,000 1,130,000 1,130,000 Other Cash Adjustments (2,101,693) 5,020,639 (350,000)             ‐ (350,000)                           ‐                           ‐ Net Revenues After Capital Expenditures and Transfers Out (4,990,134) (11,575,454) (1,156,344) (1,352,274) (5,507,020) (7,350,686) (9,279,054) Beginning Cash Balance 6,966,959 1,976,825 (9,598,629) (10,754,972) (12,107,246) (17,614,266) (24,964,953) Net change in Cash & Cash Equivalents (4,990,134) (11,575,454) (1,156,344) (1,352,274) (5,507,020) (7,350,686) (9,279,054) Ending Cash Balance 1,976,825 (9,598,629) (10,754,972) (12,107,246) (17,614,266) (24,964,953) (34,244,006) Projected
Summary Results for Option 1 (“Do Nothing”)
NHA is not a rate consultant; these required rate increases are estimates, subject to a cost of service study
NHA does not recommend this option
611
16 Draft Estimated
2022‐23 2023‐24 2024‐25 2025‐26 2026‐27 2027‐28 2028‐29 Assumed Rate Increases 13.0% 0.0% 11.0% 6.0% 6.0%
Assumed Rate Increase Date 10/1/2024 7/1/2025 7/1/2026 7/1/2027 7/1/2028 Total Gross Revenues 34,167,255 35,346,961 38,959,905 39,259,905 40,450,974 42,426,820 44,521,217Total Operating Expenses 30,760,816 34,333,079 35,235,777 35,740,279 37,474,936 39,314,601 41,246,250 Net Revenues 3,406,439 1,013,882 3,724,128 3,519,626 2,976,039 3,112,219 3,274,967 Debt
2015 Electric Revenue Bonds 2,424,794 2,423,044 2,423,044 2,424,544 2,422,294 2,426,294 2,423,013 Placeholder
Total Debt Service 2,424,794 2,423,044 2,423,044 2,424,544 2,422,294 2,426,294 2,423,013 Debt Service Coverage (1.20x Requirement) 1.40 0.42 1.54 1.45 1.23 1.28 1.35 City's Reported Coverage (EMMA Filings) 1.25
Cash Balance Calculations
Net Revenues After Debt Service 981,645 (1,409,162) 1,301,084 1,095,082 553,745 685,925 851,954 Capital Expenditures 8,073,472 5,145,653 1,140,072 1,130,000 1,130,000 1,130,000 1,130,000 Other Cash Adjustments (2,101,693) 5,020,639 (350,000)             ‐ (350,000)                           ‐                           ‐ Net Revenues After Capital Expenditures and Transfers Out (4,990,134) (11,575,454) 511,012 315,082 (576,255) (444,075) (278,046) Beginning Cash Balance 6,966,959 1,976,825 (9,598,629) (9,087,616) (8,772,534) (9,348,789) (9,792,864) Net change in Cash & Cash Equivalents (4,990,134) (11,575,454) 511,012 315,082 (576,255) (444,075) (278,046) Ending Cash Balance 1,976,825 (9,598,629) (9,087,616) (8,772,534) (9,348,789) (9,792,864) (10,070,910) Projected
Summary Results for Option 2 (“Maintain Operations ONLY”)Cash balance never gets positive under this scenario but hovers around current negative levels; this option has serious, negative implications for ability of other City funds to be repaid for amounts they have loaned the Electric Utility NHA is not a rate consultant; these required rate increases are estimates, subject to a cost of service study
612
17 Draft Estimated
2022‐23 2023‐24 2024‐25 2025‐26 2026‐27 2027‐28 2028‐29 Assumed Rate Increases 63.7% 0.0% 0.0% 0.0% 0.0%
Assumed Rate Increase Date 10/1/2024 7/1/2025 7/1/2026 7/1/2027 7/1/2028 Total Gross Revenues 34,167,255 35,346,961 49,169,526 49,469,526 47,397,186 47,397,186 47,397,186Total Operating Expenses 30,760,816 34,333,079 35,235,777 35,740,279 37,474,936 39,314,601 41,246,250 Net Revenues 3,406,439 1,013,882 13,933,749 13,729,247 9,922,250 8,082,585 6,150,936 Debt
2015 Electric Revenue Bonds 2,424,794 2,423,044 2,423,044 2,424,544 2,422,294 2,426,294 2,423,013 Placeholder
Total Debt Service 2,424,794 2,423,044 2,423,044 2,424,544 2,422,294 2,426,294 2,423,013 Debt Service Coverage (1.20x Requirement) 1.40 0.42 5.75 5.66 4.10 3.33 2.54 City's Reported Coverage (EMMA Filings) 1.25
Cash Balance Calculations
Net Revenues After Debt Service 981,645 (1,409,162) 11,510,705 11,304,703 7,499,957 5,656,291 3,727,923 Capital Expenditures 8,073,472 5,145,653 1,140,072 1,130,000 1,130,000 1,130,000 1,130,000 Other Cash Adjustments (2,101,693) 5,020,639 (350,000)             ‐ (350,000)                           ‐                           ‐ Net Revenues After Capital Expenditures and Transfers Out (4,990,134) (11,575,454) 10,720,633 10,524,703 6,369,957 4,526,291 2,597,923 Beginning Cash Balance 6,966,959 1,976,825 (9,598,629) 1,122,005 11,646,708 18,016,664 22,542,955 Net change in Cash & Cash Equivalents (4,990,134) (11,575,454) 10,720,633 10,524,703 6,369,957 4,526,291 2,597,923 Ending Cash Balance 1,976,825 (9,598,629) 1,122,005 11,646,708 18,016,664 22,542,955 25,140,878 Projected
