Banning City Council
November 12, 2025

AGENDA

CITY COUNCIL - REGULAR MEETING

CITY OF BANNING, CALIFORNIA
November 12, 2025 Council Chambers
5:00 p.m. 99 E. Ramsey Street
In Chambers Banning, CA 92220
The following information comprises the agenda for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.

This meeting is being held via Zoom so that members of the public may observe and participate in this meeting electronically. If you participate in this meeting via Zoom, you are agreeing to abide by the City's Zoom Community Standards for Public Meetings (provided in full on the last page of the agenda). Esta reunión se lleva a cabo en la Cámara y a través de Video/Teleconferencia en Zoom para que los miembros del público puedan observar y participar en esta reunión de manera electrónica. Si elige participar en esta reunión a través de Zoom, acepta cumplir con los Estándares comunitarios de Zoom para reuniones públicas de la ciudad (que se proporcionan en su totalidad en la última página de la agenda).

To observe and participate in the online video portion of the meeting through your personal computer or device, follow this link:
https://us02web.zoom.us/j/83836126171?pwd=h6YlSBwPJEjVDiEbPc1H8AMIoBIPi2.1 Dial in: +1 669 900 9128
Meeting ID: 838 3612 6171
Password: 605138
Per the City of Banning Manual of Procedural Guidelines, matters taken up by the Council before 10 p.m. may be concluded, but no new matters shall be taken up except upon a majority vote of the council members present and voting. Such an extension shall only be valid for one hour and each hour thereafter shall require a renewed action for the meeting to continue.

1. CALL TO ORDER

1.1 INVOCATION
Performed by Pastor David Kieffer of Our Savior's Lutheran Church

1.2 PLEDGE OF ALLEGIANCE

1.3 ROLL CALL

2. AGENDA APPROVAL

2.1 AGENDA APPROVAL
City Council - Regular Meeting Agenda
November 12, 2025
1 1

3. PRESENTATIONS

3.1 Recycling All-Stars Awards
Recommendation: No action required, awards presentation.

3.2 Retirement Recognition of Public Works Superintendent Carl Szoyka Recommendation: Recognition for the retirement of Public Works Superintendent Carl Szoyka for nearly 38 years of service with the City of Banning.

3.3 Proclamation Honoring Mrs. Alice Louise Feldt Mandelke Recommendation: Proclaim Wednesday, November 12, 2025 as a day to honor Mrs.

Alice Louise Feldt Mandelke.

4. REPORT ON CLOSED SESSION
John Pinkney, Interim City Attorney

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND
REPORTS 5.1 PUBLIC COMMENTS

5.2 CORRESPONDENCE

5.3 APPOINTMENTS

5.4 CITY COUNCIL COMMITTEE REPORTS

5.5 CITY TREASURER'S REPORT

5.6 CITY MANAGER'S REPORT

5.7 CITY ATTORNEY'S REPORT

6. CONSENT ITEMS
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.

6.1 Consideration and Approval of the meeting minutes of the April 8, April 18 and October 28, 2025, City Council meetings.

Recommendation: Approve the meeting minutes of the April 8, April 18 and October 28, 2025, City Council meetings.

6.2 Receive and File Fire Protective Services Statistics for the Month of October 2025.

Recommendation: Receive and file.

6.3 Receive and File Code Enforcement Statistics for the Month of October 2025 Recommendation: Receive and file.

6.4 Receive and File Police Department Statistics for the Month of October 2025.

Recommendation: Receive and file.

6.5 Receive and File Animal Control Statistics for the Month of October 2025.

Recommendation: Receive and file.

6.6 Parks and Recreation Report of Monthly Activities through the 1st Quarter of Fiscal Year City Council - Regular Meeting Agenda
November 12, 2025
2 2
2025/2026 - September 2025
Recommendation: Receive and file.

6.7 Community Cleanup and Compost Giveaway Event Update Recommendation: Receive and file.

6.8 Issuance of "Tier II Public Notice" due to Exceedance of Hexavalent Chromium Maximum Containment Level.

Recommendation: Receive and file.

6.9 Authorize the City Manager to sign the Notice of Completion for Project No. 2022-05, “Ramsey Street and Omar Street Intersection Improvements” as complete and direct the City Clerk to record the Notice of Completion.

Recommendation: Authorize execution of the Notice of Completion.

6.10 Consideration of Ordinance 1613, Adopting Amendments to the Banning Municipal Code, Chapters 8 and 15, to Incorporate the 2025 California Building Standards Codes with Local Amendments and the 2025 California Fire Code with Local Amendments Recommendation:

Adopt Ordinance 1613

6.11 Accept an Easement from Tri Pointe Homes for Electric Utility Purposes on Accessor’s Tract Map No. 37389-3 PA 29 within the Atwell Development for the Maintenance of the City-Owned Electric Distribution System
Recommendation: Accept an easement from Tri Pointe Homes for electric utility purposes for Tract Map No. 37389-3 PA 29 within the Atwell development.

6.12 Consideration of Resolution 2025-147, Approving Amendment No. 1 in the Amount of $20,000 for a Total Agreement Amount of $45,000 with Pioneer Americas a Olin Corporation of Atlanta, Georgia for the Purchase of 12.5% Sodium Hypochlorite and Approving an Annual Agreement in the Amount of $45,000 per year for a Total of Five Years Recommendation: Adopt Resolution 2025-147

6.13 Consideration of Resolution 2025-155, Amending the Classification and Compensation Plan Related to two Title Changes
Recommendation: Adopt Resolution 2025-155.

6.14 Consideration of Resolution 2025-157, Granting of a Non-Exclusive Easement to Rancho San Gorgonio, LLC on Westward Avenue between Scott Street and the Eastern City Limit for Access, Ingress, Egress, and Maintenance Purposes
Recommendation: Adopt Resolution 2025-157

6.15 Consideration of Resolution 2025 -158, Approving the First Amendment to the Master Services Agreement (MSA) with Itron, Inc. (Itron) for Software-as-a- Service (SaaS) Agreement for OWCE (Open Way Collection Engine) and ISM (Itron Security Manager).

Recommendation: Adopt Resolution 2025-158

6.16 Consideration of Resolution 2025-159, Receipt of a One-time Transfer of Funds from the Clean Fuel Reward (CFR) Program
Recommendation: Adopt Resolution 2025-159

6.17 Consideration of Resolution 2025-160, Approving a New Purchase Order for GARDA CL West, Inc. to Use During Fiscal Year 2025/2026 and Fiscal Year 2026/2027 for an Amount Not to Exceed $35,000 per year
Recommendation: Adopt Resolution 2025-160

6.18 Consideration of Resolution 2025-161, Awarding a Professional Services Agreement for the City Council - Regular Meeting Agenda
November 12, 2025
3 3
Financial and Financial Forecasting Services to Urban Futures, Inc.

Recommendation: Adopt Resolution 2025-161

6.19 Consideration of Resolution 2025-162, Approving the Professional Services Agreement with Richard Heath & Associates, Inc. for Solar Photovoltaic and Energy Assessment Services Recommendation: Adopt of Resolution 2025-162

7. PUBLIC HEARINGS

7.1 Consideration of Resolution 2025-156, Adopting the Comprehensive User Fee Study Report Prepared by Matrix Consulting Group and Dated October 2025 and the Adoption of an Updated Master User Fee Schedule for the following City Departments and Fee Groups; Electric Utility, Engineering; Film Permits; Finance; Fire; Parks and Recreation; Planning; Building; Police; Utility Billing; Water & Wastewater; Development Services Surcharges Recommendation:

Adopt Resolution 2025-156

8. REPORTS OF OFFICERS

9. DISCUSSION ITEMS

9.1 Western Regional Council of Governments (WRCOG) Vehicle Miles Driven (VMT) Mitigation Program Overview
Recommendation: Provide guidance to staff

10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS

11. ITEMS FOR FUTURE AGENDAS

11.1 NEW ITEMS

1. Update Ordinance 1603 (Flynn) October 2025

11.2 EXISTING ITEMS

1. Animal Control Facility Assessment (Flynn) January 2025

2. Emergency Preparedness (Barrington) January 2025

3. Contractor(s) to do Citywide Cleanup (Flynn) May 2025

4. Review and Update Council travel Policy (Flynn) May 2025

5. Streamline Procurement Policy (Flynn) August 2025

6. Community Garden, Sun Lakes (Flynn) September 2025

12. ADJOURNMENT
Next Regular Meeting – December 9, 2025
Zoom Community Standards for Public Meetings
By participating in this meeting on Zoom, you are agreeing to abide by the City of Banning’s Community Standards for Public Meetings. Zoom attendees that fail to adhere to these standards may be removed from the meeting room.

Your microphone must remain on mute, and you may only unmute your microphone when/if you are recognized by the Mayor.

Your camera must be turned off unless/until you are recognized by the Mayor.

To indicate a desire to make Public Comment, you must use the Raise Hand function. The Mayor will not recognize those who have not used the Raise Hand function.

Public Comment from Zoom attendees will immediately follow in-person comment from members of the City Council - Regular Meeting Agenda
November 12, 2025
4 4
public in Council Chambers.

If you fail to adhere to these community guidelines, you may be removed for disrupting the meeting occurring in Council Chambers. You may rejoin the meeting but may be removed for each violation of these community standards.

The chat function will be disabled for all City Council meetings on Zoom.

Estándares comunitarios de Zoom para Reuniones Públicas Al participar en esta reunión en Zoom, usted acepta cumplir con los Estándares Comunitarios para Reuniones Públicas de la ciudad de Banning. Los que atienden por Zoom que no cumplan con estos estándares pueden ser retirados de la sala de reuniones.

