Banning City Council
June 10, 2025

DocuSign Envelope ID: 84AECE13-2B13-4754-9A0F-DF43A47C9310 219
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The Banning City Council hereby approves a Professional Service Agreement with VCS Environmental in a not- to-exceed total amount of $ 189, 000 for Fiscal Years 22/ 23; 23/ 24; and 24/ 25 to provide City staff expert advice and strategy consultation that will assist and advise on the wetland and biological permitting and mitigation strategies for current and future land development projects.

SECTION 2. The City Council hereby authorizes the City Manager or his designee is authorized to make necessary budget adjustments, appropriations and transfers related to this professional services agreement.

SECTION 3. The City Council hereby authorizes the City Manager or his designee to execute a Professional Services Agreement with VCS Environmental, in substantial form of the agreement attached as Exhibit A hereto, for a compensation amount not- to-exceed 189, 000.

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.

PASSED, ADOPTED AND APPROVED this 25th day of October 2022.

ATTEST:

Caroline Patton, D
City of Banning

APPROVEDASTOFORMAND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
Resolution 2022- 145

0Dtn~~
Colleen Wallace, Mayor
City of Banning
DocuSign Envelope ID: 84AECE13-2B13-4754-9A0F-DF43A47C9310 220
CERTIFICATION:

I, Caroline Patton , Deputy City Clerk of the City of Banning , California , do hereby certify that the foregoing Resolution 2022- 145 , was duly adopted by the City Council of the City of Banning, California , at a regular meeting thereof held on 25th day of October 2022 by the following vote , to wit:

AYES : Happe, Sanchez , Wallace.

NOES:

ABSENT: Minjares.

ABSTAIN:

Resolution 2022-145

Caroline Patton , Dep City Clerk
City of Banning , California
DocuSign Envelope ID: 84AECE13-2B13-4754-9A0F-DF43A47C9310 221

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Adam Rush, Community Development Director
MEETING DATE: October 25, 2022
SUBJECT: Consideration of Resolution 2022-145, Approving a Sole-Source Professional Services Agreement with VCS Environmental to Provide Wetlands Permitting Consulting and Strategy Services to the City of Banning for a Not-to-Exceed Amount of $189,000 RECOMMENDATION:

Staff recommends the approval of Resolution 2022-145:

1. Authorizing the City Manager or designee to enter into a Sole-Source Professional Services Agreement with VCS Environmental for wetlands permitting consulting and strategy services associated with various development projects within the City.

2. Authorizing the City Manager or designee to make necessary budget adjustments, appropriations and transfers related to the Sole-Source Professional Services Agreement with VCS Environmental.

3. Authorizing the City Manager or designee to execute a Sole-Source Professional Services Agreement with VCS Environmental in an amount not to exceed $189,000 over a three (3) year term.

BACKGROUND:

As development opportunities within the City become more competitive the availability of vacant land free of environmental constraints narrows. City staff has been approached by our development partners to assist, and in some times mediate, in negotiations concerning wetlands permitting and mitigation strategies. City staff requires the expertise and skill of a Wetlands Permitting and Biological Resource Specialist to support and advise staff along these lines of Streambed Alteration Permits and other similar activities.

VCS Environmental has provided biological consulting services, related to the western Riverside MSHCP, regulatory agency permitting, mitigation banking and mitigation laws associated with California Environmental Quality Act requirements for over 20 years. VCS brings specific expertise in the negotiation in the area of CDFW, USFWS, and Army Corp of Engineers (ACOE) permitting, wetlands mitigation, and fee bank credit programs.

These areas, and ability to identify the most concise and common-sense approach, can provide an expert opinion for City staff that is not found in other consulting firms. 19 DocuSign Envelope ID: 84AECE13-2B13-4754-9A0F-DF43A47C9310 222
Staff Report: Resolution 2022-145, Sole Source Agreement with VCS Environmental October 25, 2022

JUSTIFICATION:

The City requires a subject-matter expert to advise staff and secondly, the City’s development partners, in the most efficient and effective path through wetlands permitting negotiation. City staff does not have subject-matter experts of the skill, experience, and knowledgebase as provided by VCS Environmental.

FISCAL IMPACT:

The Community Development operational budget will fund the requested increase, Account No. 001-2800-441.33-11 (Professional Services), summarized below:

Fiscal Year(s) Estimated Amount
2022/2023 $63,000
2023/2024 $63,000
2024/2025 $63,000
Total $189,000
ALTERNATIVE:

The City Council may choose to reject staff’s recommendation and provide alternative direction.

ATTACHMENTS:

1. Resolution 2022-145
https://banningca.gov/DocumentCenter/View/11597/1-Resolution-2022-145-VCSEnvironmental

2. Professional Services Agreement
https://banningca.gov/DocumentCenter/View/11598/2-Professional-ServicesAgreement-Template

3. VCS Environmental Proposal
https://banningca.gov/DocumentCenter/View/11599/3-VCS-Environmental-Proposal

4. Draft Sole-Source Vendor Form
https://banningca.gov/DocumentCenter/View/11600/4-Draft-Sole-Source-VendorForm-VCS-Environmental

5. VCS Letter Proposal
https://banningca.gov/DocumentCenter/View/11595/5-VCS-LetterProposal_20220608

6. On-Call Planning Services RFP
https://banningca.gov/DocumentCenter/View/11596/6-On-Call-Planning-ServicesRFP-CC-Resolution-2020-130 Approved by:

Douglas Schulze
City Manager
20 DocuSign Envelope ID: 84AECE13-2B13-4754-9A0F-DF43A47C9310 223
RESOLUTION 2022- 145

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

APPROVING A SOLE SOURCE PROFESSIONAL SERVICES AGREEMENT WITH VCS ENVIRONMENTAL IN AN AMOUNT NOT TO EXCEED $ 189,000 TO PROVIDE

WETLANDS PERMITTING CONSUL TING AND STRATEGY SERVICES TO THE CITY OF BANNING.

WHEREAS, on June 18, 2020 the City solicited proposals for On-Call Environmental and Land Use Planning support services to augment the services provided by the Community Development Department; and
WHEREAS, on October 13, 2020 the City Council adopted Resolution 2020- 13 which identified firms with the top five ( 5) evaluation scoring as Webb and Associates; CASC Engineering and Consulting, Inc.; Michael Baker International; Rincon Consultants; and VCS Environmental; and
WHEREAS, on June 8, 2022 the Community Development Director solicited and received a letter proposal from VCS Environmental in the amount of $4,750.00 to provide expert advice and strategy to Planning Department Staff during meetings with the California Department of Fish & Wildlife ( CDFW), the United States Fish and Wildlife Service ( USFWS), and to a lesser extent the Army Corp of Engineers ( ACOE); and WHEREAS, City staff has negotiated the Scope of Work with VCS Environmental, to provide expertise and skill of a Wetlands Permitting and Biological Resource Specialist to support and advise staff along these lines of Streambed Alteration Permits and other similar activities; and
WHEREAS, existing circumstances pertaining to the negotiation of Streambed Alteration Permits between new development projects are facing increased scrutiny through the wetland and biological permitting and mitigation strategies; and WHEREAS, the Purchasing Officer has determined this service qualifies for sole source procurement as no other firms can provide the level of knowledge, experience, and expertise to assist and advise the City on wetland and biological permitting and mitigation strategies; and
WHEREAS, staff recommends the award of a Professional Services Agreement to VCS Environmental, in an amount not-to-exceed $ 189,000 for Fiscal Years 22/23; 23/24; 24/25; and
WHEREAS, funding will be available in the amount of $63,000 per year in the City's Community Development Department accounts during Fiscal Years 22/23; 23/24; 24/25 in the amount of not-to-exceed $ 189,000.

Resolution 2022- 145

224
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The Banning City Council hereby approves a Professional Service Agreement with VCS Environmental in a not- to-exceed total amount of $ 189, 000 for Fiscal Years 22/ 23; 23/ 24; and 24/ 25 to provide City staff expert advice and strategy consultation that will assist and advise on the wetland and biological permitting and mitigation strategies for current and future land development projects.

SECTION 2. The City Council hereby authorizes the City Manager or his designee is authorized to make necessary budget adjustments, appropriations and transfers related to this professional services agreement.

SECTION 3. The City Council hereby authorizes the City Manager or his designee to execute a Professional Services Agreement with VCS Environmental, in substantial form of the agreement attached as Exhibit A hereto, for a compensation amount not- to-exceed 189, 000.

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.

PASSED, ADOPTED AND APPROVED this 25th day of October 2022.

ATTEST:

Caroline Patton, D
City of Banning

APPROVEDASTOFORMAND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
Resolution 2022- 145

0Dtn~~
Colleen Wallace, Mayor
City of Banning
225
CERTIFICATION:

I, Caroline Patton , Deputy City Clerk of the City of Banning , California , do hereby certify that the foregoing Resolution 2022- 145 , was duly adopted by the City Council of the City of Banning, California , at a regular meeting thereof held on 25th day of October 2022 by the following vote , to wit:

AYES : Happe, Sanchez , Wallace.

NOES:

ABSENT: Minjares.

ABSTAIN:

Resolution 2022-145

Caroline Patton , Dep City Clerk
City of Banning , California
226

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director Ralph Wright, Parks and Recreation Director
MEETING DATE: June 10, 2025
SUBJECT: Consideration of a Fee Waiver Request Not-to-Exceed $5,370 for Stagecoach Days Association's Use of Dysart Park for Equestrian and Community Events (Other than "Stagecoach Days") to Benefit the Community
RECOMMENDATION:

Approve the fee waiver of no more than $5,370.

BACKGROUND:

The Stagecoach Days Association has increased event offerings over the last few years in an effort to provide equestrian events to the community and as a way to fundraise to offset overall expenditures for one of the City's Signature Events, Stagecoach Days, which includes a parade, a PRCA rodeo and more. As they have increased their offerings with barrel racing series and community events such as an Octoberfest event, Barrels, Brews and Bites, Toy drives and more, they have been required to pay the adopted fees for the use of Dysart. This reduces their ability to fundraise. During a number of parks and recreation related Council Agenda items in the past months, this has been discussed and numerous Council members mentioned that a fee waiver for the use of Dysart park for these types of events were warranted.

Based on past scheduled events and estimated total usage days, Stagecoach Days is requesting of the waiver of up to 30 days of adopted fees for the rental of Dysart Park of $145 per day and the adopted light fees of a minimum of $34 per use. The 30 days were based on up to three 6-week barrel racing series events and an estimated 3 additional larger scale community events that each may use up to four days to prepare and run the events. The total fee waiver per day would be $179 for a not to exceed amount of $5,370.

Chapter 3.40.010 of the Banning Municipal Code establishes the protocol for the waiver of fees for nonprofit organizations that provide a valuable public service for the community. Per this chapter, fee waiver requests above one thousand dollars require the authorization and approval of the Banning City Council.

JUSTIFICATION:

The Stagecoach Days Association provides a valuable service to the community by providing equestrian events that are not otherwise offered. They also volunteer a significant amount of time and have and continue to fund and volunteer to complete improvement projects at Dysart Park. In recent years, they have provided improvements to the announcer's booth, arena itself, concrete installations and much 227
more. They have recently received funding and plan to make additional improvements to the area extending the arena allowing Dysart Park to be an acceptable arena for certain gymkhana events that without the lengthening of the arena, would not be able to use Dysart Park.

These continued efforts and the increased small and large events bring in significant out of town patrons that will and do solicit Banning businesses and for these reasons, a fee waiver of this amount is warranted.

FISCAL IMPACT:

Although there is a potential loss of revenue from other users and some rental revenue loss associated with the fee waiver, the improvements to the facility and the economic generation for the City with their event offerings, there is minimal if any negative fiscal impact and the potential for increases in generated tax revenue and direct facility revenue in the future.

ALTERNATIVES:

Do not approve the fee waiver request and provide alternative direction.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Stagecaoch Days Association - Fee Waiver Request_6.10.25.pdf 228
Stagecoach Days Association
P.O. Box 604
Banning, CA 92220
June 4, 2025
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Attn: City Manager and Parks & Recreation Department
Subject: Request to Waive Rental Fees for Dysart Park – Stagecoach Days Association Dear City of Banning Officials,
My name is Amy Pippenger, and I serve as Chair of the Stagecoach Days Association, a nonprofit 501(c)(3) organization comprised entirely of community volunteers. I am writing to respectfully request the City of Banning waive the rental fees for the use of Dysart Park for a total of 30 days throughout the year for our ongoing community events and activities.

Stagecoach Days Association is proud to carry on the long-standing tradition of celebrating Banning’s heritage through events like Stagecoach Days, Barrels, Brews, & Bites, and our Annual Christmas Barrel Race and Toy Drive, which benefits the Banning Police Officers Association. During this event, collected toys are distributed on fire trucks throughout the city, spreading joy to children and families during the holiday season.

Throughout the year, we also host local barrel races, rodeo queen practices, and other community-centered equestrian events that use Dysart Park as a central hub.

In addition to our events, our committee members have adopted Dysart Park through the City’s Adopt-a-Park Program. Our volunteers have put in countless hours maintaining and improving the park. We have undertaken tasks such as painting, weeding, mowing lawns, applying bug 229
spray, addressing termite concerns, and other general upkeep efforts—all done at no cost to the City. This work ensures the park remains a clean, welcoming space for all community members.

We believe our continued stewardship of Dysart Park and the public benefit of our events align with the city’s goals of supporting community engagement and historical celebration. Waiving the rental fees would allow us to allocate more resources directly to these community programs and ensure their ongoing success.

Thank you for your consideration of this request. We remain committed to working alongside the City to preserve Banning’s legacy and enhance public spaces like Dysart Park for the benefit of all.

Sincerely,
Amy Pippenger
Chair, Stagecoach Days Association
[email protected]
(951) 552-6730
230

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: June 10, 2025
SUBJECT: Consideration of Resolution 2025-81, Approving a List of Projects to be Funded for Fiscal Year 2025/2026 by SB 1 “The Road Repair and Accountability Act of 2017”
RECOMMENDATION:

Adopt Resolution 2025-81.

BACKGROUND:

Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation shortfalls statewide. SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year. The City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.

The City will receive an estimated $845,354 in RMRA funding in Fiscal Year 2025/2026 from SB 1. The unexpended amount of $816,149 in RMRA funding received in Fiscal Year 2024/2025 will be used in conjunction with Fiscal Year 2025/2026 to complete the projects. The City used a Pavement Management System to develop the SB 1 projects list to ensure revenues are being used in an efficient and cost-effective manner.

The preliminary cost estimate for these proposed projects is $1,190,000 as listed below. • Ramsey and Omar Intersection Improvements - $300,000
• 12th Street AC Overlay (from Westward Avenue to Barbour Street) - $60,000 • Highland Home Road Slurry Seal (from Wilson Street to Ramsey Street) – $80,000 • Banning Ramsey Street Pedestrian Safety Improvement (Ramsey Street at 16th Street, 6th Street, 2nd Street, and at Martin Street) - $400,000
• Highland Springs AC Overlay (From Wilson Street to the Railroad Tracks) - $350,000

PAVEMENT MANAGEMENT SYSTEM UPDATE
The City utilizes Cartegraph Asset Management software from OpenGov for management of the pavement assets in the City. A citywide pavement assessment was conducted in 2015 with that data 231
loaded into Cartegraph. Since that time, projects have been prepared and proposed in part to the previous 2015 assessment.

On July 9, 2024, City Council approved Resolution 2024-116 to enter into a contract with Roadway Asset Services to conduct a new pavement survey, as well as other roadway assets not collected in 2015 including signage, striping, curbs, sidewalks, ADA ramps, street trees, and streetlights. The roadway assessment was completed in November 2024, and City staff continues to work with the RAS group on implementation and incorporation of this data into the Cartegraph system. This work includes updating GIS information, identifying City specific pavement treatments, developing thresholds for pavement interventions, and creating specific workflows and analyses to identify roadway segments for intervention to maintain a desired Citywide Pavement Condition Index (PCI). The detail in the assessment also looks at variability of quality on a roadway segment. For example, if there is a roadway segment with a small portion in severe distress, it brings down the entire score for the segment. However, it may be necessary to repair just that section rather than the entire road segment. Detailed information like this will help staff in determining the appropriate mitigations and spread the limited funding available further than if we treated the entire segment as severely distressed.

The current assessment scored asphalt condition Citywide at 71, the lower limit of the Satisfactory PCI range. The assessment also indicated that 88% of the asphalt in the community is rated with a PCI of 56 or higher, or in a Fair, Satisfactory, or Good condition. It is good practice to intervene early and often, typically when pavement dips below a PCI of 80 with slurry type treatments to extend pavement life overall, and consider grind/overlay when PCI continues to drop lower. The least costly interventions are slurry type projects on roads in good condition to extend their life.

Included with this staff report is the initial data presentation received from RAS. Once the full incorporation of the data is made with Cartegraph, including non-pavement roadway assets and maintenance scenarios have been constructed a further demonstration workshop can be presented to Council. Additionally, Public Works staff is participating in further pavement management training, standard and specifications updates with the City and County Pavement Improvement Center (research partnership including UC Davis, UC Berkeley, and Cal Poly San Luis Obispo), and collaboration with surrounding communities on best local practices.

JUSTIFICATION:

Local agencies are required to submit a list of projects to be funded by RMRA funds to the California Transportation Commission (CTC) by July 1, 2025 to receive funding for Fiscal Year 2025/2026.

FISCAL IMPACT:

The State Department of Finance estimates that the City of Banning will receive $845,354 in RMRA funding in FY 2025/2026 from SB 1.

ALTERNATIVES:

The City Council may choose not to adopt the resolution at this time, which as a result the City will not be eligible to receive SB 1 funding for the Fiscal Year 2025/2026.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-81, SB1 Funding Projects.docx

2. RAS Pavement Summary.pdf
232
Resolution 2025-81

RESOLUTION 2025-81

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025/2026 TO BE FUNDED BY SB 1 “THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017”
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $845,354 in RMRA funding in Fiscal Year 2025/2026 from SB 1; and
WHEREAS, this is the nineth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate five street projects throughout the City this year and hundreds of similar projects into the future; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in at-risk condition and this revenue will help increase the overall quality of our road system and over the next decade will bring our streets and roads into good condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. City Council adopts Resolution 2025-81, adopting a List of Projects to be Funded by SB 1: The Road Repair and Accountability Act of 2017.
233
Resolution 2025-81

SECTION 3. City Council authorizes the City Manager or his designee to make necessary budget adjustments and to receive and record SB 1 funding in a manner necessary to comply with the requirements of SB 1.

SECTION 4. The Fiscal Year 2025/2026 list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues is attached hereto as Exhibit “A”.

SECTION 5. The City Clerk is authorized to certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 10th day of June, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
234
Resolution 2025-81

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-81, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of June, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
235
Resolution 2025-81

EXHIBIT "A"
City of Banning FY 2025-2026 SB 1 Projects
Proposed Projects List
Project Title Project Description Project
Location
Estimated
Useful
Life
Anticipated
Start of
Project
Anticipated
Completion
of Project
Ramsey and
Omar
Intersection
Improvements
Grind and construct 2" asphalt
concrete; adjust water valve and
sewer manhole covers; repair
concrete curb and gutter,
sidewalk, access ramps and
cross gutter; and reinstall all
existing striping and pavement
markers.

Ramsey and
Omar
Intersection
10 - 15
yrs
August
2025
December
2025
12th Street
AC Overlay
Grind and construct 2" asphalt
concrete; adjust water valve and
sewer manhole covers; repair
concrete curb and gutter,
sidewalk, access ramps and
cross gutter; and reinstall all
existing striping and pavement
markers.
12th Street
from
Westward
Avenue to
Barbour
Street
10 - 15
yrs
October
2025
January
2026
Highland
Home Road
Slurry Seal
Apply crack seal and slurry seal
on existing AC pavement; repair
concrete curb & gutter, sidewalk,
access ramps and cross gutter;
and reinstall all existing striping
and pavement markers.

Highland
Home Road
from Wilson
Street to
Ramsey
Street
5-7 yrs October
2025
January
2026
Banning
Ramsey
Street
Pedestrian
Safety
Improvements
Install/upgrade pedestrian
crossings at uncontrolled
locations; install Rectangular
Rapid Flashing Beacon (RRFB).

Ramsey
Street at
16th Street,
6 th Street,
2 nd Street,
and Martin
Street
10 - 15
yrs
September
2025
January
2026
Highland
Springs Ave
AC Overlay
Grind and construct 2" asphalt
concrete; adjust water valve and
sewer manhole covers; and
reinstall all existing striping and
pavement markers.

Highland
Springs Ave
from Wilson
St to train
tracks
10 - 15
yrs
October
2025
January
2026
236
Banning, CA
2024 Pavement Condition
Results
237
238
239
Network PCI Summary
240
Network PCI : 71
Backlog: 4.2% (Area)
241
242
Network IRI Summary
243
244
Samples
245
Smallest Variance 0
Largest Variance 88
Mean 9
Median 5
St. Deviation 12
PCI Variance Statistics
246
247
ArcGIS Online Information
Username: banningca_RASLLC
Password: 789NS@nGorgoni0
View the map & experience here: https://arcg.is/19q5Le2

2. Zoom in and toggle desired map layers on

3. Click on a segment to view the popup for
additional information 1. Click the link and open in map viewer 248

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Holly Stuart, Public Works Program Manager Arturo Vela, Director of Public Works
MEETING DATE: June 10, 2025
SUBJECT: Consideration of Resolution 2025-82, Approving the Sixth Amendment to the Street Sweeping Services Agreement with Sweeping Corp of America (SCA) for 2025/2026 under Sourcewell Contract #062421-SWP Increasing the Compensation in the amount of $149,352 for the Extended Term RECOMMENDATION:

Adopt Resolution 2025-82.

BACKGROUND:

On June 9, 2020, City Council approved an award for street sweeping services in the amount of $91,177 for Fiscal Year 2020/2021 for one year with the option to renew the services agreement for four (4) additional single years. The initial contract was awarded to Cannon Pacific Services, dba Pacific Sweeping.

On June 8, 2021, City Council approved the First Amendment to the agreement extending the term of the agreement and increasing annual compensation for FY 2021/2022. During this period, the curb miles serviced were reduced from 400 to 300 resulting in an annual contract amount of $86,680 which included annual services as needed in the amount of $10,000.

On April 22, 2022, the Second Amendment to the agreement was processed changing the Contractor name from Cannon Pacific Services, dba Pacific Sweeping, to SCA.

On June 14, 2022, City Council approved the Third Amendment for 2022/2023 in the amount of $122,716. Prior to the award, it was identified by the Contractor that the company was experiencing severe price increases related to items such as equipment, insurance, tires, brooms and fuel.

Additionally, in order for the Contractor to remain competitive and retain employees, labor cost increased. Consequently, staff negotiated with the contractor and determined SCA was awarded Sourcewell Contract 062421-SWP which is valid through August of 2025. As a result, under the Sourcewell Contract, the cost per curb mile increased from $21.30 to $31.31. Staff felt that the increased rate was still competitive considering that the second lowest bidder in 2020 proposed a per mile cost of $36.13.

On May 23, 2023, the Fourth Amendment to the street sweeping agreement with SCA was approved with rates increasing 7.31%; within the Consumer Price Index. With this renewal, the agreement for Fiscal Year 2023/2024 increased by $131,712 which included monthly street sweeping services in the amount of $120,960 ($33.60 per curb mile) for a 12- month period and services as needed in the amount of $10,752. With approval of the Fourth Amendment, one (1) additional single-year contract extension 249
remained.

On May 14, 2024, the Fifth Amendment to the street sweeping agreement with SCA was approved under Sourcewell Agreement 062421-SWP increasing the rates by 3% in the amount off $138,715.25 ($34.60 per curb mile) for Fiscal Year 2024/2025. Services for sweeping the parking lots of Repplier, Roosevelt Williams and Lions parks were added this period. Following this approval and per the agreement, no further contract extensions remained.

At this time, street sweeping services provided by SCA have been evaluated and determined satisfactory. Upon evaluation of renewing services with this vendor, it was reaffirmed that the term extension of the agreement is exhausted. Also, the Sourcewell Contract 062421-SWP that originally expired in August of 2025 has now been extended by one additional year through August of 2026.

For this circumstance, staff recommends continuing the existing agreement and the approval of a Sixth Amendment requiring Council to make an exception to the 5-year contract limitation with the intention that Sourcewell will establish a new street sweeping contract that will be used by the City for the following contract period. If approved, SCA proposes a rate increase of 2.5% which is within the change in CPI for the January 2024 to January 2025 period. With approval of the Sixth Amendment, the agreement will increase $149,351.73 which includes $10,300 for services as needed. Under approval of this resolution, the total agreement will amount to $720,351.98.

The scope of work includes 317.45 curb miles of monthly street sweeping services, increased from 300 curb miles provided in previous years to include new residential streets and services provided to the Atwell community. Residential areas will be serviced once per month and commercial areas will be serviced four (4) times per month. Additionally, monthly sweeping services will be provided to the parking lots of Repplier, Roosevelt Williams and Lions Parks. Services shall include all labor, tools, materials and equipment necessary to perform citywide street sweeping services. In addition to beautifying the City, street sweeping services eliminate roadside debris and trash, pollutants and sediments that might otherwise enter the storm drain assisting the City in complying with the requirements of its National Pollutant Discharge Elimination System (NPDES) permit. This permit requires the Permittees to implement litter and debris control measure, such as street sweeping, to reduce and/or eliminate the discharge of pollutants, including trash and debris, from the storm sewer system to Receiving Waters. In addition to standard monthly needs, the scope requires the Contractor to respond to special requests should there be hazards posing threat to public safety, such as debris creating traffic issues. Street sweeping services may also be scheduled for special events. Routes, service days and curb miles are summarized in the attached.

JUSTIFICATION:

The Public Works Department does not have the required staff or equipment needed to maintain regularly scheduled street sweeping services; therefore, it is necessary to retain a contractor. Upon review, staff determined that SCA has continued to provide satisfactory citywide street sweeping services and may obtain services under Sourcewell Contract #062421-SWP which is valid through August of 2026.

FISCAL IMPACT:

Residential and commercial street sweeping services will be provided in the amount of $135,100.37 and funded by Gas Tax Funds, Account 100-4900-431.33-11 (Professional Services) which includes a line item for services as needed. Additionally, monthly street sweeping services will be provided to the parking lots of Repplier, Roosevelt Willimas and Lions Parks in the amount of $3,951.36 and funded by Account 001-3600-461.30-01. Funding for services as needed in the amount of $10,300 will be determined on a case-by-case basis.