Summary Results for Option 3A (“Recovery from Rates in 2025”) NHA is not a rate consultant; these required rate increases are estimates, subject to a cost of service study
613
18 Draft Estimated
2022‐23 2023‐24 2024‐25 2025‐26 2026‐27 2027‐28 2028‐29 Assumed Rate Increases 21.2% 21.2% 0.0% 0.0% 0.0%
Assumed Rate Increase Date 10/1/2024 7/1/2025 7/1/2026 7/1/2027 7/1/2028 Total Gross Revenues 34,167,255 35,346,961 40,603,984 47,510,365 45,438,025 45,438,025 45,438,025 Total Operating Expenses 30,760,816 34,333,079 35,235,777 35,740,279 37,474,936 39,314,601 41,246,250 Net Revenues 3,406,439 1,013,882 5,368,207 11,770,086 7,963,090 6,123,424 4,191,775 Debt
2015 Electric Revenue Bonds 2,424,794 2,423,044 2,423,044 2,424,544 2,422,294 2,426,294 2,423,013 Placeholder
Total Debt Service 2,424,794 2,423,044 2,423,044 2,424,544 2,422,294 2,426,294 2,423,013 Debt Service Coverage (1.20x Requirement) 1.40 0.42 2.22 4.85 3.29 2.52 1.73 City's Reported Coverage (EMMA Filings) 1.25
Cash Balance Calculations
Net Revenues After Debt Service 981,645 (1,409,162) 2,945,163 9,345,542 5,540,796 3,697,130 1,768,762 Capital Expenditures 8,073,472 5,145,653 1,140,072 1,130,000 1,130,000 1,130,000 1,130,000 Other Cash Adjustments (2,101,693) 5,020,639 (350,000)             ‐ (350,000)                           ‐                           ‐Net Revenues After Capital Expenditures and Transfers Out (4,990,134) (11,575,454) 2,155,091 8,565,542 4,410,796 2,567,130 638,762 Beginning Cash Balance 6,966,959 1,976,825 (9,598,629) (7,443,538) 1,122,005 5,532,800 8,099,930 Net change in Cash & Cash Equivalents (4,990,134) (11,575,454) 2,155,091 8,565,542 4,410,796 2,567,130 638,762 Ending Cash Balance 1,976,825 (9,598,629) (7,443,538) 1,122,005 5,532,800 8,099,930 8,738,693 Projected
Summary Results for Option 3B (“Recovery from Rates in 2026”) NHA is not a rate consultant; these required rate increases are estimates, subject to a cost of service study
614
19 Draft Estimated
2022‐23 2023‐24 2024‐25 2025‐26 2026‐27 2027‐28 2028‐29 Assumed Rate Increases 13.0% 5.0% 10.0% 5.0% 5.0%Assumed Rate Increase Date 10/1/2024 7/1/2025 7/1/2026 7/1/2027 7/1/2028 Total Gross Revenues 34,167,255 35,346,961 38,959,905 40,739,209 41,781,535 43,494,601 45,293,321Total Operating Expenses 30,760,816 34,333,079 35,235,777 35,740,279 37,474,936 39,314,601 41,246,250 Net Revenues 3,406,439 1,013,882 3,724,128 4,998,930 4,306,599 4,180,000 4,047,070 Debt
2015 Electric Revenue Bonds 2,424,794 2,423,044 2,423,044 2,424,544 2,422,294 2,426,294 2,423,0132024 Electric Revenue Bonds (Taxable) 0 0 925,750 925,750 925,750 Total Debt Service 2,424,794 2,423,044 2,423,044 2,424,544 3,348,044 3,352,044 3,348,763 Debt Service Coverage (1.20x Requirement) 1.40 0.42 1.54 2.06 1.29 1.25 1.21 City's Reported Coverage (EMMA Filings) 1.25
Cash Balance Calculations
Net Revenues After Debt Service 981,645 (1,409,162) 1,301,084 2,574,386 958,556 827,956 698,308 Capital Expenditures 8,073,472 5,145,653 1,140,072 1,130,000 1,130,000 1,130,000 1,130,000 Other Cash Adjustments (2,101,693) 5,020,639 (350,000)             ‐ (350,000)                           ‐                           ‐ Proceeds from Bonds ‐        ‐ 10,209,621                           ‐                           ‐                           ‐ Net Revenues After Capital Expenditures and Transfers Out (4,990,134) (11,575,454) 10,720,633 1,794,386 (171,444) (302,044) (431,692) Beginning Cash Balance 6,966,959 1,976,825 (9,598,629) 1,122,005 2,916,391 2,744,946 2,442,902 Net change in Cash & Cash Equivalents (4,990,134) (11,575,454) 10,720,633 1,794,386 (171,444) (302,044) (431,692) Ending Cash Balance 1,976,825 (9,598,629) 1,122,005 2,916,391 2,744,946 2,442,902 2,011,210 Projected
Summary Results for Option 4 (“Recovery from Bonds in 2025”)Cash balance recovers quickly under this scenario, tradeoff is the long‐term debtrepayments on a ~$10M Bond (principal + interest) NHA is not a rate consultant; these required rate increases areestimates, subject to a cost of service study 615
City of Banning Electric Utility (BEU) OPTION 3B Residential Service Electric Tariff RS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Rate Schedule: Residential Service (RS-1)
Rate Designation: Single-phase electrical service for residential, single family, accessory dwelling units, or mobile home, as primary residences; alternately a building of multiple occupancy which shares common walls and/or floors and ceilings with other single-family dwellings.