Su micrófono debe permanecer en silencio, y solo puede reactivar su micrófono cuando / si es reconocido por el alcalde.

Su cámara debe estar apagada a menos que sea reconocido por el alcalde.

Para indicar el deseo de hacer un Comentario Público, debe utilizar la función Levantar la mano. El alcalde no reconocerá a quienes no hayan utilizado la función Levantar la mano.

Los comentarios públicos de lo que atienden por Zoom seguirán inmediatamente los comentarios en persona de los miembros del público en las Cámaras del Consejo.

Si no cumple con estas pautas de la comunidad, es posible que lo destituyan por interrumpir la reunión que tiene lugar en las Cámaras del Consejo. Puede volver a unirse a la reunión, pero es posible que lo eliminen por cada violación de estos estándares de la comunidad.

La función de chat estará deshabilitada para todas las Reuniones del Ayuntamiento en Zoom.

AFFIDAVIT • DECLARACIÓN JURADA
IT IS HEREBY CERTIFIED under the laws of the State of California that the above agenda was posted on the City's website (www.banningca.gov) as well as the Bulletin Board at Banning City Hall, located at 99 E Ramsey Street, Banning, CA 92220, at least 72 hours in advance of the meeting.
_________________________
Vickie Sellers, Elected City Clerk
Secretaria Municipal Electa
City Council - Regular Meeting Agenda
November 12, 2025
5 5
PUBLIC NOTICE • NOTICIA PÚBLICA
Meeting Agendas and Notices
Interested in receiving email and/or text notifications of upcoming City Council meetings? Sign up for meeting notifications through the City's website. Pursuant to amended Government Code §54957.5(b), staff reports and other public records related to open session agenda items are available on the City's website (www.banningca.gov/).

Public Comment
Agenda Items
Any member of the public may address this meeting of the City Council on any item appearing on the agenda. A five-minute limitation shall apply to each member of the public and no member of the public shall be permitted to share their time with any other person.

Non-Agenda Items
Any member of the public may address this meeting of the City Council on any item which does not appear on the regular meeting agenda but is of interest to the general public and is an item upon which the City Council may act. A three-minute limitation shall apply to each member of the public and no member shall be permitted to share their time with any other person. No action shall be taken, nor discussion held by the City Council, on any item which does not appear on the agenda, unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of §54954.2 of the Government Code.

Special Assistance/Accessibility Requests
In compliance with the Americans with Disabilities Act, any member of the public may request that the agenda and agenda packet be mailed to them. If you need special assistance to participate in this meeting (such as translation services), please contact the City Clerk's Office. Advanced notification of at least 48 hours prior to the meeting will allow the city to make arrangements to ensure your accessibility.
¿Necesita servicios de traducción para participar? Contacto Oficina del Secretario de la Ciudad.

CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | [email protected] 99 East Ramsey Street, Banning, California 92220
City Council - Regular Meeting Agenda
November 12, 2025
6 6

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Holly Stuart, Public Works Program Manager Arturo Vela, Director of Public Works / Interim City Manager MEETING DATE: November 12, 2025
SUBJECT: Recycling All-Stars Awards
RECOMMENDATION:

No action required, awards presentation.

BACKGROUND:

City staff along with its partner, Waste Management, would like to take this opportunity to recognize and showcase community members in both residential and commercial sectors for their contributions to the recycling industry and waste reduction efforts.

JUSTIFICATION:

Per the franchise agreement for collection services, the City's hauler, Waste Management, shall identify a member from both the residential and commercial sectors for their extraordinary efforts in participating in recycling programs and provide recognition at the City Council meeting during the month of November.

FISCAL IMPACT:

No impact.

ALTERNATIVES:

No Alternatives.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Certificate of Recognition - Waste Management Recycling All Stars 2025.pdf 7 PRESENTED TO
Guadalupe Vega
The City Council of the City of Banning recognizes you
for your exemplary recycling efforts as part of
Waste Management’s Recycling All Stars Program
by doing your part to Recycle Often and Recycle Right.

Presented on this 12th day of November, 2025
Sheri Flynn, Mayor
8 PRESENTED TO
Johnny Russo’s Italian Kitchen
of Banning, California
The City Council of the City of Banning recognizes you
for your exemplary recycling efforts as part of
Waste Management’s Recycling All Stars Program
by doing your part to Recycle Often and Recycle Right.

Presented on this 12th day of November, 2025
Sheri Flynn, Mayor
9 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Sandra Calderon, Acting Administrative City Clerk Nate Smith, Deputy Director of Public Works/City Engineer MEETING DATE: November 12, 2025
SUBJECT: Retirement Recognition of Public Works Superintendent Carl Szoyka RECOMMENDATION:

Recognition for the retirement of Public Works Superintendent Carl Szoyka for nearly 38 years of service with the City of Banning.

BACKGROUND:

Carl Szoyka joined the City of Banning Streets department on June 4, 1987 as a maintenance worker on the sign and stripe crew, and grew in his career and was promoted to the Public Works Superintendent position.

JUSTIFICATION:

The Public Works Department wishes to acknowledge and thank Carl Szoyka for his decades of service to the City.

FISCAL IMPACT:

None
ALTERNATIVES:

None
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Certificate of Recognition - Carl Szoyka.docx
10 CERTIFICATE OF RECOGNITION

PRESENTED TO
Carl Szoyka

The City Council of the City of Banning wishes to recognize you for your extraordinary commitment to excellence in
customer service over the past 38 years. We are proud to have had you on the City’s staff team. Thanks for making the City of Banning a better place to live, work & play! Presented on this 12th day of November 2025
Sheri Flynn, Mayor
11 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Sandra Calderon, Acting Administrative City Clerk MEETING DATE: November 12, 2025
SUBJECT: Proclamation Honoring Mrs. Alice Louise Feldt Mandelke RECOMMENDATION:

Proclaim Wednesday, November 12, 2025 as a day to honor Mrs. Alice Louise Feldt Mandelke.

BACKGROUND:

Proclaim Wednesday, November 12, 2025 as a day to honor Mrs. Alice Louise Feldt Mandelke.

JUSTIFICATION:

N/A
FISCAL IMPACT:

None
ALTERNATIVES:

N/A
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Proclamation_Alice Mandelke.pdf
12 Sheri Flynn, Mayor
WHEREAS, the City of Banning recognizes Mrs. Alice Louise Feldt Mandelke on the Occasion of Her 100th Birthday and In Recognition of Her Lifelong Residency in the City of Banning; and WHEREAS, Mrs. Alice Louise Feldt Mandelke began her residency in The City of Banning at the age of four in 1930, attending local schools and graduating from Banning High School; and WHEREAS, Mrs. Alice Louise Feldt Mandelke, together with her late husband Edward Frank Mandelke, built their lives, raised four Children and owned businesses in the City of Banning; and WHEREAS, Mrs. Alice Louise Feldt Mandelke has lived through and witnessed 96 years of Banning’s growth and history; and
WHEREAS, on November 4, 2025, Mrs. Alice Louise Feldt Mandelke celebrated her 100th birthday. A remarkable milestone that reflects a lifetime of extraordinary accomplishments and service to her family, community, and city; and
WHEREAS, it is fitting that the City of Banning publicly acknowledge and commend Mrs. Alice Louise Feldt Mandelke for her remarkable accomplishments and celebrate this joyful occasion:

NOW THEREFORE I, Sheri Flynn, Mayor of the City of Banning, on behalf of the City Council, do hereby proclaim Wednesday, November 12, 2025, as A Day to Honor Mrs. Alice Louise Feldt Mandelke
BE IT PROCLAIMED this 12th day of November, 2025.

City of Banning OFFICE OF THE MAYOR
13 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Sandra Calderon, Acting Administrative City Clerk MEETING DATE: November 12, 2025
SUBJECT: Consideration and Approval of the meeting minutes of the April 8, April 18 and October 28, 2025, City Council meetings.

RECOMMENDATION:

Approve the meeting minutes of the April 8, April 18 and October 28, 2025, City Council meetings.

BACKGROUND:

After every meeting, the City Clerk's Office prepares meeting minutes. The City Council reviews and approves these minutes either as presented or with modifications.

JUSTIFICATION:

These minutes have been prepared as summary minutes in accordance with City Council Resolution 2025-22 and Government Code Section 36814, 4801, and 54953 (c)(2).

FISCAL IMPACT:

None
ALTERNATIVES:

1. Approve as recommended.

2. Approve with modifications.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. 2025 04 08 _ City Council _ Closed Session _DRAFT.pdf

2. 2025 04 08 _ City Council _ Regular Meeting_DRAFT.pdf

3. 2025 04 18 _ City Council _ Workshop_DRAFT.pdf

4. 2025 10 28_ City Council_Closed Session_DRAFT.pdf

5. 2025 10 28_City Council_Workshop_DRAFT.pdf
14 1

MINUTES

CITY COUNCIL - SPECIAL MEETING (CLOSED SESSION)

CITY OF BANNING, CALIFORNIA
April 8, 2025 Council Chambers
3:00 p.m. 99 E. Ramsey Street
In Chambers Banning, CA 92220
The following information comprises the minutes for the special meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.

