The following information comprises the minutes for a regular meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.
MINUTES 12/10/2024
CITY COUNCIL REGULAR MEETING
COUNCIL MEMBERS PRESENT: Council Member Sheri Flynn
Council Member David Happe
Mayor Pro Tem Rick Minjares
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
Laurie Sampson, Assistant City Manager
` Serita Young, City Attorney
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Art Vela, Director of Public Works
David Newell, Community Development Director
Nate Smith, Deputy Director of Public Works/City Engineer Vincent Avila, Chief of Police
Barbara Mason, Purchasing Manager
Brandon Smith, Acting Police Captain
1. CALL TO ORDER
Mayor Sanchez called the regular meeting to order at 5:00 p.m.
1.1. Invocation – Reverend Doctor James Baylark performed the invocation.
1.2. Pledge of Allegiance
1.3. Roll Call
COUNCIL MEMBER PRESENT ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
2. COUNCIL REORGANIZATION
2.1. Consideration of Resolution 2024-187, Reciting the Facts of the Consolidated General Election Held in the City of Banning on November 5, 2024 and Declaring the Results and Other Related Matters as Provided by Law
Regular Meeting Minutes 12/10/2024 Page 2 of 13
Caroline Patton, Administrative City Clerk, presented the staff report.
Motion to adopt Resolution 2024-187.
Motion by Mayor Pro Tem Minjares
Seconded by Mayor Sanchez
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
2.2. Recognition of Outgoing Elected Officials
- District 1 – Alberto Sanchez
- District 2 – Rick Minjares
- District 4 – David Happe
- City Clerk – Marie Calderon
- City Treasurer – Alejandro Geronimo
2.3. Swearing In Newly Elected Officials
- District 1 – Leroy Miller
- District 2 – Cynthia Barrington
- District 3 – Sheri Flynn
- District 4 – Richard Royce
- City Clerk – Vickie Lopez Sellers
- City Treasurer – Gladys “Sue” Savage
2.4. Annual City Council Reorganization
ELECTION OF MAYOR
Council Member Wallace nominated Council Member Miller.
Council Member Royce nominated Council Member Flynn.
Motion to close nominations.
Motion by Council Member Wallace
Seconded by Council Member Miller
Selection for Mayor:
Barrington, Cynthia Flynn
Flynn, Sheri Flynn
Miller, Leroy Miller
Royce, Richard Flynn
Wallace, Colleen Miller
Council Member Flynn was selected as Mayor for a one-year term.
Regular Meeting Minutes 12/10/2024 Page 3 of 13
ELECTION OF MAYOR PRO TEM
Council Member Wallace nominated Council Member Miller.
Council Member Barrington nominated Council Member Royce.
Motion to close nominations.
Motion by Council Member Flynn
Seconded by Council Member Royce
Selection for Mayor Pro Tem:
Barrington, Cynthia Royce
Flynn, Sheri Royce
Miller, Leroy Miller
Royce, Richard Royce
Wallace, Colleen Miller
Council Member Royce was selected as Mayor Pro Tem for a one-year term.
3. AGENDA APPROVAL
3.1. Approve Agenda
Motion to approve the agenda.
Motion by Council Member Wallace
Seconded by Council Member Miller
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
4. PRESENTATIONS
None
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, CITY COUNCIL
COMMITTEE REPORTS, CITY MANAGER REPORT, AND CITY ATTORNEY REPORT
5.1. PUBLIC COMMENTS
The following individuals addressed City Council during Public Comment:
• Frank Burgess
• Sue Savage
• Bill Lamb
• Bill Hobbs
• Diego Rose
Regular Meeting Minutes 12/10/2024 Page 4 of 13
• Alberto Sanchez
• Reverend Aaron Lee
• Juanita Diaz
5.2. CORRESPONDENCE
2 items of correspondence were received and distributed to the City Council and are attached here.
5.3. APPOINTMENTS
INTERVIEWS
- Chris Castorena
- David Ellis
- Michael Gonzales Not in attendance
- Gerry Phelps
- Cambria Richardson Not in attendance
- Nathaniel Rodriguez
- Brooke Schicke
APPOINTMENTS
Motion to appoint Chris Castorena to Position 3 on the Banning Planning Commission with a term concluding in January 2027.