Class of Service: 120/240 volts, single-phase, three wire, alternating current, 60 Hertz per second, not to exceed a 400-amp service panel; alternately 120/208volts for multiple occupancy single-family dwellings.

Service Area: All areas within the City’s assigned area of service.

Availability: Applicable for single-phase service through a single meter to a customer using BEU’s standard service based upon service availability at a proposed location, the size of the load, and the operating characteristics of the customer’s equipment.

BEU reserves the right to limit the capacity of any single-phase service when, in its judgment, such service will impair the service to other customers, or such service shall exceed the capacity of BEU’s facilities.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate:

Basic Service Charge $30 per meter
Energy Charge – all kWh $0.1421 per kWh
Proposed Monthly Rate: 11/01/2024 11/01/2025
Basic Service Charge $37 per meter $45 per meter
Energy Charge – all kWh $0.174 per kWh $0.214 per kWh
Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

The bill is due upon receipt and becomes delinquent 20 days after the billing cycle date.

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.
616
City of Banning Electric Utility (BEU) OPTION 3B Residential Service Electric Tariff RS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Low-income Discount, Medical Discount, Net Energy Metering Surplus Production, Distributed Self-Generation Buy-back, and Power Factor Correction charges.
617
City of Banning Electric Utility (BEU) OPTION 3B General Service Single Phase Electric Tariff GS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Rate Schedule: General Service Single Phase (GS-1)
Rate Designation: Single-phase electrical service for small business, cottage industries, low use utility services such as irrigation pedestals, telecommunications support, commercial street lighting, and cable television types of services; not to exceed 12,500 kWh per month
Class of Service: 120/240 volts, single-phase, three wire, alternating current, 60 Hertz per second, not to exceed a 400-amp service panel; alternately 120/208volts for multiple occupancy business units.

Service Area: All areas within the City’s assigned area of service.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate:

Basic Service Charge $58.50 per meter
Energy Charge – all kWh $0.1202 per kWh
Proposed Monthly Rate: 11/01/2024 11/01/2025
Basic Service Charge $72 per meter $88 per meter
Energy Charge – all kWh $0.1474 per kWh $0.1809 per kWh Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

Billing: The bill is the amount computed when applying the above rates to the number of kWhs consumed plus a power cost adjustment factor and all other applicable riders and fees per the tariff. Bills are rendered on a cycle basis, on or about the same day of every month. The bill is due upon receipt and becomes delinquent 20 days after the billing cycle date.
618
City of Banning Electric Utility (BEU) OPTION 3B General Service Single Phase Electric Tariff GS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Net Energy Metering Surplus Production, Distributed Self-Generation Buy-back, and Power Factor Correction charges.
619
City of Banning Electric Utility (BEU) OPTION 3B Small Commercial Multi Phase Electric Tariff SC-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Rate Schedule: Small Commercial Multi-Phase (SC-1)
Rate Designation: Multi--phase electrical service for a variety of small service applications; available to most revenue classes except residential service Class of Service: 120/208 volts, multi-phase, four wire, alternating current, 60 Hertz per second; not to exceed a 400-amp service panel or 50kW monthly billing demand; other voltages and configurations may apply but are being phased out.

Service Area: All areas within the City’s assigned area of service.

Availability: Applicable for multi-phase service through a single meter to a customer using BEU’s standard service based upon service availability at a proposed location, the size of the load, and the operating characteristics of the customer’s equipment.

BEU reserves the right to limit the capacity of any multi-phase service when, in its judgment, such service will impair the service to other customers, or such service shall exceed the capacity of BEU’s facilities.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate
Basic Service Charge $58.50 per meter
Energy Charge – all kWh $0.1202 per kWh
Multi-phase Service $3.97 per meter
Proposed Monthly Rate: 11/01/2024 11/01/2025
Basic Service Charge $72 per meter $88 per meter
Energy Charge – all kWh $0.1474 per kWh $0.1809 per kWh Multi-phase Service $4.87 per meter $5.98 per meter
Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

Billing: The bill is the amount computed when applying the above rates to the number of kWhs consumed plus a power cost adjustment factor and all other applicable riders and fees per the tariff. Bills are rendered on a cycle basis, on or about the same day of every month. The bill is due upon receipt and becomes delinquent 20 days after the billing cycle date.
620
City of Banning Electric Utility (BEU) OPTION 3B Small Commercial Multi Phase Electric Tariff SC-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Net Energy Metering Surplus Production, Distributed Self-Generation Buy-back, and Power Factor Correction charges.
621
City of Banning Electric Utility (BEU) OPTION 3B Interruptible Well Service Electric Tariff IW-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Rate Schedule: Interruptible Well Service (IW-1)
(Wells: C-2, C-3, C-4, C-5, C-6, M-10, M-11, M-12, Well 7, and Well 8) Rate Designation: Generally, multi-phase electrical service for transmitting or pumping water for the City’s water system
Class of Service: a variety of 208, 240, 277, or 480 voltages, multi-phase, three or four wire, alternating current, 60 Hertz per second.

Service Area: All areas within the City’s assigned area of service.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Auxiliary/Emergency Generation Equipment: Auxiliary or emergency generation equipment is the customer-owned generation equipment normally used for auxiliary, emergency, or standby electrical generation purposes. Auxiliary or emergency generation equipment may be used by a customer to serve that customer’s load only during a Period of Interruption (CASIO Flex Alerts), an only when such loads are isolated from the BEU system.

Current Monthly Rate:

Basic Service Charge $300 per meter
Energy Charge – all kWh $0.1052 per kWh
Demand Charge – all kW $13.50 per kW
Proposed Monthly Rate: 11/01/2024 11/01/2025
Basic Service Charge $368 per meter $452 per meter
Energy Charge – all kWh $0.1291 per kWh $0.1584 per kWh Demand Charge – all kW $16.56 per kW $20.32 per kW
Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

Billing Demand: Billing Demand shall be the kilowatts of measured maximum demand during a billing cycle; the maximum demand will be the highest quarter-hour block (15-minute interval) of measurement in any one hour during the billing cycle. The maximum demand shall be determined to the nearest 1/100 kW.
622
City of Banning Electric Utility (BEU) OPTION 3B Interruptible Well Service Electric Tariff IW-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

The bill is due upon receipt and becomes delinquent 20 days after the billing cycle date.

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Net Energy Metering True-up, Distributed Self-Generation Buy-back, and Power Factor Correction charges. 623
City of Banning Electric Utility (BEU) OPTION 3B Medium Commercial Service Electric Tariff MC-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Rate Schedule: Medium Commercial Service (MC-1)
Rate Designation: Generally, multi-phase electrical service for a variety of service applications; available to most revenue classes except residential service Class of Service: 208, 277, or 480 voltages, multi-phase, four wire, alternating current, 60 Hertz per second; exceeds a 400-amp service panel and greater than 50kW monthly billing demand but less than 500kW monthly billing demand; other voltages and configurations may apply but are being phased out.