1. CALL TO ORDER – 3:00 PM
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: John O. Pinkney, Interim City Attorney
Robert Fisher, Interim City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Acting Administrative City Clerk

TELECOMMUTING LOCATION
Council Member Miller will be participating remotely from the following location: Room 233, 816 N Atlantic Ave., Daytona Beach, Florida 32118. Members of the public are invited to participate remotely from this location

2. PUBLIC COMMENTS - Agenda Items Only
None

3. CLOSED SESSION
John Pinkney, Interim City Attorney read closed session items.

3.1 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION –

SIGNIFICANT EXPOSURE TO LITIGATION
Pursuant to Government Code Section 54956.9(d)(2) and/or (3) Two Potential Cases

3.2 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

POTENTIAL INITIATION OF LITIGATION
Pursuant to Government Code Section 54956.9(d)(4)
15 2
One Potential Case

3.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: Interim City Attorney

3.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Case: Sun Lakes Highland, LLC et. al. v. City of Banning et. al., U.S. Dist. Ct., Central Dist., Case No. 5:24-cv-02603-DTB

3.5 CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Pursuant to Government Code Section 54956.9(d)(1) Case: Pass Action Group v. City of Banning et. al., Riv. Sup. Ct. Case No.

CVRI2201482

3.6 CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION Pursuant to Government Code Section 54956.9(d)(1) Case: Estate of Fernando Guerrero Esparza v. City of Banning, Riv. Sup.

Ct. Case No. CVRI2500593

4. ADJOURNMENT
Minutes prepared by: Amanda Morgan, Program Coordinator Minutes reviewed and submitted by: Sandra Calderon, Acting Administrative City Clerk.

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/231?view_id=1&redirect=true 16 1

MINUTES

CITY COUNCIL - REGULAR MEETING

CITY OF BANNING, CALIFORNIA
April 8, 2025 Council Chambers
5:00 p.m. 99 E. Ramsey Street
In Chambers Banning, CA 92220
The following information comprises the minutes for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.

TELECOMMUTING LOCATION
Council Member Miller will be participating remotely from the following location: Room 233, 816 N Atlantic Ave., Daytona Beach, Florida 32118. Members of the public are invited to participate remotely from this location.

COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: John O. Pinkney, City Attorney
Robert Fisher, Interim City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Acting Administrative City Clerk

1. CALL TO ORDER – 5:25 P.M

1.1 INVOCATION
Performed by Reverend Preston Norman, Jr. of Praise Tabernacle Community Church

1.2 PLEDGE OF ALLEGIANCE

1.3 ROLL CALL

COUNCIL MEMBER PRESENT ABSENT
Barrington, Cynthia X
Flynn, Sheri X
Miller, Leroy X
Royce, Richard X
Wallace, Colleen X
17 2

2. AGENDA APPROVAL

2.1 AGENDA APPROVAL
Motion to approve the agenda made by Councilmember Barrington and seconded by Mayor Pro Tem Royce.

Motion carried unanimously 5-0

3. PRESENTATIONS

4. REPORT ON CLOSED SESSION
John Pinkney, Interim City Attorney, provided the report

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS

5.1 PUBLIC COMMENTS
Mayor Flynn opened public comments
Pastor David Kieffer expressed his concern over labeling initiatives as pet peeves urging the focus to be brought back to community needs. He highlighted residents’ anxieties with the rising electric bills and suggested having an electric department representative present at each meeting to address the concerns.

He encouraged Council to recognize and thank the many volunteers and local organizations who assist with homelessness, house and food insecurity, cautioning that relying on outside companies may undermine these community efforts. He asked the Council to collaborate with local nonprofits to evaluate what’s already working within the city before seeking external help.

Timothy Smith thanked the Utility Department for maintaining reliable water and electricity services but noted ongoing problems with billing that need to be fixed. He expressed appreciation for the new streetlight at Highland Home and Wilson, saying it has greatly improved safety in that area. However, they raised concerns about the intersection at Highland Home and Ramsey, calling it very dangerous due to frequent multi-vehicle accidents and increased traffic from nearby developments. He requested that a traffic light be installed there to reduce collisions. He also pointed out that the trees along Ramsey obstruct drivers’ views when they turn, making it difficult to see oncoming cars traveling at high speeds, and asked that the issue be addressed for visibility and safety.

Vincent Marruffo spoke on the history of the St. Boniface School, rejecting claims that it was beneficial to Native American children. He described severe mistreatment of their ancestors, including physical punishment, poor living conditions, and reports of child molestation, which caused lasting trauma. He referenced ongoing federal and state investigations into boarding schools and burial sites that Assemblymember James Ramos and Governor Newsom support. He urged the Council to acknowledge the dark history and healing for the harm suffered by Native families.

Estelle Lewis expressed safety concerns about drivers illegally turning right off the I-10 ramp onto Highland Springs, stating it’s dangerous and could lead to various accidents. She raised concerns about issues near Wilson and Florida, where traffic congestion around the school and cars parking too close to driveways make it difficult and unsafe for residents to exit. She encouraged more cooperation and respect during city meetings, saying hostility reflects poorly on the community and discourages new residents.
18 3
Diego Rose expressed appreciation for the positive changes and direction the City of Banning has taken. He noted that division and unrealistic expectations in society often hinder progress but commended the city for fostering more transparency and collaboration. He reflected on personal growth and emphasized the importance of unity, open discussion, and understanding how things truly work. He concluded by thanking the city leadership for focusing on practical, businesslike operations that produce real results rather than just talk.

Frank Connolly, spoke on errors in the financial report, stating the information is inadequate and unacceptable. He expressed that such mistakes reflect poorly on a city that already faces economic challenges and reputation issues. He stated that these inaccuracies are obvious to a third grader and damage public trust. He urged that the person responsible for the errors be addressed.

Mayor Flynn closed public comments

5.2 CORRESPONDENCE
None

5.3 APPOINTMENTS
None

5.4 CITY COUNCIL COMMITTEE REPORTS
Councilmember Wallace reported on attending her first San Diego Government Association meeting, where most of the discussions focused on San Diego County but included updates for Riverside County. Plans are being developed to enhance regional transportation by connecting Temecula and Riverside County to CSU San Marcos and Palomar College through an I-15 lane connector, as well as expanding train and bus routes to the Coachella Valley. She noted environmental efforts using dirt from Cabazon to assist in corrosion prevention in Pacific Palisades and mentioned that the Southern California Clean Cities Coalitions were designated by the US Department of Energy for administrative oversight. She concluded her report by noting positive progress in the Riverside County Conservation Authority’s budget and habitat efforts for local wildlife species.

Mayor Pro Tem Royce reported that he and Councilmember Miller met with the Morongo chairpersons and the council for an introductory meeting. Noting it had been added to the agenda, the discussion was positive and covered topics including St. Boniface school, the airport, water issues, and the animal shelter. No formal action was taken, but both parties plan to meet again soon to explore topics in more detail.

Councilmember Barrington reported that she met with members of the Chamber of Commerce and discussed business owners’ concerns and ways to make the City of Banning more business friendly. She also reported that she attended the Chamber’s Installation Dinner, where Ernest Siva received the Citizen of the Year award. She noted the event and presentation were very nice.

Councilmember Miller reported that RTA is donating minibuses to nonprofit organizations needing transportation: interested groups should apply, and more details will become available in June. He also reported that the meeting with Morongo went well, with both sides open for collaboration. He noted that Ernest Siva received a Lifetime Achievement Award and Pastor Todd was named Citizen of the Year at the Banning Chamber of Commerce Installation Dinner.

Mayor Flynn reported that she attended the Banning Chamber of Commerce Installation Dinner, describing it as a pleasant event. She also attended a WRCOG meeting, where it was 19 4 announced that they plan to purchase a new building to save on rent and generate income by leasing space. During the meeting, a council member from the City of Murrieta shared the success of their community garden, which has inspired a similar project in Banning; this topic is expected to be discussed in an upcoming meeting. Additionally, Mayor Flynn mentioned that she will attend the RCTC meeting and noted the upcoming 2x2 committee meetings—one focusing on truck routes and the other on the animal shelter.

5.5 CITY MANAGER'S REPORT
Ralph Wright, Parks and Recreation Director, provided an update on the department and invited the Council and community to various upcoming events.

5.6 CITY ATTORNEY'S REPORT
John Pinkney, Interim City Attorney, outlined the Council's adopted rules of order and decorum. These rules state that the presiding officer is responsible for determining all points of order, and members should not be interrupted while speaking unless they are called to order.

Council members are expected to show courtesy toward one another, city staff, and the public, refraining from any rude, derogatory, or disruptive remarks. All comments and questions should be directed to the presiding officer rather than individual members or staff. The same standards of respect and order apply to members of the public attending the meetings.

5.7 CITY TREASURER'S REPORT
Sue Savage requested clarification from the City Attorney regarding Banning’s investment authority under Government Code 53607. She asked whether the City Council has authority over all city funds and if the delegation of investment authority, last made in June 2023, is overdue for review. Sue also inquired about who is responsible for presenting the delegation policy to the Council. Additionally, under Government Code 41006, she sought clarification on who has the authority to deputize others to assist in managing the city's investments.

6. CONSENT ITEMS
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.

6.1 Consideration of Resolution 2025- 43, Approving Amendment No. 6 to the Professional Services Contract with AED Energy Services, increasing the Contract amount by $44,500 for a Total Contract Amount of $180,500 for Services Related to the New CNG Station

6.2 Consideration of Resolution 2025-44, Approving the Compressed Natural Gas (CNG) Fueling Memorandum of Understanding (MOU) between the City of Banning and the City of Beaumont

6.3 Consideration of Resolution 2025-45, Approving a Right of Entry Agreement with San Gorgonio Pass Water Agency and United States Geological Survey for Drilling and Maintaining Groundwater Monitoring Well P-4
Mayor Flynn opened public comments
None
Mayor Flynn closed public comments
Motion to approve items 6.1-6.3 made by Councilmember Wallace and seconded by Mayor Pro Tem Royce
Motion carried unanimously 5-0.