Motion by Mayor Flynn
Seconded by Council Member Barrington
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 3-2.
Motion to continue the selection process for Planning Commission Positions 1 & 2 to the January 28, 2025 regular meeting of the City Council.
Motion by Mayor Flynn
Seconded by Council Member Miller
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 4-1.
Regular Meeting Minutes 12/10/2024 Page 5 of 13
5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a Regional Conservation Agency (RCA) meeting.
Mayor Flynn reported on a Western Riverside County Council of Governments (WRCOG) meeting and the recent Holiday Parade in town.
5.5. CITY MANAGER REPORT
City Manager Schulze reported on the recent Holiday Parade in town and wished everyone Happy Holidays.
5.6. CITY ATTORNEY REPORT
City Attorney Young had no report.
5.7. CITY TREASURER REPORT
City Treasurer Savage reported on future meetings of the Budget and Finance Committee.
6. CONSENT AGENDA
6.1 Approval of the Meeting Minutes for the November 12, 2024 City Council Meetings
6.2 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of October 2024
6.3 Cash and Investments Report for the Month of October 2024
6.4 Receipts, Disbursements, & Fund Balances Reporting for Fiscal Year 2024-25, Period 4, October 2024
6.5 Receive and File Police Department Statistics for the Month of October 2024
6.6 Receive and File Fire Protection Services Statistics for the Month of October 2024
6.7 Code Enforcement Update and Statistics for the Month of October 2024
6.8 City Council Travel and Conference Expense Report Year to Date Through October 31, 2024
6.9 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports for October 2024
6.10 Receive and File Parks and Recreation Report of Monthly Activities through the 1st Quarter of Fiscal Year 2024/2025 – September 2024
6.11 Consideration of Resolution 2024-06 SA, Approving the Establishment of Recognized Obligation Payment Schedule (ROPS) 25-26 A and B for the Period of July 2025 through June 2026 and Approving Certain Related Actions
6.12 Consideration of Resolution 2024-188, Approving Amendment No. 1 to the DesignBuild Agreement with EFS West for the Compressed Natural Gas Fueling Station for an Additional Amount of $260,549 for a Standby Diesel Generator
6.13 Consideration of Resolution 2024-189, Adopting the Water Supply Verification for Tentative Tract Map 37388 (Atwell Phase 2B)
6.14 Consideration of Resolution 2024-190, Approving Final Tract Maps 37388, 37388-7, and 37388-8 and Release the Maps for Recordation; Authorize Staff to Sign the Subdivision Improvement Agreements and Final Tract Maps; Accept Faithful Performance and Labor Bonds for Public Improvements
6.15 Consideration of Resolution 2024-191, Approving the Restatement of the City of Banning Section 125 Cafeteria Plan
Regular Meeting Minutes 12/10/2024 Page 6 of 13
6.16 Consideration of Resolution 2024-192, Approving an Amendment to the Construction Services Contract with Electric Power Systems International, Inc. in the Amount of $9,220 Related to the San Gorgonio Substation 12kV Extension Project
6.17 Consideration of Resolution 2024-193, Amending the Classification & Compensation Plan for the City of Banning
6.18 Consideration of Resolution 2024-194, Approving A Successor Memorandum of Understanding with the Teamsters Local 1932, Representing the Association of MidManagement and Professional Employees, Effective July 1, 2024, through December 31, 2026, and Authorizing the City Manager to Finalize and Execute a Successor Agreement
6.19 Consideration of Resolution 2024 -195, Approving A Successor Memorandum of Understanding with the International Brotherhood of Electrical Workers (IBEW) Local 47 Representing the General Unit Employees, Effective July 1, 2024, through December 31, 2026, and Authorizing the City Manager to Finalize and Execute a Successor Agreement
6.20 Authorize the City Manager to Sign the Notice of Completion for Project No. 2024-01, “Citywide Street Overlay” as Complete and Direct the City Clerk to Record the Notice of Completion
6.21 Accept an Easement from Tri Pointe Homes for Electric Utility Purposes on Accessor’s Tract Map Nos. 37388 -1 Raintree Place, 37389-3 PA 29, and 37388-2 PA 15B, within the Atwell Development for the Maintenance of the City-Owned Electric Distribution System
Public Comment
• Frank Connolly
• Diego Rose
Motion to adopt consent agenda items 6.1, 6.3 to 6.6, 6.8, 6.10, 6.12 to 6.16,
6.18 to 6.21.