Service Area: All areas within the City’s assigned area of service.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate:

Basic Service Charge $200 per meter
Energy Charge – all kWh $0.1105 per kWh
Demand Charge – all kW $17.05 per kW
Proposed Monthly Rate: 11/01/2024 11/01/2025
Basic Service Charge $245 per meter $301 per meter
Energy Charge – all kWh $0.1356 per kWh $0.1664 per kWh Demand Charge – all kW $20.92 per kW $25.67 per kW
Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

Billing Demand: Billing Demand shall be the kilowatts of measured maximum demand during a billing cycle; the maximum demand will be the highest quarter-hour block (15- minute interval) of measurement in any one hour during the billing cycle. The maximum demand shall be determined to the nearest 1/100 kW.
624
City of Banning Electric Utility (BEU) OPTION 3B Medium Commercial Service Electric Tariff MC-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

The bill is due upon receipt and becomes delinquent 20 days after the billing cycle date.

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Net Energy Metering Surplus Production, Distributed Self-Generation Buy-back, and Power Factor Correction charges.
625
City of Banning Electric Utility (BEU) OPTION 3B Industrial Service Electric Tariff IS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Rate Schedule: Industrial Service (IS-1)
Rate Designation: Multi-phase electrical service for a variety of large commercial, manufacturing, cultivation, logistic, and industrial applications Class of Service: 208, 277, or 480 voltages, multi-phase, four wire, alternating current, 60 Hertz per second; exceeds an 800-amp service panel and greater than 500kW monthly billing demand; other voltages and configurations may apply but are being phased out.

Service Area: All areas within the City’s assigned area of service.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate:

Basic Service Charge $400 per meter
Energy Charge – all kWh $0.1010 per kWh
Demand Charge – all kW $14.50 per kW
Proposed Monthly Rate: 11/01/2024 11/01/2025
Basic Service Charge $491 per meter $602 per meter
Energy Charge – all kWh $0.1239 per kWh $0.1521 per kWh Demand Charge – all kW $17.79 per kW $21.83 per kW
Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

The bill is due upon receipt and becomes delinquent 20 days after the billing cycle date. 626
City of Banning Electric Utility (BEU) OPTION 3B Industrial Service Electric Tariff IS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Net Energy Metering Surplus Production, Distributed Self-Generation Buy-back, and Power Factor Correction charges.
627
City of Banning Electric Utility (BEU) OPTION 3B Security Lighting Service Electric Tariff SL-2
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Rate Schedule: Security Lighting Service (SL-2)
Rate Designation: Applicable to customers for outdoor area security lighting service furnished from dusk to dawn, supplied from existing overhead facilities. The Utility will install, own, operate and maintain the complete lighting installation, including customer owned support. Security Lighting Service is not available for new service as of May 2013.

Service Area: All areas within the City’s assigned area of service.

Rates:

Per Lamp
Per Month

(Fixture installed on existing support) Current 11/01/2024 11/01/2025 100 Watt Equivalent LED $9.72 $11.93 $14.63
250 Watt Equivalent LED $24.30 $29.82 $36.58
100-Watt Sodium Vapor (9,500 Lumen) $19.43 $23.84 $29.25 150-Watt Mercury Vapor (16,000 Lumen) $29.15 $35.77 $43.89 175-Watt Sodium Vapor (7,000 Lumen) $34.00 $41.72 $51.19 200-Watt Sodium Vapor (16,000 Lumen) $37.87 $47.69 $58.52 250-Watt Sodium Vapor (25,000 Lumen) $48.58 $59.61 $73.14 400-Watt Mercury Vapor (20,000 Lumen) $77.73 $95.37 $117.02 Per Pole
Pole (Department owned wood pole installation) Per Month Current 11/01/2024 11/01/2025
20’ or 35’ Wood Pole $4.01 $4.92 $ 6.04
Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: No rate riders are applicable.

Special Conditions:

1. Voltage: Service under this schedule will be supplied at a single-phase voltage from the Electric Utility’s existing overhead lines.

2. Rates: The above lamp rates are applicable to Utility-owned outdoor area lighting equipment mounted on existing Utility owned poles or on customer owned supports acceptable to the Utility.
628
City of Banning Electric Utility (BEU) OPTION 3B Security Lighting Service Electric Tariff SL-2
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

3. Standard Equipment: Lighting equipment will consist of a Utility standard overhead outdoor sodium vapor luminaries with photo electric switch, support and one overhead service drop not to exceed 100’.

4. Height: Mounting height of 175-watt lamp will be approximately 25 to 30 feet, and mounting height of 400-watt lamps will be approximately 30 feet.

5. Nonstandard Installation: A customer who requests more than one wood pole, or other than wood poles shall install the poles at the customer’s expense. The standard sodium vapor luminaire will be provided and installed by the Utility.

6. Lump Sum Payment: Customers who do not wish to pay monthly pole charge, may pay a non-refundable amount for the installation of standard wood pole or other pole as the customer desires. Pole will remain the property of the customer at termination of service.

7. Service Contract: A contract for a period of one year will be required for initial installation of facilities under this schedule and will remain in effect from month to month thereafter subject to termination or cancellation under terms stated therein.

8. Maintenance: Lamp maintenance will be done during regular working hours as soon as reasonably possible after the customer has notified the Utility of service failure. Monthly bills will not be adjusted because of a lamp outage.

9. Relocation of Poles: Relocation of an outdoor area lighting installation because of government requirements will be made providing the customer pays the entire cost of such relocation.

10. Billing: Billing for an installation will be to only one account. Prorated billings to more than one account for a unit, or a combination of units will not be made. If the customer prefers to pay on an annual basis, payment shall be done and payable in advance.

11. All Night Service: The Utility’s dusk to dawn, all night service is based on a lighting period of approximately 4,380 hours per year.

12. Location of Poles: Poles will be located in areas where they may be serviced by truck.

13. Waiver: Customer must execute a waiver to participate in the Security Lighting Service program.

14. Termination: The City reserves the right to terminate the Security Lighting Service program or remove a customer from the program at any time at the City’s sole discretion.
629
City of Banning Electric Utility (BEU) OPTION 3B Street Lighting Service Electric Tariff SL-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Rate Schedule: Street Lighting Service (SL-1)
Rate Designation: Unmetered lighting such as streetlights, park lights, freeway lights, decorative pathway lights, or other lighting fixtures.

Class of Service: 120, 240, or 277 volts, single-phase, alternating current, 60 Hertz per second; may be fused, operated by a disconnect, or through a service panel.

Service Area: All areas within the City’s assigned area of service.