7. PUBLIC HEARINGS 20
5 None

8. REPORTS OF OFFICERS

8.1 Receive and File Update on KB Homes Project, Vista Robles, and Impacts to Saint Boniface School Site.

David Newell, Community Development Director, provided the staff report.

Council questions:

Mayor Pro Tem Royce asked whether the wall was intended to be constructed before the building work began, rather than afterward.

Councilmember Miller questioned whether the height of the fencing could be higher than six feet
Mayor Pro Tem Royce clarified that the code and weather circumstances can be processed on a case-by-case basis, noting that a higher fence was specifically requested by Morongo.

Mayor Flynn opened public comments
Diego Rose noted that a 10-foot wall was approved next to his property and erected without any notification. This installation has affected his driveway, trees, and access to his business. He expressed concern that the Planning Department failed to coordinate various projects in the area, leading to conflicts and logistical errors. Although he has been in contact with City staff to seek solutions, he is worried that the City did not fully consider the impact on his property.

Vincent Marruffo expressed concern that the cemetery was not adequately protected before development began, despite prior agreements with the Morongo Band of Mission Indians, other tribes, and the city. He observed tire tracks, construction activity, and markers on the burial grounds, raising questions about whether these actions complied with the California Environmental Quality Act (CEQA). Marruffo mentioned that he had contacted federal and state authorities, as well as tribal representatives, to address the issue. He emphasized that the promised protections, such as erecting a fence before construction started, had not been implemented.

Mayor Flynn closed public comments
Council discussion:

David Newell, Community Development Director, clarified that wall heights are generally limited to six feet, with eight feet allowed only in industrial zones or when a wall is outside the setback area. Regarding CEQA compliance, he stated that the developer constructed the fence in 2022, before site construction began, and that extensive studies and consultations with the Morongo and other tribes were conducted as required by mitigation measures dating back to 2006. The site studies, which identify burial locations, are confidential and not publicly released. He emphasized that the city followed all CEQA procedures and that the public had multiple opportunities to raise concerns before construction approvals in 2006, 2016, and 2024.
21 6
Mayor Flynn inquired why damage occurred despite a fence being erected before construction, and whether there were multiple areas of burial grounds instead of just one spot.

Councilmember Miller provided clarification that the fence and any truck activity occurred outside the area recognized by Morongo for protection. The current fencing being installed is the permanent fence that Morongo wants to put in place.

Mayor Pro Tem Royce clarified the difference between temporary and permanent fencing installations and their respective timelines.

Vernell Williams, Director of Planning for KB Homes, explained that the fencing around the cemetery was installed in late 2022. This decision was made in consultation with both Morongo and the city, and minor adjustments were made as requested. He emphasized that the development has not affected the cemetery itself, and any vehicle activity near it has been solely done by Morongo for maintenance purposes. The agreed-upon fencing is a six-foot steel tube fence, with prior approval from Morongo regarding its type and placement. Williams noted that the request for a taller fence was made only recently and can be discussed separately.

8.2 Consideration of Resolution 2025-46, Approving the Facilities Joint Use Agreement JUA) between the City of Banning and the Banning Unified School District Ralph Wright, Parks and Recreation Director, provided the staff report.

Council questions:

Mayor Pro Tem Royce asked why the Stagecoach Days Association is charged for use of Dysart Park.

Councilmember Barrington inquired about Exhibit A in the JUA and whether the high school performing arts center is included in usage for the city.

Mayor Flynn asked about the approval date for the Banning Unified School District and whether is was correct.

Councilmember Miller asked about staffing costs for each organization.

Mayor Flynn opened public comments
Diego Rose, spoke in support of collaborations between the city, schools, and community groups, noting that past efforts were blocked by district rules. He praised current cooperations as an example of how government should work. He mentioned that the city requiring fees for Stagecoach Days is illogical. He urged reevaluation of facility use agreements since public spaces are already paid for and should be free for community use.

Mayor Flynn closed public comments
Motion to approve Resolution 2025-46 made by Councilmember Wallace and seconded by Mayor Pro Tem Royce.

Motion carried unanimously 5-0.
22 7

8.3 Provide An Update to City Council of an Award of Grant for the Banning Two Way Cycle Track Safety Project, a Quick Build Pilot Study Project Funded by the Southern California Association of Governments
Nate Smith, Deputy Public Works Director, provided the staff report Council questions:

Mayor Flynn clarified if staff is requesting approval of the grant versus choosing exactly the two way, highlighting the community having input
Councilmember Wallace the importance of keeping it two-way with bike lanes Mayor Flynn opened public comments
Pat Murkland, who lives north of Wilson in an unincorporated area, mentioned that the proposed street changes do not meet the grant’s goals because it forces drivers on a long, inconvenient detour and would increase traffic in quiet neighborhoods. She emphasized concerns about safety and disaster preparedness, saying evacuation and emergency routes must remain direct. She also urged preserving historic trees and considering local institutions like the mortuary and schools. She asked the city to involve residents outside the city limits in future discussions, since they would also be affected.

The speaker agreed with the previous speaker and opposed making San Gorgonio Ave. one way or adding bike lanes, calling it a waste of resources and harmful to traffic flow. She highlighted major parking issues near Central and Nicolet schools, noting that removing curb parking for bike lanes would worsen congestion and disrupt school drop-offs and funeral processions. She mentioned that few people bike in the area and that outdated data is being used to justify unnecessary changes. She warned that rerouting traffic could delay emergency response times and believes. the plan would create more problems than solve them, even if funded by a grant.

Council discussion:

Mayor Pro Tem Royce mentioned whether the grant must be accepted with all 15 components or focus on the realistic parts of it.

Mayor Flynn confirmed whether the grant of $800,000 was intended for all 15 projects or solely for the two cycle tracks. He also stated that our obligation for the grant requires the project to remain active for at least six months. If it is deemed unhelpful, it could be removed.

Councilmember Miller stated that the situation is not permanent, but it could address issues in front of the schools. He emphasized that preventing one fatality is crucial and would justify the project.

Mayor Pro Tem Royce did not oppose the grant, but wanted to clarify zones Councilmember Wallace clarified the options one way and two ways, noting keeping it two lanes with bike lane is important.

Councilmember Miller clarified that the item before the council was to accept the grant or not
Motion to approve moving forward in the grant process made by Councilmember Wallace and seconded by Councilmember Miller
23 8
Motion carried unanimously 5-0

8.4 Cure of Potential Inadvertent Brown Act Violation.

John Pinkney, Interim City Attorney, provided the staff report.

Council questions:

Councilmember Wallace confirmed that this is the first and only time this has occurred.

Councilmember Barrington, Mayor Flynn, and Mayor Pro Tem Royce confirmed that this was the only time this had occurred.

Councilmember Miller confirmed that comments or questions from the violating meeting cannot be brought up in the upcoming workshop, where all councilmembers will be present at a properly noticed meeting.

Councilmember Wallace questioned why the City Treasurer was a part of the meeting stating that it is not the position of the City Treasurer to be present at meetings like this.

Mayor Flynn mentioned that the City Treasurer was present because she was the initial contact with SWAG.

Councilmember Wallace stated that for transparency reasons, the City Treasurer should not participate in certain Council discussions since the position is meant to oversee city finances.

Additionally, she should not have initiated contact with SWAG.

Mayor Flynn opened public comments.

Lincoln Bogard, mentioned there may have been another Brown Act violation on the same date for the Budget and Finance Meeting.

Frank Connolly requested clarification on the meaning of SWAG and its connection to the City of Banning.

Mayor Flynn closed public comments
Council discussion:

Councilmember Miller confirmed that the item being addressed was properly noticed and that a Brown Act Violation had occurred, despite a scheduled meeting. He mentioned that the timing of the meeting was noticed to be in the middle of the day, when citizens are working and not available to attend.

Mayor Flynn clarified that it was time all parties could attend.

Councilmember Wallace and Councilmember Miller confirmed they had never received an invite.

Motion made by Mayor Flynn to disregard any information or discussion occurring at the March 13th, 2025 meeting.

No second
24 9
Councilmember Barrington mentioned having a meeting date and time where everyone can attend.

Councilmember Miller said that he would prefer a meeting time when all members of the public can attend.

Motion made by Mayor Flynn to confirm that 3 council members will disregard any information or discussion occurring at the March 13th, 2025, meeting and seconded by Mayor Pro Tem Royce.

Motion carried unanimously 5-0

9. DISCUSSION ITEMS

10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS
Councilmember Wallace announced the Women’s Club fashion show would take place on April 26th at noon. She announced a town hall the same day at 4 PM at Roosevelt Williams Park.

Mayor Pro Tem Royce announced his town hall meeting for April 9th at 5 PM at the council chambers.

Councilmember Barrington announced her town hall for April 17th at 5:30 PM at the council chambers.

Councilmember Miller announced his town hall has been canceled for April 19th and rescheduled l for the 3rd Saturday in May at 10 AM at the Senior Center.

Mayor Flynn announced an upcoming meeting for a presentation by the Interim City Attorney, John Pinkney on April 18th at 10 AM.