Motion by Mayor Flynn
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
6.2 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of October 2024
Barbara Mason, Purchasing Manager, answered City Council questions about the staff report.
Public Comments
• Sue Savage
Regular Meeting Minutes 12/10/2024 Page 7 of 13
6.7 Code Enforcement Update and Statistics for the Month of October 2024 David Newell, Community Development Director, answered City Council questions about the staff report.
Public Comments
None
6.9 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports for October 2024
Public Comments
None
6.11 Consideration of Resolution 2024-06 SA, Approving the Establishment of Recognized Obligation Payment Schedule (ROPS) 25-26 A and B for the Period of July 2025 through June 2026 and Approving Certain Related Actions Public Comments
None
Motion to adopt Resolution 2024-06 SA.
Motion by Council Member Wallace
Seconded by Council Member Miller
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
6.17 Consideration of Resolution 2024-193, Amending the Classification & Compensation Plan for the City of Banning
Nicole Jews, Human Resources/Risk Manager, answered questions related to the staff report.
Public Comments
None
Motion to adopt Resolution 2024-193.
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Royce
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Regular Meeting Minutes 12/10/2024 Page 8 of 13
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
7. PUBLIC HEARING(S)
7.1. Consideration of Introduction and First Reading of Ordinance 1607, Amending Chapter 15.76 of the Banning Municipal Code to Update the City's Participation in the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program, Consideration and Adoption of Resolution 2024-196, Approving a TUMF Nexus Study to Amend the TUMF Schedule that is Applicable to Development Projects in Banning Pursuant to the Mitigation Fee Act, and Making a Determination of Exemption Under the California Environmental Quality Act David Newell, Community Development Director, presented the staff report.
Public Comment
None
Administrative City Clerk Patton read the ordinance by title only.
Motion to introduce, read by title only and waive further reading of Ordinance 1607.
Motion by Mayor Flynn
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
Motion to adopt Resolution 2024-196.
Motion by Mayor Flynn
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Regular Meeting Minutes 12/10/2024 Page 9 of 13
Motion approved by a vote of 5-0.
Mayor Flynn announced a recess at 7:17 p.m. The meeting was reconvened at 7:38 p.m.
8. REPORTS OF OFFICERS
8.1 Selection of Firm to Conduct a Citywide Forensic Investigation as the City Council Chosen Finalist from the Request for Proposals for Citywide Forensic Investigation Services and Direct Staff to Bring a Negotiated Contract with Finalist to Council in January 2025
Doug Schulze, City Manager, presented the staff report. Barbara Mason, Purchasing Manager, answered questions about the staff report.
Public Comment
• Sue Savage
• Frank Connolly
8.2. Consideration of Resolution 2024-197, Awarding a Professional Services Agreement to Webb Municipal Finance, LLC for Municipal Assessments Services to Reinstate County Service Area 152, National Pollutant Discharge Elimination System Stormwater Assessment in the amount of $19,650 Including a 10% Contingency, and Updating the City Council on Public Outreach Efforts related to the Reinstatement of the County Service Area 152 Stormwater Assessment
Nate Smith, Deputy Director of Public Works/City Engineer, presented the staff report.
Public Comment
• Frank Connolly
Motion to adopt Resolution 2024-197.
Motion by Mayor Flynn
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
8.3. Consideration of Resolution 2024-198, Approving Amendment No. 3 to the Professional Services Agreement with Engineering Resources of Southern California for an additional $1,000,000 for Plan Check, Inspections and Related Administrative Services Recommendation: Adopt Resolution 2024-198
Regular Meeting Minutes 12/10/2024 Page 10 of 13
Art Vela, Director of Public Works, presented the staff report.