Availability: Generally approved by the City of Banning Public Works for public safety.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate:
$8.45 per light per month
Proposed Monthly Rate: 11/01/2024 11/01/2025
$10.37 per light $12.72 per light
Minimum Charge: No minimum charge applicable.

Billing: The bill is the amount computed when applying the above rates to the number of lights, and all other applicable riders and fees per the tariff. Bills are rendered on a cycle basis, on or about the same day of every month. The bill is due upon receipt and becomes delinquent 20 days after the billing cycle date.

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: No rate riders are applicable.
630
City of Banning Electric Utility (BEU) OPTION 3C Residential Service Electric Tariff RS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Service Area: All areas within the City’s assigned area of service.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate:

Basic Service Charge $30 per meter
Energy Charge – all kWh $0.1421 per kWh
Proposed Monthly Rate:
11/01/2024 11/01/2025 11/01/2026
Basic Service Charge $34 per meter $39 per meter $45 per meter Energy Charge – all kWh $0.1629 per kWh $0.1869 per kWh $0.2144 per kWh Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates. 631
City of Banning Electric Utility (BEU) OPTION 3C Residential Service Electric Tariff RS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Low-income Discount, Medical Discount, Net Energy Metering Surplus Production, Distributed Self-Generation Buyback, and Power Factor Correction charges. 632
City of Banning Electric Utility (BEU) OPTION 3C General Service Single Phase Electric Tariff GS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Rate Schedule: General Service Single Phase (GS-1)
Rate Designation: Single-phase electrical service for small business, cottage industries, low use utility services such as irrigation pedestals, telecommunications support, commercial street lighting, and cable television types of services; not to exceed 12,500 kWh per month Class of Service: 120/240 volts, single-phase, three wire, alternating current, 60 Hertz per second, not to exceed a 400-amp service panel; alternately 120/208volts for multiple occupancy business units.

Service Area: All areas within the City’s assigned area of service.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate:

Basic Service Charge $58.50 per meter
Energy Charge – all kWh $0.1201 per kWh
Proposed Monthly Rate:
11/01/2024 11/01/2025 11/01/2026
Basic Service Charge $67 per meter $77 per meter $88 per meter Energy Charge – all kWh $0.1378 per kWh $0.1581 per kWh $0.1814 per kWh Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

The bill is due upon receipt and becomes delinquent 20 days after the billing cycle date.

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.
633
City of Banning Electric Utility (BEU) OPTION 3C General Service Single Phase Electric Tariff GS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Net Energy Metering Surplus Production, Distributed Self-Generation Buy-back, and Power Factor Correction charges.
634
City of Banning Electric Utility (BEU) OPTION 3C Small Commercial Multi Phase Electric Tariff SC-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Service Area: All areas within the City’s assigned area of service.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate:

Basic Service Charge $58.50 per meter
Energy Charge – all kWh $0.1202 per kWh
Multi-phase Service $3.97 per meter
Proposed Monthly Rate:
11/01/2024 11/01/2025 11/01/2026
Basic Service Charge $67 per meter $77 per meter $88 per meter Energy Charge – all kWh $0.1378 per kWh $0.1581 per kWh $0.1814 per kWh Multi-phase Service $4.55 per meter $5.22 per meter $5.99 per meter Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

Billing: The bill is the amount computed when applying the above rates to the number of kWhs consumed plus a power cost adjustment factor and all other applicable riders and fees per the tariff. Bills are rendered on a cycle basis, on or about the same day of every month. The bill is due upon receipt and becomes delinquent 20 days after the billing cycle date. 635
City of Banning Electric Utility (BEU) OPTION 3C Small Commercial Multi Phase Electric Tariff SC-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Net Energy Metering Surplus Production, Distributed Self-Generation Buy-back, and Power Factor Correction charges. 636
City of Banning Electric Utility (BEU) OPTION 3C Interruptible Well Service Electric Tariff IW-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Service Area: All areas within the City’s assigned area of service.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate:

Basic Service Charge $300 per meter
Energy Charge – all kWh $0.1052 per kWh
Demand Charge – all kW $13.50 per kW
Proposed Monthly Rate:
11/01/2024 11/01/2025 11/01/2026
Basic Service Charge $344 per meter $395 per meter $453 per meter Energy Charge – all kWh $0.1207 per kWh $0.1384 per kWh $0.1587 per kWh Demand Charge – all kW $15.48 per kW $17.76 per kW $20.37 per kW 637
City of Banning Electric Utility (BEU) OPTION 3C Interruptible Well Service Electric Tariff IW-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Net Energy Metering Trueup, Distributed Self-Generation Buy-back, and Power Factor Correction charges. 638
City of Banning Electric Utility (BEU) OPTION 3C Medium Commercial Service Electric Tariff MC-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Service Area: All areas within the City’s assigned area of service.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Month Rate:

Basic Service Charge $200 per meter
Energy Charge – all kWh $0.1105 per kWh
Demand Charge – all kW $17.05 per kW
Proposed Monthly Rate:
11/01/2024 11/01/2025 11/01/2026
Basic Service Charge $229 per meter $263 per meter $302 per meter Energy Charge – all kWh $0.1267 per kWh $0.1454 per kWh $0.1667 per kWh Demand Charge – all kW $19.56 per kW $22.43 per kW $25.73 per kW Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

Billing: The bill is the amount computed when applying the above rates to the number of kWhs consumed plus a power cost adjustment factor and all other applicable riders and fees per the 639
City of Banning Electric Utility (BEU) OPTION 3C Medium Commercial Service Electric Tariff MC-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

tariff. Bills are rendered on a cycle basis, on or about the same day of every month. The bill is due upon receipt and becomes delinquent 20 days after the billing cycle date.