ALTERNATIVES:

Reject Resolution 2025-82 and discontinue services. If directed, staff could proceed with a new RFP to 250
obtain the required services. This alternative would result in an interruption in citywide street sweeping services as the City does not have staff resources and equipment to perform these services in-house.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-82, Street Sweep Am 6.docx

2. Exhibit A - C00644 SCA of CA LLC. A6.doc

3. Banning Route Schedule atwell included.docx

4. Route Maps.docx

5. SCA Proposal.pdf
251
Resolution 2025-82

RESOLUTION 2025-82

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

APPROVING THE SIXTH AMENDMENT TO THE STREET SWEEPING SERVICES

AGREEMENT WITH SWEEPING CORP OF AMERICA (SCA) EXTENDING THE TERM THROUGH FISCAL YEAR 2025/2026 AND INCREASING THE COMPENSATION OF THE TOTAL AGREEMENT BY $149,352 FOR THE EXTENDED TERM
WHEREAS, on June 9, 2020 for Fiscal Year 2020/2021 an agreement was awarded to Cannon Pacific Services dba Pacific Sweep with the option to renew for four (4) additional single years; and
WHEREAS, on June 8, 2021, the First Amendment to the Agreement was approved, extending the term for Fiscal Year 2021/2022 for an additional one-year period with the option to renew for three (3) additional single years; and
WHEREAS, on April 22, 2022, the Second Amendment to the agreement was processed changing the contractor name from Cannon Pacific Services, dba Pacific Sweeping, to SCA; and WHEREAS, on June 14, 2022, the Third Amendment to the agreement was approved for FY 2022/2023 based on available remaining contract renewals and Sourcewell Contract 062421- SWP, in the amount of $122,716 which included monthly services and as needed services in the amount of $10,000 with two (2) additional single years contract extensions remaining; and WHEREAS, on May 23, 2023, the Fourth Amendment to the street sweeping agreement was approved with rates increasing 7.31%; within the Consumer Price Index, increasing the agreement by $131,712 which included monthly street sweeping services in the amount of $120,960 ($33.60 per curb mile) for a 12- month period and services as needed in the amount of $10,752 with the remaining option to renew one (1) additional single-year contract; and WHEREAS, on May 14, 2024, the Fifth Amend to the street sweeping agreement with SCA was approved under Sourcewell Agreement 062421-SWP increasing the rates by 3% in the amount off $138,715.25 ($34.60 per curb mile) for Fiscal Year 2024/2025 with the addition of sweeping the parking lots of Repplier, Roosevelt Williams and Lions parks; and WHEREAS, under approval of this resolution, the Sixth Amendment is approved for FY 2025/2026 based on Sourcewell Contract 062421-SWP, and a satisfactory evaluation of services currently provided; and
WHEREAS, the FY 2025/2026 will extend the term and increase compensation of the agreement in the amount of $149,351.71 which includes monthly commercial and residential service; services as needed; and monthly parking lot sweeping of Repplier, Roosevelt Williams and Lions Parks; and
WHEREAS, residential and commercial street sweeping services will be funded by Gas Tax Funds, Account 100-4900-431.33-11 (Professional Services) in the amount of 135,100.37; parking lots of Repplier, Roosevelt Willimas and Lions Parks in the amount of $3,3,951.36 and funded by Account 001-3600-461.30-01 and the services as need portion of the agreement will be determined a case-by-case basis.
252
Resolution 2025-82

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

SECTION 1. The City Council approves the Sixth Amendment to the Street Sweeping Services Agreement with Sweeping Corp of America (SCA) extending the term through Fiscal Year 2025/2026 and increasing the compensation in the amount “not to exceed” $149,352 for the extended term.

SECTION 2. City Council authorizes the City Manager or designee to make necessary budget adjustments, appropriations and transfers related to the Sixth Amendment with SCA related to street sweeping services extending the agreement one-year beyond the originally stipulated term.

SECTION 3. City Council authorizes the City Manager to make necessary non-substantive revision to the agreement and to execute said agreement with SCA for Fiscal Year 2025/2026 street sweeping services.

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.

PASSED, APPROVED AND ADOPTED this 10th day of June, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

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

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
253
Resolution 2025-82

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-82, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of June, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
254
Resolution 2025-82

Exhibit A
Amendment No. 6 with SWEEPING CORP OF AMERICA (SCA)
FY 2025/2026 Street Sweeping Services
255
AMENDMENT NO. 6 TO STREET SWEEPING AGREEMENT (C00644) BY AND BETWEEN THE CITY OF BANNING AND SCA OF CA, LLC.

THIS AMENDMENT NO. 6 TO THE AGREEMENT FOR STREET SWEEPING (“Amendment No. 6”) by and between the CITY OF BANNING (“City”) and SCA OF CA, LLC, a Delaware limited liability company (“Contractor”)” is effective as of this day:
_______________________.

RECITALS
A. On June 11, 2020, City and Contractor entered into that certain Agreement for Street Sweeping (“Agreement”) whereby Contractor agreed to provide Street Sweeping Services following Request for Proposals No. 20-006, in an amount not to exceed Ninety-One Thousand One Hundred Seventy-Six Dollars and Five Cents ($91,176.05).

B. On June 8, 2021, City and Contractor amended the Agreement (“Amendment No. 1”) to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2022, and to provide for compensation for services in that extended term in an amount not to exceed Eighty-Six Thousand Six-Hundred Eighty Dollars ($86,680.00).

C. On April 22, 2022, City and Contractor amended the Agreement (“Amendment No. 2”) to accept the Contractor name change. On March 4, 2021, SCA of CA, LLC. completed the acquisition of Cannon Pacific Services, Inc., dba Pacific Sweeping, changing the company name to SCA of CA LLC. All current and future documentation will list SCA of CA, LLC. as the Contractor.

D. On July 26, 2022, City and Contractor amended the Agreement (“Amendment No. 3”) to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2023, include minor changes to the rates, and to provide for compensation for services in that extended term in an amount not to exceed One Hundred Twenty-Two Thousand Seven Hundred Sixteen Dollars ($122,716.00).

E. On June 16, 2023, City and Contractor amended the Agreement (“Amendment No. 4”) to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2024, include minor changes to the rates, and to provide for compensation for services in that extended term in an amount not to exceed One Hundred Thirty-One Thousand Seven Hundred Twelve Dollars ($131.712.00).

F. On June 16, 2023, City and Contractor amended the Agreement (“Amendment No. 4”) to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2025, include minor changes to the rates, and to provide for compensation for services in that extended term in an amount not to exceed One Hundred Thirty-One Thousand Seven Hundred Twelve Dollars ($131.712.00).

G. City and Contractor now desire to amend the Agreement (“Amendment No. 6”) in accordance with City Council approval to extend the Agreement for an additional one-year term ending on June 30, 2026, modify the scope of services and to provide compensation for the extended contract term in an amount not to exceed One Hundred Forty-Nine Thousand Three Hundred Fifty-Two Dollars and Sixty-Eight Cents ($149,352.68). 256
TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) Section 3 – “Term” of the Agreement is hereby amended to extend the Agreement term to June 30, 2026.
(b) Section 7 – “Compensation” of the Agreement is amended to provide that Contractor’s total compensation shall not exceed One Hundred Forty-Nine Thousand Three Hundred Fifty-Two Dollars and Sixty-Eight Cents ($149,352.68), for a new contract total amount not to exceed Seven Hundred Twenty Thousand Three Hundred Fifty-One Dollars and Ninety-Eight Cents ($720,351.98).
(c) The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment 1, attached hereto and incorporated herein

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 6, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 6, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 6. In the event of a conflict between the provisions of this Amendment No. 6 and the provisions of the Agreement or Amendments No. 1 through 3, the provisions of this Amendment No. 6 shall control.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid and binding obligation.

Contractor represents and warrants to City that, as of the date of this Amendment No. 6, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Contractor that, as of the date of this Amendment No. 6, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 6.

5. Authority. The persons executing this Amendment No. 6 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 6 on behalf of said party, (iii) by so executing this 257
Amendment No. 6, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Amendment No. 6 does not violate any provision of any other Agreement to which said party is bound.

6. Signatures: Electronic Signatures: 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 Agreement and such other documents transmitted by the Parties. [SIGNATURES ON FOLLOWING PAGE]
258
IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 6 to the Agreement the day and year first hereinabove written.

CITY OF BANNING CONTRACTOR
Robert Fisher, Date
City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Administrative City Clerk
Address:

APPROVED AS TO FORM:

Solvak, Baron, Empey, Murphy & Pinkney
LLP
John O. Pinkney Date
City Attorney
City Council Approval: ________________
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,

ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
259
ATTACHMENT “1”
260
Street Sweeping Route Schedule
FY 2025-2026

ROUTE ROUTE TYPE FREQUENCY SERVICE DAYS
ROUTE
CURB
MILES

MONTHLY
CURB
MILES
ANNUAL
CURB
MILES
A. 1 Commercial 4 X/Month Thursdays 31 124 1488
B. 2 Residential Monthly 1
st Wednesday 14 14 168
C. 3 Residential Monthly 1
st Thursday 28 28 336
D. 4 Residential Monthly 1
st Friday 27 27 324
E. 5 Residential Monthly 2
nd Wednesday 20 20 240
F. 6 Residential Monthly 2
nd Thursday 15 15 180
G. 7 Residential Monthly 2
nd Friday 48.45 48.45 581.4
H. 8 Residential Monthly 3
rd Wednesday 22 22 264
I. 9 Residential Monthly 3
rd Thursday 19 19 228
K. As
Needed TBD TBD TBD TBD TBD TBD
Total 317.45 3,809.4
261
Route Maps:
262
Added Atwell Community
263
264
City Of Banning 5/21/25
Public Works
Street Sweeping Services Renewal 2025/2026
Sourcewell Contract 062421-SWP
SCA is pleased to offer a contract renewal with a 2.5% CPI rate increase from the 2024 rate of $34.60 per c/m to $35.46 per c/m.
3,809.4 Curb Miles annually for fiscal 2025/2026 with the additional mileage for the Atwell Community included.

Residential streets 3,809.4 c/m rate of $35.46
Annual total of $135,100.37
The contract for fiscal 2025/2026 includes the following Parking lots to the commercial sweep schedule once sweep per month schedule.

Repplier parking lot located at 789 N San Gorgonio Ave. $109.76 per sweep.

Roosevelt Williams parking lot located at 1101 E George St. $109.76 per sweep.

Lions parking lot located at 955 S Hargrave St. $109.76 per sweep.

Parking Lot services Total $3,951.36
The sweeping services renewal does not exceed a total of $139,051.73 Normal working hours 7am -5 pm additional call out work hourly rate $109.

After hours emergency call out rate $185 per hour portal to portal The sweeping services renewal will include as needed services in the amount not to exceed $10,300 without prior approval.

TERRY ROBERTS
District Sales Manager
133961 Rose Ave
Fontana CA 92337
Direct: 714.620.4740
265
1 -888-SWEEPING sweepingcorp.com 4141 Rockside Road, Suite 100, Cleveland, OH 44131 2 266

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: June 10, 2025
SUBJECT: Consideration of Resolution 2025-83, Approving a Renewed Memorandum of Understanding between the City of Banning and the Stagecoach Days Association for the "Stagecoach Days" Event RECOMMENDATION:

Adopt Resolution 2025-83.

BACKGROUND:

For over 60 years, Stagecoach Days has been an annual citywide celebration of Banning's history as a stagecoach stop on the Colorado Stage and Express Line and has become a signature event for the City.

Since 2010, the City of Banning and the Stagecoach Days Association have collaborated to produce the annual event known as Banning Stagecoach Days. In June of 2021, the City Council adopted Resolution 2021-56, approving an MOU for a 3-year term. Then on February 27, 2024, the City Council authorized a one year extension to the existing MOU through June 21, 2025. The original MOU defined the roles and expectations of both the City and the associated level of support with regard to in-kind services as well as direct financial support for one of Banning’s Signature Event and the expectations of the content of the event staged by Stagecoach Days Association. The City supported the event with both in-kind services and direct financial support in the first two years of the MOU.

The revised MOU again defines the roles for both the City and Stagecoach Days Association.

The proposed MOU's main content items and changes:
- City's Level of Support - (Dependent on sufficiency of annual appropriations properly budgeted and available for such purposes)
* In-Kind Services - Police, Public Works, Parks and Recreation, Transit Departments support - not to exceed $7,500. (Reduction of $2,500 based on previous needs) * Direct Sponsorship - $12,500
* Bleacher Rental for the event - Not to exceed $23,500 (Increase of $5,500 - Has not been increased since 2018 - this is the expected total cost of the bleacher rental) * City provided event insurance - Not to exceed amount of $4,000 - Expected content of the event:
* The Association will organize, promote, and conduct the annual three day Stagecoach Days event at Dysart Park - Will also conduct the annual Stagecoach Day's parade. 267
* The event will consist of a minimum of two (2) PRCA Pro Rodeo events, multiple food, souvenir, craft and food vendors, live music performances, and either a carnival or Kid's Zone with mutually agreed upon activities and attractions that are geared toward family entertainment. -Additional content or changes to the agreement:
* Allows use of the Admin building and arena for planning and prep for the event throughout the year; * Requires completion and submission of Facility Use Agreements for all uses; * Defines timeframe for ensuring all utilities are in working condition for event; * Requires Stagecoach Days to provide an annual report to the City Council on the Signature event. -Term:
* The term of the agreement is for three years with an option to extend for an additional two years; * Defines annual opt out options if either party chooses; * Allows the City to adjust funding based on financial parameters during the budget cycle.

JUSTIFICATION:

Stagecoach Days is designated as a signature event for the City of Banning. As the largest and longest running annual community celebration in Banning, the continuation of this signature event and annual celebration is a priority.

FISCAL IMPACT:

Adoption of Resolution 2025-83 would commit the City to direct financial support of $40,000 and in-kind contributions capped at $7,500. The amount is budgeted in the adopted FY 2025-26 City budget and the agreement, while it has a term of three years, allows for opt out of subsequent years if budgetary constraints arise.

ALTERNATIVES:

Do not adopt the resolution and provide direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-83, Stagecoach Days MOU.docx

2. Draft MOU-COB and Stagecoach Days Assoc- June 2025.pdf

3. Resolution 2021-056 - Stagecoach Days MOU.pdf
268
Resolution 2025-83

RESOLUTION 2025-83

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

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN STAGECOACH DAYS

ASSOCIATION AND THE CITY OF BANNING
WHEREAS, for over sixty years, Stagecoach Days has been an annual citywide celebration of Banning’s history as a stagecoach stop on the Colorado Stage and Express Line; and WHEREAS, since 2010 the Stagecoach Days Association has organized, promoted and conducted Banning Stagecoach Days as an annual event and community celebration; and WHEREAS, the City of Banning and the Stagecoach Days Association desire to work in cooperation and partnership with each other to annually produce Banning Stagecoach Days; and WHEREAS, City of Banning seeks to continue to support Banning Stagecoach Days at a level that covers real costs of sponsorship, bleachers and insurance; and WHEREAS, in 2018 and again in 2021, the City entered into successive three-year agreements with Stagecoach Days association to delineate the respective rights and obligations of the parties relative to the annual Banning Stagecoach Days Celebration; and WHEREAS, in June of 2024, the City extended the MOU for one additional year; and WHEREAS, the existing MOU is set to expire on June 22, 2025 and does not include additional renewal options: and
WHEREAS, the MOU presented clearly defines the expectations of the Stagecoach Days Association and the City of Banning for the production of the annual Stagecoach Days event; and WHEREAS, the financial support by the City will be contingent upon the sufficiency of annual appropriations properly budgeted and available for such purposes.

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

SECTION 1. The City Council approves the Memorandum of Understanding with Stagecoach Days Association for the Stagecoach Days MOU for a 3 -year term and subsequent amendment to extend the Agreement for up to one additional 2-year term upon satisfactory performance.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Memorandum of Understanding and to execute the Memorandum of Understanding with Stagecoach Days Association 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. 269
Resolution 2025-83

PASSED, APPROVED AND ADOPTED this 10th day of June, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

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

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
270
Resolution 2025-83

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-83, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of June, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
271
Resolution 2025-83

EXHIBIT A
Memorandum of Understanding with Stagecoach Days Association 272

MEMORANDUM OF UNDERSTANDING
Between Stagecoach Days Association and City of Banning THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into this 22nd day of June 2025 (“Effective Date”), between the Stagecoach Days Association, a California non-profit 501(c)(3) corporation (the “ASSOCIATION”) and the City of Banning, a California municipal corporation (the “CITY”), to memorialize the agreement of the parties concerning their ongoing relationship for the purpose of conducting the Banning Stagecoach Days Event (“Stagecoach Days”).

1. RECITALS:
a. Since 2010, the Association has organized, promoted, and conducted Stagecoach Days as an annual event and community celebration. b. The City and the Association desire to work in cooperation and partnership with each other to annually produce Stagecoach Days, a City of Banning Signature Event.
c. The CITY seeks to continue support Stagecoach Days at a level that is consistent with recent years.
d. In 2018, the City entered into an MOU with Stagecoach Days association to delineate the respective rights and obligations of the parties relative to the annual Banning Stagecoach Days Celebration.
e. On June 22, 2021, The City and the Association entered into a new MOU for three years and the MOU the City Council of the City of Banning authorized the City Manager to extend the MOU for one additional year through June 22, 2025.
f. The ASSOCIATION and the CITY desire to enter an updated MOU to delineate the parties’ respective rights and obligations and define their relationship for Stagecoach Days.

2. AGREEMENT:

In consideration of the foregoing recitals and of the mutual promises and covenants herein, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as described below.

3. RELATIONSHIP BETWEEN THE PARTIES
The parties agree that the relationship of the parties is between two separate and independent entities. There is not a joint venture, partnership, employer- employee relationship or any principal-agent relationship.

4. USE OF FACILITIES
a. EXCLUSIVE USE OF DYSART PARK FOR EVENT TIMEFRAME
273

The ASSOCIATION shall have exclusive operational and vending control over and within the geographic area and locations at which Stagecoach Days events will be conducted, as such geographic area and locations are defined in the event application and permits relating hereto. The CITY shall not (a) authorize or permit any other person or entity to conduct any other community event, or (b) grant any other person or entity a transient merchant license to conduct any type of business, within Dysart Park during the time of two weeks before, two weeks after, and during Stagecoach Days, which begins the Friday after Labor Day and ends two (2) days later. b. USE OF ADMIN BUILDING
The CITY understands the preparations for the Annual Stagecoach Days event take place throughout the year and for this reason, grants use of the Admin Building at Dysart Park for preparation meetings to aid the ASSOCIATION in planning for the Stagecoach Days event. The Association must submit a Facility Use Agreement (FUA) for all scheduled uses of the Admin Building to the Parks and Recreation Department prior to scheduled uses.
c. USE OF ARENA FOR RODEO QUEEN AND FLAG TEAM PREP
As part of the Stagecoach Days Event, there are flag performances and a Rodeo court. As preparation for this event, there will be additional training and prep days required for both groups to manage their choreography and planning. As part of this agreement, Stagecoach Days Association may schedule and use the arena itself for this training and preparation in the weeks leading up to the event. The Association must submit a Facility Use Agreement (FUA) for all scheduled uses of the Arena to the Parks and Recreation Department prior to scheduled uses.

5. ELEMENTS OF THE ANNUAL EVENT
a. The ASSOCIATION will organize, promote, and conduct the annual, threeday Stagecoach Days event and the annual Stagecoach Days Parade. b. The three-day event, depending upon budget, will consist of a minimum of two (2) Professional Rodeo Cowboy Association (PRCA) Pro Rodeo events, multiple food, souvenir, and craft vendors, live music performances, and either a carnival or a “Kid’s Zone” with mutually agreed upon activities and attractions that are geared towards family entertainment. c. The parade, unless a different route is agreed to, will be held on Ramsey Street, between San Gorgonio Avenue and 12th Street the Saturday morning of the three-day event or if mutually agreed to, the weekend prior to Labor Day weekend and the ASSOCIATION will strive to have a minimum of forty (40) parade entries.

6. SECURITY FOR THE BANNING STAGECOACH DAYS EVENT
274

a. The ASSOCIATION shall be responsible for providing private security, as may be required, and which security is to be provided by guards that are licensed by the Bureau of Security and Investigative Services.
b. The CITY will provide police officers and volunteers at the three-day event and the parade as deemed appropriate by the Chief of Police, or his/her designee. The ASSOCIATION will not be charged for officers or volunteers.

However, the cost associated with police officers that are provided solely for Stagecoach Days and associated events will be charged against the total inkind service donation of Seven Thousand, Five Hundred Dollars ($7,500.00) discussed in Section 7 below.

7. IN-KIND SERVICES FOR BANNING STAGECOACH DAYS
a. Aside from the public-safety services outlined above, the CITY agrees to provide in-kind services to the ASSOCIATION to aid in the offering of the Stagecoach Days Event. The CITY’s in-kind contribution will be understood to include additional services and items required specifically for the Stagecoach Days event, which the CITY would not provide in the absence of said event.

Such in-kind services may include, but are not limited to:
• Additional Street Sweeping
• Additional trash removal
• Placement and removal of barricades upon streets and public parking lots for various events and posting of “No Parking” signs as needed • Assistance for potential shuttle service from the Transit Department during the event.
• Staff to assist with entry gates, parking and ticket booths; and • Other similar services that the CITY has provided to the ASSOCIATION for the production of the annual event
b. The CITY will designate the Parks and Recreation Director, or his/her designee, to facilitate and coordinate the ASSOCIATION’s requests for inkind services and to manage the Stagecoach Days community event application process to facilitate timely approvals.
c. The CITY will also designate the Parks and Recreation Director, or his/her designee, to facilitate and coordinate the ASSOCIATION’s requests for inkind services and to manage the Stagecoach Days community event application process to facilitate timely approvals.
d. No later than sixty (60) days prior to the Stagecoach Days event, the ASSOCIATION will provide detailed plans and information outlining the need for in-kind services and equipment (except as otherwise noted for specific items covered in this MOU). This information shall include any plans, information, and applications for new associated events that may necessitate additional in-kind CITY services, equipment, staff, or other in-kind contribution.
e. No later than thirty (30) days prior to Stagecoach Days, the CITY will 275

estimate the value of the CITY’s in-kind contribution by utilizing the salary costs associated with CITY staff, equipment costs, the rental value of items and facilities that will be used and any additional actual costs incurred by the CITY. The CITY will ensure the requested in-kind services and equipment are necessary and provide value to the event, which are capped at, and will remain capped at Seven Thousand, Five Hundred Dollars ($7,500.00) annually.
f. NOTE: The Parks and Recreation Director will coordinate preparation work with the City’s electrical department, water department and parks department to ensure Dysart Park is properly prepared for the Annual Stagecoach Days Event a minimum of two weeks prior to the scheduled Stagecoach Days Event. This work will not be considered part of the In-kind Services but normal operations for the City.

8. CITY SPONSORSHIP
a. In addition to the in-kind services outlined in Section 7 above, subject to the sufficiency of annual appropriations properly budgeted and available for such purposes, the CITY will provide the ASSOCIATION with:
• a Twelve Thousand Five Hundred Dollar ($12,500) in cash sponsorship for Stagecoach Days;
• A payment to assist with the rental of bleachers for the event in an amount not to exceed Twenty-three Thousand and Five Hundred Dollars ($23,500). The Association will be required to provide engineered plans for the bleacher installation to the CITY a minimum of thirty (30) days prior to the scheduled Stagecoach Days Event Weekend;
• The CITY will secure and will provide necessary event insurance with a maximum not to exceed cost of Four thousand dollars ($4,000) b. In exchange for these sponsorship funds, the ASSOCIATION shall include the CITY at the Presenting Sponsor level, providing the CITY with sponsor promotion, recognition, and all other benefits commensurate with its level of support.

9. APPLICATION AND REPORTING PROCESS
a. The Association must submit annually, completed Facility Use Agreements for the use of the Admin building for all scheduled ASSOCIATION meetings for use of the arena for training and prep of the various event elements such as the Rodeo court and flag team prior to planned uses of the facility. b. Annually, no later than forty-five (45) days prior to the first day of the event, the ASSOCIATION agrees to provide to the CITY a report that includes essential details of the Stagecoach Days event in a format approved by CITY staff. Such a report will be deemed sufficient for properly processing a Special Event Application. All additional applicable licenses required by the CITY must be completed and submitted with the Special Event Application. 276

All proposed activities must be submitted by the ASSOCIATION for approval by the CITY.
c. In March or an agreed upon time in the Spring of each year under this agreement, the ASSOCIATION agrees to provide to the CITY:

1. A Report or formal update that includes the following on the previous year’s event:
a. Total number of Rodeo participants;
b. Total attendance and if possible number of Banning
residents in attendance;
c. Total Revenue and total expenditures incurred from
event.
d. Total number of parade participants and estimated
attendance
e. Highlights of the Stagecoach Days Event

2. This report can be given in person to the City Council at a Public meeting.

10.INDEMNIFICATION
a. To the fullest extent permitted by law, each party agrees to indemnify and hold harmless the other party, its governing board or body, officers, agents, and employees against any and all claims, damages, liabilities, injury expenses, demands, causes of actions, and judgments, including court costs and attorneys’ fees, arising out of or resulting from the performance of this MOU and attributable to the other party’s negligence or intentional acts of its officers, agents, or employees. Following a determination of the percentage of fault or liability by agreement between the parties or a court of competent jurisdiction, the party responsible for liability to the other will indemnify the other party to this MOU for the percentage of liability determined. b. The parties agree this provision shall survive the expiration or termination of this MOU.

11.COMPLETE AGREEMENT
The parties agree that this MOU constitutes the entire agreement of the parties and that no prior agreement or representation, written or oral, shall be binding or of any force or effect. Further, this MOU may not be amended, modified, altered, or enlarged except in writing signed by the duly authorized representatives of the parties hereto.

12. AGREEMENT BINDING
The parties agree that this MOU shall be binding upon the successors and legal representatives of the parties hereto. Neither party shall assign this MOU or any of their respective rights, obligations, or interest in it. 277

City of Banning
Attn: City Manager
99 E. Ramsey Street
Banning, CA 92220
Stagecoach Days Association
Amy Pippenger
P.O. Box 604
Banning, CA 92220
[SIGNATURE PAGE FOLLOWS]

13.TERM
a. The term of this MOU will be for three (3) years from the Effective Date, with a two-year automatic extension, unless a party gives written notice to the other party, not less than sixty (60) days prior to such anniversary date, that the term of the MOU shall not be extended. Such notice shall be given as provided for by Section 14 below
b. In the event that the ASSOCIATION is unable to conduct the Annual Stagecoach Days event as described in this agreement, they must inform the CITY by April 1st.
c. CITY’s obligations in the second year of the term and any subsequent year(s) shall be subject to the sufficiency of annual appropriations properly budgeted and available for such purposes. Recognizing the budgetary requirements, the CITY agrees to provide notice to the ASSOCIATION prior to March 15th if there are not sufficiency of annual appropriations budgeted and available as described in the CITY’S Sponsorship of the event.

14.NOTICES
All notices with respect to this MOU shall be given by first class mail or hand- delivery to the parties as follows:

CITY: ASSOCIATION:

15.SEVERABILITY
If any term, provision, covenant, or condition of this MOU is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this MOU will nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions. 278

[Pursuant to California Corporations
Code Section 313, both signature lines
must be executed unless the signatory
holds at least one of the offices
designated on each line.]
IN WITNESS HEREOF, the duly authorized representatives of the parties are signing this MOU on the date set forth in the introductory clause.

CITY OF BANNING STAGECOACH DAYS ASSOCIATION
________________________________ __________________________ Robert Fisher, City Manager Amy Pippenger, Chairperson
ATTEST:
________________________________ __________________________ Caroline Patton, Administrative City Clerk Jennifer Humphrey, Secretary APPROVED AS TO FORM:
_____________________________________
John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney, LLP
279
RESOLUTION 2021-56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING "MOU" BETWEEN THE

STAGECOACH DAYS ASSOCIATION AND THE CITY OF BANNING
WHEREAS, since 2010 the Stagecoach Days Association has organized, promoted and conducted Banning Stagecoach Days as an annual event and community celebration; and
WHEREAS, the City of Banning and the Stagecoach Days Association desire to work in cooperation and partnership with each other to annually produce Banning Stagecoach Days; and
WHEREAS, City of Banning seeks to continue to support Banning Stagecoach Days at a level that is consistent with recent years; and WHEREAS, in 2018, the City entered into an MOU with Stagecoach Days association to delineate the respective rights and obligations of the parties relative to the annual Banning Stagecoach Days Celebration; and
WHEREAS, the existing MOU is set to expire in July of 2021 and does not include additional renewal options: and
WHEREAS, the MOU presented clearly defines the expectations of the Stagecoach Days and the City of Banning for the production of the annual Stagecoach Days event; and WHEREAS, the financial support by the City will be contingent upon the sufficiency of annual appropriations properly budgeted and available for such purposes.