Public Comment
• Frank Connolly
• Juanita Diaz
Motion to adopt Resolution 2024-198.
Motion by Mayor Flynn
Seconded by Council Member Miller
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
8.4. Consideration of Resolutions 2024-199 and 2024-08 UA, Authorizing Overnight Loans from June 30, 2024, Until July 1, 2024, from the Water and Wastewater Enterprise Funds to Cover Governmental Funds Negative Cash at Fiscal Year End in the Amounts of $1,050,000 and $50,000, Respectively
Doug Schulze, City Manager, presented the staff report.
Public Comment
None
Motion to adopt Resolution 2024-199.
Motion by Mayor Flynn
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
Motion to adopt Resolution 2024-08 UA.
Motion by Mayor Flynn
Seconded by Council Member Wallace
Regular Meeting Minutes 12/10/2024 Page 11 of 13
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
8.5. Receive and File Corrected Police Statistics for 2024 Year-to-Date Vincent Avila, Chief of Police, presented the staff report. Acting Captain Brandon Smith assisted in answering questions.
Public Comment
None
9. DISCUSSION ITEM(S)
None
10. ANNOUNCEMENTS FROM LEGISLATIVE BODY MEMBERS
Council Member Wallace announced she would be holding regular Town Hall meetings beginning Saturday.
11. ITEMS FOR FUTURE AGENDAS
11.1. New Items:
1. Ongoing Billing Errors – Electric and Water (Flynn)
2. Contracting Animal Services (Flynn)
3. Code Enforcement Department Citations Process (Miller)
4. Zoom Options for Public Meetings (Royce)
5. Existing Public Benefits Fund Accounting (Royce)
6. Emergency Preparedness (Barrington)
11.1. City Attorney Performance Evaluation
Doug Schulze, City Manager, presented the staff report.
Public Comment
None
This item was added to Future Agenda Items by a consensus of the Council.
11.2. Pending Items:
1. Grow Banning (Sanchez)
2. Neighborhood Groups/Identities (Minjares)
Regular Meeting Minutes 12/10/2024 Page 12 of 13
3. Update on Community Garden (Flynn)
4. Zencity Contract (Flynn)
5. Developer Presentation on Sunset Crossroads Project (Flynn)
6. City Manager Evaluation (Flynn)
7. All Active Lawsuits against the City (Flynn)
8. Increased Compensation for City Treasurer and City Clerk (Flynn)
9. SEC Determination regarding Bitcoin (Happe)
10. Public Benefits Fund for Water Utility (Happe)
Several items were removed from the Future Agenda Items by a consensus of the Council.
12. CLOSED SESSION
12.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)(1)
Title: City Manager
12.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Potential Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 (One Case)
Renewal of Tolling Agreement re: Potential Claim by City Against Southern California Edison for failure to make repairs to the Flume and the failure to maintain delivery of water through the Flume to the City
The meeting was reconvened at 10:13 p.m.
13. REPORT ON CLOSED SESSION
Serita Young, City Attorney, reported that for Agenda Item 12.1 there was no final nor reportable action taken. For Agenda Item 12.2, the Council voted 5-0 to approve an amendment to extend a tolling agreement with Southern California Edison and the Banning Heights Mutual Water Company.
14. ADJOURNMENT
Motion to adjourn.
Motion by Mayor Flynn
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
The meeting was adjourned at 10:14 p.m.
Regular Meeting Minutes 12/10/2024 Page 13 of 13
Minutes Prepared by:
Caroline Patton, Administrative City Clerk
These minutes have been prepared as Action Minutes in accordance with City Council Resolution 1995-21 and Government Code Sections 36814, 40801, and 54953(c)(2).
This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 ATTACHMENTS:
Exhibit A – Public Comment Received
Exhibit B – Agenda Item 7.1: Staff Presentation
Petition to the Banning City Council to Create a
Humane Shelter for Stray and Surrendered Animals in Banning Petition Summary and Background:
Action Petitioned For:
Printed Name: Address:
:z:
The Animal Shelter run by ARE Rescue had their contract � terminated on June 30, 2024 by the city council at the ��"J recommendation of the Ad Hoc Committee Chair. Contracting with RCAS has been discussed but not secured.