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Net Energy Metering Surplus Production, Distributed Self-Generation Buy-back, and Power Factor Correction charges. 640
City of Banning Electric Utility (BEU) OPTION 3C Industrial Service Electric Tariff IS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Service Area: All areas within the City’s assigned area of service.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Rate:

Basic Service Charge $400 per meter
Energy Charge – all kWh $0.1010 per kWh
Demand Charge – all kW $14.50 per kW
Proposed Monthly Rate:
11/01/2024 11/01/2025 11/01/2026
Basic Service Charge $459 per meter $526 per meter $604 per meter Energy Charge – all kWh $0.1158 per kWh $0.1329 per kWh $0.1524 per kWh Demand Charge – all kW $16.63 per kW $19.08 per kW $21.88 per kW Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

Billing: The bill is the amount computed when applying the above rates to the number of kWhs consumed plus a power cost adjustment factor and all other applicable riders and fees per the tariff. Bills are rendered on a cycle basis, on or about the same day of every month. The bill is due upon receipt and becomes delinquent 20 days after the billing cycle date. 641
City of Banning Electric Utility (BEU) OPTION 3C Industrial Service Electric Tariff IS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Net Energy Metering Surplus Production, Distributed Self-Generation Buy-back, and Power Factor Correction charges. 642
City of Banning Electric Utility (BEU) OPTION 3C Security Lighting Service Electric Tariff SL-2
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Service Area: All areas within the City’s assigned area of service.

Rates:

Per Lamp
Per Month
(Fixture installed on existing support)
Current 11/01/2024 11/01/2025 11/01/2026
100 Watt Equivalent LED 9.72 $ 11.15 12.79 14.67
250 Watt Equivalent LED 24.30 27.87 31.97 36.67
100 Watt Sodium Vapor (9,500 Lumen) 19.43 22.29 25.56 29.32 150 Watt Mercury Vapor (16,000 Lumen) 29.15 33.44 38.35 43.99 175 Watt Sodium Vapor (7,000 Lumen) 34.00 39.00 44.73 51.31 200 Watt Sodium Vapor (16,000 Lumen) 37.87 44.58 51.14 58.65 250 Watt Sodium Vapor (25,000 Lumen) 48.58 55.72 63.91 73.31 400 Watt Mercury Vapor (20,000 Lumen) 77.73 89.16 102.26 117.30 Per Pole
Pole (Department owned wood pole installation) Per Month Current 11/01/2024 11/01/2025 11/01/2026
20’ or 35’ Wood Pole $4.01 $4.60 $5.28 $6.05
Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: No rate riders are applicable.

Special Conditions:

1. Voltage: Service under this schedule will be supplied at a single-phase voltage from the Electric Utility’s existing overhead lines.

2. Rates: The above lamp rates are applicable to Utility-owned outdoor area lighting equipment mounted on existing Utility owned poles or on customer owned supports acceptable to the Utility.
643
City of Banning Electric Utility (BEU) OPTION 3C Security Lighting Service Electric Tariff SL-2
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

4. Height: Mounting height of 175-watt lamp will be approximately 25 to 30 feet, and mounting height of 400-watt lamps will be approximately 30 feet.

9. Relocation of Poles: Relocation of an outdoor area lighting installation because of government requirements will be made providing the customer pays the entire cost of such relocation.

11. All Night Service: The Utility’s dusk to dawn, all night service is based on a lighting period of approximately 4,380 hours per year.

12. Location of Poles: Poles will be located in areas where they may be serviced by truck.

13. Waiver: Customer must execute a waiver to participate in the Security Lighting Service program.

14. Termination: The City reserves the right to terminate the Security Lighting Service program or remove a customer from the program at any time at the City’s sole discretion.
644
City of Banning Electric Utility (BEU) OPTION 3C Street Lighting Service Electric Tariff SL-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Rate Schedule: Street Lighting Service (SL-1)
Rate Designation: Unmetered lighting such as streetlights, park lights, freeway lights, decorative pathway lights, or other lighting fixtures.

Class of Service: 120, 240, or 277 volts, single-phase, alternating current, 60 Hertz per second; may be fused, operated by a disconnect, or through a service panel.

Service Area: All areas within the City’s assigned area of service.

Availability: Generally approved by the City of Banning Public Works for public safety.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate:
$8.45 per light per month
Proposed Monthly Rate:
11/01/2024 11/01/2025 11/01/2026
$9.69 per light $11.12 per light $12.75 per light
Minimum Charge: No minimum charge applicable.

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: No rate riders are applicable.
645
City of Banning Electric Utility (BEU) OPTION 4B Residential Service Electric Tariff RS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Service Area: All areas within the City’s assigned area of service.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate:

Basic Service Charge $30 per meter
Energy Charge – all kWh $0.1421 per kWh
Proposed Monthly Rate:
11/01/2024 11/01/2025 11/01/2026
Basic Service Charge $34 per meter $39 per meter $41 per meter Energy Charge – all kWh $0.1618 per kWh $0.1843 per kWh $0.1936 per kWh Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates. 646
City of Banning Electric Utility (BEU) OPTION 4B Residential Service Electric Tariff RS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Low-income Discount, Medical Discount, Net Energy Metering Surplus Production, Distributed Self-Generation Buyback, and Power Factor Correction charges. 647
City of Banning Electric Utility (BEU) OPTION 4B General Service Single Phase Electric Tariff GS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Rate Schedule: General Service Single Phase (GS-1)
Rate Designation: Single-phase electrical service for small business, cottage industries, low use utility services such as irrigation pedestals, telecommunications support, commercial street lighting, and cable television types of services; not to exceed 12,500 kWh per month Class of Service: 120/240 volts, single-phase, three wire, alternating current, 60 Hertz per second, not to exceed a 400-amp service panel; alternately 120/208volts for multiple occupancy business units.

Service Area: All areas within the City’s assigned area of service.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate:

Basic Service Charge $58.50 per meter
Energy Charge – all kWh $0.1202 per kWh
Proposed Monthly Rate:
11/01/2024 11/01/2025 11/01/2026
Basic Service Charge $67 per meter $76 per meter $80 per meter Energy Charge – all kWh $0.1369 per kWh $0.1559 per kWh $0.1637 per kWh Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

The bill is due upon receipt and becomes delinquent 20 days after the billing cycle date.