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

SECTION 1. The City Council of the City of Banning approves the MOU between the Stagecoach Days Association and the City of Banning
PASSED, APPROVED, AND ADOPTED this 22nd day of June 2021.

Resolution 2021-56

~ Colleen Wallace, Mayor
City of Banning
280
ATTEST:

Caroline Patton,
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Kevi~u~~
Richards, Watson & Gershon /Ac,;s, s~ <!. ,--, ..., A "7TtJrz.,...l'-'f Resolution 2021-56

281
CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2021-56, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 22nd day of June 2021 by the following vote, to wit:

AYES: Council Members Hamlin, Happe, Pingree, Sanchez, and Mayor Wallace.

NOES:

ABSENT:

ABSTAIN:

Resolution 2021-56

Caroline Patton, D'e .y City Clerk
City of Banning, California
282

MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into this __ day of ______ , 2021 ("Effective Date"), between the Stagecoach Days Association, a California non-profit 501 (c)(3) corporation (the "ASSOCIATION") and the City of Banning, a California municipal corporation (the "CITY"), to memorialize the agreement of the parties concerning their ongoing relationship for the purpose of conducting the Banning Stagecoach Days Event ("Stagecoach Days").

Recitals
WHEREAS, since 2010, the ASSOCIATION has organized, promoted , and conducted Stagecoach Days as an annual event and community celebration.

WHEREAS, the CITY and the ASSOCIATION desire to work in cooperation and partnership with each other to annually produce Stagecoach Days; WHEREAS, the CITY seeks to continue support Stagecoach Days at a level that is consistent with recent years; and
WHEREAS, the ASSOCIATION and the CITY desire to enter into this MOU to delineate the parties' respective rights and obligations and define their relationship for Stagecoach Days.

Agreement
NOW THEREFORE, for these reasons, and in consideration of the conditions, covenants, and agreements set forth below, the ASSOCIATION and the CITY agree as follows:

1. RELATIONSHIP BETWEEN THE PARTIES
The parties agree that the relationship of the parties is between two separate and independent entities. There is not a joint venture, partnership, employeremployee relationship or any principal-agent relationship.

2. EXCLUSIVITY
The ASSOCIATION shall have exclusive operational and vending control over and within the geographic area and locations at which Stagecoach Days events will be conducted, as such geographic area and locations are defined in the event application and permits relating hereto. The CITY shall not (a) authorize or permit any other person or entity to conduct any other community event, or (b) grant any other person or entity a transient merchant license to conduct any type of business, within Dysart Park during the time period of two weeks before, two weeks after, and during Stagecoach Days, which begins the Friday after Labor Day and ends two (2) days later.

283

3. ELEMENTS OF ANNUAL EVENT
The ASSOCIATION will organize, promote, and conduct the annual, threeday Stagecoach Days event and the annual Stagecoach Days Parade. The three-day event, depending upon budget, will consist of a minimum of two (2) Professional Rodeo Cowboy Association (PRCA) Pro Rodeo events, multiple food , souvenir, and craft vendors, live music performances, and either a carnival or a "Kid's Zone" with mutually agreed upon activities and attractions that are geared towards family entertainment.

The parade will be held on Ramsey Street, between San Gorgonio Avenue and 12th Street the Saturday morning of the three-day event and the ASSOCIATION will strive to have a minimum of forty (40) parade entries, including at least two (2) marching bands.

4. SECURITY FOR THE BANNING STAGECOACH DAYS EVENT
The ASSOCIATION shall be responsible for providing private security, as may be required , and which security is to be provided by guards that are licensed by the Bureau of Security and Investigative Services.

The CITY will provide police officers and volunteers at the three-day event and the parade as deemed appropriate by the Chief of Police, or his/her designee. The ASSOCIATION will not be charged for officers. However, the cost associated with police officers that are provided solely for Stagecoach Days and associated events will be charged against the total in-kind service donation of Ten Thousand Dollars ($10,000.00) discussed in Section 5 below.

5. IN-KIND SERVICES FOR BANNING STAGECOACH DAYS
Aside from the public-safety services outlined above, the CITY agrees to provide in-kind services to the ASSOCIATION commensurate with previous participation in the Stagecoach Days. The CITY's in-kind contribution will be understood to include additional services and items required specifically for the Stagecoach Days, which the CITY would not provide in the absence of said event. Such in-kind services may include, but are not limited to:
• Additional street sweeping;
• Additional trash removal;
• Placement and removal of barricades upon streets and public parking lots for various events and posting of "No Parking" signs as needed; • Staff to assist with entry gates, parking and ticket booths; and

284
• Other similar services that the CITY has provided to the ASSOCIATION for the production of the annual event.

The CITY will also designate the Parks and Recreation Director, or his/her designee, to facilitate and coordinate the ASSOCIATION's requests for inkind services and to manage the Stagecoach Days community event application process to facilitate timely approvals.

The CITY shall facilitate the necessary multi-departmental meetings with representatives of the ASSOCIATION to outline the in-kind services requested by the ASSOCIATION and those deemed necessary by the CITY in preparation and execution of the annual event.

No later than sixty (60) days prior to the Stagecoach Days event, the ASSOCIATION will provide detailed plans and information outlining the need for in-kind services and equipment (except as otherwise noted for specific items covered in this MOU). This information shall include any plans, information, and applications for new associated events that may necessitate additional in-kind CITY services, equipment, staff, or other in-kind contribution.

No later than forty-five (45) days prior to Stagecoach Days, the CITY will estimate the value of the CITY's in-kind contribution by utilizing the salary costs associated with CITY staff, equipment costs, the rental value of items and facilities that will be used and any additional actual costs incurred by the CITY. The CITY will ensure the requested in-kind services and equipment align with prior-years' in-kind contributions, which are capped at, and will remain capped at Ten Thousand Dollars ($10,000.00) annually.

6. CITY SPONSORSHIP
In addition to the in-kind services outlined in Section 5 above, subject to the sufficiency of annual appropriations properly budgeted and available for such purposes, the CITY will provide the ASSOCIATION with a Twelve Thousand Five Hundred Dollar($12,500) in cash sponsorship for Stagecoach Days, will rent bleachers for the event in an amount not to exceed Eighteen Thousand Dollars ($18,000), and will provide necessary event insurance. In exchange, the ASSOCIATION shall include the CITY as a sponsor, providing the CITY with sponsor promotion, recognition, and all other benefits commensurate with its level of support.

7. APPLICATION PROCESS

285
Annually the ASSOCIATION agrees to provide to the CITY a report that includes essential details of the Stagecoach Days event in a format approved by CITY staff. Such a report will be deemed sufficient for properly processing a Special Event Application. All additional applicable licenses required by the CITY must be completed and submitted with the Special Event Application.

All proposed activities must be submitted by the ASSOCIATION for approval by the CITY no later than forty-five (45) days prior to the first day of the event.

8. INDEMNIFICATION
To the fullest extent permitted by law, each party agrees to indemnify and hold harmless the other party, its governing board or body, officers, agents, and employees against any and all claims, damages, liabilities, injury expenses, demands, causes of actions, and judgments, including court costs and attorneys' fees , arising out of or resulting from the performance of this MOU and attributable to the other party's negligence or intentional acts of its officers, agents, or employees. Following a determination of the percentage of fault or liability by agreement between the parties or a court of competent jurisdiction, the party responsible for liability to the other will indemnify the other party to this MOU for the percentage of liability determined.

The parties agree this provision shall survive the expiration or termination of this MOU.

9. COMPLETE AGREEMENT
The parties agree that this MOU constitutes the entire agreement of the parties and that no prior agreement or representation, written or oral, shall be binding or of any force or effect. Further, this MOU may not be amended, modified, altered, or enlarged except in writing signed by the duly authorized representatives of the parties hereto.

10.AGREEMENT BINDING
The parties agree that this MOU shall be binding upon the successors and legal representatives of the parties hereto. Neither party shall assign this MOU or any of their respective rights, obligations, or interest in it.

11.TERM
The term of this MOU will be for three (3) years from the Effective Date, with a two-year automatic extension, unless a party gives written notice to the other party, not less than sixty (60) days prior to such anniversary date, that the

286
term of the MOU shall not be extended. Such notice shall be given as provided for by Section 12 below. The CITY's obligations in the second year of the term and any subsequent year(s) shall be subject to the sufficiency of annual appropriations properly budgeted and available for such purposes.

12.NOTICES
All notices with respect to this MOU shall be given by first class mail or handdelivery to the parties as follows:

CITY:

City of Banning
Attn: City Manager
99 E. Ramsey Street
Banning, CA 92220

13. SEVERABILITY
ASSOCIATION:

Stagecoach Days Association
Amy Pippenger
P.O. Box 604
Banning, CA 92220
If any term , provision, covenant, or condition of this MOU is ruled invalid, void , or unenforceable by a court of competent jurisdiction, this MOU will nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions.
[SIGNATURE PAGE FOLLOWS]

287
IN WITNESS HEREOF, the duly authorized representatives of the parties are signing this MOU on the date set forth in the introductory clause.

City of Banning
By: __________ _
City Manager
Attest:

By: _____________ _
Deputy City Clerk
Approved as to Form:

City Attorney

Stagecoach Days Association
By: ________ _
Chairperson/PresidenWP
By: __________ _
Secretary/Asst. Secretary
CFO/Asst. Treasurer
[Pursuant to California
Corporations Code Section 313,
both signature lines must be
executed unless the signatory
holds at least one of the offices
designated on each line.]
288

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: June 10, 2025
SUBJECT: Consideration of Resolution 2025-84, Approving a License Agreement with the Girl Scouts of San Gorgonio Council for the Use of the Girl Scout House Located in Repplier Park
RECOMMENDATION:

Adopt Resolution 2025-84.

BACKGROUND:

The City owns a building located in Repplier Park adjacent to the Repplier Aquatic Center, named the Girl Scout House. This property was donated to the City in 1937 with the stipulation that it’s priority use was for Girl Scout operations in Banning. The building has only been used for this purpose for many years.

Local girl scouts have been using the facility for years and in June of 2020. the City Council adopted Resolution 2020-63, approving a five-year license agreement with the Girl Scouts of San Gorgonio Council to ensure there was an active license agreement in place for use of the facility. During the five year term, the Girl Scouts of San Gorgonio Council have honored the existing license agreement by properly maintaining the facility, using the facility for successful events and troop activities. The City has partnered with the Girl Scouts of San Gorgonio Council to successfully install air conditioning on site and the Parks and Recreation Department has worked together with the Girl Scouts of San Gorgonio Council to use the facility as one of our sites for our summer day camp program. This partnership has been a success for the City and the community as a whole.

This license agreement has been reviewed by the Girl Scouts of San Gorgonio Council and the terms of the agreement are acceptable to both parties. The license agreement is for a five-year initial term, with the ability to extend the agreement if mutually agreed upon and the agreement requires Girl Scouts of San Gorgonio indemnify the City of Banning and continue to maintain in full force the required insurance for use of the premises and their operations.

JUSTIFICATION:

The building has been used for the girl scout's operations for many years and during the last five year term of the license agreement the City worked closely with no issues with the Girl Scouts of San Gorgonio Council. The property was donated to the City with this use as the designated priority.

FISCAL IMPACT:

There is no negative fiscal impact to the City by entering into this agreement. 289
ALTERNATIVES:

Do not adopt the resolution and provide staff with direction.

BUDGETED?:

No
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-84, License Agreement GSH.docx

2. Exhibit A - Draft License Agreement - Girl Scouts of San Gorgonio Council.Final.pdf

3. Resolution 2020-63 - executed License agreement with Girl Scouts of San Gorgonio Council.pdf 290
Resolution 2025-84

RESOLUTION 2025-84

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

APPROVING THE LICENSE AGREEMENT BETWEEN GIRL SCOUTS OF SAN GORGONIO

COUNCIL AND THE CITY OF BANNING FOR USE OF THE GIRL SCOUT BUILDING

LOCATED IN REPPLIER PARK
WHEREAS, the Girl Scout House, located in Repplier Park, in Banning CA, is owned by the City of Banning; and
WHEREAS, the property was donated to the City in 1937 with the stipulation that the priority use for the property was to support the local girl scouts; and WHEREAS, Girl Scouts of the San Gorgonio Council is the non-profit party responsible for the local girl scout troops that have used the property for many years; and WHEREAS, the license agreement is the best way to ensure that both parties are protected and able to operate the property as designed; and WHEREAS, both the City of Banning and Girl Scouts of San Gorgonio Council entered into a five-year license agreement in June of 2020 for use of the property; and WHEREAS, the use of the property during the term of the license agreement was beneficial to the local Girl Scouts, The City of banning Parks and Recreation Department and the Community as a whole; and
WHEREAS, both the City of Banning and Girl Scouts of San Gorgonio Council would like to enter into a new five-year license agreement for use of the property; and WHEREAS, both the City of Banning and Girl Scouts of the San Gorgonio Council agree to the terms of the said license agreement.

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

SECTION 1. The City Council approves the License Agreement with Girl Scouts of San Gorgonio Council for the Girl Scout House License Agreement for a 5 -year term and subsequent amendment to extend the Agreement for additional 5-year term upon satisfactory performance.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the License Agreement and to execute the License Agreement with the Girl Scouts of San Gorgonio Council 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. 291
Resolution 2025-84

PASSED, APPROVED AND ADOPTED this 10th day of June, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

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

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
292
Resolution 2025-84

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-84, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of June, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
293
Resolution 2025-84

EXHIBIT A
License Agreement
294
-1

LICENSE AGREEMENT FOR USE OF REAL PROPERTY BETWEEN THE CITY OF

BANNING AND GIRL SCOUTS OF SAN GORGONIO COUNCIL
This LICENSE AGREEMENT FOR USE OF REAL PROPERTY BETWEEN THE CITY OF BANNING AND GIRL SCOUTS OF SAN GORGONIO COUNCIL ("Agreement"), is dated as of the ____ day of _______________, 2025 and is entered into by and between the CITY OF BANNING (the "City"), and Girl Scouts of San Gorgonio Council, a non-profit 501 (c)(3) corporation(Licensee) for property described below

RECITALS
A. The City is the owner of certain real property located in the City of Banning, County of Riverside, State of California, within the confines of Repplier Park bounded on the west by Fourth Street, on the north by Wilson Street, to the east by San Gorgonio and to the south by George Street (APNs) more particularly described on Exhibit "A" ("Property").

B. The property was donated to the City in 1937 for park purposes with Girl Scouts use as the first priority of the facility.

C. The City is agreeable to use of the Property for such purposes upon and subject to the terms and conditions set forth below.

NOW, THEREFORE, in consideration of the foregoing recitals, the sum of $5.00, the mutual terms and covenants hereinafter set forth, and other consideration, the sufficiency of which is hereby acknowledged, City and Licensee hereby agree as follows:

1. LICENSE USE.

A. The Premises are to be used by the licensee for administration, events and meeting purposes.

B. The Premises shall not be used for any other purpose without first obtaining written consent of City, which consent shall not be unreasonably withheld.

C. The Licensee shall have exclusive use of the licensed premises.

D. On occasion, when it does not interfere with the Licensee’s use of the facility, the City, can request use of the facility for City recreation programming by obtaining consent of Licensee, which consent shall not be unreasonably withheld.

E. Schedule of activities: The Licensee shall provide a quarterly schedule of all activities to be held on the premises to the City.

2. GRANT OF LICENSE: TERM.

A. Term: This License Agreement shall be for a period of five (5) years, commencing on 295
-2
the date of execution of this agreement
B. Rent: Licensee shall pay the sum of one dollar annually to City as rent for the premises.

Rent shall be paid by June 1st annually for the term of the license.

C. Extensions: The agreement can be extended for additional five (5) year terms, with the mutual consent of both parties.

D.Option to terminate: Either party to this license may terminate this license without cause by giving the other party sixty (60) days advanced written notice. Licensee shall have twenty (20), working days to remove all personal property from the property.

E. If the Licensee continues to occupy the Property after the expiration or termination of this Agreement, holding over will not be considered to operate as a renewal or extension of this Agreement. Licensee hereby waives any and all rights to assert hardship as a defense to any unlawful detainer or similar proceeding by City for possession.

F. Notwithstanding any provision in this Agreement to the contrary or any negotiation, correspondence, course of performance or dealing, or other statements or acts by or between the parties, the Licensee's rights in the Property are limited to the rights created by this Agreement, which create only a license in the Property, which is revocable only as set forth expressly herein. The City and Licensee do not by this instrument intend to create a lease, easement or other real property interest. The Licensee has no real property interest in the Property.

G. This License Agreement is specific to the Licensee and may not be transferred or assigned in any manner, without the prior written approval of the City in its sole and absolute discretion. Additionally, Licensee shall not enter into any "sublicenses" without the prior written approval of City in its sole and absolute discretion.

3. PERMITS AND FEES.

A. Licensee shall secure and maintain, at its own expense, all necessary permits it may be required to obtain and/or hold, and Licensee shall pay for all fees and taxes levied by an authorized public entity.

B. Licensee shall obtain a special event permit from City for each hosted Event that includes participation other than the Girl Scouts of San Gorgonio Council.

4. UTILITIES. Licensee is responsible for obtaining and paying for all utilities necessary for its use of the Property.

5. CONSTRUCTION AND MAINTENANCE.

A. Licensee shall keep the portions of the Property used by it in good, clean and safe condition, free of waste and debris, at all times.

B. The Licensee shall not permit any liens to be placed or remain on the Property by virtue of use or activities under this Agreement.
296
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C. The Licensee is responsible for all maintenance and upkeep of the property.

D. On Site Improvements by Licensee.
a. The Licensee shall not remove, damage or alter in any way any existing improvements or personal property of the City within the Property, or construct any additional improvements, without City's prior written approval in the City's sole and absolute discretion.
b. The Licensee shall promptly repair any damage to City's property to the same condition that existed before the damage, reasonable wear and tear excepted. c. Any alterations, improvements or installation of fixtures to be undertaken by Licensee shall have the p r i o r written consent of City after Licensee has submitted proposed plans for such alterations, improvements or fixtures to City in writing.
d. All alterations and i m p r o v e m e n t s to be made, and fixtures installed, or caused to be made and installed by Licensee shall become the property of City with the exception of trade fixtures as such term is used in section 1019 of the California Civil Code.
e. At or prior to the expiration of this License, Licensee may remove such trade fixtures; provided, however, that such removal does not cause injury or damage to the Premises, or in the event it does, Licensee shall restore the Premises to their original shape and condition as nearly as practicable. In the event such trade fixtures are not removed, City may, at its election, either: (1) remove and store such fixtures and restore the Premises for the account of Licensee, and in such event, Licensee shall within thirty (30) days after billing and accounting therefore reimburse City for the costs so incurred, or (2) take and hold such fixtures as its sole property.

6. SIGNS. Licensee shall not erect, maintain or display any signs or other forms of advertising upon the Premises without first obtaining the written approval of City, which approval shall not be unreasonably withheld.

7. HAZARDOUS MATERIALS. Licensee shall not use, store, transport or release any Hazardous Substance in, on or near the Property. The term "Hazardous Substance"shall mean any and all of the any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.;theResource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. § 2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.;the Insecticide, Fungicide,Rodenticide Act, 7 U.S.C. § 136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. § 6901, et seq.; the Clean Air Act, 42 U.S.C. § 7401,et seq.; the Safe Drinking Water Act, 42 U.S.C. § 300f, et seq.;the Solid Waste Disposal Act,42 U.S.C. §6901,et seq.;the Surface Mining Control and Reclamation Act, 30 U.S.C. § 1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. § 11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§ 297
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655 and 657; the Hazardous Waste Control Act, California Health and Safety Code ("H.&S.C.") § 25100, et seq.; the Hazardous Substance Account Act,H.&S.C. § 25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. § 25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. § 25280, et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. § 25300, et seq.; the Hazardous Waste Management Act, H.&S.C.§25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code § 13000, etseq., all as they may from time to time be amended; any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature; any petroleum, crude oil or any substance, product, waste, or other material of any nature whatsoever which contains gasoline, diesel fuel or other petroleum hydrocarbons other than petroleum and petroleum products contained within regularly operated motor vehicles; and polychlorinated biphenyls (PCB), radon gas, urea formaldehyde, asbestos and lead.

8. INDEMNIFICATION. The Licensee shall indemnify, hold harmless and defend the City and each of its councilmembers, officers, employees, agents and volunteers from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage, including damage byfire or other casualty) incurred by the City, theLicensee or any other person (including attorney's fe.es and litigation expenses), arising or alleged to have arisen directly or indirectly out of: (a) the occupancy, maintenance and use of the Property by Licensee or its contractors, or invitees and/or; (b) the breach or performance of this Agreement by Licensee or its contractors or invitees. The Licensee's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are negligent, but shall not apply to any loss, liability, fines, penalties,forfeitures, costs or damages caused solely by the gross negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers.

Should the Licensee contract any work on the Property or subcontract any of its obligations under this License, the Licensee shall first notify City in writing and shall require each consultant, contractor and subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This requirement shall survive termination or expiration of this Agreement.

9. INSURANCE. Throughout the term of this Agreement, the Licensee shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by the City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
298
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(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as Insurance Services Office (ISO) form CG 00 01 and shall include insurance for "bodily injury" and "property damage", including premises and operation, completed operations and contractual liability (including, without limitation, indemnity obligations under this Lease) with limits of liability of not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury and property damage.
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property.
(iii) WORKERS'COMPENSATION insurance as required under the California Labor Code.
(iv) PROPERTY insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.

In the event the Licensee purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies).

The Licensee shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and the Licensee shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, agents and volunteers; or (ii) the Licensee shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City, its officers, officials, employees, agents or volunteers be responsible for the payment of any deductibles or self-insured retentions.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar day written notice by certified mail, return receipt requested,has been given to the City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non- renewal, or reduction in coverage or in limits, the Licensee shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during this Agreement, the Licensee shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. 299
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The General Liability insurance policy shall be written on an occurrence form and shall name the City and its officers, officials, employees, agents and volunteers as an additional insured.

Such policy(ies) of insurance shall be endorsed so the Licensees' insurance shall be primary, and no contribution shall be required of the City, its officers, officials, employees, agents or volunteers. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. Should the Licensee maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by the Licensee. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to Landlord and its officers, officials, employees, agents and volunteers. The Property insurance policy shall name the City as a loss payee.

Upon request of the City, the Licensee shall immediately furnish the City with a complete copy of any insurance policy required under this License, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.

The fact that insurance is obtained by the Licensee shall not be deemed to release or diminish the liability of the Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City and its officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Licensee. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Licensee, its board members, officers, officials, employees, members, agents, volunteers, persons under the supervision of the Licensee, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

The Licensee and its insurers hereby waive all rights of recovery against the City and its officers, officials, employees, agents and volunteers, on account of injury, loss by or damage to the Licensee or its board members, officers, officials, employees, members, agents, volunteers, persons under the supervision of the Licensee, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them, or its property or the property of others under its care, custody and control. The Licensee shall give notice to its insurers that this waiver of subrogation is contained in this Agreement. This requirement shall survive termination or expiration of this Agreement.

If the Licensee should contract any work on the Property or subcontract any of its obligations under this Agreement. the Licensee shall require each consultant, contractor and subcontractor to provide insurance protection in favor of the City, its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the consultants', contractors' or subcontractors' certificates and endorsements shall be on file with the Licensee and the City prior to the commencement of 300
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any work by the consultant, contractor or subcontractor.

10. DAMAGE OR DESTRUCTION. The City has no obligation to reimburse the Licensee for the loss of or damage to fixtures, equipment or other personal property, except for loss or damage as is caused by the gross negligence or willful misconduct of City or its officers, employees or agents. The Licensee may insure all fixtures, equipment or other personal property for its own protection if it so desires.

11. SURRENDER OF POSSESSION. Upon the expiration or termination of this Agreement, the Licensee's right to occupy the Property and exercise the privileges and rights granted under this Agreement shall cease, and it shall surrender and leave the Property in good condition, normal wear and tear and casualty not caused by Licensee excepted. Upon the expiration or earlier termination of this Agreement, Licensee shall immediately remove all personal property, and if Licensee fails to do so, City may retain or dispose of the same in any manner without liability to Licensee, and Licensee hereby waives all laws and statutes to the contrary.

12. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS.

A. The Licensee represents and warrants to the City that: (i) Licensee and its authorized signatory, have full right, power and authority to execute this Agreement; and (ii) Licensee's execution and performance of this Agreement will not violate any laws, ordinances, covenants, mortgages, licenses or other agreements binding on the Licensee.

B. The Licensee has studied and inspected the Property and accepts the same "AS IS" without any express or implied warranties of any kind (including any warranties or representations by City as to title or its condition or fitness for any use) and subject to all matters of record.

13. NOTICES. Except as otherwise provided, all notices required or permitted to be given under this License must be in writing and addressed to the parties at their respective notice addresses set forth below. Notices must be given by reputable overnight messenger or by frrstclass certified mail, postage prepaid. Notices will be deemed effectively given in the case of mailing, three (3) days following deposit into the custody of the United States Postal Service as certified mail, or one (1) business day after delivery to a reputable overnight 301
8 messenger service for overnight delivery. The notice addresses of the parties are as follows:

If to City:

City of Banning
789 N. San Gorgonio Ave
Banning,California 92220
Attention: Parks and Recreation Director
If to Licensee:

Girl Scouts of San Gorgonio
1751 Plum Lane
Redlands, California 92374
Attention: Properties Department Director

14. SEVERABILITY. If any provision of this Agreement is declared invalid by a court of competent jurisdiction, the remaining terms shall remain effective, provided that elimination of the invalid provision does not materially prejudice either party with regard to its respective rights and obligations;in the event of material prejudice, then the adversely affected party may terminate this Agreement.

15. POSSESSORY INTEREST TAXES. The Licensee acknowledges that this License may create a possessory interest subject to taxation and that the Licensee may be subject to payment of any and all taxes levied on that possessory interest.

16. RULES AND REGULATIONS. The Licensee shall at all times comply with all federal, state and local laws, ordinances,rules and regulations which are applicable to its operations and the Property, including all laws, ordinances, rules and regulations adopted after the Effective Date.

The Licensee shall display to City, upon request, any permits, licenses or other evidence of compliance with the law.

17. RIGHT OF ENTRY RESERVED. The City may, at any time, enter the Property for any lawful purpose, so long as the action does not unreasonably interfere with the Licensee's use or occupancy of the Property. Exercise of any of the foregoing rights by the City or others pursuant to City'srights shall not constitute an eviction of the Licensee, nor be made the grounds for any abatement of rent or any claim for damages.