We, the undersigned, are concerned citizens who urge our city to act quickly to create a humane shelter here in Banning to care for the unserved homeless animals, rather than contract for services with the high kill shelter in Riverside County.
Signature:
\
I
Check here if you are
willing to volunteer time,
energy, or resources to
create a shelter:
Exhibit A
I
Petition to the Banning City Council to Create a
Humane Shelter for Stray and Surrendered Animals in Banning Petition Summary and Background: The Animal Shelter run by ARE Rescue had their contract Action Petitioned For:
Printed Name:
· Y\/\"\ 1~
(\~h,c_
I
. terminated on June 30, 2024 by the city council at the I recommendation of the Ad Hoc Committee Chair. Contracting with RCAS has been discussed but not secured.
We, the undersigned , are concerned citizens who urge our city to act quickly to create a humane shelter here in Banning to care for the unserved homeless animals, rather than contract for services with the high kill shelter in Riverside County.
Address:
~.&S \N -
Check here if you are
willing to volunteer time,
energy, or resources to
~~ create a shelter:
Please call Kathleen Martin if you have any questions 951 769 3649 1 From: Susan Savolainen <[email protected]>
Sent: Tuesday, December 10, 2024 2:22 PM
To: cityclerks
Subject: Public Comment for City Council meeting of 12/10/24 Dear City Clerk, Council Members,Staff
I am writing to request the Council’s aid in removing a menace from our neighborhood. I am speaking of tumbleweeds. For 36 years my neighbors and I have been buried in tumbleweeds on windy days like today. The offending weeds travel from vacant lots and deposit themselves as impenetrable walls in front of our homes and gates. This should not be allowed to happen. The city has the power to stop the trespass of weeds into our neighborhood and here is how:
1). Pass an ordinance that prohibits disking of lands within the city limits. Disking not only creates an environment conducive to growing tumbleweeds, it also causes topsoil to become airborne in high winds which causes particulate pollution.
2). Enforce weed abatement codes. When I managed properties for my former employer I was told that failure to comply with the code would result in a fine, penalty, and the work would be performed by the city’s contractor and cost of the work plus an administrative fee would be levied onto the property tax.
These steps would improve the appearance of our city, remove a burden from affected neighborhoods and be a possible revenue stream.
I urge the City Council to adopt the aforementioned measures in the near future.
Thank you,
Susan Savolainen
West Barbour Street resident
Exhibit A (Continued)
2 CITY COUNCIL
PUBLIC HEARING ITEM 7.1
DECEMBER 10, 2024
Ordinance 1607 - First Reading of Transportation Uniform Mitigation Fee (TUMF) Program Amendments to Chapter 15.76, and Resolution 2024-196 for Approval of Nexus Study to Amend TUMF Schedule Initial TUMF Program
• City is member jurisdiction of Western Riverside Council of Governments (WRCOG), a joint powers agency comprised of Riverside County & 18 cities • In 2002-2003, WRCOG member jurisdictions developed a plan whereby shortall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials due to new development could be made up in part by a Transportation Uniform Mitigation Fee (TUMF) on future development • In support of the initial TUMF Program, the City Council adopted:
9Resolution 2002-005 on January 29, 2002, approving the concept of a TUMF Program and expressing intent in participating in the development of the TUMF Program 9Ordinance 1291 on March 25, 2003, to implement the TUMF Program Exhibit B
Current TUMF Program
• WRCOG and the member agencies
have made amendments since the
implementation of the original TUMF
Program
• Chapter 15.76 of the Municipal Code is
the current implementing ordinance
• Most recent ordinance amendment was
in 2019 (Ordinance 1549) and last fee
update occurred in 2022
• The following table shows current TUMF
Schedule
Land Use Type Units TUMF Fee
Single-Family
Residential DU $10,104
Multi-Family
Residential DU $6,580
Retail SF $7.72
Service SF $4.89
Industrial SF $1.86
Class A/B Office SF $2.45
Proposed Ordinance Amendments
• Proposed Ordinance would rescind and restate existing text in BMC Chapter 15.76, consistent with past TUMF Program updates • Overall ordinance remains largely the same with minor revisions:
9Definitions and references
9Establishes a new map for Regional System (Exhibit A of Draft Ordinance) and refers to the 2024 Nexus Study (Exhibit B) for basis to collect and fund improvements
9Update administrative costs to not exceed 2% (currently 1%) of revenue raised by the TUMF Program
2024 Nexus Study
• WRCOG prepared a Nexus Study to comply with
Mitigation Fee Act, CA Gov Code Section 66000-
66008
• Study finds that there’s a reasonable relationship
between the future growth and the need for
improvements to the TUMF system which results in a
need to mitigate these transportation impacts using
funds levied through the proposed TUMF Program
• The Study establishes a proportional “fair share” of
the improvement cost attributable to new development
based on impacts of existing development and the
availability of obligated funding through traditional
sources
Comparison of TUMF Schedule
Changes
Land Use Type Units 2022 TUMF 2025 TUMF
Single-Family Residential DU $10,104
$12,380 – 1,800 SF or less
$13,927 – 1,801-2,300 SF
$15,476 – 2,301-2,700 SF
$19,344 – 2,701 SF or more
Multi-Family Residential DU $6,580 $7,816
Retail SF $7.72 $7.72
Service SF $4.89 $4.89
Industrial SF $1.86 $2.33
Class A/B Office SF $2.45 $2.45
Proposed TUMF Schedule
• Draft Resolution establishes new fees:
1. $12,380 per single family residential unit 1,800 square feet or less
2. $13,927 per single family residential unit between 1,801 and 2,300 square feet
3. $15,476 per single family residential unit between 2,301 and 2,700 square feet
4. $19,344 per single family residential unit greater than 2,700 square feet
5. $7,816 per multi-family residential unit
6. $2.33 per square foot of an industrial project
7. $7.72 per square foot of a retail commercial project
8. $4.89 per square foot of a service commercial project
9. $2.45 per square foot of a service Class A and B Office • Replaces current fee schedule adopted in Resolution 2021-93 and becomes effective April 1, 2025
Fiscal Impact
• Fiscal impact for ordinance and resolution preparation include publication costs ($776) and some City staff time to prepare the staff report and attachments; however, WRCOG prepared most information (nexus study, and templates for staff report, ordinance and resolution) to minimize impacts to City staff • If approved, the proposed ordinance and resolution will assure the City as a Member Agency of WRCOG imposes and collects its share of development impact fees from development projects consistent with the other member agencies of WRCOG in order to receive benefit of shared funding pool for roadway improvements in the region and City’s jurisdiction • Recent projects benefiting from TUMF Program include Sun Lakes Boulevard Extension, Highland Springs Interchange Improvement, and Sunset Grade Separation, while future projects eligible for funding involve Hargrave Grade Separation, Sunset Interchange Improvements, and the Cabazon Connector Project Alternatives
• Do not introduce ordinance for first reading or adopt the associated resolution and provide alternative direction to staff
• It should be noted that this alternative may result in the loss of funding for current transportation projects (Sun Lakes Boulevard Extension) and inhibit future transportation improvements, resulting in traffic congestion and unacceptable levels of service. Furthermore, the failure to mitigate growing traffic impacts on the Regional System will substantially impair the ability of public safety services (police and fire) to respond and, thus, adversely affect the public health, safety and welfare
Recommendation
1. Waive full reading and introduce by title only Ordinance 1607 and determine this action is exempt under CEQA:
AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA,
AMENDING AND SUPERSEDING ORDINANCE NO. 1549 TO UPDATE
PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY
TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM
AND MAKING A DETERMINATION OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
2. Adopt Resolution 2024-196, approving a TUMF Nexus Study to amend the TUMF schedule and determine this action is exempt under CEQA Questions?
Contact Information
David A. Newell, AICP, Community Development Director
[email protected]
2017 TUMF Map (Excerpt): 2024 TUMF Map (Excerpt):
Comparison of Regional System – Banning Area