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.
648
City of Banning Electric Utility (BEU) OPTION 4B General Service Single Phase Electric Tariff GS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Net Energy Metering Surplus Production, Distributed Self-Generation Buy-back, and Power Factor Correction charges.
649
City of Banning Electric Utility (BEU) OPTION 4B Small Commercial Multi Phase Electric Tariff SC-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Service Area: All areas within the City’s assigned area of service.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate:

Basic Service Charge $58.50 per meter
Energy Charge – all kWh $0.1202 per kWh
Multi-phase Service $3.97 per meter
Proposed Monthly Rate:
11/01/2024 11/01/2025 11/01/2026
Basic Service Charge $67 per meter $76 per meter $80 per meter Energy Charge – all kWh $0.1369 per kWh $0.1559 per kWh $0.1637 per kWh Multi-phase Service $4.52 per meter $5.15 per meter $5.41 per meter Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

Billing: The bill is the amount computed when applying the above rates to the number of kWhs consumed plus a power cost adjustment factor and all other applicable riders and fees per the tariff. Bills are rendered on a cycle basis, on or about the same day of every month. The bill is due upon receipt and becomes delinquent 20 days after the billing cycle date. 650
City of Banning Electric Utility (BEU) OPTION 4B Small Commercial Multi Phase Electric Tariff SC-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Net Energy Metering Surplus Production, Distributed Self-Generation Buy-back, and Power Factor Correction charges. 651
City of Banning Electric Utility (BEU) OPTION 4B Interruptible Well Service Electric Tariff IW-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Service Area: All areas within the City’s assigned area of service.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate:

Basic Service Charge $300 per meter
Energy Charge – all kWh $0.1052 per kWh
Demand Charge – all kW $13.50 per kW
Proposed Monthly Rate:
11/01/2024 11/01/2025 11/01/2026
Basic Service Charge $342 per meter $389 per meter $409 per meter Energy Charge – all kWh $0.1198 per kWh $0.1365 per kWh $0.1433 per kWh Demand Charge – all kW $15.38 per kW $17.51 per kW $18.39 per kW 652
City of Banning Electric Utility (BEU) OPTION 4B Interruptible Well Service Electric Tariff IW-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Net Energy Metering Trueup, Distributed Self-Generation Buy-back, and Power Factor Correction charges. 653
City of Banning Electric Utility (BEU) OPTION 4B Medium Commercial Service Electric Tariff MCW-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Service Area: All areas within the City’s assigned area of service.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate:

Basic Service Charge $200 per meter
Energy Charge – all kWh $0.1105 per kWh
Demand Charge – all kW $17.05 per kW
Proposed Monthly Rate:
11/01/2024 11/01/2025 11/01/2026
Basic Service Charge $228 per meter $259 per meter $272 per meter Energy Charge – all kWh $0.1259 per kWh $0.1433 per kWh $0.1505 per kWh Demand Charge – all kW $19.42 per kW $22.12 per kW $23.22 per kW Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

Billing: The bill is the amount computed when applying the above rates to the number of kWhs consumed plus a power cost adjustment factor and all other applicable riders and fees per the 654
City of Banning Electric Utility (BEU) OPTION 4B Medium Commercial Service Electric Tariff MCW-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

tariff. Bills are rendered on a cycle basis, on or about the same day of every month. The bill is due upon receipt and becomes delinquent 20 days after the billing cycle date.

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Net Energy Metering Surplus Production, Distributed Self-Generation Buy-back, and Power Factor Correction charges. 655
City of Banning Electric Utility (BEU) OPTION 4B Industrial Service Electric Tariff IS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Service Area: All areas within the City’s assigned area of service.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate:

Basic Service Charge $400 per meter
Energy Charge – all kWh $0.1010 per kWh
Demand Charge – all kW $14.50 per kW
Proposed Monthly Rate:
11/01/2024 11/01/2025 11/01/2026
Basic Service Charge $456 per meter $519 per meter $545 per meter Energy Charge – all kWh $0.1150 per kWh $0.1310 per kWh $0.1376 per kWh Demand Charge – all kW $16.52 per kW $18.81 per kW $19.75 per kW Minimum Charge: The minimum charge per billing cycle will be the Basic Service Charge.

Billing: The bill is the amount computed when applying the above rates to the number of kWhs consumed plus a power cost adjustment factor and all other applicable riders and fees per the tariff. Bills are rendered on a cycle basis, on or about the same day of every month. The bill is due upon receipt and becomes delinquent 20 days after the billing cycle date. 656
City of Banning Electric Utility (BEU) OPTION 4B Industrial Service Electric Tariff IS-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: Power Cost Adjustment Factor, Public Benefits, Net Energy Metering Surplus Production, Distributed Self-Generation Buy-back, and Power Factor Correction charges. 657
City of Banning Electric Utility (BEU) OPTION 4B Security Lighting Service Electric Tariff SL-2
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Service Area: All areas within the City’s assigned area of service.

Rates:

Per Lamp
Per Month
(Fixture installed on existing support)
Current 11/01/2024 11/01/2025 11/01/2026
100 Watt Equivalent LED $9.72 $11.07 $12.61 $13.24
250 Watt Equivalent LED $24.30 $27.68 $31.52 $33.10
100-Watt Sodium Vapor (9,500 Lumen) $19.43 $22.13 $25.21 $26.47 150-Watt Mercury Vapor (16,000 Lumen) $29.15 $33.20 $37.82 $39.71 175-Watt Sodium Vapor (7,000 Lumen) $34.00 $38.73 $44.11 $46.31 200-Watt Sodium Vapor (16,000 Lumen) $37.87 $44.27 $50.43 $52.95 250-Watt Sodium Vapor (25,000 Lumen) $48.58 $55.33 $63.02 $66.17 400-Watt Mercury Vapor (20,000 Lumen) $77.73 $88.53 $100.84 $105.88 Per Pole
Pole (Department owned wood pole installation) Per Month Current 11/01/2024 11/01/2025 11/01/2026
20’ or 35’ Wood Pole $4.01 $4.57 $5.20 $5.46
Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: No rate riders are applicable.

Special Conditions:

1. Voltage: Service under this schedule will be supplied at a single-phase voltage from the Electric Utility’s existing overhead lines.

2. Rates: The above lamp rates are applicable to Utility-owned outdoor area lighting equipment mounted on existing Utility owned poles or on customer owned supports acceptable to the Utility.
658
City of Banning Electric Utility (BEU) OPTION 4B Security Lighting Service Electric Tariff SL-2
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

4. Height: Mounting height of 175-watt lamp will be approximately 25 to 30 feet, and mounting height of 400-watt lamps will be approximately 30 feet.