18. TIME OF ESSENCE. Time is of the essence of every provision hereof in which time is a factor.
302
9 CITY of Banning: Girl Scouts of San Gorgonio Council, a non-profit 501 (c)(3) corporation:

Mayor – Sheri Flynn GSCA CEO – Cynthia H. Breunig
Attest:

Caroline Patton
Administrative City Clerk
Approved as to form:

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney, LLP
303
EXHIBIT "A"

DESCRIPTION OF PROPERTY

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BANNING,

IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

The property, named the Girl Scout house, is located on City owned property in Repplier Park adjacent to the Playhouse Bowl Amphitheater and Repplier Park Aquatic Center. The structure is a 1,350 square foot, single story frame with stucco exterior and composition roof. The GIS coordinates are Latitude 33.931721, Longitude -116.878311. 304
305
306
307
308
309
310
311
312
313
314
315
316
317

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: June 10, 2025
SUBJECT: Consideration of Resolution 2025-85, Approving the Installation of a Stop Sign and Establishing A Multi-Way Stop Controlled Intersection at Highland Springs Avenue and Potrero Boulevard
RECOMMENDATION:

Adopt Resolution 2025-85.

BACKGROUND:

The City of Beaumont received a citizen request for the installation of a stop sign at the intersection of Highland Springs Avenue and Potrero Boulevard. As this location is jurisdictionally shared with the City of Beaumont, any stop sign would require concurrence from the City of Banning. The Banning Municipal Code requires the City Council to pass a resolution where these devices shall be installed.

BMC 10.08.100 - Authority for stop signs and yield signs The City Engineer shall determine, in accordance with the Manual of Uniform Traffic Control Devices and California D.O.T. Traffic Manual whether circumstances warrant and justify installation of stop signs and yield signs, and by resolution, the City Council shall designate through streets, intersections, railroad grade crossings (subject to California Public Utilities Commission approval) at which vehicular traffic shall stop or yield before entering the intersection. The City Engineer shall place and maintain official traffic control devices giving notice thereof and no such designations shall be effective until such devices are in place.

In this case, the City of Beaumont performed a warrant analysis for the intersection, and determined that a single warrant was met. As such, the City of Beaumont is requesting to install a stop sign, limit line, 'STOP' legend, stop ahead sign, and temporary hi -vis flags on the northbound side of Highland Springs Ave at and approaching Potrero Boulevard. Work will be completed by City of Beaumont public works staff.

JUSTIFICATION:

Criteria C3 of the California MUTCD 2014 Edition (Section 2B.07) - Multi-way Stop Application was determined to have been met, allowing for a multi-way stop sign and intersection control to be installed.

FISCAL IMPACT:

None. Work will be completed by City of Beaumont public works staff.

ALTERNATIVES:

Do not adopt the resolution and provide direction to staff. 318
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-85, Potrero Stop.docx

1. Beaumont Multi-Way Stop Assessment HSA-Potrero.pdf
319
Resolution 2025-85

RESOLUTION 2025-85

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

APPROVING THE INSTALLATION OF A STOP SIGN AND ESTABLISHING A MULTI-WAY

STOP CONTROLLED INTERSECTION AT HIGHLAND SPRINGS AVENUE AND POTRERO

BOULEVARD
WHEREAS, a citizen request originating in the City of Beaumont was made to evaluate the installation of a stop sign on Highland Springs Avenue at Potrero Boulevard; and WHEREAS, the City of Beaumont conducted a multi-way stop assessment in accordance with the Manual of Uniform Traffic Control Devices, California Edition 2014 to determine if required warrants were met for the installation; and
WHEREAS, Criteria C3 was met, which would allow for the installation of the stop sign creating a multi-way stop; and
WHEREAS, Banning Municipal Code Section 10.08.100 requires that the City Council, through resolution, shall designate through streets, intersections, railroad grade crossings (subject to California Public Utilities Commission approval) at which vehicular traffic shall stop or yield before entering the intersection.

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

SECTION 1. The City Council approves the installation of a stop sign and establish multi-way stop control at the intersection of Highland Springs Avenue and Potrero Boulevard.

SECTION 2. 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.

PASSED, APPROVED AND ADOPTED this 10th day of June, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
320
Resolution 2025-85

APPROVED AS TO FORM:

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
321
Resolution 2025-85

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-85, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of June, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
322
Date:

Major Street Approaches
Southbound: Eastbound:

Total Volume: Total Volume:
85% Speed: 85% Speed:

Northbound: Westbound:

Total Volume: Total Volume:
85% Speed: 85% Speed:
# of Crashes: 1
Time Major Total Minor Total Time Major Total Minor Total 0:00 - 1:00 665 236 12:00 - 13:00 44 13
1:00 - 2:00 647 207 13:00 - 14:00 18 29
2:00 - 3:00 596 147 14:00 - 15:00 13 87
3:00 - 4:00 606 128 15:00 - 16:00 9 183
4:00 - 5:00 609 88 16:00 - 17:00 15 181
5:00 - 6:00 547 61 17:00 - 18:00 27 185
6:00 - 7:00 480 42 18:00 - 19:00 70 169
7:00 - 8:00 358 16 19:00 - 20:00 212 178
8:00 - 9:00 268 7 20:00 - 21:00 273 206
9:00 - 10:00 162 7 21:00 - 22:00 438 167
10:00 - 11:00 115 4 22:00 - 23:00 531 200
11:00 - 12:00 71 6 23:00 - 0:00 613 198
Warrant Actual Meets?
Criteria A: Interim Measure, where Traffic Signals are warrented Yes No No Criteria B: 5 or more reported crashed in a 12-month period 5 1 No Criteria C1: Average 300 or more VPH for any 8 hour period AND 300 564 Criteria C2: Avg 200 or more units per hour for the same 8 hrs 200 184 Criteria C3: 70% of Warrant if Major 85th-percentile speed is > 40 mph Yes Yes Yes Criteria D: 80% of Criteria B, C.1, & C.2 are satisfied Yes No No Optional Criteria
Optional A: Needed to control left turn conflicts Yes No No Optional B: Needed to control vehicle/ pedestrian conflicts Yes No No Optional C: Limited sight Yes No No
Optional D: Two Neighborhood collector streets Yes No No Warrant Analysis
Collision Data
Analysis of 8-Hour Volume Warrant
3777
42 1478
35 1267
38 Potrero Blvd
4/14/2025
Minor Street Approaches

MEETS CRITERIA
No
44 Highland Springs Ave
Highland Springs Ave Potrero Blvd
3610
California MUTCD 2014 Edition Section 2B.07 Multi-way Stop Application 323

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: June 10, 2025
SUBJECT: Consideration of Resolution 2025-86, Confirming the Levy and Collection of Assessments within the City of Banning’s Landscape Maintenance District No. 1 for Fiscal Year 2025/2026
RECOMMENDATION:

Adopt Resolution 2025-86.

BACKGROUND:

In accordance with the “Landscaping and Lighting Act of 1972” (“1972 Act”) of the Streets and Highways Code, the City Council adopted a resolution on August 14, 1990 ordering the formation of LMD No. 1 (“the District”). An additional five tracts and three tentative tracts were annexed (Annexation No. 1) into LMD No. 1 when the City Council approved Resolution 2005-36 on May 10, 2005. Tract No. 32370 was annexed into the LMD on November 14, 2023 when the City Council approved Annexation No. 2. A map displaying the District and its’ Zones is shown as Attachment 2. On March 25, 2025 the City Council approved Resolution 2025-38, initiating proceedings for the fiscal year update of LMD No. 1 and ordering the City Engineer to prepare and to file a Report in accordance with the 1972 Act. The District, by special benefit assessments, provides funding for the operation and maintenance of certain landscape areas within the City of Banning, all of which were constructed as part of private development projects and all of which are located in the public right-of-way. The 1972 Act requires that assessments be levied according to benefit rather than according to assessed value.

Subsequently, on May 13, 2025, the City Council adopted Resolution 2025-63, approving the Engineer’s Report. If tonight’s Resolution is approved, it will confirm the assessments for the Fiscal Year 2025/2026. The schedule updating LMD No. 1, and the Notice of Public Hearing advertised in the Record Gazette on May 30, 2025 are shown attached herein.

For Fiscal Year 2025/2026, the Engineer’s Report does reflect a Consumer Price Index (CPI) percentage increase of 2.94% on the assessments over the last fiscal year applied only to those tracts annexed into the District in 2005 and 2023, respectively: Tracts 28252, 30793, 31833, 31834, 31835, 30906, and 32370, zones six through eleven. The annual Engineer’s Report approved as part of Resolution 2025-63 lists the Assessment Unit (AU) rates and costs to be levied to the property owners within LMD No. 1 for FY 2025/2026 and a summary is shown herein as Attachment 5.

JUSTIFICATION:

The City Council approved the formation of LMD No. 1 by adopting Resolution No. 1990-59 on August 14, 1990. The adoption of this Resolution will enable the City of Banning to assess the property owners located within the District to provide for the funding required to maintain landscape areas located within 324
the public right-of-way directly benefiting said property owners.

FISCAL IMPACT:

Based on the proposed assessments in the Engineer’s Report, the estimated revenues for Fiscal Year 2025/26 for LMD No. 1 will be approximately $161,443, with the 2.94% CPI increase applied to the existing tracts annexed into the District in 2005 and 2023, respectively: Tracts 28252, 30793, 31833, 31834, 31835 and 30906, Zones six through ten and Tract 32370, Zone 11 of Annexation No. 2. If approved, the annual assessment for a single-family dwelling in Zones six through ten would increase from the current rate of $259.91 to $267.55 and for Zone 11 from $403.95 to $415.83.

The estimated expenses for FY 25/26 are $124,597 (based on FY 2024/2025 actual costs), a surplus of approximately $36,846 for the overall District. It should be noted that each zone within the District has its own fund balance separate from other zones. Attachment 6 identifies funding reserve balances in each zone. Some of the zones (Zones 3,4,5 and 9) do not have sufficient reserves to cover the projected expenses in future years; therefore, a further reduction in maintenance services is imminent to reduce costs.

ALTERNATIVES:

Do not adopt Resolution 2025-86 and provide alternative direction to staff. If this Resolution is not adopted, the City cannot levy the assessment on the property owners within the District and there would be no funds to pay for the operation and maintenance of LMD No. 1.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-86 LMD Assessments.docx

2. Att. 1 LMD No.1 Map of Zones 1 through 11.pdf

3. Att. 2 Schedule for Updating LMD No. 1.pdf

4. Att. 4 LMD No. 1 Tracts, Zones and Assessments for FY 25-26.docx

5. Att. 3 Proof of Publication, 5.30.2025.pdf

6. Att. 5 Zone Funding.docx

7. Att. 6 Reso 2025-38, Initiate Proceedings, 3.25.25.pdf

8. Att. 7 Reso. 2025-63, Approve Engineer's Report, 5.13.25 Meeting.pdf 325
Resolution 2025-86

RESOLUTION 2025-86

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

CONFIRMING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITY OF BANNING’S LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2025/2026, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE
WHEREAS, at its regularly scheduled meeting on March 25, 2025, the City Council of the City of Banning has by its Resolution 2025-38 initiated proceedings for the levy and collection of assessments for the 2025/2026 Fiscal Year for Landscape Maintenance District (LMD) No. 1, pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972,” being Part 2 of Division 15 of the California Streets and Highways Code; and WHEREAS, at its regularly scheduled meeting on May 13, 2025, the City Council adopted its Resolution 2025-63, approving the Engineer’s Report (Report) of the City Engineer and declaring the intention of the City Council to order the levy and collection of assessments to pay for the costs and expenses of maintaining and operating existing and proposed public landscaped areas in the City of Banning for Fiscal Year commencing July 1, 2025 and ending June 30, 2026; and WHEREAS, as stated in the Engineer’s Report dated April of 2025, a 2.94% Consumer Price Index (CPI) increase will only be applied to the existing tracts annexed into the LMD (“the District”) in 2005 (Annexation No.1) and in 2023 (Annexation No. 2); and WHEREAS, after holding a duly noticed Public Hearing on June 10, 2025 to consider public opinion on the matter, the City Council orders the levy and collection of assessments to pay for the costs and expenses of maintaining and servicing existing and proposed public landscaping facilities in the City of Banning for the Fiscal Year commencing July 1, 2025 and ending June 30, 2026.

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

SECTION 1. The above recitals are all true and correct.

SECTION 2. Following notice duly given by publication, the City Council has held a full and fair Public Hearing regarding the levy of the proposed assessment within Landscape Maintenance District No. 1 for the Fiscal Year commencing July 1, 2025 and ending June 30, 2026, to pay for the costs and expenses of maintaining and servicing existing and proposed public landscaping and storm drain facilities installed and constructed within public places in the City of Banning, pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972,” being Part 2 of Division 15 of the California Streets and Highways Code. All interested persons were offered the opportunity to hear and be heard regarding protests and objections to the levy and collection of the proposed assessment against lots or parcels of real property within City of Banning, Landscape Maintenance District No. 1. No objections to the levy and collection of the proposed assessments for the Fiscal Year commencing on July 1, 2025 and ending on June 30, 2026, were received by the City Council.

The boundaries of the District are located in the City of Banning, County of Riverside, and are shown on Exhibit “A” to this Resolution and on the District Location Map in Section 4 of the Report.

SECTION 3. The City Council hereby orders the operation and maintenance of the existing and proposed public landscape facilities installed and constructed in public places in the City of Banning and hereby confirms the diagram and assessment set forth in the Engineer’s Report. 326
Resolution 2025-86

SECTION 4. The assessment is in compliance with the provisions of the “Landscaping and Lighting Act of 1972,” being Part 2 of Division 15 of the California Streets and Highways Code and with any applicable provisions of Proposition 218.

SECTION 5. The assessment is levied without regard to property valuation and is Riverside County Property Tax Fund Number 68-2058-FC (Zone 1), 68-0297-FC through 68-0305-FC (Zones Two through Ten) and 68-2066-FC, Zone 11.

SECTION 6. The assessment is levied for the purpose of paying the costs and expenses of maintaining and servicing existing and proposed public landscaping areas installed and constructed in public places in the City of Banning for the Fiscal Year commencing on July 1, 2025 and ending on June 30, 2026.

SECTION 7. The adoption of Resolution 2025-86 constitutes the levy of an assessment for the Fiscal Year commencing on July 1, 2025 and ending on June 30, 2026.

SECTION 8. The operation, maintenance and servicing of public landscaping facilities shall be performed pursuant to law and the County Assessor/Recorder-Auditor of Riverside County shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessments shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the assessments shall be paid to the City Treasurer.

SECTION 9. The Administrative Services Director shall deposit all monies representing assessments collected by the County to the credit of a special fund known as Improvement Fund, Landscape Maintenance District No. 1.

SECTION 10. The City Clerk is hereby authorized and directed to file the assessment, or a certified copy of the assessment, with the Riverside County, Assessor’s Office, together with a certified copy of Resolution 2025-86 upon its adoption.

SECTION 11. A certified copy of the assessment shall be filed in the Office of the City Clerk, with a duplicate copy on file in the Office of the City Engineer and open for public review.

PASSED, APPROVED AND ADOPTED this 10th day of June, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
327
Resolution 2025-86

APPROVED AS TO FORM:

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
328
Resolution 2025-86

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-86, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of June, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
329
Resolution 2025-86

EXHIBIT A
Landscape Maintenance District No. 1 Map
330
TR 32370
TR 21882
TR 30222 TR 30906
TR 28252
TR 30186
TR 23598
TR 31835
TR 23446
TR 30793
TR 32109
TR 31834
TR 22810
TR 22811
TR 31833
TR 29721
TR 22913
LEGEND
City Boundary
Tracts
Existing Zone
1 2
3 4
5 6
7 8
9 10
11 LMD No. 1 Zones
2025-2026
331
Landscape Maintenance Areas
LMD 1 Zone 1
Riverside Co. GIS, January, 2025

WILSON ST
O
M
A
R
ST

PALM DR

WHITE OAK DR

HOFFER ST

RED BLUFF LN
M

OUNTAIN AVE
FO
O

THILL D
R

GILMAN ST
A

SPEN LN

CATCHEN RD
SUNSET
AVE

CYPRESS
ST
ELM DR
OAK LN
41S
T
S
T
H
OLLY
CT

SUGAR PINE
C
O
IR
REG
ON T
RL

DAWN LN
BILB
E
RRY LN

PINE CIRWILLOW
PL

PEPPER LN

JUNIPER PL

EUCALYPTUS
D
R
ELISA
DAWN
D
R
DYSART
D
R

DAISY LN
G
CT
S
Y
CAM
O
R
E
CT

CHESTNUT LN

CEDAR LN
LEGEND
Zone 1
TR 22810
TR 22811
TR 22913
TR 30186
TR 30222
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone1.mxd; Map Date 16 Apr 2025 0 500 1,000 1,500
Feet

CITY OF BANNING
332
Landscape Maintenance Areas
LMD1 Zone 2
Riverside Co. GIS, January, 2025

WILSON ST

HIGHLAND HO
ME R
D
KING
S

WELL AVE
EVELYN
DR
D
O
R
OTHY
ANNA
DR
D
Y
S
A
R
T
D

HOFFER R
ST

AUTUMN GOLD
RAMSEY
ST

SUMMER CT

FOOTHILL
DR

AUTUMN LN
SPRING
VIEW
DR

FALLING LEAF LN

SPRING CT

CASEY CIR

CORRAL CIR
O
M
A
R
S
T
JA
N
A
N
C
T

WINTERBERRY CT

CORNUCOPIA CT

CHRISTY DR
LE
SLIE C
T

WINTERGREEN CT

WESTERN SUNSET RD
M
A
RLBO
R
O
W
AY
CLAIR
CT

BEVERLY
D
R
GRAND
VIEW
AVE

LORI WAY

CO P PERLEAF LN
G

OLDEN S
K
Y
C
T

PROSPECTOR CIR
MEADOW
WAY
C
ST

CHAPPAREL
WAY
ALDER
C
T
LEGEND
Zone 2
TR 21882
TR 23446
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone2.mxd; Map Date 16 Apr 2025 0 400 800 1,200
Feet

CITY OF BANNING
333
L
andscapeMaintenanceAreas
LMD1Zone3
Riverside Co. GIS, January, 2025
W
I
L
S
O
N
S
T

PEPPER LN

MOUNTAIN AVE
H
O
F
F
E
R
S
T
A
U
TU
M
N
GOLD
C
AT
C
H
E
N
R
D
B
U
N
K
E
R
H
I
L
L
R
D

DOROTHY ANNA DR

DYSART DR
G
E
O
R
G
E
S
T

WINCHESTER DR
S
P
R
I
N
G
C

T FALLING LEAF LN

OMAR ST

FOOTHILL
DR
41ST ST
40TH AVE

WINTERBERRYCT

CORNUCOPIACT

SPRING DR
W
E
S
T
E
R
N
S
U
N
S
E
T
R
D
COM
S
TOCK
RD

KELLOGG DR

ALDER CT
LEGENDZo
ne3
TR29721
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone3.mxd; Map Date 16 Apr 2025 0250500750F
eet

CITYOFBANNING
334
Landscape Maintenance Areas
LMD1 Zone 4
Riverside Co. GIS, January, 2025

WILSON ST
SPRING
VIEW
DR
M
A
RLBO
R
O
W
AY

AUTUMN GOLD

SUMMER CT

WINCHES
TER
D
R

GEORGE ST
AUTUMN
LN

HIGHLAND HO
ME R
D

FALLING LEAF LN
D
O
R
O
THY
A
NNA
DR
O
M
A
R
ST

CATCHEN RD

BUNKER HILL RD

SPRING CT

WINTERBERRY CT

CORNUCOPIA CT

JACINTO VIEW RD

WINTERGREEN CT
SPRING
D
R
D
Y
S
A
R
T
D
R
M

OUNTA NI AVE

WESTERN SUNSET RD

COPPERLEAF LN

KINGSTON RD

COMSTOCK
RD

GOLDRUSH
PL

PRAIRIE
PL

FOOTHILL
DR
G

OLDEN S
KY
C
T
KELLO
G
G
D
R
41S
T
S
T
40TH AVE
ALDER
C
T
LEGEND
Zone 4
TR 32109
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone4.mxd; Map Date 16 Apr 2025 0 250 500 750 1,000
Feet

CITY OF BANNING
335
Landscape Maintenance Areas
LMD1 Zone 5
Riverside Co. GIS,January, 2025

ECLIPSE
DR

WILSON ST

MOONBEAM DR
G
R
O
VE S
T
DAWN
LN

SUNRAY CT
S
TA
R
G
A
ZE WAY
LUNA
R LN
SIM
S
S
T
18TH S
T
19TH S
T
20TH S
T

SUNRISE AVE
HALFM
O
O
N
C
T
S
TA
RLIGHT
C
T

SILVER STAR
DR

SUNVIEW
DR
HARVE
ST M
O
ON LN
LEGEND
Zone 5
TR 23598
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone5.mxd; Map Date 16 Apr 2025 0 250 500 750 1,000
Feet

CITY OF BANNING
336
L
andscapeMaintenanceAreas
LMD1Zone6
Riverside Co. GIS, January, 2025
B
R
YA
N
S
T

DRIFTWOOD CIR

HATHAWAY ST

LISA LN
C
H
A
R
L
E
S
S
T
W
E
S
L
E
Y
S
T
A
D
A
M
S
T
LEGENDZo
ne6
TR28252
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone6.mxd; Map Date 16 Apr 2025 02505007501,000Fe
et

CITYOFBANNING
337
Landscape Maintenance Areas
LMD1 Zone 7
Riverside Co. GIS,January, 2025

WILSON ST

PALM DR

HIGHLAND HO
ME R
D

HOFFER ST

DOROTHY
ANNA
D
R

CATCHEN RD

RED BLUFF LN

GILMAN ST

ELSIE LEE CIR
M

OUNTAIN AVE

TERRY LEE CIR
O
M
A
R
ST
SPRING
D
R

FALLING LEAF LN
ELM DR

WINTERGREEN CT CORNUCOPIA CT
DYSART
DR

WESTERN SUNSET RD

PEPPER LN
41S
T
S
T
ELISA
DAWN
DR

FOOTHILL
D
R

MERIDIAN AVE

CEDAR LN
LEGEND
Zone 7
TR 30793
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone7.mxd; Map Date 16 Apr 2025 0 250 500 750 1,000
Feet

CITY OF BANNING
338
L
andscapeMaintenanceAreas
LMD1Zone8
Riverside Co. GIS, January, 2025
B
R
YA
N
S
T
C
H
A
R
L
E
S
S
T

HATHAWAY ST
V
I
C
T
O
R
Y
AV
E

DRIFTWOOD CIR

HARGRAVE ST

JUAREZ ST

HERMOSA AVE

LISA LN

CALDERON WAY
A
D
A
M
S
T
B
R
YA
N
S
T
C
H
A
R
L
E
S
S
T

HATHAWAY ST
V
I
C
T
O
R
Y
AV
E

DRIFTWOOD CIR

HARGRAVE ST

LISA LN
A
D
A
M
S
T
LEGENDZo
ne8
TR31834
TR31833
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone8.mxd; Map Date 16 Apr 2025 02505007501,000Fe
et

CITYOFBANNING
339
L
andscapeMaintenanceAreas
LMD1Zone9
Riverside Co. GIS, January, 2025
C
H
A
R
L
E
S
V
I
C
T
O
R
Y
AV
E

HARGRAVE ST

HERMOSA AVE

CALDERON WAY
LEGENDZo
ne9
TR31835
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone9.mxd; Map Date 16 Apr 2025 02505007501,000Fe
et

CITYOFBANNING
340
L
andscapeMaintenanceAreas
LMD1Zone10
Riverside Co. GIS, January, 2025
R
E
D
B
L
U
F
F
L
N

DYSART DR

CYPRESS
ST

MOUNTAIN AVE
G
I
L
M
A
N
S
T

PEPPER LN

FOOTHILL DR
O
A
K
L
N
F
R
A
S
E
R
P
L
E
V
E
R
G
R
E
E
N
L
N

MAGNOLIA PL

MERIDIAN AVE

BILBERRY LN

PINE CIR

WILLOW PL

EUCALYPTUS DR
D
A
I
S
Y
L
N

SYCAMORE CT
WOODLN
G
C
T
C
H
E
S
T
N
U
T
L
N
C
E
D
A
R
L
N
LEGENDZo
ne10
TR30906
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone10.mxd; Map Date 16 Apr 2025 04008001,200Fe
et

CITYOFBANNING
341
L
andscapeMaintenanceAreas
LMD1Zone11
Riverside Co. GIS, January, 2025
PA
L
M
D
R
M
R
E
D
B
L
U
F
F
L
N

OUNTAIN AVE
GIL
MAN

ST TERRY LEE CIR

CYPRESS
ST

BILBERRY LN

FOOTHILL DR

WILLOW PL

PINE CIR
O
A
K
L
N

PEPPER LN
DYSART
DR
ELISA
DAWN
DR

SYCAMORE CT
C
H
E
S
T
N
U
T
L
N
C
E
D
A
R
L
N
LEGENDZo
ne11
TR32370
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone11.mxd; Map Date 16 Apr 2025 04008001,200Fe
et

CITYOFBANNING
342
Resolution No. 2025-XX
ATTACHMENT 3
(Schedule for Updating Landscape Maintenance District No. 1) Item Council Meeting
Resolution Initiating Update March 25, 2025
Resolution of Intention (Approving Engineer’s
Report)
May 13, 2025
Resolution Confirming Assessment (Public
Hearing)
June 10, 2025
343
Resolution No. 2025-XX
ATTACHMENT 5
Landscape Maintenance District No. 1 Tracts/Zones and Assessments for Fiscal Year 2025/2026
Tract No. No. of AU Zone
Proposed Cost/AU
(FY 2025/26)
22810 43 1 $108.90
22811 39 1 $108.90
22913 9 1 $108.90
30186 107 1 $108.90
30222 121 1 $108.90
21882 134 2 $113.31
23446 138 2 $113.31
29721 21 3 $113.31
32109 38 4 $113.31
23598 97 5 $98.91
28252 70 6 $267.55
30793 43 7 $267.55
31833 17 8 $267.55
31834 18 8 $267.55
31835 33 9 $267.55
30906* 87 10 $267.55
32370 19 11 $415.83
Total 1,034 $161,443.15
AU= Assessment Unit
CPI of 2.94% applied to 2005 Annexation No. 1 and 2023 Annexation No. 2 Tracts only, Zones 6 -11.
*Tract No. 30906 has a total of 303 AU; therefore, a total of 216 remain. 344
2 0250514_LMDPublicHearing6/10/25-Page2of2
345
Resolution No. 2025-XX
ATTACHMENT 6

PROJECTED ZONE RESERVE BALANCES
Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8 Zone 9 Zone 10 Zone 11 25/26
Reserve
Balance
Available
$16,800.94 $36,779.15 $3,164.30 $4,867.49 $9,645.35 $29,614.90 $19,537.06 $10,964.03 $7,858.40 $35,021.88 $12,545.33 25/26
Total
Costs
$25,328.37 $28,724.67 $2,825.45 $5,281.01 $10,749.77 $9,024.72 $3,948.80 $6,139.89 $11,826.17 $16,296.39 $4,451.84 25/26
Total
Revenue
$34,739.10 $30,820.32 $2,379.51 $4,305.78 $9,594.27 $18,728.50 $11,504.65 $9,364.25 $8,829.15 $23,276.85 $7,900.77 25/26
Rev. –
Expenses
(Costs)
$9,410.73 $2,095.65 ($445.94) ($975.23) ($1,555.50) $9,703.78 $7,555.85 $3,224.36 ($2,997.02) $6,980.46 $3,448.93 26/27
Reserve
Balance
$26,211.67 $38,874.80 $2,718.36 $3,892.26 $8,489.85 $39,318.68 $27,092.91 $14,188.39 $4,861.38 $42,002.34 $15,994.26 346

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: March 25, 2025
SUBJECT: Consideration of Resolution 2025-38, Initiating Proceedings to Update Landscape Maintenance District No. 1 for Fiscal Year 2025/2026 RECOMMENDATION:

Adopt Resolution 2025-38.