11. ITEMS FOR FUTURE

AGENDAS

11.1 NEW ITEMS

11.2 EXISTING ITEMS

1. Update on Community Garden (Flynn)

2. Developer Presentation on Sunset Crossroads Project (Flynn)

3. Contracting Animal Services (Flynn)

4. Emergency Preparedness (Barrington)

5. Changes to the Banning Procedural Manual (Royce)

6. Discussion of Reversing Decision to Close Airport (Royce)

7. Patriot Tree (Barrington)

8. Contractor(s) to do Citywide Cleanup (Flynn)

9. RFP for City Manager (Wallace)

10. Long term City Strategic Planning (Miller)

11. Armory Grant (Royce)

12. Review Grant Management Protocol (Flynn)

13. Update on Electric Billing (Miller)

14. Update on Animal Shelter (Miller)

15. Review and Update Council Travel Policy (Flynn)

12. ADJOURNMENT – 7:39 PM
Motion made to adjourn the meeting by Mayor Pro Tem Royce and seconded by Councilman Miller.
25 10
Motion carried unanimously 5-0
Next Regular Meeting – April 22, 2025
Minutes prepared by: Amanda Morgan, Program Coordinator Minutes reviewed and submitted by: Sandra Calderon, Acting Administrative City Clerk.

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/231?view_id=1&redirect=true 26 1

MINUTES

CITY COUNCIL - SPECIAL MEETING (WORKSHOP)

CITY OF BANNING, CALIFORNIA
April 18, 2025 Council Chambers
10:00 a.m. 99 E. Ramsey Street
In Chambers Banning, CA 92220
The following information comprises the minutes for the special meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.

TELECOMMUTING LOCATION
Council Member Wallace will be participating remotely from the following location: 8323 S.

Figueroa St., Los Angeles, CA 90044. Members of the public are invited to participate remotely from this location

1. CALL TO ORDER – 10:01 AM
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: John O. Pinkney, City Attorney
Robert Fisher, Interim City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Acting Administrative City Clerk

2. PUBLIC COMMENTS
Mayor Flynn opened public comments
John Hagen mentioned and questioned whether Doug still received the $150 monthly utility discount now that he no longer works for the City of Banning. She also questioned who owns the building where Jitters is located, suggesting that the owner should be responsible or charged for cleaning up the area, which was recently cleaned by Juanita. Additionally, she raised concerns about a growing homeless encampment on the lots near Williams and the courthouse stating that there used to be only one lot but are not three lots follow. She urged the city to identify the property owners and have them clear the property or pay for the cleanup.

Mayor Flynn closed public comments
27 2

3. CLOSED SESSION
John Pinkney, City Attorney read closed session items

3.1 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION –

SIGNIFICANT EXPOSURE TO LITIGATION
Pursuant to Government Code Section 54956.9(d)(2) and/or (2) Two Potential Cases

3.2 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION –

POTENTIAL INITIATION OF LITIGATION
Pursuant to Government Code Section 54956.9(d)(4)
One Potential Case

3.3 PUBLIC EMPLOYEE PERFORMANCE
EVALUATION Pursuant to Government Code
Section 54957
Title: Interim City Attorney

4. REPORT OF OFFICERS

4.1 Consideration of a Professional Services Agreement contract with Sloan, Sakai, Young & Wong, LLP.

John Pinkney, City Attorney, provided the staff report.

Council questions:

Councilmember Miller and Mayor Flyn clarified the terms of the contract for update meetings.

Motion made to approve the contract made by Councilmember Wallace and seconded Mayor Pro Tem Royce
Motion carries unanimously 5-0.

5. WORKSHOP

5.1 AB 1234 Ethics, Brown Act, Conflicts, Decorum, Parliamentary Procedure and related training by City Attorney’s office.

John Pinkney, City Attorney, provided the presentation.

6. DISCUSSION ITEM

6.1 Discussion and possible action to approve proposed edits to the City of Banning Manual of Procedural Guidelines. An edited version of the Guidelines is included in the packet for Council consideration.

John Pinkney, City Attorney, provided the staff report.

Motion to approve edits made by Mayor Pro Tem Royce and seconded by Councilmember Miller.

Motion carried unanimously 4-0 with one absence.
28 3

7. ADJOURNMENT – 3:09 PM
Motion to adjourn the meeting made by Councilmember Miller and seconded by Mayor Pro Tem Royce
Motion carried 4-0 with one absence.

Prepared by: Amanda Morgan, Program Coordinator
Reviewed and submitted by: Sandra Calderon, Acting Administrative City Clerk.

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/231?view_id=1&redirect=true 29 1

MINUTES

CITY COUNCIL - SPECIAL MEETING (CLOSED SESSION)

CITY OF BANNING, CALIFORNIA
October 28, 2025 Council Chambers
3:00 p.m. 99 E. Ramsey Street
In Chambers Banning, CA 92220
The following information comprises the minutes for the special meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.

COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: John O. Pinkney, City Attorney
Arturo Vela, Interim City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Acting Administrative City Clerk

1. CALL TO ORDER– 3:00 p.m.

COUNCIL MEMBER PRESENT ABSENT
Barrington, Cynthia X
Flynn, Sheri X Miller, Leroy X
Royce, Richard X
Wallace, Colleen X

2. PUBLIC COMMENTS - Agenda Items Only
No Public Comments

3. CLOSED SESSION
John Pinkney, City Attorney read closed session items.

3.1 CONFERENCE WITH LABOR NEGOTIATIORS
Pursuant to Government Code Section 54957.6 Agency Designated Representatives: Art Vela, Interim City Manager; David Newell, Community Development Director; Michelle Green, Interim Finance Director; Nicole Jews, Human Resources Manager; Oliver Yee, Liebert Cassidy and Whitmore (City Counsel) Employee Organization: Banning Police Manager's Association (BPMA); Banning Police Officer's Association (BPOA)

3.2 CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION 30 2
Pursuant to Government Code 54956.9(d)(1). One Case Tom Miller v. City of Banning (Case No.

CVR12402316).

3.3 CONFERENCE WITH LEGAL COUNSEL REGARDING - ANTICIPATED

LITIGATION - EXPOSURE TO LITIGATION
Pursuant to Government Code Section 54956.9(d)(2) and/or (3). Two potential cases.

3.4 CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(d)(4). One potential case.

3.5 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Pursuant to Government Code Section 54957. Title: City Manager The City Council went into Closed Session at 3:02 p.m.

The City Council reconvened in open session at 4:14 p.m. No reportable action was taken.

The Council did not complete review of all closed session items and will return to closed session after the regular meeting.

4. ADJOURNMENT
Minutes prepared by:

Sandra B. Calderon
Acting Administrative City Clerk
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/250?view_id=1&redirect=true 31 1

MINUTES

CITY COUNCIL - SPECIAL MEETING (WORKSHOP)

CITY OF BANNING, CALIFORNIA
October 28, 2025 Council Chambers
4:00 p.m. 99 E. Ramsey Street
In Chambers Banning, CA 92220
The following information comprises the minutes for the special meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.

COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: John O. Pinkney, City Attorney
Arturo Vela, Interim City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Acting Administrative City Clerk

1. CALL TO ORDER– 4:14 p.m.

COUNCIL MEMBER PRESENT ABSENT
Barrington, Cynthia X
Flynn, Sheri X Miller, Leroy X
Royce, Richard X
Wallace, Colleen X

2. WORKSHOP

2.1 Discussion on Homelessness in the City of Banning
Recommendation: Discussion only.

Interim City Manager, Art Vela presented the staff report and introduced the purpose of the workshop – to provide an open discussion with the City Council and the public regarding homelessness in the City of Banning. He noted that the topic is sensitive and that the workshop was requested by both Council and members of the public to share updates on current efforts and explore next steps.

Art Vela outlined the discussion plan, which included on overview of the legal environment surrounding homelessness, Police Department statistics, homeless encampments, Opportunity Village, and available homeless resources.
32 2
Mayor Flynn noted expired MOUs with the County related to the prison and suggested revising them for funding, The impact of local social service providers was also discussed, with a recommendation to explore fees to offset community impacts.

3. PUBLIC COMMENTS - Agenda Items Only
Mayor Flynn opened public comments.

Member of the public spoke regarding personal experiences and concerns related to law enforcement and community issues.

Lourdes Aceves expresses gratitude for Opportunity Village, sharing a personal story of escaping a domestic violence situation in Los Angeles County and finding refuge in Riverside County. The speaker emphasizes that Opportunity Village provided not just shelter but a lifeline, enabling them to rebuild their life through the Homeless Assistance Program. She now has a job, income, stability, and a sense of purpose, advocating for others in similar situations. Acknowledges the proximity of everyone to homelessness and appreciates Opportunity Village's non-judgmental support.

Jeffrey Platt urges the Council to reconsider closing the shelter. He argues that it's a vital part of Banning's public safety and health system, connecting people to essential services like case management, medical referrals, and job placement. Closing the shelter will shift the problem to public spaces. He emphasizes that the people served are neighbors who have fallen on hard times due to addiction, mental health issues, job loss, or rising rents. He highlights the shelter's role as a center of coordination for nonprofits and faith-based organizations. Platt suggests exploring shortterm resolutions, regional partnerships, and temporary grants to sustain operations, noting that $50,000 a month could keep the shelter running while a permanent solution is found. He also points out that the grants previously covered services like street outreach and community cleanup, with the city only covering a portion of the utility bills.

Rolberg raises questions about the logistics of closing Opportunity Village. He asks how many beds will be available on February 1st 2026, for current residents, where those beds are located, who will transport them, and who will pay for the transport. He also inquires whether residents will receive the same level of case management. Rolberg questions whether closing Opportunity Village increases the city's risk of litigation related to unlawful camping or sweeps and if the City Attorney has issued an opinion on potential liability.