9. Relocation of Poles: Relocation of an outdoor area lighting installation because of government requirements will be made providing the customer pays the entire cost of such relocation.

11. All Night Service: The Utility’s dusk to dawn, all night service is based on a lighting period of approximately 4,380 hours per year.

12. Location of Poles: Poles will be located in areas where they may be serviced by truck.

13. Waiver: Customer must execute a waiver to participate in the Security Lighting Service program.

14. Termination: The City reserves the right to terminate the Security Lighting Service program or remove a customer from the program at any time at the City’s sole discretion.
659
City of Banning Electric Utility (BEU) OPTION 4B Street Lighting Service Electric Tariff SL-1
Resolution 2024-XXX
Issued: October 8, 2024 Effective: November 1, 2024

Rate Schedule: Street Lighting Service (SL-1)
Rate Designation: Unmetered lighting such as streetlights, park lights, freeway lights, decorative pathway lights, or other lighting fixtures.

Class of Service: 120, 240, or 277 volts, single-phase, alternating current, 60 Hertz per second; may be fused, operated by a disconnect, or through a service panel.

Service Area: All areas within the City’s assigned area of service.

Availability: Generally approved by the City of Banning Public Works for public safety.

Service hereunder is subject to the provision of BEU’s Electric Service Standards, Rules and Regulations, this tariff, and the terms of the Application for electric service.

Current Monthly Rate:
$8.45 per light
Proposed Monthly Rate:
11/01/2024 11/01/2025 11/01/2026
$9.62 per light $10.96 per light $11.51 per light
Minimum Charge: No minimum charge applicable.

Energy Taxes and Surcharges: All applicable local, county, state, and federal taxes or surcharges or franchise fees may be included in the above rates or may be added to the rates.

Applicable Riders: No rate riders are applicable.
660
2024‐25 2025‐26 2026‐27 2027‐28 2028‐29
Rate Increases 22.65% 22.65% 0.00% 0.00% 0.00%
Per kWh Cost $0.1743 $0.2138 $0.2138 $0.2138 $0.2138
Monthly Average Bill $135.55 $165.24 $165.24 $165.24 $165.24 Revenues 40,385,314 47,729,030 48,591,717 48,591,717 48,591,717 Expenses 35,235,777 35,740,279 37,474,936 39,314,601 41,246,250 Net Revenues 5,149,537 11,988,751 11,116,781 9,277,115 7,345,466 Debt Service Coverage 2.13                                    4.94                  4.59                  3.82                  3.03 Ending Cash Balance (7,662,208)               1,122,000        8,686,487      14,407,309      18,199,763 2024‐25 2025‐26 2026‐27 2027‐28 2028‐29
Rate Increases 14.70% 14.70% 14.70% 0.00% 0.00%
Per kWh Cost $0.1630 $0.1869 $0.2144 $0.2144 $0.2144
Monthly Average Bill $127.05 $145.06 $165.71 $165.71 $165.71 Revenues 38,964,044 43,624,382 46,553,148 48,486,113 48,486,113 Expenses 35,235,777 35,740,279 37,474,936 39,314,601 41,246,250 Net Revenues 3,728,267 7,884,103 9,078,212 9,171,512 7,239,863 Debt Service Coverage 1.54                                    3.25                  3.75                  3.78                  2.99 Ending Cash Balance (9,083,477)              (4,403,918)        1,122,000        6,737,218      10,424,069 2024‐25 2025‐26 2026‐27 2027‐28 2028‐29
Rate Increases 13.89% 13.89% 5.00% 5.00% 5.00%
Per kWh Cost $0.1618 $0.1843 $0.1935 $0.2032 $0.2134
Monthly Average Bill $126.19 $143.10 $150.03 $157.31 $164.95 Revenues 38,820,861 43,223,411 43,848,734 45,665,160 47,572,408 Expenses 35,235,777 35,740,279 37,474,936 39,314,601 41,246,250 Net Revenues 3,585,084 7,483,132 6,373,799 6,350,559 6,326,158 Debt Service Coverage 1.48                                    3.09                  1.99                  1.98                  1.98 Ending Cash Balance (4,286,588)               1,122,000        3,168,505        5,187,770        7,115,916 $11M Cash Reserve Policy 11,000,000 11,000,000 11,000,000 11,000,000 11,000,000 Minimum Required Coverage 120% 120% 120% 120% 120%
Scenario 3B (2 Yr Recovery)
Scenario 3C (3 Yr Recovery)
Scenario 4B (Taxable & Tax‐Exempt Bonds)
661

22.65%

22.65% 0.00%

0.00%

14.70%

0.00%

13.89%

5.00%

5.00%
$120.00
$130.00
$140.00
$150.00
$160.00
$170.00
2024‐25 2025‐26 2026‐27 2027‐28 2028‐29
BEU Projected Monthly Average Bill
(Single Family Residential, 520 kWh monthly usage)
Scenario 3B (2 Yr Recovery) Scenario 3C (3 Yr Recovery) Scenario 4B 0%
100%
200%
300%
400%
500%
2024‐25 2025‐26 2026‐27 2027‐28 2028‐29
BEU Projected Debt Service Coverage
Scenario 3B (2 Yr Recovery)
Scenario 3C (3 Yr Recovery)
Scenario 4B (Taxable & Tax‐Exempt Bonds)
Minimum Required Coverage
Future Years are Subject to Adjustment pending COS
Future Years are Subject to Adjustment pending COSS
662
‐$15.0
‐$10.0
‐$5.0
$0.0
$5.0
$10.0
$15.0
$20.0
2024‐25 2025‐26 2026‐27 2027‐28 2028‐29
Millions
BEU Projected Ending Cash Balance
Scenario 3B (2 Yr Recovery)
Scenario 3C (3 Yr Recovery)
Scenario 4B (Taxable & Tax‐Exempt Bonds)
$11M Cash Reserve Policy
Future Years are Subject to Adjustment pending COSS
663

Banning City CouncilSeptember 24, 2024

Banning City Council
September 24, 2024