BACKGROUND:

In accordance with the “Landscaping and Lighting Act of 1972” (“1972 Act”) of the Streets and Highways Code, the City Council adopted a resolution on August 14, 1990, ordering the formation of Landscape Maintenance District (LMD) No. 1, (“the District”) the boundaries of which are shown in Attachment “2.” An additional five tracts and three tentative tracts were annexed (Annexation No. 1) into LMD No. 1 when the City Council approved Resolution No. 2005-36 on May 10, 2005. Tract No. 37320 then joined LMD No. 1 on November 14, 2023 when the City Council approved Resolution No. 2023-177, as Annexation No. 2. The District, by special benefit assessments, provides funding for the servicing and maintenance of certain landscape areas within the City of Banning, all of which are located in the public right-of-way. The 1972 Act requires that assessments are to be levied according to benefit rather than according to assessed value. Adopting this resolution will initiate the proceedings to update the District for Fiscal Year 2025/2026. A tentative schedule for updating the District, as required by the “Landscaping and Lighting Act of 1972,” is attached hereto as Attachment “3” for your information.

On February 11, 2025 an update of LMD No. 1 was presented to the City Council, along with options to consider in ensuring the budget within each Zone stays within its’ means, which includes required budget cuts. The staff report and presentation are attached as Attachment “4” and the options for the Council’s consideration were listed and explained. The direction from the City Council was to research the prospect of removing Richard Sanchez Park from Zone 1 and assigning its operation and maintenance to the Parks Department. Currently, the City Attorney’s Office and Engineering Division staff are researching the process to deannex Richard Sanchez Park from the LMD and if feasible, it can be removed from the District when the Engineer’s Report for FY 25/26 is brought forward for consideration at the May 13, 2025 City Council meeting.

Additionally, the City Council requested that staff look at the possibility of removing the horse vinyl fencing from the trails within LMD No. 1. The fencing is often vandalized, leading to thousands of dollars of required repairs each year and it appears it is not used as an equestrian trail, as intended.

JUSTIFICATION:

The City Council approved the formation of LMD No. 1 by adopting Resolution No. 1990-59 on August 14, 1990. The adoption of Resolution 2025-38 will enable the City Engineer to prepare the assessments 347
for Fiscal Year 2025/2026.

FISCAL IMPACT:

None. A detailed estimate will be prepared and forwarded with the Engineer’s Report which will be bought before the City Council on May 13, 2025.

ALTERNATIVES:

Do not approve Resolution 2025-38 and provide alternative direction to staff. If this Resolution is not approved, then the assessment of properties within LMD No. 1 for FY 25/26 will not occur, leaving no revenues for the FY 25/26 budget.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-38, LMD Proceedings.docx

2. LMD No.1 Map of Zones 1 thru 11 Combined.pdf

3. Tentative Schedule for Updating LMD No. 1.pdf

4. February 11, 2025 LMD No. 1 Options Agenda Packet.pdf 348

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: May 13, 2025
SUBJECT: Consideration of Resolution 2025-63, Declaring the Intention to Levy and Collect Assessments for Fiscal Year 2025/2026, Approving the Engineer’s Report and Setting the Date for the Public Hearing for Landscape Maintenance District No. 1
RECOMMENDATION:

Adopt Resolution 2025-63.

BACKGROUND:

LMD No. 1 in the City of Banning was established through the adoption of Resolution 1990-59 on August 14, 1990 (9 tracts), with another, Tract No. 22913, being annexed into the District in 1992. An additional five tracts and three tentative tracts were annexed into LMD No. 1 (Annexation No. 1) when the City Council approved Resolution 2005-36 on May 10, 2005. Annexation No. 2, adding Tract No. 32370, occurred on November 14, 2023 when the City Council approved Resolution No. 2023-177. There are currently eleven (11) Zones and 1,034 assessment units (i.e. properties) in LMD No. 1. A map displaying the District and its’ Zones is shown as Attachment 2. On March 25, 2025 the City Council approved Resolution No. 2025-38, initiating proceedings for the fiscal year update of LMD No.1.

LMD No. 1 provides a mechanism for the operation and maintenance of landscape medians and parkways, perimeter strips, landscaped hillsides with high visibility, side slopes adjacent to sidewalks and retention basins annexed into it. LMD No. 1 funds expenses (e.g. utility costs, landscape maintenance contractor, etc.) by revenues collected from the special benefit assessments paid for by each property owner within LMD No. 1. The District, by special benefit assessments, provides funding for the operation and maintenance of certain landscape areas within the City of Banning, all of which were constructed as part of private development projects and all of which are located in the public right-of-way. The 1972 Act requires that assessments are to be levied according to benefit rather than according to assessed value.

Adoption of this Resolution 2025-XX will accomplish three goals for the fiscal year update and renewal of LMD No. 1. First, it provides the resolution of intention to levy and collect assessments; second, it permits the City Council to review and approve the Annual Engineer’s Report; and third, it sets the date and time for a public hearing. Subsequent to the approval of this Resolution, the City Council will be requested to confirm the assessments for Fiscal Year 2025/2026.

The Engineer’s Report, which provides background on the proposed Assessments, is on file with the City Clerk and is shown as Attachment 3. Upon approval of this resolution, the public hearing will be held at the regularly scheduled City Council meeting on June 10, 2025, at 5:00 p.m., as shown in the attached schedule, Attachment 4. A detailed list of tracts in LMD No. 1 and their respective assessments is 349
shown as Attachment 5.

For Fiscal Year 2025/2026, the Engineer’s Report does reflect a Consumer Price Index (CPI) percentage increase of 2.94% on the assessments over the last fiscal year applied only to those tracts annexed into LMD No.1 (currently six built tracts) in 2005 and 2023 (Tract 32370), at which time, those property owners authorized the CPI adjustment.

The annual assessments may be increased without further notice or public hearing by a percentage equal to the increase in the CPI for all Urban Consumers in the Riverside-San Bernardino-Ontario, CA area, published by the United States Department of Labor, Bureau of Labor Statistics during the preceding calendar year, provided however, that any such increase shall not exceed five percent (5%) per fiscal year.

Due to the revenue shortfall and the lack of funding for replacement projects, the Public Works Department prepared a Request for Proposals in December of 2018 with the intention to hire a consultant with expertise in the Proposition (Prop) 218 process and assessment districts to determine the proper zones and assessment amounts for each tract and the basis of assessments; assist in holding a Prop 218 balloting proceeding and public hearing; determine the estimated budget for the next 20 years; prepare necessary reports; and perform community outreach. In essence, a complete overhaul of LMD No. 1 was to be explored, including the potential restructuring of the Zones and assessments.

A professional services contract was awarded to Webb Municipal Finance, LLC at the April 9, 2019 City Council meeting. They analyzed the existing LMD No. 1 structure, prepared a financial analysis, and determined the proper zones and assessment amounts for each tract in order to assure the LMD No.1 is operated with a balanced budget. On January 14, 2020, the City Council approved the Financial Analysis, Redevelopment, and Proposition 218 Report (“Financial Report”) prepared by Webb Municipal Finance, LLC. The consultant prepared a detailed analysis and budget for all the existing tracts within LMD No. 1 and recommended that it be rezoned in a manner that allows each tract to pay only for benefits that it is receiving. Thus, ten (10) new Zones were developed to better reflect each tract’s unique expenses and revenues and benefits bestowed to its’ property owners residing within the Zone, as shown in Attachment 2, the LMD No.1 map. Zone No. 11 was annexed into the LMD No. 1 on November 14, 2023, and is comprised of Tract No. 32370, known as Canterbury.

Additionally, the Financial Report analyzed the LMD No. 1 budget and recommended changes including some increases to the Assessment Units to ensure revenues were sufficient to support the rising expenditures. A Prop 218 hearing was recommended in the Financial Report to change the Assessments needed to balance the budget. Webb Municipal Finance, LLC prepared a “Proposition 218” Engineer’s Report that presented the new escalated Assessment Unit rates for each Zone reflected on the Proposition 218 notice and ballot for each Zone. A Prop 218 public hearing was held on December 8, 2020 with the results tabulated showing a “No” vote for each of the ten Zones. Thus, the Assessment Unit rate remained unchanged, equal to the rate in the Annual Engineer’s Report recommended to be approved as part of this resolution, with no increases despite rising costs. The exception are Zones six through ten whose tracts were annexed into LMD No.1 in 2005, at which time, those property owners authorized the annual CPI adjustment.

Since the Prop 218 public hearing held on December 8, 2020, certain operational adjustments (i.e. maintenance contract scope reduction and reduction in watering) have been made to reduce costs.

Beginning this FY 25/26, the Parks Department will maintain Richard Sanchez Park and trail since the general benefit to the public outweighs the special benefit bestowed to the residents within Zone 1. The Park and trail are deemed to provide a citywide benefit and thus will be maintained by the City. Zone 1 has an operational deficit that will be cured with the removal of the Park and trail. At the March 25, 2025 City Council meeting, the Council requested that the vinyl fencing along the equestrian trail in Zone 9 be removed as it is often vandalized. Due to the lack of use of its intended purpose and costly repairs due to vandalism, the vinyl fence portion of the equestrian trail shall be physically removed and deleted from 350
future maintenance obligations. Zone 9 has a deficit of about $3,000 in FY 24/25, removing this fencing will save funds that were previously spent on repairs.

The Annual Engineer’s Report requested to be approved as part of Resolution 2025-XX lists the Assessment Unit (AU) rates and costs to be levied to the property owners within LMD No. 1 for FY 2025/2026.

After the landscape maintenance contract for the LMD is finalized for FY25/26, City staff can begin to evaluate the fiscal health in each zone. If the zones have positive revenues, then City staff can plan for improvement projects, grow reserve balances for improvement projects, or increase the maintenance level of services within the zone budgets.

JUSTIFICATION:

The City Council approved the formation of Landscape Maintenance District (LMD) No. 1 by adopting Resolution No. 1990-59 on August 14, 1990. The adoption of this Resolution will enable the assessments to be collected from the property owners located within LMD No. 1 to provide for the funding required to maintain landscape areas located within the public right-of-way directly benefiting said property owners.

FISCAL IMPACT:

Based on the proposed assessments in the Engineer’s Report, the estimated revenues for Fiscal Year 2025/2026 for LMD No. 1 will be approximately $161,443.15, with the 2.94% CPI increase applied to the existing tracts annexed into LMD No. 1 in 2005 and 2023, respectively: Tracts 28252, 30793, 31833, 31834, 31835 and 30906, Zones six through ten and Tract 32370, Zone 11 of Annexation No. 2. If approved, the annual assessment for a single-family dwelling in Zones six through ten would increase from the current rate of $259.91 to $267.55 and in Zone 11, from $403.95 to $415.83.

The estimated expenses for FY 25/26 are $124,597.08 (based on FY 2024/2025 actual costs), a surplus of approximately $36,846.07 for the overall District.

City staff worked to reduce the administrative costs that were assessed to the LMD in previous years to reduce the overall financial burden on each of the zones. This benefited the individual zones, freeing up revenues collected to rebuild diminished reserves, and to allow for future improvement projects in some zones.

Attachment 6 identifies funding reserve balances in each zone. Some of the zones (Zones 3,4, 5 and 9) do not have sufficient reserves to cover the projected expenses in future years; therefore, a further reduction in maintenance services is imminent to reduce costs.

ALTERNATIVES:

Do not adopt Resolution 2025-63 and provide alternative direction to staff. If this Resolution is not approved, the City cannot levy the assessment on the property owners with the District and there would be no funds to pay for the operation and maintenance of LMD No. 1.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-63, LMD No 1 Engineers.docx

2. Att. 1 LMD No.1 Map of Zones 1 through 11.pdf

3. Att. 2 Engineer's Report FY 2025 2026 (unsigned).pdf

4. Att. 3- Tentative Schedule for Updating LMD No. 1.pdf 351

5. Att. 4 LMD No. 1 Tracts, Zones and Assessments for FY 25-26.pdf

6. Att. 5 Zone Funding.pdf

7. Att. 6 Reso. 2025-38, 3.25.25 CC Meeting.pdf
352

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk Marisol Lopez, Economic Development Manager
MEETING DATE: June 10, 2025
SUBJECT: Consideration of Introduction and First Reading of Ordinance 1608, Amending Chapter 5.40 of the Banning Municipal Code Concerning Film Permits and Regulations
RECOMMENDATION:

Introduce and conduct first reading of Ordinance 1608.

BACKGROUND:

The City of Banning has an existing film ordinance which hadn’t been updated since 1965; it was therefore necessary to update and modify the ordinance to reflect the latest changes in the industry which include the rise of streaming services, the impact of technology such as drones, the internet and social media.

In December 2024, city staff reached out to the California Film Commission to review the draft ordinance.

On January 15, 2025, the Film Commission responded with comments and suggestions (attached). Staff have reviewed these comments and incorporated many of them into the final draft ordinance.

JUSTIFICATION:

As the internet and social media have made it possible to produce and consume content from anywhere in the world, the City of Banning is not only updating its ordinance to reflect the changes in the entertainment industry but will work to create a strategic plan that will attract content producers from traditional mainstream production companies to direct streaming companies.

Agencies that include the California Film Commission, the Inland Empire Film Services, and various industry professionals provided insight to the revised ordinance as we look to streamline the film permitting process, in addition insurance requirement changes have been modified to reflect the current environment and designated coverage.

FISCAL IMPACT:

The fiscal impact of the proposed ordinance update will cover areas of production that are not currently covered in the existing ordinance circa 1965 but addresses the ability to capture additional revenues through permitting newly integrated technologies and methods for film production that have been introduced over the past 60 years. The City’s ability to streamline the permitting process will certainly add a competitive edge to attracting new production and will lay the foundation for the implementation of a successful strategic marketing plan.

ALTERNATIVES:
353
Do not introduce the Ordinance and provide staff alternate direction.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Ordinance No. 1608, Film Ordinance

2. 2025 01 15_Film Commission Comments.pdf

3. Affidavit of Pre-Adoption Summary Publishing
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Ordinance 1608

ORDINANCE 1608

AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA, AMENDING CHAPTER 5.40 OF THE BANNING MUNICIPAL CODE CONCERNING FILM

PERMITS AND REGULATIONS
The City Council of the City of Banning does hereby ordain as follows:

SECTION 1. Findings and Purpose.

A. The Uniform Film Permit Act (Gov. Code, § 1499.20 et seq.) authorizes cities and counties to adopt ordinances or other regulations governing the issuance of film permits to engage in the use of property for occasional commercial filming.

B. Section 14999.21(b) of the Uniform Film Act provides that at least 30 days prior to an amendment to the written filming policy of a local government, the local government shall submit a draft of the amendment to the Executive Director of the California Film Commission (“Commission”). The Commission must review drafts submitted to it and report its findings to the local government within five working days of receipt of the draft. The local legislative body must consider the Commission’s findings prior to final adoption of the amendment, unless the Commission’s findings are not available within the above prescribed time limits. Any and all findings made by the Commission are advisory to local government.

C. On December 13, 2024, the City submitted a copy of the proposed draft amendments to Chapter 5.40 (“Motion Picture, Television and Photographic Production Permits”) of Title 5 (“Business Licenses and Regulations”) of the Banning Municipal Code (“BMC”) to the office of Colleen Bell, Executive Director of the California Film Commission.

D. By letter dated January 15, 2025, the Commission submitted advisory findings to the City on the proposed amendments to BMC Chapter 5.40, which the City Council considered prior to adoption of this Ordinance.

E. Section 14999.21(b) of the Uniform Film Act provides that each local government must provide the Commission with a copy of its adopted filming amendments.

SECTION 2. Chapter 5.40 of Title 5 of the Banning Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 5.40 - MOTION PICTURE, TELEVISION, AND PHOTOGRAPHIC PRODUCTION

PERMITS

5.40.010 - Title.

This chapter shall be known as the “Motion Pictures, Television and Photographic Production Ordinance” of the City of Banning.

5.40.020 - Purpose and intent.

This chapter establishes administrative rules and regulations for the review and issuance of filming permits involving motion picture, television, and photographic production in the city. The 355
Ordinance 1608

intent of this chapter is to facilitate and regulate the time, place, and manner of such filming activity while protecting the residents and property owners from the adverse impacts of filming activities.

5.40.030 - Definitions.

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City film permit. A permit issued by the city to allow the activities associated with filming activity, including the production, filming or videotaping of motion picture and television shows, programs, commercials and still photography.

City film permit coordinator. The director of community and economic development, or their designee.

Filming activity. All activity attendant to staging or shooting commercial motion pictures, television shows or programs, long form web-based media, commercials and the taking of single or multiple photographs for sale or commercial use involving a cast and crew of ten or more individuals where the photographer sets up stationary equipment in any one location for longer than five consecutive minutes. Filming activity also includes filming of commercial radio station promotional events. Filming activities include the following definitions:

A. Motion pictures. Audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.

B. Television Shows. A series of episodes aired on television or an app-based streaming service, typically following a specific storyline or theme for broadcast or syndication.

Television for the purposes of this chapter means an electronic system of transmitting transient images of fixed or moving objects together with sound over a wire or through space by apparatus that converts light and sound into electrical waves and reconverts them into visible light rays and audible sound
C. Programs. A presentation or item on television, radio, or an app-based streaming service, especially one broadcast airing regularly between stated times (i.e. nature program). Radio for the purposes of this chapter means the use of electromagnetic waves for the wireless transmission of electric impulses into which sound is converted.

D. Commercials. An advertisement played on television, radio, or an app-based streaming service.

E. Still photography. A photograph that is not a video, movie, or moving image.

Filming location. Filming location means the actual property or properties that any filming activity for commercial motion picture or still photographic production is performed.

News media. The photographing, filming or videotaping for the purpose of spontaneous, unplanned reporting of news events concerning those persons, scenes or occurrences which are in the news and of public interest by reporters, photographers or camera operator in the employ of a newspaper, television station, news service, or similar entity. 356
Ordinance 1608

Preparation. Preparation (“prep”) means workdays preceding filming activities. These activities may include set construction, or dressing, painting, landscaping or rigging for stunts and special effects.

Private production. The filming or videotaping of motion pictures or taking of still photographs solely for private use.

Wrap/Strike (Project completion). The work at a filming location that includes the removal of equipment at the end of filming activities. These activities may include, but are not limited to, set removal, re-painting, re-landscaping, and unrigging from stunts and special effects.

Studio filming. A legally established commercial motion picture, television show, commercials, programs, or still photography place of business where filming activity, whether motion pictures, television shows, commercials, programs, or still photography, are regularly conducted inside a studio or on a stage located on the premises.

Student films. Motion pictures, television shows, or still photography that are produced to satisfy a course or curriculum requirement at an educational institution are student films. The student film maker must supply proof that they are currently enrolled in an educational institution.

Proof may include documentation from an educational institution that indicates the student is covered by their liability insurance, and given permission to film a project beyond the boundaries of the campus.

5.40.040 - Permit required.

No person shall use any public or private property, building, facility, or residence for the purpose of filming activity, including producing or making motion pictures, television shows, programs, commercials, or still photography without first receiving a city film permit from the city film permit coordinator pursuant to the provisions of this chapter.

5.40.050 - Permit exemptions.

The provisions of this chapter shall not apply to the following:

A. News media;
B. Private production; and
C. Studio filming.

5.40.060 - Permit application.

An applicant must provide the following information:

A. Full legal name of applicant;
B. Business or educational institution name of applicant (if different); C. Business or educational institution address of applicant; D. Telephone number of applicant;
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Ordinance 1608

E. Location(s) of proposed filming or taping;
F. Date(s) and time(s) of proposed filming or taping;
G. Lists which include the approximate number of cast, crew, and production vehicles; H. Services of city employees desired or required on location during filming; I. A brief description of the type of production to be made; J. Name of person in charge on location;
K. Such other information that includes impacts to the community at or around the filming location including but not limited to traffic control, use of public sidewalks, noise disturbances, use of pyrotechnics, large crowd scenes, etc.; and L. A statement acknowledging that the applicant shall have a copy of its permit on site at all times during filming.

5.40.070 - Permit applications and issuance.

A. City film permit application. Any person desiring a city film permit under the provisions of this chapter shall submit to the city film permit coordinator the following:

1. A complete application for a city film permit on a form provided by the city. The form must be signed by the applicant and accompanied by all required fees, deposits, indemnification agreement, and the insurance certificate required by this chapter and the city’s administrative rules and regulations before the city film permit coordinator may process the city film permit application. An applicant must submit a complete application, in person, at least two working days prior to the date of the filming activity for which the permit is required. If such activity interferes with traffic, including road closures, or involves potential public safety hazards, such as stunts, pyrotechnics or special effects, the applicant shall submit the application at least five working days prior to the date of the filming activity for which the permit is required.

2. Notification of all businesses and residents within 200 feet of the filming activity is suggested.
a. An applicant will be required to submit a city film permit request at least two working days prior to the date on which such person desires to conduct filming activity for which a permit is required, unless closure of a public street is involved in which case minimum notification time shall be one week.

3. City film permit fee as established by city council resolution and other applicable deposits as described in Section 5.40.080.

4. Evidence of insurance as required in Section 5.40.140.

5. A fully executed indemnification agreement, on a form approved by the city attorney, as required in Section 5.40.140.
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Ordinance 1608

6. If determined to be necessary by the city film permit coordinator, written evidence of permits and/or conditions with other public agencies as may be required upon submission of an application for a city film permit. The requirements of these responsible agencies shall be the requirements of this permit. Examples of such agencies include, without limitation, the state highway patrol, the county sheriff’s department, the Federal Aviation Administration, city fire protection district, and the bureau of land management.

7. Any other information as required by the city’s administrative rules and regulations.

8. An applicant shall obtain the property owner’s permission, consent, and/or lease for use of property.

B. City film permit issuance.

1. The city film permit coordinator shall be responsible for the issuance of city film permits under this chapter, when, from a consideration of the application and from such other information as may be otherwise obtained, they find that:
a. The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety and that no streets will be completely closed to traffic for an unreasonable period of time;
b. The conduct of such activity will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel not reimbursed in advance by the applicant; and
c. At the determination of the city’s public works department, the city police department, the city fire protection district, and the city engineer, as required, that the condition of such activity will not constitute a fire hazard or any other type of hazard and all proper safety precautions will be taken as determined by the department’s director, or their designee.

2. The city film permit coordinator may impose any conditions found necessary to protect the public’s health, safety, and welfare. The permittee shall comply with any conditions or restrictions the city may impose as a condition to issue a city film permit. No changes to such conditions shall be made without first obtaining the city film permit coordinator’s prior written approval. Failure to comply with the terms and conditions of a city film permit shall be grounds for permit revocation by the city film permit coordinator.

3. Following issuance of a city film permit, the permittee must notify residents within a two hundred-foot radius of the location of the proposed filming activity by distributing a fully completed filming location notification form, including the production company’s contact information, at least forty-eight hours prior to the first day of filming activity. Residential notification is not required for still photographic productions with cast and crew of less than ten people. An extended radius of five-hundred feet for any major special effects, stunts or pyrotechnics will be required.
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Ordinance 1608

4. The decision of the city film permit coordinator to issue, conditionally issue, or not issue a city film permit shall be final unless appealed pursuant to Section 5.40.160.

5. A film permit shall be issued for the number of days requested.

6. An applicant shall comply with all conditions or restrictions of the permit.

5.40.080 - Permit fees and deposits; costs.

Each application for a city film permit shall be accompanied by:

A. A security deposit, in an amount established by city council resolution, to ensure cleanup and restoration of the site of the filming activity. The deposit, in full or part thereof, may be returned to the permittee upon completion of filming activity and inspection of the site by the city.

B. A city film permit fee in an amount established by resolution of the city council to reimburse the city for staff time required to evaluate the application and establish conditions of approval and to monitor the filming activity.

C. The city film permit fee and the security deposit shall not apply to or affect:

1. City produced or city-sponsored government or educational access productions;

2. Student films; and

3. Productions by charitable organizations that have been issued 501(c)(3) status by the Internal Revenue Service and are in good standing.

D. If deemed necessary by the city film permit coordinator, additional police personnel, code enforcement personnel, a film monitor and/or other city services shall be provided for the purpose of protecting, assisting, and regulating the proposed filming activity, at a cost billed to the permittee. The cost of providing such additional services shall be paid in advance to the city by the permittee. Should the filming surpass the permitted time, with approval of an officer, the permittee will be billed for overages for the city personnel’s time. Additional city services will be provided and coordinated through the city film permit coordinator.

E. A permittee shall conduct operations including preparation and project completion in a time frame as agreed by the city and permittee. The area used shall be cleaned of trash and debris upon completion of shooting at the scene and restored to the original condition before leaving the site. The city may require a faithful performance bond or refundable security deposit to ensure cleanup and restoration of the site after inspection. The bond or security deposit shall be returned to the applicant within thirty days.

5.40.090- Public right-of-way.

Temporary “NO PARKING” signs shall be posted by the city., All parking of equipment or cars on public streets, stringing cable on sidewalks or from generator to service point, sidewalk shots, 360
Ordinance 1608

driving scenes shall require signage indicating such activities are taking place and shall be posted by the city.

5.40.100 - Traffic control.

For filming that would impair traffic flow, a permittee shall coordinate traffic control with the police department and, if deemed necessary by the city film permit coordinator, the California Highway Patrol and/or county sheriff, and shall comply with all traffic control requirements deemed necessary by the city permit film coordinator.

A. The permittee shall furnish and install advance warning signs and any other traffic control devices in conformance with the Manual of Traffic Control, State of California, Department of Transportation, and take all appropriate safety precautions.

B. Traffic may be restricted or stopped intermittently upon the city’s authorization and under the city’s direction.

C. The permittee shall not detour traffic across a road with double lines without the city’s prior approval.

D. Unless otherwise authorized by the city, the permittee shall not drive camera cars (or cause camera cars to be driven) against the flow of oncoming traffic and shall observe all traffic laws.

E. Any emergency road work or construction by city, county crews, and/or private contractors, under permit or contract to the city shall have priority over filming activities.

5.40.110 - Special restrictions.

The permittee shall perform all external filming activities between the hours of 10:00 P.M. and 6:00 A.M. without undue noise and nuisance, unless otherwise approved by the city film permit coordinator with sufficient notice informing residents of the filming activity. Production companies will be mandated to comply with any relevant state/local law or regulations related to vehicles, road closures, and/or traffic.

5.40.120 - Administrative rules and regulations.

The city film permit coordinator is authorized and directed to promulgate administrative rules and regulations, subject to approval by resolution of the city council, governing the time, place and manner of any filming activity, included in this chapter, within the city. The administrative rules and regulations shall be based upon the criteria set forth in this chapter.

5.40.130 - Insurance and liability.