Juanita Diaz expressed her evolving perspective on the homeless situation in Banning. While initially supportive of Opportunity Village, she now believes the city has become a safe haven for surrounding areas and can no longer sustain the burden. She claims to speak for the majority of long-term Banning residents who are tired of the situation. Diaz states that many homeless individuals are not from Banning and do not want help, preferring to remain on drugs. She highlights the city's limited resources, such as policing and cleanup services, and the negative impact of homelessness on the community's cleanliness and safety. She emphasizes the continuous mess created by the homeless population and their perceived lack of care for the city.

Diaz acknowledges the existence of mental health issues but argues that the city cannot save everyone. She believes the $7 million allocated to address homelessness has been ineffective.

She acknowledges the presence of Faith in Action and other nonprofits but criticizes the lack of follow-through in addressing the trash and waste generated by the homeless. Diaz concludes that Opportunity Village is not working and calls for the Council to listen to the concerns of homeowners and business owners.

Martin Jackson raises a Code Enforcement issue regarding parking regulations at an RV park on Ramsey Street. He complains about visitors blocking the driveway, hindering access for residents and potentially violating fire code regulations. He states that he has contacted Code Enforcement but has not received a response. The chair clarifies that this issue is not related to the homelessness workshop and suggests addressing it during the public comment period for other topics.

Coula Ringold expresses opposition to closing Opportunity Village, arguing that it will exacerbate the existing problems of trash buildup and homelessness. She believes that closing the village will lead to more homeless individuals in parks and commercial areas. Suggests continuing to provide 33 3 resources to Opportunity Village, highlighting its success in helping people find jobs and move on with their lives.

Merle Nazareth founder of Healing Waters emphasizes the importance of providing dignity to the homeless and acknowledges Opportunity Village's helpfulness. Nazareth suggests a joint plan involving the city and various organizations to address homelessness, focusing on job training, medical care, and other services. She stresses that homelessness is a widespread issue and that a collaborative approach is necessary to help the homeless and keep the city safe.

Bill Hobbs expresses concern about the impact of homelessness on seniors, particularly in the Sun Lakes shopping center near Albertson’s. Notes an increase in homeless individuals with dogs, some of which appear to be pit bulls, making seniors feel unsafe. He acknowledges that the problem is nationwide but emphasizes the negative changes in the community and the fear experienced by residents.

Terri Smith states that the current approach to homelessness in Banning is not working. While acknowledging that Opportunity Village has helped some, she believes many homeless individuals do not want help and have made choices that led to their situation. Smith expresses concern about safety, citing instances where she has had to walk past homeless individuals and their belongings in her neighborhood. She suggests enforcing laws against loitering and tenting, advocating for the arrest of those who violate these laws. Smith proposes a system where individuals are assessed for addiction or other needs, with options for treatment or group homes. However, those who refuse help should face jail time.

Pastor David Kieffer recalls the opening of Opportunity Village and emphasizes that it is just one piece of the solution to homelessness. He clarifies that Opportunity Village was not intended to solve homelessness in the city but rather to provide a resource for addressing illegal camping.

Kiefer acknowledges the concerns of residents but stresses the need to find a collaborative approach involving various organizations and individuals in the community. He highlights the availability of resources like Faith in Action, Carol's Kitchen, and Opportunity Village and calls for a unified effort to create better and cleaner neighborhoods where all people are respected.

Laura Leindecker states that the current homeless issue is not new and is related to changes in laws that occurred in California in the past. She expresses feeling unsafe in her neighborhood due to the presence of homeless individuals setting up tents and loitering. Leindecker acknowledges the good intentions of those speaking but emphasizes the need for solutions to address the broader issue of homelessness, which she believes extends beyond Opportunity Village.

Kathleen Martin argues against the idea of simply jailing the homeless, stating that they are often released quickly with a citation and return to the streets. She draws a parallel to the closure of the animal shelter, which led to negative consequences for animals. Martin believes that closing Opportunity Village without a viable alternative will worsen the situation.

Loue Gregory emphasizes that Opportunity Village isn't a "cure-all" and that homeless individuals need to be actively recruited and convinced to seek help. He draws a comparison to the animal shelter, acknowledging its imperfections but highlighting its value. He also raises concerns about the city's understaffed police department and questions the Interim City Manager's statement about the lack of clarity regarding the city's financial situation. He defends Opportunity Village's 70% success rate and contrasts it with the juvenile detention system's 2% success rate. He mentions the city had grants for the program and had to pay $600,000 in salary, but those numbers are recovered at the end of each year through grants. He suggests that if the state has six and a half billion dollars in grants, it's all tied to the city's ability to provide an infrastructure for those people to go and be housed. He also emphasizes the importance of housing in any successful program.

Carol Albaugh questions the City Council's legacy and urges them to consider the impact of closing Opportunity Village, calling it a "sin" and a "crime." She shares the story of the starfish to illustrate the importance of making a difference, even if it's just for one person. She suggests giving agencies time to work together on a plan, acknowledging that it will require money, time, and energy.
34 4
Oscar argues that closing Opportunity Village is a "drop in the bucket" and won't solve the complex issue of homelessness. He points out the correlation between increased housing construction and the homeless population, questioning if the city will stop building houses as well.

Mayor Flynn closed public comments.

John Pinkney, City Attorney clarifies that it is not unlawful to be homeless and cities cannot criminalize the status of being homeless, referencing the Grants Pass case and the city's anti- camping ordinance.

Council Discussion:

Decision to close Opportunity Village is not about solving homelessness but about the city's financial inability to sustain it after grant funds expire. Prioritize the city's operational health and financial stability over funding homeless services. Agree that closing Opportunity Village won't solve the problem and suggests activating the homelessness advisory committee.

Mayor Flynn emphasizes the need to enforce existing ordinances and highlights the lack of staffing explains that the city cannot afford to fund Opportunity Village due to the lack of a third grant, which they did not receive due to a 68% rating. She clarifies that the city was paying $600,000 out of the general fund for salaries. She states that the state emphasizes housing, not drug and mental health rehabilitation, which she believes is the root of the problem. She references Proposition 36 and 47 and the rise in drug overdose deaths. She also mentions the lack of accountability in state funding and the decision made in June to close Opportunity Village. She clarifies that the $7 million grant the city turned down was for felons coming out of prison with addiction and mental health issues, which she deemed a disaster for Banning. She states that SWAG wanted Opportunity Village closed and may come back. She questions the 71% success rate of Opportunity Village, citing a 25% success rate and over $3 million spent in the last two years.

Next Steps and Ordinance Review:

Mayor Flynn suggests scheduling a meeting of the homeless advisory committee with staff and community members. Wants to update Ordinance 1603 to align with current laws following the Grant Pass decision.

4. ADJOURNMENT
Motion was made by Mayor Pro Tem Royce and seconded by Councilmember Wallace.

Motion carried unanimously 5-0.

The meeting was adjourned at 6:01 p.m.

Minutes prepared by:

Sandra B. Calderon
Acting Administrative City Clerk
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/251?view_id=1&redirect=true 35 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Sandra Calderon, Acting Administrative City Clerk Todd Hopkins, CalFire Division Chief
MEETING DATE: November 12, 2025
SUBJECT: Receive and File Fire Protective Services Statistics for the Month of October 2025.

RECOMMENDATION:

Receive and file.

BACKGROUND:

City Council has requested CalFire’s Riverside County Division, which provides fire protection services in the City of Banning, to provide specific reports to the public and City Council on a monthly basis.

JUSTIFICATION:

Many Fire and EMS Departments store and analyze statistical data, which can provide a detailed analysis of the types of responses their organization is called to assist. This information is critical to elevating the level of service provided by the Fire Department.

FISCAL IMPACT:

None.

ALTERNATIVES:

Providing statistics keeps the Council, staff, and residents apprised of current fire and paramedic activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. jurisreport_banning.pdf
36 Bill Weiser
Jurisdiction Summary for City of Banning
Fire Chief
Riverside County Fire Department/ CAL FIRE
10/1/2025 to 10/31/2025
Incident Response Activity
*At least 1 Resource Dispatched
Incident Type #
False Alarm 33
Medical 355
Other Fire 4
Other Misc 5
Public Service Assist 26
Res Fire 1
Standby 6
Traffic Collision 17
Vehicle Fire 1
Wildland Fire 4
Incident Total 452
Average Enroute to On-Scene Time
*Units Responding Charlie, Delta, Bravo, Echo, Code 3
7 234 60
0 4.23 77.74
<5 Minutes +5 Minutes
+10 Minutes +20 Minutes
Average Min % 0 to 5 Min
Enroute Time: Unit has been acknowledged as responding.

On-Scene Time: Unit has been acknowledged as being On-Scene.

Transport
*Based on Units with a Transport time
0 Total: 0
Mutual Aid
*Unit responses
Jurisdiction Units Responses
Engine 299
Total: 299
Mutual Aid Given
Engine 167
Total: 167
Mutual Aid Received
30 Brush 12
Chief 14
Engine 216
Patrol 5
PIO 1
Squad 7
Truck/Quint 10
Total: 295
11/1/2025 1:41:28PM Page 1 of 237
Truck Report
MRFT1 recorded 10 responses in City of Banning from 10/1/2025 1:40:10 PM to 10/31/2025 1:40:10 PM
Significant Incidents
11/1/2025 1:41:28PM Page 2 of 238

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Kristine Gutierrez, Community Development Operations Manager Vincent Avila, Chief of Police
MEETING DATE: November 12, 2025
SUBJECT: Receive and File Code Enforcement Statistics for the Month of October 2025
RECOMMENDATION:

Receive and file.

BACKGROUND:

The Banning Police Department provides Code Enforcement statistics to the public and City Council upon request.

JUSTIFICATION:

Statistics tell a city how many Code Enforcement Officers need to be on the street, the types of calls they handle, and the need for additional services. Statistics show increases and decrease in particular areas of Code Enforcement over time.

FISCAL IMPACT:

None.

ALTERNATIVES:

Providing statistics keeps the Council, staff, and residents apprised of current Code Enforcement activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Code Stats Workbook 2025 Oct.pdf
39 Code Enforcement Oct-25 Oct-24 % CHGE YTD-25 YTD-24 % CHGE New Cases Opened 35 38 -8% 623 1307 -52%
Total Cases Open 304 492 -38% 3769 4604 -18%
Notice of Violations Issued 296 177 67% 2173 320 579%
Violations Resolved 192 262 -27% 1673 3672 -54%
Citations Issued 5 1 400% 72 53 36%
Inspections Completed 266 170 56% 1997 1577 27%
Collected Fee's (Citations) 1786.92 0 178692% 7108.59 12480.2 -43% Red Tagged Properties 1 5 -80% 21 18 17%
AVA Program Vehicles Abated 0 0 0% 0 9 -100%
Weed Abatement Cost Recovery 2755.33 4507.74 -39% 94948.39 7739.38 1127% 72 Hour Parking (NOV) CVC 22651 K 23 0 2300% 189 14 1250% Unhoused Encampments Tagged (PC602) 6 0 600% 58 3 1833%

BANNING POLICE DEPARTMENT
OCTOBER, 2025
40 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Yvette Vaca, Administrative Sergeant
Brandon Smith, Acting Chief of Police
MEETING DATE: November 12, 2025
SUBJECT: Receive and File Police Department Statistics for the Month of October 2025.

RECOMMENDATION:

Receive and file.

BACKGROUND:

The Banning Police Department provides statistics to the public and City Council upon request.

JUSTIFICATION:

Statistics tell a city how many police officers need to be on the street, what crimes are being committed, and reveal increases and decreases in specific crimes. Also, cities get funding in part on their crime rates. If a federal crime bill passed, the Government needs to know which cities could benefit the most from those funds, and some cities have been rewarded financially for drastically lowering rates of crime.

FISCAL IMPACT:

None.

ALTERNATIVES:

Providing statistics keeps the Council, staff, and residents apprised of current police activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Good Police Stats Workbook October 2025.pdf

2. Group A Offense Report Ocotber 2025.pdf
41 CRIME Oct-25 Oct-24 % CHGE YTD-25 YTD-24 % CHGE
PART 1 CRIMES
Homicide 0 0 0% 4 2 100%
Rape 1 0 100% 6 4 50%
Robbery 0 0 0% 9 5 80%
Assaults Agg/Simp 9 11 -18% 144 156 -8%
Burglary 2 4 -50% 26 89 -71%
Vehicle Theft 4 8 -50% 47 89 -47%
Larceny 14 19 -26% 116 203 -43%
OTHER
Narcotics 4 6 -33% 63 98 -36%
DUI 9 4 125% 37 19 95%
T/C Non-Injury 18 9 100% 109 139 -22%
T/C Injury 2 4 -50% 38 38 0%
T/C Fatal 0 0 0% 0 0 0%
Transient Calls 158 168 -6% 1689 1503 12%
Unattended Death 2 3 -33% 32 29 10%
246PC 0 0 0% 33 33 0%
Citations 60 74 -19% 1069 822 30%
Total Incidents 3067 3011 2% 31610 30166 5%

BANNING POLICE DEPARTMENT
OCTOBER, 2025
42 Offense Reported
in 2025
Reported
in 2024
Percent
Change
Offenses
Cleared
Percent
Cleared
Percent Of
Category
Rate Per
100,000*
Murder 0 0 NA 0 0.00% 0.00% 0.00
Negligent Manslaughter 0 0 NA 0 0.00% 0.00% 0.00
Justifiable Homicide 0 0 NA 0 0.00% 0.00% 0.00
Non-consensual Sex Offenses:

Rape 1 0 NA 0 0.00% 7.14% 3.13
Sodomy 1 0 NA 0 0.00% 7.14% 3.13
Sexual Assault with Object 0 0 NA 0 0.00% 0.00% 0.00
Fondling 0 0 NA 0 0.00% 0.00% 0.00
Aggravated Assault 5 7 -28.57% 4 80.00% 35.71% 15.63
Simple Assault 4 4 0.00% 3 75.00% 28.57% 12.50
Intimidation 1 2 -50.00% 0 0.00% 7.14% 3.13
Kidnapping/Abduction 2 0 NA 1 50.00% 14.29% 6.25
Consensual Sex Offenses:

Incest 0 0 NA 0 0.00% 0.00% 0.00
Statutory Rape 0 0 NA 0 0.00% 0.00% 0.00
Human Trafficking, Commercial
Sex Acts
0 0 NA 0 0.00% 0.00% 0.00
Human Trafficking, Involuntary
Servitude
0 0 NA 0 0.00% 0.00% 0.00
Crimes Against Persons Total 14 13 7.69% 8 57.14% 24.56% 43.75 Robbery 0 4 -100.00% 0 0.00% 0.00% 0.00
Burglary/Breaking & Entering 2 4 -50.00% 1 50.00% 7.14% 6.25 Larceny/Theft Offenses 14 20 -30.00% 0 0.00% 50.00% 43.75 Motor Vehicle Theft 4 8 -50.00% 0 0.00% 14.29% 12.50
Arson 0 1 -100.00% 0 0.00% 0.00% 0.00
Destruction Of Property 5 9 -44.44% 1 20.00% 17.86% 15.63 Counterfeiting/Forgery 0 0 NA 0 0.00% 0.00% 0.00
Fraud Offense 1 1 0.00% 0 0.00% 3.57% 3.13
Embezzlement 1 0 NA 0 0.00% 3.57% 3.13
Extortion/Blackmail 0 0 NA 0 0.00% 0.00% 0.00
Bribery 0 0 NA 0 0.00% 0.00% 0.00
Stolen Property Offenses 1 0 NA 1 100.00% 3.57% 3.13
Crimes Against Property Total 28 47 -40.43% 3 10.71% 49.12% 87.5 Drug/Narcotic Violations 7 9 -22.22% 6 85.71% 46.67% 21.88 Drug Equipment Violations 5 10 -50.00% 5 100.00% 33.33% 15.63 Gambling Offenses 0 0 NA 0 0.00% 0.00% 0.00
Pornography/Obscene Material 0 1 -100.00% 0 0.00% 0.00% 0.00 Prostitution 0 0 NA 0 0.00% 0.00% 0.00
Weapons Law Violation 3 8 -62.50% 3 100.00% 20.00% 9.38 Animal Cruelty 0 0 NA 0 0.00% 0.00% 0.00
Crimes Against Society Total 15 28 -46.43% 14 93.33% 26.32% 46.88 Agency: BANNING PD
Total Group "A" Offenses 57 88 -35.23% 25 43.86% 100% 178.13 Statewide Crime Profile * Adjusted population base: 32,000 2025 Crime in California

Note: The Rate per 100,000 will be 'NA' when the Adjusted Population Base is Zero.

Group A Offense Report
Beginning Date: 10/01/2025 Ending Date: 10/31/2025
Printed On: 11/04/2025

43 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Yvette Vaca, Administrative Sergeant
Brandon Smith, Acting Chief of Police
MEETING DATE: November 12, 2025
SUBJECT: Receive and File Animal Control Statistics for the Month of October 2025.

RECOMMENDATION:

Receive and file.

BACKGROUND:

The Banning Police Department provides Animal Control Services statistics to the public and City Council upon request.

JUSTIFICATION:

Statistics tell a city how many Animal Control Officers need to be on the street, the types of calls they handle, and the need for additional services. Statistics show increases and decreases in particular areas of Animal Control Services over time.

FISCAL IMPACT:

None.

ALTERNATIVES:

Providing statistics keeps the Council, staff, and residents apprised of current Animal Control Services activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Good Police Stats ACO 2025 Oct.pdf
44 CATEGORY Oct-25 Oct-24 % CHGE YTD-25 YTD-24 % CHGE
Calls for Service 133 106 25% 1110 996 11%
Animals Impounded 23 0 2300% 96 56 71%
Animals Euthanized 3 0 300% 15 33 -55%
Bite Reports 2 3 -33% 33 28 18%
Citations Issued 0 0 0% 0 0 0%
Expenses 1312.66 553 137% 10820.92 5145.39 110%
Revenue 795 934 -15% 8551 9888.12 -14%

BANNING POLICE DEPARTMENT
OCTOBER, 2025
45 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director Ralph Wright, Parks and Recreation Director
MEETING DATE: November 12, 2025
SUBJECT: Parks and Recreation Report of Monthly Activities through the 1st Quarter of Fiscal Year 2025/2026 - September 2025
RECOMMENDATION:

Receive and file.

BACKGROUND:

To better track the participation levels of parks and recreation program offerings and the facilities usage for parks and recreation programs and services, staff uses a monthly report that is compiled to present our numbers, help tell our story and allow for easy year over year comparison.

The ten-page report includes parks staff activities, park and facility usage, sports and classes participation, Senior activities, Banning Connect ridership and passes sold, aquatics programming, special events and the last page is a tracking page for trips and activities associated with the Outdoor Equity Program grant. The report is aligned with the fiscal year, July through June of each year and compiled each month.