All applicants for a city film permit shall submit the following with a completed application for a city film permit:

A. Liability insurance. If filming activity will be conducted on public property, a certificate of insurance shall be submitted to the city film permit coordinator evidencing the following:
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Ordinance 1608

1. General liability with limits no less than as stipulated by the city;

2. Auto liability with limits no less than as stipulated by the city;

3. Workers’ compensation coverage as required by law; and

4. Employer’s liability with limits no less than as stipulated by the city.

The general liability and auto liability policies shall name the city, its officers, employees, agents, and volunteers as additional insured to protect the city against any liability, or claims of liability related to or resulting from film production in the city. Such policies shall be provided by an insured permitted to do business in the state with an AM Best rating of at least A:VII or a Standard & Poor’s Rating (if rated) of at least BBB, unless specific approval for a lower rating has been granted by the City. The certificate shall not be subject to cancellation or modification until after thirty days’ written notice to the city. Such insurance shall be evidenced by the standard general liability special endorsement form mandated by the state film commission, which will remain on file with the city’s risk manager. When filming in a flood control channel, the Riverside Flood Control and Water Conservation District shall be named as an additional insured. The certificate Holder must be the “City of Banning” and the Certificate Holder’s address must be the address of the respective department.

B. Indemnification agreement. The applicant must submit with its application for a city film permit an indemnification agreement, on a form approved by the city attorney, in which the applicant agrees to defend, indemnify, and hold harmless the city, its officers, agents, employees and volunteers from all claims and liability arising from the filming activity or issuance of the city film permit.

C. An endorsement to each policy shall be added stating that such policy shall not be cancelled by either party or reduced in coverage except after thirty (30) days prior written notice to City and that the policy shall apply on a primary noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained by or available to the City or any official, employee or agent of City.

5.40.140 - Revocation and suspension of a city film permit.

A. The city film permit coordinator may revoke city film permits for the following reasons:

1. Misrepresentation on the city film permit application, including, without limitation, the type or manner of film production, the location of filming activity, or the parameters or the need for stunts or special effects.

2. Any violations of this code, state or federal law, and/or the city’s administrative rules and regulations for filming activity.

3. Any violation of the conditions imposed on a conditionally approved city film permit.

B. The city police department and the city fire protection district are authorized to suspend any filming activity not authorized by the necessary permit or when permit conditions are violated or where the city’s filming rules and regulations, laws, or ordinances are 362
Ordinance 1608

violated. A written notice of suspension shall be provided to the permittee and the city film permit coordinator within twenty-four hours of the suspension.

C. The decision of the city film permit coordinator to revoke a city film permit shall be final unless appealed pursuant to Section 5.40.160.

D. No acts of lewd conduct etc. will be allowed to be filmed or photographed in any public setting within city jurisdiction.

5.40.150 - Enforcement of violations.

A. Notwithstanding any other provision of this code to the contrary, any person who causes, permits, or suffers a violation of any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, is guilty of a misdemeanor violation punishable in accordance with Chapters 1.24 and 1.28 and is also subject to administrative citations in accordance with Chapter 1.20.

B. Each person shall be guilty of a separate offense for each day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

C. This chapter does not exclusively regulate filming activity in the city, and the remedies provided in this chapter are in addition to other applicable remedies and penalties authorized by the Banning Municipal Code, or by the laws of the state or of the United States.

5.40.160 - Appeal procedures.

The decision of the city film permit coordinator to issue, conditionally issue, not issue, or revoke a city film permit may be appealed in writing to the city manager within five working days of the decision. The appeal must include copies of all pertinent material necessary to support the permittee’s position on appeal. Any actions of the city manager shall be final.” SECTION 3. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Banning’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 4. The City Council directs the City Clerk to submit a certified copy of this Ordinance to the California Film Commission.

SECTION 5. This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption.

PASSED, APPROVED AND ADOPTED this __th day of ____, 2025. 363
Ordinance 1608

Sheri Flynn, Mayor
City of Banning
ATTEST:

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

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
364
Ordinance 1608

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that Ordinance 1608 was duly introduced at a regular meeting of the City Council of the City of Banning, held on the 10th day of June, 2025, and was duly adopted at a regular meeting of said City Council on the 24th day of June, 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
365
1 Caroline Patton
From: Leo Fialho <[email protected]>
Sent: Wednesday, January 15, 2025 4:16 PM
To: Caroline Patton
Cc: Laura Baptista
Subject: RE: City of Banning Draft Film Ordinance
Attachments: Guidelines-for-Best-Practices.pdf; CFC-Model-Film-Ordinance.pdf; City of Banning_Ordinance No. 160X_Film Ordinance.docx
Follow Up Flag: Follow up
Flag Status: Flagged
Hello Caroline,
Karla Sayles is no longer with the CFC, however before she left, she asked me to review your film ordinance.

Apologies for not getting it back in a timely manner. I have attached here with our comments for your consideration. Attached as well is both our Model Filming Ordinance and the Guidelines for Best Practices in Film Regulations and Policies.

If you have any questions, please feel free to get in touch with me directly.

Thank you,
Leo Fialho (he/him)
Permit Manager
California Film Commission
7080 Hollywood Blvd Suite 900
Hollywood CA 90028
[email protected]
323.742.2870 (direct) 323.817.4105 (work)
Confidentiality Notice: This e-mail message, including any attachments, is solely for the intended recipient(s) and may contain confidential and privileged information and may be legally protected from disclosure. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
366
Ordinance 160X

ORDINANCE 16__

AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA, AMENDING CHAPTER 5.40 OF THE BANNING MUNICIPAL CODE CONCERNING FILM

PERMITS AND REGULATIONS
The City Council of the City of Banning does hereby ordain as follows:

SECTION 1. Findings and Purpose.

A. The Uniform Film Permit Act (Gov. Code, § 1499.20 et seq.) authorizes cities and counties to adopt ordinances or other regulations governing the issuance of film permits to engage in the use of property for occasional commercial filming.

B. Section 14999.21(b) of the Uniform Film Act provides that at least 30 days prior to an amendment to the written filming policy of a local government, the local government shall submit a draft of the amendment to the Executive Director of the California Film Commission (“Commission”). The Commission must review drafts submitted to it and report its findings to the local government within five working days of receipt of the draft. The local legislative body must consider the Commission’s findings prior to final adoption of the amendment, unless the Commission’s findings are not available within the above prescribed time limits. Any and all findings made by the Commission are advisory to local government.

C. On December __, 2024, the City submitted a copy of the proposed draft amendments to Chapter 5.40 (“Motion Picture, Television and Photographic Production Permits”) of Title 5 (“Business Licenses and Regulations”) of the Banning Municipal Code (“BMC”) to the office of Colleen Bell, Executive Director of the California Film Commission.

D. By letter dated [month] [day], 2024, the Commission submitted advisory findings to the City on the proposed amendments to BMC Chapter 5.40, which the City Council considered prior to adoption of this Ordinance.

E. Section 14999.21(b) of the Uniform Film Act provides that each local government must provide the Commission with a copy of its adopted filming amendments.

SECTION 2. Chapter 5.40 of Title 5 of the Banning Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 5.40 - MOTION PICTURE, TELEVISION, AND PHOTOGRAPHIC PRODUCTION

PERMITS

5.40.010 - Title.

This chapter shall be known as the “Motion Pictures, Television and Photographic Production Ordinance” of the City of Banning.

5.40.020 - Purpose and intent.

This chapter establishes administrative rules and regulations for the review and issuance of filming permits involving motion picture, television, and photographic production in the city. The intent of this chapter is to facilitate and regulate the time, place, and manner of such filming activity while protecting the residents and property owners from the adverse impacts of filming activities.
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Ordinance 160X

5.40.030 - Definitions.

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City film permit. A permit issued by the city to allow the activities associated with filming activity, including the production, filming or videotaping of motion picture and television shows, programs, commercials and still photography.

City film permit coordinator. The director of community and economic development, or their designee.

Filming activity. All activity attendant to staging or shooting commercial motion pictures, television shows or programs, long form web-based media, commercials and the taking of single or multiple photographs for sale or commercial use involving a cast and crew of ten or more individuals where the photographer sets up stationary equipment in any one location for longer than five consecutive minutes. Filming activity also includes filming of commercial radio station promotional events. Filming activities include the following definitions:

A. Motion pictures. Audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.

B. Television Shows. A series of episodes aired on television or an app-based streaming service, typically following a specific storyline or theme for broadcast or syndication. Television for the purposes of this chapter means an electronic system of transmitting transient images of fixed or moving objects together with sound over a wire or through space by apparatus that converts light and sound into electrical waves and reconverts them into visible light rays and audible sound C. Programs. A presentation or item on television, radio, or an app-based streaming service, especially one broadcast airing regularly between stated times (i.e. nature program). Radio for the purposes of this chapter means the use of electromagnetic waves for the wireless transmission of electric impulses into which sound is converted.

D. Commercials. An advertisement played on television, radio, or an app-based streaming service.

E. Still photography. A photograph that is not a video, movie, or moving image.

Filming location. Filming location means the actual property or properties that any filming activity for commercial motion picture or still photographic production is performed.

News media. The photographing, filming or videotaping for the purpose of spontaneous, unplanned reporting of news events concerning those persons, scenes or occurrences which are in the news and of public interest by reporters, photographers or camera operator in the employ of a newspaper, television station, news service, or similar entity.

Preparation. Preparation (“prep”) means workdays preceding filming activities. These activities may include set construction, or dressing, painting, landscaping or rigging for stunts and special effects.

Private production. The filming or videotaping of motion pictures or taking of still photographs solely for private use.
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Project completion. The work at a filming location that includes the removal of equipment at the end of filming activities. These activities may include, but are not limited to, set removal, repainting, re-landscaping, and unrigging from stunts and special effects.

Studio filming. A legally established commercial motion picture, television show, commercials, programs, or still photography place of business where filming activity, whether motion pictures, television shows, commercials, programs, or still photography, are regularly conducted inside a studio or on a stage located on the premises.

Student films. Motion pictures, television shows, or still photography that are produced to satisfy a course or curriculum requirement at an educational institution are student films. The student film maker must supply proof that they are currently enrolled in an educational institution. Proof may include documentation from an educational institution that indicates the student is covered by their liability insurance, and given permission to film a project beyond the boundaries of the campus.

5.40.040 - Permit required.

No person shall use any public or private property, building, facility, or residence for the purpose of filming activity, including producing or making motion pictures, television shows, programs, commercials, or still photography without first receiving a city film permit from the city film permit coordinator pursuant to the provisions of this chapter.

5.40.050 - Permit exemptions.

The provisions of this chapter shall not apply to the following:

A. News media;
B. Private production; and
C. Studio filming.

5.40.060 - Permit application.

An applicant must provide the following information:

A. Full legal name of applicant;
B. Business or educational institution name of applicant (if different); C. Business or educational institution address of applicant; D. Telephone number of applicant;
E. Location(s) of proposed filming or taping;
F. Date(s) and time(s) of proposed filming or taping;
G. Lists which include the approximate number of cast, crew, and production vehicles; H. Services of city employees desired or required on location during filming; I. A brief description of the type of film to be made;
J. Name of person in charge on location;
K. Such other information as deemed reasonably necessary by the city; and 369
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L. A statement acknowledging that the applicant shall have a copy of its permit on site at all times during filming.

5.40.070 - Permit applications and issuance.

A. City film permit application. Any person desiring a city film permit under the provisions of this chapter shall submit to the city film permit coordinator the following:

1. A complete application for a city film permit on a form provided by the city. The form must be signed by the applicant and accompanied by all required fees, deposits, indemnification agreement, and the insurance certificate required by this chapter and the city’s administrative rules and regulations before the city film permit coordinator may process the city film permit application. An applicant must submit a complete application, in person, at least two working days prior to the date of the filming activity for which the permit is required. If such activity interferes with traffic, including road closures, or involves potential public safety hazards, such as stunts, pyrotechnics or special effects, the applicant shall submit the application at least five working days prior to the date of the filming activity for which the permit is required.

2. Approval in the form of a petition, signature card, letter, consent form, or email from a minimum of seventy-five percent of all property owners and/or tenants, over the age of eighteen, for each parcel located within five hundred feet of the perimeter of the property on which the filming activity is to take place.

Applications that fail to submit the minimum amount of consent required in this subsection shall require approval from the city film permit coordinator, city manager, or their designee.
a. An applicant will be required to submit a city film permit request at least one working day prior to the date on which such person desires to conduct filming activity for which a permit is required, unless closure of a public street is involved in which case minimum notification time shall be one week.

3. City film permit fee as established by city council resolution and other applicable deposits as described in Section 5.40.080.

4. Evidence of insurance as required in Section 5.40.140.

5. A fully executed indemnification agreement, on a form approved by the city attorney, as required in Section 5.40.140.

6. If determined to be necessary by the city film permit coordinator, written evidence of permits and/or conditions with other public agencies as may be required upon submission of an application for a city film permit. The requirements of these responsible agencies shall be the requirements of this permit. Examples of such agencies include, without limitation, the state highway patrol, the county sheriff’s department, the Federal Aviation Administration, city fire protection district, and the bureau of land management.

7. Any other information as required by the city’s administrative rules and regulations.

8. An applicant shall obtain the property owner’s permission, consent, and/or lease for use of property.

B. City film permit issuance.
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1. The city film permit coordinator shall be responsible for the issuance of city film permits under this chapter, when, from a consideration of the application and from such other information as may be otherwise obtained, they find that:
a. The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety and that no streets will be completely closed to traffic for an unreasonable period of time;
b. The conduct of such activity will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel not reimbursed in advance by the applicant; and c. At the determination of the city’s public works department, the city police department, the city fire protection district, and the city engineer, as required, that the condition of such activity will not constitute a fire hazard or any other type of hazard and all proper safety precautions will be taken as determined by the department’s director, or their designee.

2. The city film permit coordinator may impose any conditions found necessary to protect the public’s health, safety, and welfare. The permittee shall comply with any conditions or restrictions the city may impose as a condition to issue a city film permit. No changes to such conditions shall be made without first obtaining the city film permit coordinator’s prior written approval. Failure to comply with the terms and conditions of a city film permit shall be grounds for permit revocation by the city film permit coordinator.

3. Following issuance of a city film permit, the permittee must notify residents within a five hundred-foot radius of the location of the proposed filming activity by distributing a fully completed filming location notification form, including the production company’s contact information, at least twenty-four hours prior to the first day of filming activity. Residential notification is not required for still photographic productions with cast and crew of less than ten people.

4. The decision of the city film permit coordinator to issue, conditionally issue, or not issue a city film permit shall be final unless appealed pursuant to Section

5.40.160.

5. A permit application shall be issued for the number of days requested.

6. An applicant shall comply with all conditions or restrictions of the permit.

5.40.080 - Permit fees and deposits; costs.

Each application for a city film permit shall be accompanied by:

A. A security deposit, in an amount established by city council resolution, to ensure cleanup and restoration of the site of the filming activity. The deposit, in full or part thereof, may be returned to the permittee upon completion of filming activity and inspection of the site by the city.

B. A city film permit fee in an amount established by resolution of the city council to reimburse the city for staff time required to evaluate the application and establish conditions of approval and to monitor the filming activity.

C. The city film permit fee and the security deposit shall not apply to or affect:

1. City produced or city-sponsored government or educational access productions; 371
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2. Student films; and

3. Productions by charitable organizations that have been issued 501(c)(3) status by the Internal Revenue Service and are in good standing.

D. If deemed necessary by the city film permit coordinator, additional police personnel, code enforcement personnel, a film monitor and/or other city services shall be provided for the purpose of protecting, assisting, and regulating the proposed filming activity, at a cost billed to the permittee. The cost of providing such additional services shall be paid in advance to the city by the permittee. Additional city services will be provided and coordinated through the city film permit coordinator.

E. A permittee shall conduct operations including preparation and project completion in a time frame as agreed by the city and permittee. The area used shall be cleaned of trash and debris upon completion of shooting at the scene and restored to the original condition before leaving the site. The city may require a faithful performance bond to ensure cleanup and restoration of the site after inspection. The bond shall be returned to the applicant within thirty days.

5.40.090- Public right-of-way.

Temporary “NO PARKING” signs shall be posted by the city., All parking of equipment or cars on public streets, stringing cable on sidewalks or from generator to service point, sidewalk shots, driving scenes shall require signage indicating such activities are taking place and shall be posted by the city.

5.40.100 - Traffic control.

For filming that would impair traffic flow, a permittee shall coordinate traffic control with the police department and, if deemed necessary by the city film permit coordinator, the California Highway Patrol and/or county sheriff, and shall comply with all traffic control requirements deemed necessary by the city permit film coordinator.

A. The permittee shall furnish and install advance warning signs and any other traffic control devices in conformance with the Manual of Traffic Control, State of California, Department of Transportation, and take all appropriate safety precautions.

B. Traffic may be restricted or stopped intermittently upon the city’s authorization and under the city’s direction.

C. The permittee shall not detour traffic across a road with double lines without the city’s prior approval.

D. Unless otherwise authorized by the city, the permittee shall not drive camera cars (or cause camera cars to be driven) in the direction of traffic, and shall observe all traffic laws.

E. Any emergency road work or construction by city, county crews, and/or private contractors, under permit or contract to the city shall have priority over filming activities.
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5.40.110 - Special restrictions.

The permittee shall perform all external filming activities between the hours of 10:00 P.M. and 6:00 A.M. without undue noise and nuisance, unless otherwise approved by the city film permit coordinator with sufficient notice to inform residents of the filming activity.

5.40.120 - Administrative rules and regulations.

The city film permit coordinator is authorized and directed to promulgate administrative rules and regulations, subject to approval by resolution of the city council, governing the time, place and manner of any filming activity, included in this chapter, within the city. The administrative rules and regulations shall be based upon the criteria set forth in this chapter.

5.40.130 - Insurance and liability.

All applicants for a city film permit shall submit the following with a completed application for a city film permit:

A. Liability insurance. If filming activity will be conducted on public property, a certificate of insurance shall be submitted to the city film permit coordinator evidencing the following:

1. General liability with limits no less than as stipulated by the city;

2. Auto liability with limits no less than as stipulated by the city;

3. Workers’ compensation coverage as required by law; and

4. Employer’s liability with limits no less than as stipulated by the city.

The general liability and auto liability policies shall name the city, its officers, employees, agents, and volunteers as additional insured to protect the city against any liability, or claims of liability related to or resulting from film production in the city.

Such policies shall be provided by an insured permitted to do business in the state with an AM Best rating of at least A:VII or a Standard & Poor’s Rating (if rated) of at least BBB, unless specific approval for a lower rating has been granted by the City.

The certificate shall not be subject to cancellation or modification until after thirty days’ written notice to the city. Such insurance shall be evidenced by the standard general liability special endorsement form mandated by the state film commission, which will remain on file with the city’s risk manager. When filming in a flood control channel, the Riverside Flood Control and Water Conservation District shall be named as an additional insured.

B. Indemnification agreement. The applicant must submit with its application for a city film permit an indemnification agreement, on a form approved by the city attorney, in which the applicant agrees to defend, indemnify, and hold harmless the city, its officers, agents, employees and volunteers from all claims and liability arising from the filming activity or issuance of the city film permit.

5.40.140 - Revocation and suspension of a city film permit.

A. The city film permit coordinator may revoke city film permits for the following reasons:

1. Misrepresentation on the city film permit application, including, without limitation, the type or manner of film production, the location of filming activity, or the parameters or the need for stunts or special effects.
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2. Any violations of this code, state or federal law, and/or the city’s administrative rules and regulations for filming activity.

3. Any violation of the conditions imposed on a conditionally approved city film permit.

B. The city police department and the city fire protection district are authorized to suspend any filming activity not authorized by the necessary permit or when permit conditions are violated or where the city’s filming rules and regulations, laws, or ordinances are violated. A written notice of suspension shall be provided to the permittee and the city film permit coordinator within twenty-four hours of the suspension.

C. The decision of the city film permit coordinator to revoke a city film permit shall be final unless appealed pursuant to Section 5.40.160.

5.40.150 - Enforcement of violations.

A. Notwithstanding any other provision of this code to the contrary, any person who causes, permits, or suffers a violation of any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, is guilty of a misdemeanor violation punishable in accordance with Chapters 1.24 and 1.28 and is also subject to administrative citations in accordance with Chapter 1.20.

B. Each person shall be guilty of a separate offense for each day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

C. This chapter does not exclusively regulate filming activity in the city, and the remedies provided in this chapter are in addition to other applicable remedies and penalties authorized by the Banning Municipal Code, or by the laws of the state or of the United States.

5.40.160 - Appeal procedures.

The decision of the city film permit coordinator to issue, conditionally issue, not issue, or revoke a city film permit may be appealed in writing to the city manager within five working days of the decision. The appeal must include copies of all pertinent material necessary to support the permittee’s position on appeal. Any actions of the city manager shall be final.” SECTION 3. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Banning’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 4. The City Council directs the City Clerk to submit a certified copy of this Ordinance to the California Film Commission.

SECTION 5. This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption.

PASSED, APPROVED AND ADOPTED this 00th day of Month 2024. 374
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Sheri Flynn, Mayor
City of Banning
ATTEST:

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

Serita 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 Ordinance 16XX was duly introduced at a regular meeting of the City Council of the City of Banning, held on the 14th day of January 2025, and was duly adopted at a regular meeting of said City Council on the 28th day of January 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
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Guidelines for Best Practices
in Film Regulations and Policies
Encouraging film production is an economic development tool that can provide temporary jobs for local residents, generate local revenue and bolster local businesses.

One of California’s signature industries, motion picture production is an essential source of economic activity, tax revenue, jobs and tourism in California. It contributes $30 billion dollars annually to our state’s economy while supporting over 190,000 well-paying entertainment industry jobs.

It is always important to balance the needs of a production company with the concerns of local government and the local community. Once a city or county has created a film ordinance (see model filming ordinance), they should consider establishing permit policies and regulations that are “film friendly” with the intent to increase or retain filming.

A. Consider the Following “Best Practices” When Creating Film Policies:

1. Rapid film permit issuance: 2 – 5 business days from permit application submission to permit issuance.

2. Establish standard hours for film activities: typically 7:00 a.m. – 10:00 p.m. for residential zones (with the option to extend hours with the approval of affected residents and business owners).

3. Establish reasonable permit fees. Compare fees charged by similar surrounding cities and stay within or below those limits. Some cities/counties reduce or waive permit fees for accredited student or charitable productions (while still requiring a permit) to encourage more filming.

4. Establish and post cost recovery fees for the reimbursement of city or county personnel (i.e., application review, monitors, police, fire, traffic control).

5. Establish a film permit requirement but waive any requirement for a business license, as most film activities are temporary.
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6. The California Film Commission discourages the requirement of a bond. (Productions must pay additional fees to secure a bond, and the city/county must then rely on the bond company to collect damages from the production company). Instead, a refundable security deposit against damages is preferred.

7. Appoint a key liaison for coordinating permits. Be sure to appoint a back-up liaison. The liaison will be required to make decisions as the community representative prior to and during filming, and should therefore have full endorsement and authority of the local jurisdiction. The liaison should be aware of any previous film production within the community and remain sensitive to local citizens’ concerns.

8. Create a centralized filming section on your city/county website clearly listing all film regulations, permit and insurance requirements, fees and liaison contact information.

9. Consider adopting an ordinance that protects the orderly conduct of a permitted film event from persons who interfere.

B. Specific Guidelines for Filming Regulations:

1. Timely issuance of film permits: An applicant will be required to submit a permit request at least two business days prior to the date of the requested production activity. If such activity interferes with traffic or involves potential public safety hazards, an application may be required at least four business days in advance.

2. Notification: All residents and merchants within a 200 feet radius of the film location must receive notice of filming dates, times, location address and production company contact at least 24 hours prior to the first film activity. It is most effective to notify affected residents and business owners in person or via flyer, unless a property is inaccessible.

3. Parking: When parking production vehicles on a public street, residents and merchants impacted by the parking must receive notice at least 24 hours prior to the arrival of the vehicles. All those impacted should also be notified of the city/county’s procedures for towing vehicles parked in areas where “no parking” signs have been posted.
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4. Surveys: Require a survey of affected residents and/or businesses within a 200 ft. radius when the filming includes extraordinary activities such as a street closure, pyrotechnics, excessive noise, low flying helicopters or drones, requests to film beyond the standard hours and requests to film for extended periods of time.

Note: the California Film Commission recommends a policy requiring no more than 80% signature approval.

5. Clean up: The permittee shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleaned of trash and debris upon completion of filming at the scene and restored to the original condition before leaving the site.

6. Filming on Private Property: An applicant is required to obtain the property owner’s permission, consent and signed location agreement, in addition to a permit, for use of the property not owned or controlled by the city/county.

7. Flood Control (if applicable): When filming in a flood control channel, an applicant must vacate channel when water is released. Please note that when filming in or on flood control properties, the agency must be named as an additional insured.

8. Public Works Department (Road and Streets): If the applicant must park equipment, trucks, and/or cars in zones that will not permit it, temporary “No Parking” signs must be posted with approval of the local authority. The applicant must also obtain permission to lay and safely mat cable across sidewalks or from generator to service point.

9. Traffic Control: For filming that would impair traffic flow, an applicant must use California Highway Patrol (CHP), County Sheriff or local law enforcement personnel and comply with all traffic control requirements deemed necessary. a. An applicant shall furnish and install advance warning signs and any other traffic control devices in conformance with the Manual of Traffic Controls, State of California Department of Transportation. All appropriate safety precautions must be taken.
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b. For any lane closure or intermittent traffic control (ITC), the period of time that traffic may be restricted will be determined by the city/county, based on traffic volumes for location and time of day. For state-owned freeways and roads, lane closures and ITC will be determined by Caltrans. c. Traffic shall not be detoured across a double line without prior approval of the appropriate department representative.
d. Unless authorized by the city/county, camera cars must be driven in the direction of traffic and must observe all traffic laws. e. Any emergency roadwork or construction by city or county crews and/or private contractors, under permit or contract to the appropriate department, shall have priority over filming activities.

10. Municipal Parking Lots: When parking in a municipal parking lot, an applicant may be billed according to the current rate schedule established by the city/county. In order to assure the safety of citizens in the surrounding community, access roads to beaches, which serve as emergency service roads, must never be blocked. No relocation, alteration, or moving of beach structures will be permitted without prior approval.

C. Other Considerations to Encourage Filming:

A city or county that wishes to actively recruit filming as part of its economic development plan should also consider providing the following services or incentives to encourage filming.

1. Provide service and support to each production company from the initial contact to the close of the production, including problem solving on film related matters.

Support should include coordination between the production company, local residents and businesses and the city/county.

2. Offer fee-free city/county-owned properties for use as filming locations. Charge applicants for cost recovery only – review time, police, fire or security monitors.

3. Waive permit fees.

4. Provide free vacant office space and / or free parking lots. 380
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5. Create an online database of location photos.

6. Upload location photos to the California Film Commission website to market a local region.

Final Note:

Being film-friendly includes reasonable guidelines and fees and a city/county’s ability to assist productions with their location needs. Overly-restrictive regulations (i.e., requiring a building permit in order to temporarily attach anything to a building/structure or having to obtain 100% written consent of all affected residents and business owners) will only serve to discourage filming in your community.

While there are jurisdictions that believe filming activities should cause no disruption to the community, and the California Film Commission clearly understands the desire for filming to have as little impact on residents and businesses as possible – the nature of a film shoot is that it can sometimes be intrusive, even though the impact may be minimal and all good faith efforts are made to mitigate the impact from filming activities.

However, there are few concerns that can’t be successfully resolved when cities/counties work with production companies to make filming a positive experience for all involved.

Additional resources for jurisdictions interested in recruiting film production can be found on our Community Filming page.
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Many California cities, counties and special districts have adopted this ordinance to ensure uniform film ordinances and permit processes throughout the State. The Model Filming Ordinance is not intended to address the circumstances of each local jurisdiction, but provides general guidance for ensuring film-friendly policies in a community.

The California Film Commission (CFC) reviews all local ordinances and provides comments to government to ensure uniform procedures for issuing film permits. A local government is required to submit any draft filming ordinance or amendments to the CFC 30 days prior to adoption as per Government Code 14999.21. The CFC will review all drafts and provide comments within five working days. The CFC recommends that only reasonable fees associated with the recovery of costs are charged production companies for use of public property and services.

Model Filming Ordinance
I. DEFINITIONS:
a. “Motion picture, television, still photography” shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, commercials, digital media, still photography and student films produced to satisfy a post-secondary school course requirement at an educational institution in any medium including film, tape or digital format. b. “Charitable films” shall mean commercials, motion pictures, television, digital media or still photography produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes, or photos.
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c. “News Media” shall mean the photographing, filming or videotaping for the purpose of spontaneous, unplanned television news broadcasts (“breaking news”) or reporting for print media by reporters, photographers or camerapersons.
d. “Studio” shall mean a fixed place of business certified as such by a local fire authority having jurisdiction where filming activities (motion or still photography) are regularly conducted upon the premises.

II. PERMITS AND EXEMPTIONS:
a. Permit required: No person shall use any public or private property, facility or residence for the purpose of taking motion pictures, television, digital media or commercial still photography without first applying for and receiving a permit from the officer designated by the city/county.
b. Exemptions:
1) News Media: The provisions of this Chapter shall not apply to or affect reporters, photographers or camerapersons in the employ of a newspaper, news service, or similar entity engaged in on-the-spot print media, publishing or broadcasting, of news events concerning those persons, scenes or occurrences which are in the news and of general public interest. 2) Personal/Family Video: The recording of visual images (motion or still photography) solely for private personal use, and not for commercial use. 3) Studio Filming: Filming activities (motion or still photography) conducted at a studio.

III. RULES AND REGULATIONS:

Rules: The designated city/county officer is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the Council or Board, governing the form, time and location of any film activity set forth within the 383
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city/county. The officer shall also provide for the issuance of permits. The rules and regulations shall be based upon the following criteria:

1. The health and safety of all persons;

2. Mitigation of disruption to all persons within the affected area;

3. The safety of property within the city/county; and

4. Traffic congestion at particular locations within the city/county.

IV. APPLICANTS AND ISSUANCE:
a. Issuing Authority: The issuing authority shall be the city/county designee. b. Applications: The following information shall be included in the application:

1. The representative of the property and his/her email address and cell phone number, as well as the address, email address and telephone number of the place at which the activity is to be conducted;

2. The specific location at such address or place;

3. The inclusive hours and dates such activity will occur;

4. A general statement describing the character or nature of the proposed filming activities;

5. The name, address, email address, and cell phone number of the person or persons in charge of such filming activity;

6. The exact number of personnel to be involved;

7. Activity which may cause public alarm, such as the use of any animals, gunfire or pyrotechnics, low flying helicopters and/or unmanned aircraft systems (drones);

8. The exact amount/type of vehicles/equipment to be employed along with a parking plan; and
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9. All applicable documentation (remote pilot certificate, UAS registration certificate, waivers, description of flight operations, etc.) if a UAS (drone) is being used.
c. Fee Schedule: The issuing authority may adopt a fee schedule. d. Reimbursement for Personnel: The production company shall reimburse the city/county for any personnel provided to the company (e.g., police, fire, traffic) for the purpose of assisting the production.
e. Change of Date: Upon the request of the applicant, the issuing authority shall have the power, upon a showing of good cause, to change the date for which the permit has been issued, provided established limitations are complied with in respect to time and location.

V. LIABILITY PROVISIONS:
a. Liability Insurance: Before a permit is issued, a certificate of insurance will be required in an amount not exceeding $1,000,000 naming the city/county as additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. Higher liability limits or separate aerial coverage shall be required for the use of helicopters and/or drones. City/county officers and employees shall also be named as additional insured. An applicant must provide evidence of insurance coverage that will not expire until the completion of all planned production activities, including the strike and restoration of all locations. A copy of the certificate will remain on file.
b. Worker’s Compensation Insurance: An applicant shall conform to all applicable Federal and State requirements for Worker’s Compensation Insurance for all persons operating under a permit.
c. Hold Harmless Agreement: An applicant shall execute a hold harmless agreement as provided by the city/county prior to the issuance of a permit under this ordinance. (The hold harmless agreement may be included in the terms and conditions of the permit.)
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d. Security Deposit: To ensure cleanup and restoration of location sites, an applicant may be required to submit a refundable deposit (amount to be determined by the city/county). Upon completion of filming and inspection of the site by the city/county, if no verifiable damage has occurred, the security deposit shall be returned to the applicant.

VI. VIOLATION:

If an applicant violates any provisions of this ordinance or a permit issued pursuant thereto, the city/county may provide the applicant with verbal or written notice of such violation. If the applicant fails to correct the violation, the city/county may revoke the permit and all activity must cease.

FILMING REGULATIONS
See Guidelines for Best Practices in Film Regulation and Policies. 386

AFFIDAVIT OF PUBLICATION
Record Gazette
218 N. Murray St., Banning, CA 92220
Proof of Publication
(2015.5 C.C.P.)
2025 02 14_Pre Adoptions Summary Ord 1608
___________________________________________________
State of California          )
County of Riverside   )  SS.

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of
general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737.

That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Feb 28, 2025
Executed on: ____________________
At City of Banning, California
I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct.
___________________________________________________
Signature
2025 02 14_Pre Adoptions Summary Ord 1608 | Page 1 of 1 February 28, 2025
387

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: June 10, 2025
SUBJECT: Proposed Restriping of Highland Springs Avenue Median Between Ramsey Street and Joshua Palmer Way by the City of Beaumont RECOMMENDATION:

Provide direction to staff if there are any significant concerns from the City of Banning to communicate to City of Beaumont staff.

BACKGROUND:

Staff from the City of Beaumont reached out to Public Works staff in May of 2025 regarding a proposal to make modifications to the striping on Highland Springs Avenue at the driveway entrance to the Food For Less shopping center within the City of Beaumont. As a result of the discussion, the City of Beaumont prepared a plan to eliminate the left turns in and out of the shopping center. The City of Beaumont presented this item to their City Council on June 3. Any actions from that meeting will be reported to Council during the presentation.

Attached to this report is the staff report prepared by City of Beaumont staff.

JUSTIFICATION:

Eliminating the left turn ingress and egress will improve safety, enhance traffic flow, and provide some economic benefits.

FISCAL IMPACT:

None. Project will be completed by City of Beaumont staff.

ALTERNATIVES:

Do not concur with the proposed plan and provide direction to staff.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Att 1. Beaumont Staff Report and Plan.pdf
388
Staff Report
TO: City Council
FROM: Robert Vestal, Director of Public Works
DATE: June 3, 2025
SUBJECT: Highland Springs Avenue Painted Median Adjustment Description Adjust the painted median along Highland Springs Avenue, south of Sixth Street, to eliminate left turn ingress and egress from commercial center.

Background and Analysis:

Highland Springs Avenue is a key corridor that experiences significant traffic volumes.

The commercial center’s current left-turn access contributes to congestion and safety concerns, leading to delays, near-misses, and potential collisions. City staff has reviewed traffic patterns and accident reports, and findings suggest that restricting left turns will streamline movement and mitigate risks.

Eliminating the left turn ingress and egress will improve safety, enhance traffic flow, and provide some economic benefits.

Improved Safety
• Reducing left-turn movements minimizes conflict points, lowering the likelihood of collisions.
• Preventing abrupt stops from vehicles attempting to turn left reduces rear-end crashes.
• Enhancing visibility and predictability for drivers leads to smoother traffic operations.

Enhanced Traffic Flow
• Eliminating left turns will optimize adjacent signal timing and alleviate bottlenecks.
• Increase left turn pocket length on the northbound Highland Springs Ave and Sixth Street Intersection.
• Increase left turn pocket length on the southbound Highland Springs Ave and Joshua Palmer Way Intersection.
389
• Drivers will utilize existing signalized intersections or alternate routes, distributing traffic more efficiently.
• Continuous movement along Highland Springs Avenue will reduce congestion during peak hours.

Economic Benefits
• Smoother traffic flow encourages more customers to access the commercial center via safer, alternative entry points.
• A reduction in accident-related delays improves accessibility, benefiting local businesses.
• Streamlined routes can enhance the area’s overall appeal, supporting economic growth.

On May 6, 2025, Beaumont City staff engaged in discussions with the City of Banning’s Public Works Director and City Engineer regarding the proposed median adjustment.

The City of Banning’s Public Works Director and City Engineer expressed their agreement and support for the plan, recognizing its potential to improve regional traffic flow and minimize congestion-related risks.

City staff recommends authorizing the adjustment of the painted median along Highland Springs Avenue to eliminate left-turn ingress and egress at the commercial center intersection. Proper signage and public outreach should accompany implementation to ensure a smooth transition for motorists.
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Figure 1 - Existing Highland Springs Avenue Median
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Figure 2- Proposed Highland Springs Avenue Median Adjustments 392
Fiscal Impact:

The estimated cost to prepare this staff report is $700.

All cost associated with revising the painted median is estimated to be $5,000 and will be paid from the Public Works operations budget.

Recommended Action:

Authorize City staff to adjust the painted median along Highland Springs Avenue, south of Sixth Street, to eliminate left turn ingress and egress from the commercial center intersection.

Attachments:

A. Improvement Plan
393

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: David Newell, Community Development Director MEETING DATE: June 10, 2025
SUBJECT: Discussion on Expanding Public Notification Requirements in Banning Zoning Ordinance Related to Land Use Development Applications RECOMMENDATION:

Provide direction to staff for a Zoning Ordinance Amendment to be scheduled at a future meeting of the Planning Commission and City Council.

BACKGROUND:

At recent Planning Commission meetings, there were some comments made by Commissioners expressing frustration with the City's current public hearing noticing requirements and it was requested that staff bring forward opportunities to expand public awareness of land use applications being processed by the City. The purpose of this report is to identify the existing requirements locally and under state law and provide information on what other jurisdictions are currently requiring that the City might consider for increasing public awareness.

The City currently requires public hearing notices for the following application types:

Conditional Use Permit (17.52.040)
Design Review (17.56.040)
Development Agreement (17.60.030)
General Plan Amendment (17.64.040)
Planned Unit Development (17.92) Specific Plan (17.96.030) Tentative Tract or Parcel Maps (16.14.030)
Variance (17.112.040)
Zoning Code Amendment (17.116.020)
Several of the code sections for the above applications refer to Chapter 17.68 (Hearings and Appeals) of the Banning Zoning Ordinance (BZO), to define the process for public noticing and hearings for land use applications. Section 17.68.020 of this Chapter generally requires that public hearing notices be published in a newspaper of general circulation and mailed to property owners within 300 feet of a project site, both of which are to occur 10 days before the public hearing. There is one exception, however, for Conditional Use Permit applications, which requires that owners within 1,200 feet receive notice if use is within a rural residential zoning district. Attached is a summary of the criteria for each application type that is reviewed by the Planning Commission.

State law provides minimum criteria for land use decisions requiring a public hearing. California Government Code, Section 65090, et. seq., requires notice be provided similar to the City's current regulations that are described above. While currently compliant with State law, the City does have the ability to expand its noticing requirements to increase public awareness of land use applications, which 394
has been done by other local jurisdictions. Below is summary of other jurisdictions that have expanded requirements.

City
Mailed Notification
Recipient
Mailed Notification
Radius
Additional
Requirements
Moreno Valley
- Owners
- If project involves
conversion,
residents within
development
600 feet None
Palm Desert Owners
- 500 feet
- 1000 feet
- Community
Engagement Plan
requiring 2
meetings
- On-site sign (4'x4')
notifying of hearing
Palm Springs
Owners, lessees
and apartment
residents
500 feet
- On-site sign (3'x4')
notifying of project
under consideration
- Email notice to
recognized
neighborhood
organizations
- Neighborhood
meetings "strongly
encouraged" but not
required
Rancho Mirage Owners
- 500 feet
- 1,00 feet
None
Of the above cities, Palm Desert made the most recent changes to improving public awareness of proposed projects and has the most robust notification systems for engaging and informing the community. Attached are the Palm Desert ordinances that provide requirements on public hearing notification, on-site signage and required Community Engagement Plan. Also attached is Palm Springs' Developer Neighborhood Outreach Procedures. Other cities provide good examples of expanding the mailed notification radius beyond the 300-foot minimum.

Under a City Council policy, Carlsbad provides another option for noticing the public of proposed applications. Within thirty days of submitting an application, applicants are required to notify nearby residents (property owners within 600 ft. and occupants within 100 ft. of a project site) of the newly submitted project application, as well as install a project notification sign on the project site. Certain application types are required to do community engagement and maintain a project website. The Carlsbad policy is included as an attachment to this report.

After reviewing the information provided, staff recommends the City Council provide direction on amending the City's ordinances as follows:

1. Notification Recipients - expand to occupants of apartments and/or commercial tenants;

2. Notification Radius - expand to 500 feet minimum; expand to 1,000 feet if notification list is less than 25 recipients or if project site is 5 acres or larger;

3. Additional Requirements, Signage - require on-site sign posting for new developments; if so, require additional signs for larger sites and/or sites with multiple-frontage lots; if so, require for certain application types or developments (i.e. Zoning or General Plan Amendments, Specific Plans, Design Review, Conditional Use Permits involving certain uses, such as cannabis and new construction) but not all application types (exclude Historic Resources, Tentative Tract/Parcel 395
Maps, Variances); if so, identify content (Project Under Consideration or Notice of Upcoming Hearing) and timing of sign installation (i.e. within 30 days of formal application or 10 days prior to hearing);

4. Additional Requirements, Neighborhood Meetings - require or strongly recommend neighborhood outreach meetings; if so, identify application types or developments that require outreach; if so, identify quantity of desired meetings.

On May 7, 2025, the Planning Commission considered this matter and were generally supportive of increasing notification to include apartments/tenants, expanding radius notification to 500' (or 1000' for sites over five acres), requiring on-site signage and mandating community engagement plans for larger projects. There was also support for providing bilingual notices.

After receiving direction from City Council, staff can prepare revisions to the City's ordinances and schedule this matter for future hearings by the Planning Commission and City Council, in accordance with BZO Chapter 17.116.

JUSTIFICATION:

The proposed ordinance revisions are anticipated to improve transparency, community engagement, and trust in the land use process. Current practices meet State minimums but may not adequately inform all affected parties. Including tenants and expanding the radius to 500 or 1,000 feet ensures broader awareness, especially for larger or impactful projects. On-site signage and community meetings, as modeled by other cities, provide tangible, accessible ways to inform residents and gather input.

FISCAL IMPACT:

In addition to staff and city attorney's time to prepare ordinance amendments, fiscal impacts will vary and depend on direction received from City Council. Below are some initial considerations:

Expanded recipients. There will be additional costs to notice tenants, as such information is not readily available without subscription services to a third-party vendor and/or establishing an internal system for creating tenant notices for every public hearing notice.

Expanded radius. Should Council direct that the City expand the notification radius, there will be increased postage costs and staff time to print, prepare and mail notices.

Additional requirements, signage. No fiscal impacts, as the signage would be installed by the applicant.

Additional requirements, neighborhood meetings. This would require staff to attend meetings after normal business hours and may involve overtime costs per event.

Bilingual notices. This would require additional staff time or hiring a third-party vendor to translate notices for every public hearing notice.

ALTERNATIVES:

Direct staff to not pursue changes to the current requirements.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Summary of Hearing Notice Requirements for Various Applications Reviewed by the Planning Commission

2. Palm Desert Ordinances - Public Hearing Notice and Community Engagement Plan

3. Palm Springs - Developer Neighborhood Outreach Procedures

4. Carlsbad Early Public Participation Policy
396

5. May 7 2025 PC Meeting Minutes_6.3.2025_Final.pdf
397
Summary of Hearing Notice Requirements for Various Applications Reviewed by the Planning Commission in the Banning Zoning Ordinance (BZO)
Application Type BZO
Section Hearing Notice Criteria
Conditional Use Permit (CUP) 17.52.040 Refers to Chapter 17.68 (Hearings and Appeals) - Notices to be in at least one publication in a newspaper 10 days before hearing
- Notices to be mailed to owners of property within 300 ft., except R/A, R/A/H, RR, RR/H, and VLDR zones require notice to owners within 1,200 ft CUP, Cannabis 17.53.060 Refers to Chapter 17.52 (Conditional Use Permits) CUP, Cannabis Retailer 17.54.060 Refers to Chapter 17.52 (Conditional Use Permits) CUP, Surface Mining 17.100.100 Refers to Chapter 17.68 (Hearings and Appeals) Design Review 17.56.040 Refers to Chapter 17.68 (Hearings and Appeals) Development Agreement 17.60.030 Refers to Chapter 17.68 (Hearings and Appeals) General Plan Amendment 17.64.040 Refers to Chapter 17.68 (Hearings and Appeals) Planned Unit Development 17.92 No reference
Specific Plan 17.96.030 Refers to Chapter 17.68 (Hearings and Appeals) Tentative Tract or Parcel Map 16.14.010 Refers to Chapter 17.68 (Hearings and Appeals) Variance 17.112.040 Refers to Chapter 17.68 (Hearings and Appeals) Zoning Code Amendment 17.116.020 Refers to Chapter 17.68 (Hearings and Appeals) 398
§ 25.60.060. Public Hearing and Public Notice.

A. Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural review, precise plan, planned development, specific plan, zoning code and/or map amendment, pre-zoning, development agreement, and General Plan amendment considered by the Commission or Council.

B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing.

1. Notice of public hearing shall be published in at least 1 newspaper of general circulation in the City.

2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of real property, inclusive of any association governing a common interest development (as defined in Part 5 of Division 4 of the California Civil Code), within a radius of 500 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners, or the name of any association of a common interest development, as applicable, as shown upon the current Tax Assessor's records of Riverside County or the Official Records of Riverside County. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project.

If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice in 1 newspaper of general circulation within the City. i. Public notification for projects 5 acres or more shall be 1,000 feet for public notifications related to development projects and to ensure adequate community engagement efforts are achieved pursuant to requirements in Section 25.60.160. ii. Public notification for Hillside Development Plans shall comply with Section

25.78.020(C) of this title.
iii. Hearings before the Architectural Review Commission for Design Review associated with an application requiring approval by the Planning Commission and/or City Council will be noticed in accordance with the requirements of this section.

3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project.

4. Notice of the public hearing shall be posted at City Hall.

5. Notice of the public hearing shall be mailed to any person who has filed a written City of Palm Desert, CA
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request for notice.

6. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable.

C. Notice of Zoning Administrator decision.

1. Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood associations within proximity of the subject site, and properties within 500 feet of the property. The notice shall include:
i. A brief statement explaining the criteria and standards considered relevant to the decision.
ii. A statement of the standards and facts relied upon in rendering the decision. iii. Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth.
iv. An explanation of appeal rights and appeal deadlines.

2. Decision. The ZA may approve, approve with conditions, or deny the application.

Decisions shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings, and a determination.

3. Appeal. A ZA determination may be appealed to the Commission for a final determination according to Section 25.60.080.

D. Requests for notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the Department. The City may impose a reasonable fee for the purpose of recovering the cost of such notification.

E. Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.

F. Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed.

G. On-site public notice signs.

1. Applicability. All projects requiring a public hearing before the Planning Commission and/or City Council shall be required to post 1 or more public notice signs on the property, which is the subject of the proposed development, in accordance with the requirements of this subsection.

2. Public Notice Sign Requirements.

City of Palm Desert, CA
§ 25.60.060 § 25.60.060
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(Ord. 1259 § 1, 2013; Ord. 1279 § 10, 2015; Ord. 1303 § 6, 2016; Ord. 1375 § 2, 2022; Ord. 1425, 2/13/2025)
§ 25.60.160. Community Engagement.
i. The applicant shall post informational signs on the property that is the subject of the proposed development. The signs shall be unilluminated, 4 feet by 4 feet in size, and shall include a description of the proposed development, the date, time, and location of the public hearing, and the location where further information can be obtained.
ii. The sign shall be placed in an area of the property most visible to the public, not more than 5 feet from the front property line in residential areas, and not more than 3 feet from the front property line in commercial and industrial areas. Placement of the sign shall not be permitted to cause traffic sight obstructions. iii. For properties less than 5 acres in size, 1 sign per street frontage shall be posted on site.
iv. For properties greater than 5 acres in size, 1 sign per 500 feet of street frontage shall be posted on site. For properties that are unusually shaped or within a unique location, the Planning Director may determine the location for sign posting or require additional notice of the proposed project.
v. For projects that may change or intensify the existing use or zoning, the Planning Director may require supplemental or larger signs or both.

3. Sign Posting Acknowledgement. A completed Sign Posting Acknowledgment form prepared and signed and dated by the applicant or an authorized representative of the applicant, which shall contain photographic evidence of the installed signs, shall be submitted to the Development Services Department no later than 10 calendar days prior to the scheduled public hearing. This document shall be mailed or dropped off or emailed to the assigned project planner.

4. Timing of Sign Installation.
i. Signs shall be installed no later than 10 days prior to the scheduled date of the public hearing.
ii. Posted signs must remain visible on the property until the last decision-making action specified by the Development Services Department.

5. Maintenance. The applicant and owner shall be responsible for maintaining the noticeboard such that it is readable during the period it is required to be in place. If the sign or structure is damaged, defaced or otherwise made illegible, the applicant/owner shall replace the sign in accordance with the standards of this subsection. The applicant shall pay the replacement cost of such board.

6. Removal. The applicant shall remove the sign(s) from the project site no later than 10 calendar days following the end of the appeal period for the project.

City of Palm Desert, CA
§ 25.60.060 § 25.60.160
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A. Intent and purpose. It is the intent of this chapter that each project applicant prepare and submit to the City a "Community Engagement Plan" to implement requirements for public notice, community engagement, and public outreach. The intent is to present project information and engage in public outreach meetings early in the development review process of new projects and address concerns of the public prior to an action of the approving body.

The Community Engagement Plan shall provide residents within the required notification radius with an opportunity to actively participate in the City's development review procedures for discretionary projects to help shape the direction of the City's development.

B. Scope of regulations. This chapter shall be applied pursuant to the adopted "Resolution of the City Council of the City of Palm Desert Establishing Policies related to Community Engagement (Resolution No. 2021-50)."
Requirements related to community engagement for new projects are as follows:

1. Developers must prepare and submit a Community Engagement Plan to the Development Services Department at the same time a development application is submitted for any project that is located on a project site of 5 acres, or greater, and requires discretionary approval, including, but not limited to, any request for a discretionary approval of a Precise Plan, Tentative Map, Specific Plan, General Plan Amendment, Change of Zone, Development Agreement, Variance, or combination thereof. The Director of Development Services may require a Community Engagement Plan for any project when due to extraordinary or exceptional factors.

2. Comply with the public notification requirements of Section 25.60.060 of this title.

3. The Community Engagement Plan must contain the following:
a. Developer's method(s) of communication with the public. Proposed location(s) of public outreach shall be provided;
b. Samples of the written publications distributed to the public that include any informational items of the project. Written publications and invitations should comply with the following:
i. The written publication should include the date, time, and location of the scheduled community meeting.
ii. The invitation to community meetings should include as much information about the project and request in the application as possible to inform attendees of what is being proposed.
iii. Community meetings should be located in the City of Palm Desert and as close to the subject property as is practical to minimize the distance that attendees need to travel to participate.
iv. Community meetings should be scheduled to avoid, to the extent feasible, any conflict with other publicly scheduled meetings.
v. Community meetings should be scheduled during non-business hours and at reasonable times to allow attendees who work during the day an opportunity City of Palm Desert, CA
§ 25.60.160 § 25.60.160
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to attend.
vi. Applicants may also, in addition to the in-person meeting, provide an option for participating by teleconference.

4. For any application that requires a Community Engagement Plan, the applicant shall host a minimum of 2 community meetings to provide information and receive feedback about the project. Follow-up meetings may be required by the Director of Development Services.
a. The first community meeting shall occur not more than 30 days prior to, and not later than 20 days after, the date when the project application is submitted to the City. To the extent practical, the first community meeting should occur prior to application submittal to the City.
b. The second community meeting shall occur within 30 days after the date when the project is deemed or determined to be complete.
c. There shall be at least 1 day between the required community meetings in subsections (B)(4)(a) and (b), above.
d. The Director of Development Services may approve alternative scheduling of the required community meetings as reasonably necessary.
e. The applicant is solely and exclusively responsible for holding the community meetings in accordance with this section. The community meetings shall not be considered a public hearing or meeting on the project.

5. The applicant shall prepare a Community Engagement Report summarizing the outcome of the community meetings required by this section, and submit the Community Engagement Report to the City prior to the first public hearing or other public meeting for the project held by the City. The Community Engagement Report will be included as an exhibit as a part of the agenda report that is published prior to the public hearing. The Community Engagement Report shall include the following:
a. Dates, times, and locations of all meetings that attendees were invited to attend to discuss the project and the subject request.
b. The names and affiliation of those that attended that represent the applicant. c. The names and department of staff that attended the meeting. d. A sign-in sheet listing the names of the attendees that participated in the process. e. The applicant shall provide any written comments and/or a written summary of any significant issues or concerns raised by attendees during the community engagement meetings.

6. The applicant shall coordinate with staff for the notification of community meetings with property owners, including any association for a common interest development, within 1,000 feet of the proposed project.

City of Palm Desert, CA
§ 25.60.160 § 25.60.160
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(Ord. 1375 § 2, 2022; Ord. 1425, 2/13/2025)

7. City staff is to be present at the meeting to observe, collect information, and provide answers, as needed, related to the General Plan, and applicable codes and ordinances of the City.
a. The applicant shall coordinate the scheduling of all community meetings required under this section with the City's project planner and include City staff in all notices of meetings.

8. The entitlements will include a condition of approval on residential and/or owneroccupied projects, that the applicant will disclose, as part of any closing documents, the City's General Plan and Housing Element sites adjacent to the project.

City of Palm Desert, CA
§ 25.60.160 § 25.60.160
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1 September 2013
City of Palm Springs

DEPARTMENT OF PLANNING SERVICES

DEVELOPER NEIGHBORHOOD PROCEDURES
The City of Palm Springs strongly recommends that project applicants meet with surrounding property owners and Neighborhood Organizations located in or near the project to solicit input in the beginning stage of the design and development process.

Some of the benefits that can result from early consultation with the neighbors:
 Neighborhood feedback can strengthen projects and add value to final results.  Neighborhood feedback may prevent problems at a later stage in the development process, often avoiding expensive delays.  The Planning Commission and the City Council prefer to know that development applicants have contacted Neighborhood Organizations and sought their input.

APPLICANT’S STEPS TO TAKE FOR ANY NEIGHBORHOOD MEETING:

SETTING UP
 Meeting should be held at least 7 days prior to the Architectural Advisory Committee or Planning Commission meeting (whichever comes first).
 Determine a place and time for your meeting, within the following guidelines:

Time: Start between 5:30 p.m. – 6:30 p.m.

Days: Monday, Tuesday, or Thursday only.

Place: Use a commercial or public location (not a private residence), as close as possible to the project location, and located within the city.  Prepare notice with contents:
a. Thorough description of proposed project. Include “From . . . To . . .,” street address and / or Assessor Parcel Number.
b. Date of meeting.
c. Time of meeting: Provide a start time, but do not list an end time. 405
2 September 2013
d. Place of meeting: Include room number / name and directions. e. Contact name and phone number for night of meeting for directions / questions (contact number must be available up to and during the time of the meeting). f. Tentative date of Architectural Advisory Committee or Planning Commission meeting.
 Fax or E-notice meeting information to the Department of Planning Services 760-322- 8360. City staff will assess for suitability of time and location. Approval or corrections to notice will be faxed back within 1-2 working days.

MAILING
 Approved notices are to be mailed to all property owners and Lessees and Sub-Lessees (as recorded with the Riverside County Assessor’s office) within five hundred (500’) of subject property and electronically mailed to City of Palm Springs registered Neighborhood Organizations within one half mile of subject property.  Notices should be postmarked at least 10 days prior to the neighborhood meeting date.

MEETING
 Applicant and/or representative(s) to conduct the meeting, answer questions and open and close the facility. City staff will attend, but only to monitor.  Applicant to have someone available to answer the phone number given at least one half (1/2) hour before and after the start time regardless of attendance.  Applicant to remain on-site at least one half (1/2) hour after the start time regardless of attendance.

STAFFING
 City staff will attend the meeting to observe only. They will be available to answer technical questions as necessary
FILING
 Applicant to complete the Neighborhood Meeting Affidavit indicating time and date of meeting and attach the mailing list used along with a copy of the notice.  Deliver affidavit and mailing list to the Department of Planning Services, at least seventytwo (72) hours prior to the Architectural Advisory Committee or Planning Commission meeting (whichever comes first).
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City Council

POLICY STATEMENT
Subject Development Project Public Involvement Policy
Purpose
Policy No.

Date Issued
84 11/12/2024
Resolution No. 2024-250
To help ensure applicants proposing certain development projects are aware of and have considered input from interested and affected stakeholders prior to project consideration by city decision makers. The policy is intended to supplement and not replace or conflict with legal noticing requirements or any other required public involvement for development applications.

Background
This policy provides the requirements for project applicants to identify potentially interested and affected members of the public; provide additional opportunities for input; and report public input and how it was considered to city staff, stakeholders and city decision makers during the public hearing process.

Statement of policy
To require that certain development projects considered by the Planning Commission, or the City Council engage the public to inform and solicit input from interested and affected stakeholders prior to project consideration by city decision-makers. Failure to comply with the requirements set forth within this policy shall cause the application to be deemed incomplete pursuant to Carlsbad Municipal Code Section 21.54.0lO(F).

Procedure
The following establishes the minimum requirements necessary to notify and seek input from stakeholders on applications that require approval by the Planning Commission or City Council.

Applicants are encouraged to begin engaging and soliciting public input prior to application submittal, however outreach conducted prior to submittal does not satisfy the requirements of this policy.

CATEGORY A- EARLY PUBLIC NOTIFICATION
The following applies to all applications requiring approval from the Planning Commission or City Council, irrespective of project size, permit type or location.

Early Public Notice-Content
Applicants are required to prepare a public notice that contains the following minimum materials and information:
• A brief description of the proposed project, including the following:
o Project name
o Address and nearest cross streets
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City Council Policy Statement
Nov. 12, 2024

o The proposed use, anticipated number of dwelling units, project features o Building square footage(s)
o Maximum height
• The applicant name, contact person, telephone number and email address. • City project planner name, telephone number, and email address • 8-1/2" x 11" site plan and building elevations
• How the public can provide input.

Early Public Notice - Recipients
The applicant shall mail the early public notice to the following stakeholders, within the timeframe and method specified:
• Notice shall be postmarked within 30 days following the date of application submittal. • Notice shall be delivered via U.S. Postal Service, First Class Mail. • Property owners within a 600-foot radius of the subject property according to the latest equalized assessment rolls current as of the date of the application. If the 600-foot radius yields fewer than 20 properties, the project applicant shall extend the radius until 20 or more properties are reached.
• The homeowners association of which the subject property is a part (if any). Notice shall be mailed to both the property management company and HOA board of directors. • Occupants within a 100-foot radius of the subject property.

Early Project Notification Sign - Content & Installation The project applicant shall post a project notice sign on the project site consisting of the following information, within the timeframe and method specified:

Timing:

Duration:

Content:

Sign shall be posted within 30 days of the application submittal date Sign shall remain posted, legible and in good physical condition until final action is taken on the permit application by the decision-making authority • Project name and city assigned case number(s)
• Brief project description. At a minimum, the description shall include number of planned residential units, square footage of commercial space, maximum height, and buildings proposed for demolition • Project applicant and representative (if different) contact information • City project planner contact information
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Nov. 12, 2024

Format:

Location:

Utilize a template provided by the City of Carlsbad
Clearly visible from the street that fronts the subject property and located at the most highly trafficked portion of the property.

Early Public Notice - Documentation
The project applicant shall sign and submit an affidavit, signed under penalty of perjury, on a form provided by the city that the notice was prepared and mailed, and that the project notice sign was prepared and posted, in accordance with this policy. The affidavit shall be signed and provided to the city within 15 days following the notice mailings or sign posting, whichever comes last.

CATEGORY B - ENHANCED PUBLIC ENGAGEMENT
Significant development applications are required to complete additional enhanced public engagement as described below.

Applicability
The following proposed development applicants shall complete enhanced public engagement for private or public entity development applications that require a permit approval by the Planning Commission or City Council:
• Residential development consisting of 10 or more residential lots or residential units • Non-residential development project proposing a total of 50,000 square feet or more of habitable space
• Mixed-use development project (residential and non-residential uses in the same building or on the same site), irrespective of size or unit count • A Conditional use permit (excludes Minor Conditional Use Permit) • A development project that requires a variance (excludes minor variance). • A development project that requires a General Plan amendment, zone change, a master plan or specific plan
• A development project that requires a major amendment to a master plan or a specific plan.
• A development project that requires an amendment to the city's Habitat Management Plan
The provisions of this policy shall not apply to permit applications for streamlined approval pursuant to SB35 (Gov. Code 65913.4).
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Enhanced Public Engagement Notice - Content
Eligible projects mail additional information to additional community members as part of their project notice mailing packet (referred to as the "enhanced public engagement notice"). The additional mailed information must include the following minimum information. • Site plan and elevations or renderings, each provided on minimum 8½" x 11" paper • Written description of the proposed project. The description needs to provide enough information to offer a general understanding of what is being proposed and where to go to learn more about the project. At a minimum, the description shall include the following information:
o Project name and city assigned case number(s)
o Project address and nearest cross streets
o Type of permit(s) being requested
o Name of the applicant and representative (if different) and their mailing address, telephone number and email address
o Name of the city project planner assigned to process the application and their mailing address, telephone number and email address
o A description of proposed uses, major project features and amenities, and uses planned to be demolished
- For residential projects, the description page shall include the following:
• Total dwelling units currently proposed
• How many dwelling units will be market-rate and how many affordable • Square footage range of the market-rate and affordable units • Total number of buildings and each building's square footage and building height shown in stories and feet (e.g., one story/35 feet) - For nonresidential projects, the description shall include the following:
■ Total number of buildings and each building square footage and height shown in stories and size (e.g., one story/35 feet)
• Intended purpose and use of each building
- For mixed-use projects (combination of residential and non-residential uses), notices shall contain the information required for residential and nonresidential projects.
o Total number of proposed parking stalls and size and height of parking structures, if proposed.
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o If the project proposes deviation of city adopted development standards, a description of the current city standard and how the applicant proposes it be changed
o Project website address
o Expected entitlement timeline (estimated date the project will be considered for decision by the city) and which decision-making body will consider the project for approval
o Description of how the public can provide input and to be added to a list for future project related updates
Enhanced Public Engagement Notice - Recipients
The enhanced public engagement notice shall be mailed to the following recipients:
• All property owners and occupants located within a 600-foot radius of the project, measured from the property line of the project site.
• If the 600-foot radius yields fewer than 30 properties, the project applicant shall extend the radius until 30 or more properties are reached.
• The homeowner association of which the subject property is a part (if any). Notice shall be mailed to both the property management company and HOA board of directors. • Notice shall be postmarked within 30 days following the date of application submittal. • Notice shall be delivered via U.S. Postal Service, First Class Mail.

Enhanced Public Engagement Project Notification Sign - Content & Installation The project applicant shall post a project notice sign on the project site consisting of the following information, within the timeframe and method specified:

Timing:

Duration:

Content:

Sign shall be posted within 30 days of the application date and at least 14 days prior to the public outreach meeting
Sign shall remain posted and in good legible and physical condition until final action is taken on the permit application by the decision-making authority • Project name and city assigned case number(s)
• Brief project description. At a minimum, the description shall include number of planned residential units, square footage of commercial space, maximum height, and buildings proposed for demolition
• Project applicant and representative (if different) contact information • City project planner contact information
• Project website address
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Format: Utilize a template provided by the City of Carlsbad Location:
• Sign shall be freestanding (not affixed to an existing structure) • Sign shall be clearly visible from the street that fronts the subject property and located at the most highly trafficked portion of the property. • If the project fronts multiple public streets (public alleyways excluded), a sign is required along each street frontage.

Public Outreach Meeting
Project applicants shall conduct at least one in-person public outreach meeting with the community. Additional meetings are encouraged and recommended but not required. The minimum requirements of the public outreach meeting shall include the following:
• The public outreach meeting shall be held in the evening (after 5 p.m.) or on the weekend to maximize participation. On-site meetings are encouraged. • The public outreach meeting shall take place within 60 days following the application submittal.
• Announcement of the public outreach meeting shall be mailed to those recipients included in the enhanced public engagement notice mailing packet, as well as other parties who have notified the applicant or the city that they wish to be informed about the project.
• Announcement of the public outreach meeting shall be post marked at least 14 days in advance of the outreach event and posted to the project' s website. • Announcement of the public outreach meeting may be included as part of the enhanced public engagement project notice mailing packet, so long as it is postmarked at least 14 days before the meeting date.
• If the announcement of the public outreach meeting is not included in the enhanced public engagement notice, the project applicant must mail a separate notice announcing the meeting that is postmarked at least 14 days in advance of the public outreach meeting. The notice must be sent to the same list of recipients required for the enhanced public engagement notice and should include the same information as the enhanced public engagement notice along with meeting date and time, meeting location name and address, and parking, directional information and any other logistics people would need to know to be able to easily access the location where the outreach meeting will be held.

Public Outreach Website
Project applicants shall create and maintain a project website that complies with the following minimum requirements.
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• All the information provided in the Enhanced Public Engagement Notice Mailing shall be included on the project website.
• The website shall either allow individuals to provide comments via an on line public comment form or forum or offer alternative ways to provide comments via email or U.S. mail.
• The website shall be published at least 30 days following the application submittal date and at least 14 days prior to the public outreach meeting and remain visible until the decision-making authority makes a final determination on the application.

Documentation
The project applicant shall submit an Enhanced Public Engagement Report to the city's project planner assigned to the project, in a format provided by the city, documenting the following:
• A comprehensive summary describing the outreach that was conducted,., including:
o Individuals/organizations invited to participate
o Individuals/organizations who participated
o A summary of ALL input provided to the applicant by the public via the public outreach meeting, website, email and phone calls
o The applicant's response to this input, including commitments or follow-up actions that were/will be taken by the applicant
• A spreadsheet listing, at a minimum, the names and addresses of those notified and those who asked to be notified in the future.
• Copies of all notices and any other informational materials provided to the public, noting the method and date of distribution.
• Screen shots of all pages of the project website.
• Copies of comment cards, survey results, emails, letters and comments in any other form submitted to the applicant.

Along with the Enhanced Public Engagement Report, the applicant shall sign and submit an affidavit, signed under penalty of perjury, on a form approved by the city, that the contents of the outreach report are accurate and true and that all requirements set forth within this policy have been met.

The Enhanced Public Engagement Report and affidavit shall be submitted to the Planning Division for review in conformance with this policy within 120 days following initial submittal of the permit application.

Once the Planning Division confirms that the report is complete and meets the requirements of the policy, the project applicant shall provide a copy of the report (in print and/or electronic 413
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form) to any stakeholder that requests a copy. In addition, members of the public may obtain a copy of the report from the city, once accepted as complete.

City staff shall include in the staff report to the Planning Commission or City Council a brief synopsis of the project applicant's outreach activities and results as documented in the outreach report and shall include the Enhanced Public Engagement Report in its entirety as an attachment to the staff report.

Notes on Stakeholders and Noticing
Stakeholders who become aware of a project application after the project applicant has conducted early stakeholder outreach may still request to be notified regarding the project from city staff. However, the outreach report is not required to be updated once it has been accepted as complete by the city. It is at the project applicant's discretion whether to engage in additional stakeholder outreach once the requirements of this policy have been met.

Regular noticing by the city for public hearings is not a part of this process and would commence when the application is deemed complete and is scheduled for public hearings by city staff. Additionally, public notice and review requirements under other local ordinance, state or federal law are independent of and not fulfilled by the outreach requirements of this policy. This would include but is not limited to requirements under Carlsbad Municipal Code, the California Coastal Act, the California Environmental Quality Act, or the National Environmental Policy Act.

Project Changes
Enhanced public engagement must be done within the first 30 days of project submission.

Changes to project design are anticipated and encouraged to respond to stakeholder input.

However, significant changes to the project following initial project noticing will require mailing of an updated enhanced public engagement notice and installation of an updated project sign, consistent with the requirements specified in Category B. Significant changes are defined as:
• Change in 20 percent or more of unit numbers or square feet of non-residential development
• The number of affordable housing units provided changes by 5% or more • Site plan changes resulting in a shift in lot coverage of 20% or more • Change in building height by 5 or more feet
Administration
The City Planner shall be responsible for administering this policy. The City Planner, in consultation with the City Attorney's Office is authorized to create and modify forms, hand-outs and guidelines as they deem appropriate to effectively administer this policy. 414
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Nov. 12,2024

The Planning Division shall maintain a list of applications subject to this policy and keep records of individuals and organizations who request to be notified of such applications, and shall furnish such records to project applicants for purposes of complying with this policy. 415
1 PLANNING COMMISSION - REGULAR MEETING
Council Chambers, 99 E Ramsey Street, Banning, CA
Wednesday, May 7, 2025 - 5:30 PM

MINUTES

1. CALL TO ORDER at 5:32 p.m.

1.1 PLEDGE OF ALLEGIANCE

1.2 ROLL CALL

COMMISSIONERS PRESENT ABSENT
Castorena, Chris X
Dale, Kathleen X
Rodriguez, Nathaniel X

2. ELECTION OF OFFICERS

2.1 Planning Commission Selection of Presiding Officers.

A. Nominations for Chairperson
Commissioner Rodriguez nominated Commissioner Dale to serve as Chairperson, which was second by Commissioner Castorena.

ACTION: Motion/Second (Dale/Castorena); Motion Carried 3-0 to select Dale for Chair.

B. Nominations for Vice-Chairperson
Commissioner Castorena nominated Commissioner Rodriguez to serve as Vice-Chairperson, which was second by Commissioner Rodriguez.

ACTION: Motion/Second (Dale/Rodriguez); Motion Carried 3-0 to select Rodriguez for ViceChair.

3. PUBLIC COMMENTS
No public comments

4. CONSENT AGENDA

4.1 Approval of the meeting minutes for March 5, 2025, Regular Planning Commission meeting. 416
2 Chair Dale noted revised meeting minutes were provided by staff. Chair Dale opened public comment for the consent agenda and seeing none, the Chair closed public comments.

ACTION: Motion/Second (Castorena/Rodriguez) to approve the revised minutes.

COMMISSIONERS YES NO ABSTAIN RECUSE ABSENT
Castorena X
Dale X
Rodriguez X
(Motion Carried 3-0-0) passed.

5. PUBLIC HEARINGS

5.1 Consideration of Design Review (DR) application, Case PLN 24-0149 and DR 23-7007, by WEKA Inc. to allow the development of a 14,800 SF building for warehouse and office use with a storage yard on 4.4-acres of land located at 2300 E. Westward Ave., in the Industrial (I) Zoning District (APN: 532-130-021)
Recommendation: Adopt Resolution 2025-05, Approving design Review Permit, Case PLN 24- 0149 and DR 23-7007, Subject to Conditions of Approval.

Mary Yaryan, Associate Planner, provided the staff report.

Gary Miller, from Miller Architects presented a proposed new facility for WEKA, a secondgeneration trenching and underground utility company relocating to Banning. The project includes an office building with an attached equipment storage and maintenance area. The site features enhanced landscaping, including trees, perimeter planting, and a decorative concrete block wall exceeding City fencing requirements. The representative addressed concerns about metal paneling, explaining that the design uses modern, high-quality panels similar to those on the Toyota dealership, reflecting a professional and contemporary appearance. The building materials align with WEKA’s advanced equipment and operations.

All equipment will be stored within the enclosed yard. The representative emphasized the project’s architectural quality and job creation benefits for Banning and requested project approval.

Ed Bonadiman, Civil Engineer for the project raised concerns about several draft conditions of approval – specifically, a requirement for right-of-way on Westward Ave. He explained that this change would negatively impact driveway grades on the small project site, which were carefully designed to match the Estes improvements along Westward and Scott. He asked for revisions to approximately four conditions to align with plans that had been prepared with a narrower right-of-way on Westward.

Nate Smith, Deputy Director of Public Works and City Engineer for the City of Banning, responded to concerns raised by the applicant regarding the required street dedication and curb alignment along Westward Ave. He explained that the 39’ half-width right-of-way requirement is based on the City’s circulation element and the 1-10 Bypass Project Environmental Impact report (EIR), which designates Westward Ave. as a future divided collector road connecting Banning and Cabazon. While construction drawings do not yet exist, the adopted EIR supports forward-planning for the road classification.

He noted that although some existing dedications are at 30’, the City is conditioning new projects along Westward Ave. for 39’ to align with future infrastructure needs. 417
3 He confirmed that frontage improvement costs are the responsibility of the developer and had not yet calculated the specific financial impact. However, he advised that deferring improvements could result in higher costs for the project or City in the future.

Nate answered clarifying questions of the Commission.

He confirmed that the 6’ street dedication is based on current standards. Septic system use is allowed, with a sewer lateral required for future connection. Gravel yard areas will be reviewed under stormwater regulations. Grading, haul routes, and wall placements were discussed. MSHCP compliance and right-of-way dedications were also clarified.

Jared Himle, Owner of WEKA Inc. said Weka, Inc. is a non-union, prevailing wage pipeline contractor bringing 12 on-site jobs to a new local facility, with 93 employees total and $50M annual revenue.

Chair Dale opened public comments at 6:26 p.m.

Ed Bonadiman emphasized the importance of the requested narrower street width on Westward, moving the curb back 6’ doesn’t make sense and would harm the project. This change would also reduce usable yard space. He requested the Commission to keep Westward Ave. at 33’ half-width and 22’ from curb to centerline. He asked to revise the PW.Map.07 from 39’ to 33’. He mentioned Scott Rd. has 40’ right-of way but only 30’ is needed and suggested the extra 10’ may be vacated in the future.

He asked to revise PW.Street.08. The current plan shows 36’ to 34’ since the street is a dead end. He asked to strike PW.Street.09. He said sight distance calculations aren’t needed, there are no curves, and the condition adds unnecessary costs. He asked to keep Westward and Scott as shown in the map.

Gary Miller said a biologist’s report confirmed the property is not habitat for endangered species and no further county review is deemed necessary.

Green building code requirements will be met (EV charging).

A proposed compromise on street widening: grant right-of way to City but keep curb/sidewalk as planned to avoid hardship on property owner.

Chair Dale Closed Public Comments: 6:34 p.m.

Nate Smith clarified Public Works Conditions:
• PW.Map.07 (Right-of-Way): Still under discussion; relates to Westward Ave. • Street Width (PW.Street.08): Commission supports 34’ of asphalt meets fire access standards.
• Vertical Curve (PW.Street.09): No extra submittal needed if street is straight; curve details to follow Caltrans standards if applicable.
• Street Classification (PW.Street.19): Corrected from “local collector” to “local.” • Westward Ave: Public Works supports keeping current condition as written.

Chair Dale raised concerns that MSHCP consultation with RCA and Wildlife Agencies hasn’t occurred as required prior to the CEQA determination. Key conditions from the bio study (e.g. surveys for burrowing owls and nesting birds and the urban-wildlands interface provision) are missing from current conditions of approval and there are no MSHCP consistency findings in 418
4 the draft resolution.

Chair Dale cannot support project approval based on the record before the Commission. She motioned to continue item for one month to complete required steps.

ACTION: Motion/Second (Dale/Castorena) to continue the item to the June 4th Regular Planning Commission Meeting.

COMMISSIONERS YES NO ABSTAIN RECUSE ABSENT
Castorena X
Dale X
Rodriguez X
(Motion Carried 3-0-0) passed.

6. DISCUSSION ITEMS

6.1 Discussion on Expanding Public Notification Requirements in Banning Zoning Ordinance Related to Land Use Development Applications.

Recommendation: Provide direction to staff for Zoning Ordinance Amendment to be scheduled at a future meeting of the Planning Commission.

David Newell, Community Development Director, provided the staff report.

He said application types covered by Planning Commission are: Conditional Use Permits, Design Review, Development Agreements, General Plan Amendments, Zone Changes, Planned Developments, Specific Plans, Subdivision Maps, and Variances.

The Current Noticing Standards, per State Law and Local Code: Public hearing notices must be mailed to property owners within 300’ of the project site at least 10 days prior to the hearing. Notice must be published in a newspaper of general circulation. The one exception is CUP applications in certain rural residential zones, which require 1200’ radius notification.

Staff examined local practices in Moreno Valley, Palm Desert, Palm Springs, and Rancho Mirage: All exceed the 300’ minimum, with most requiring 500’ to 1,000’ notice for projects over 5-acres.

Rancho Mirage uses a tiered approach if fewer than 25 owners fall within 500’.

Other methods used by other cities: On-site signage, community meetings, community engagement plans submitted by applicants.

Staff seek direction from the Commission on whether to expand public notice requirements beyond state minimums. Based on Commission input, staff will return with draft ordinance changes for formal review and recommendation to City Council.

Chair Dale opened public comments.

Frank Connelly said he would like to see cities with similar populations (e.g. Beaumont, Redlands). He understands community outreach but would not like to overburden developers.

Chair Dale closed public comments.
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5 Commissioner Castorena supports expanding public outreach, especially for larger projects, to rebuild community trust. He emphasized not overburdening small developers but suggested measures like larger notification radius, community engagement plans, on sitesignage, bilingual notices, and inclusive outreach to renters and Spanish-speaking residents.

He also recommended early-stage engagement and clear accessible communication.

Commissioner Rodriguez shared that his current job follows practices similar to Palm Desert and Palm Springs, including 500’ notifications, outreach to renters, and posting on-site signage. He supports a 1,000’ notification radius for projects over five acres, especially in rural areas like Banning, to ensure residents are well informed about upcoming developments.

Chair Dale supported adopting early and transparent public outreach practices modeled after Palm Desert and Carlsbad, including early signage, flexible placement, bilingual and occupant mailings, and neighborhood meetings for larger or high-impact projects. She suggested requiring community engagement plans, staff review of outreach materials, HOA notifications, and re-engagement if a project changes. She also recommended considering the CEQA- “whole of the action” concept in defining the boundary for public notifications. For smaller projects, she supported more limited outreach to avoid being overly burdensome.

6.2 Consider Formation of Industrial Project Review Ad-hoc Subcommittee.

Recommendation: Appoint two members to serve on an Industrial Project Review Ad-hoc Subcommittee.

David Newell, Director said staff proposes to create a one-year ad-hoc subcommittee to help Planning Commissioners review land development projects-especially those with Environmental Impact Reports – before official hearings. The goal is to improve understanding and communication by allowing early review, developer/staff Q&A, and clarification sharing with the full Commission. The subcommittee would follow the Brown Act rules and avoid biased statements.

Chair Dale opened public comments.

Paul Loubet, First Industrial, supports the use of ad hoc meetings, noting they help.

Chair Dale closed public comments.

ACTION: Motion/Second (Castorena/Dale) to appoint two members of the Planning Commission; Castorena and Dale to serve on the Land Development Project Review Ad-hoc subcommittee.

COMMISSIONERS YES NO ABSTAIN RECUSE ABSENT
Castorena X
Dale X
Rodriguez X
(Motion Carried 3-0-0) passed.

7. ANNOUNCEMENTS AND REPORTS

7.1 DIRECTOR’S REPORT
Director Newell announced two open Planning Commission seats. Applications are available 420
6 on the City website and must be submitted by May 30.

7.2 COMMISSIONER REPORTS
Commissioner Castorena shared Planning Commission openings on social media and received some interest. He met with David, Community Development Director to discuss a community benefits checklist and justification statement for large projects to clearly outline public benefits. He submitted a PDF with policy ideas for consideration in the City’s General Plan update.

8. ANNOUNCEMENTS FROM COMMISSION MEMEMBERS

9. ITEMS FOR FUTURE AGENDAS

10. ADJOURNMENT
The meeting was adjourned at 7:58 p.m.

Minutes prepared by:

Sandra B. Calderon
Planning Commission Secretary
These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2).

The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/194?view_id=1&redirect=true All documents related to this meeting are available here:
https://d3n9y02raazwpg.cloudfront.net/banningca/6d80bb7e-76d8-11ef-9b71- 005056a89546-38305488-93fe-4918-9dd7-c67857e7b6c7-1746131841.pdf 421

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Robert Fisher, Acting City Manager
MEETING DATE: June 10, 2025
SUBJECT: Discussion on Changing the City's Retail Cannabis Tax Rate RECOMMENDATION:

Discussion item requested by Council person Richard Royce.

BACKGROUND:

There is established and imposed upon each person who is engaged in business as a cannabis retailer an annual tax at the rates set forth in the Banning Municipal Code.

Every person operating a cannabis retailer shall pay to the City an annual tax in the amount equal to ten percent ( 10% ) of the business’s gross receipts.

This provision of the Banning Municipal Code is enacted solely to raise revenue for unrestricted general revenue and municipal purposes and is intended to be a general tax and is not a special tax. All of the proceeds from the tax imposed by this requirement shall be placed in the City’s general fund to finance the general operations of the City. Such operations may include but are not limited to: paying for basic or enhanced law enforcement or public safety services, park, recreational, and senior services, neighborhood preservations, community services, code enforcement, infrastructure improvement and maintenance, and other such general services.

JUSTIFICATION:

To introduce and provide details of the City of Banning’s Marijuana tax FISCAL IMPACT:

Fiscal year 2024 = $911,337
Fiscal year 2025 = $ 605,802 ( year to date )
ALTERNATIVES:

Modification to tax.

Notwithstanding Elections Code Sections 9217, or the tax rate of ten percent ( 10% ) of gross receipts of a cannabis retailer, the City Council may, in its discretion without the vote of the people of Banning, do any of the following:

Reduce the tax rate for a cannabis retailer.
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Increase any tax rates established by the Banning Municipal Code, not to exceed the maximum tax rate of 15% of gross receipts for a cannabis retailer.

Increase any rates if they had previously been reduced below such rate and, Establish a class of persons that is exempt or excepted from the tax or discontinue any such exemption or exception.

Per the Banning Municipal Code, in no event shall the City Council of the City of Banning increase any rates in excess of those rates specified in the ordinance without approval by a majority of the voters in an election on the increase
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
423