Staff brings the report to the Council after each quarter of the Fiscal Year. Attached in this item, is the September 2025 report that contains participation information through the end of the 1st quarter of FY 2025-26 and includes participation data for the first three months of Fiscal Year 2025/2026.

The 1st quarter report shows ongoing park and facility usage as well as continued strong participation data throughout all programming areas. Although we have recently lost some of our instructor classes we are looking to bring in additional martial arts classes as well as ballet classes. Many of our regular ongoing programs continue to be at capacity or nearing capacity. The September report also shows the July and August Summer programming numbers with over 11,000 visits to the Aquatic Center in those months.

The September report continues to show great participation throughout all programming and services offered in the Senior Center.

Our parks have a slight reduction in overall use in these months compared to last year due to Little League hosting less All-Star tournaments in 2025 than the previous year. Homelessness, graffiti and vandalism continue to be a real issue in the parks. These negative incidents significantly impact our park staff's ability to perform ongoing park’s maintenance and the general public’s ability to safely and comfortably use the park.
46 JUSTIFICATION:

This report provides quantitative information pertinent to parks and recreation services offered for the City of Banning's residents.

FISCAL IMPACT:

There is no fiscal impact with this report
ALTERNATIVES:

None provided.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Parks and Recreation MRA -September 2025.pdf
47 *Fiscal Year *
25-26
*The Monthly Reports are based on a fiscal year*
July 1, 2025- June 30, 2026
Six parks with approximately 58 developed acres maintained P1
P2
P3
P4
P5
P6
P7
P8
P9
Parks Maintenance
Parks Usage
Facility Usage
Sports/Volunteers
Senior Center
Classes / Programs
Transit
Aquatics
Special Events
PARK and REC Stats
Monthly Year-to-Date
2024-2025 2025-2026 2024-2025 2025-2026
# of trees PLANTED 0 0 0 0
# of trees REMOVED 1 0 1 2
# of trees TRIMMED 1 0 3 7
Service requests completed by
Parks 11 11 26 32
Vandalism incidents repaired 8 16 23 35
Graffiti incidents repaired 16 18 35 50
September has been a
month of celebration! From
our annual Hispanic Heritage event to the Hispanic
Heritage dance at the senior center. It has been full
of good times!
48 2
Park/Field Usage
# of uses
Monthly Year-to-Date
2024-2025 2025-2026 2024-2025 2025-2026
Dysart Park 12 8 13 20
Lion’s Park 3 28 96 66
Repplier Park 20 26 76 43
Richard Sanchez 0 0 0 0
Roosevelt Williams 0 1 0 0
Sylvan Park 8 0 27 0
TOTAL 43 63 212 130
East Ramsey Lot 0 0 0 0
Carpenter Hamilton Park 0 0 0 0
Picnic Area Usage
(scheduled)
# of uses
Monthly Year-to-Date
2024-2025 2025-2026 2024-2025 2025-2026
Repplier Park 5 2 29 27
Roosevelt Williams Small 0 0 0 0
Sylvan Park 2 0 29 23
TOTAL 8 3 60 57
Roosevelt Williams Large 1 1 2 7
Lion’s Park 0 0 0 0
Dysart Park
Another awesome Stagecoach Days Rodeo!!
49 3
n/a - Figures not available
Community Center
# of uses
Monthly Year-to-Date
2024-2025 2025-2026 2024-2025 2025-2026
Small Meeting Room 10 12 47 47
Large Dance Room 10 20 58 66
Gymnasium 83 74 260 203
Kitchen 1 2 3 9
Parking Lot 2 2 5 8
TOTAL 106 110 373 337
Senior Center
# of uses
Monthly Year-to-Date
2024-2025 2025-2026 2024-2025 2025-2026
Nutrition Site 37 24 96 74
Multi-purpose Room 27 41 76 135
TOTAL 64 65 199 209
Playhouse Bowl
# of uses
Monthly Year-to-Date
2024-2025 2025-2026 2024-2025 2025-2026
Meeting Room 11 10 39 37
Amphitheater 6 1 11 5
TOTAL 17 11 50 42
Roosevelt Williams
and Armory
# of uses
Monthly Year-to-Date
2024-2025 2025-2026 2024-2025 2025-2026
Roosevelt Will. Meeting Room 1 9 13 22
TOTAL 11 19 27 34
Armory 10 10 14 12
Facility Use
How wonderful it is to host such an incredible event at our Community Center Gym. The Small Business Expo was such a beautiful event to provide resources to our business community. 50 4
n/a - Figures not applicable min - Minimum participation not met NO - Not offered Youth Sports # of Participants # of Participants # of Teams Facility Visits Monthly Year to Date Year-to-Date Year To Date
2025-2026 2025-2026 2025-2026 2025-2026
Youth Basketball 0 0 0 0
Youth Flag Football 0 0 0 0
Youth Soccer 139 174 11 1056
Smart Start 0 0 0 0
TOTAL 139 174 11 1056
Adult Sports # of Participants # of Participants # of Teams Facility Visits Monthly Year to Date Year-to-Date Year To Date
2025-2026 2025-2026 2025-2026 2025-2026
Adult Softball NO NO NO NO
Adult Basketball NO NO NO NO
TOTAL 0 0 0 0
Volunteers # of Volunteers Hours volunteered # of Volunteers Hours volunteered Monthly Monthly Year to Date Year To Date
2025-2026 2025-2026 2025-2026 2025-2026
Coaches 13 39 15 69
Events 0 0 0 0
Senior Center 14 243 50 796
TOTAL 14 282 65 865
We are having a blast this soccer season! The families and coaches are so active with the program and make sure every game is a great time for the kids.
51 5
For September, we celebrated Hispanic Heritage
month and the coming of fall! We also got some
exercise by playing fly swatter volleyball.
# of Participants # of Participants
Classes/Programs
Monthly Year to Date
2025-2026 2025-2026
Games & Puzzles 41 143
Bingo & Loteria 106 307
Health & Wellness Classes 153 565
Crafts & Activities 91 187
Pool Table 5 28
Education Classes 55 217
Movies 12 75
Events 45 222
Sponsored Social Programs 30 161
Presentations 10 48
TOTAL 548 1953
# of Participants # of Participants
Services Monthly Year to Date
2025-2026 2025-2026
Fill the Cupboard 23 113
Computer Lab 34 89
Daily Meals 733 2206
Paralegal 1 2
Phone / Walk-in Referrals 129 448
Morning Greeters 110 301
Food Vouchers / Salvation
Army/Other Services/Library 1 64
Happiness Campaign 0 158
Boutique 118 319
Cool/Warm Center 0 31
Morongo Moravian Gifts 0 0
Total 1149 3721
52 6
n/a - Figures not applicable min - Minimum participation not met NO - Not offered Classes/Programs # of Participants # of Participants Facility Visits Monthly Year to Date Year To Date
2025-2026 2025-2026 2025-2026
Adult Programs/Classes 168 569 729
Youth Programs/Classes 63 157 517
Day Camp 0 250 1250
Open Gym Basketball 35 60 60
Open Gym Pickleball 7 147 147
Open Gym Volleyball 0 0 0
TOTAL 440 1599 3099
Special Needs Programs/Classes 167 396 396
Walk it out fitness is a low impact dance exercise class that gets the body moving! People are having so much moving that they forget they’re exercising.
53 7
n/a - Figures not applicable min - Minimum participation not met NO - Not offered # of Passes # of Passes
Bus Passes Purchased Monthly Year to Date
2025-2026 2025-2026
Day Pass n/a n/a
Disabled Bus Pass 0 1
General Bus Pass 0 0
Senior Bus Pass 1 1
Youth Bus Pass n/a n/a
Banning Student Bus Pass 0 0
General Ticket Book 1 3
Senior Disabled Ticket Book 0 0
Dial-A-Ride 10 ticket Pass n/a n/a
TOTAL 2 5
We have come to know and bond with our bus riders either through phone call, from when they check in on the schedule, or in person, when they come to purchase their pass. We are grateful to be of service to them and to notify them that bus rides will be free for all Banning residents.
# of Passengers # of Passengers
Ridership Numbers Monthly Year to Date
2025-2026 2025-2026
Senior/Disabled Passengers 2667 5281
General Passengers 5714 16989
Cabazon Zone Passengers 747 2629
Youth Passengers 113 279
Student Passengers 1149 2926
Veteran Passengers 35 94
Dial-A-Ride Passengers 386 1223
TOTAL 11698 34502
Non Resident Riders 887 2378
54 n/a - Figures not applicable min - Minimum participation not met NO - Not offered 8 September
Monthly Monthly Yearly
Visits Visits
2024-2025 2024-2025 2024-2025
Child Admission 0 0 2929
Adult Admission 0 0 1929
Senior Admission 0 0 228
Lap Swim Adult 0 0 6
Lap Swim Senior 0 0 53
Adult Swim Lessons 0 0 8
Children's Lessons 0 0 2892
Senior Water Exercise 0 0 44
Aqua Zumba 0 0 272
Pool Rentals: 0 0 1800
Dive-In Movie Admission 0 0 1017
Cabana Rentals 0 0 350
TOTAL 0 0 11529
We look forward to seeing everyone next
summer for more pool fun!
55 9
n/a - Figures not applicable min - Minimum participation not met NO - Not offered Special Events Year-to-Date
# Participants/Attendees 2025-2026
Monthly 2025-2026
Evening Concert Series 0 5000
Hispanic Heritage 1200 1200
Total: 1200 8880
July 4th Celebration 0 2500
Glow Party 0 180
Lego Party 0 0
Halloween Trunk or Treat 0 0
Family Color Run 0 0
Beary Party 0 0
Santa Shoppe & Pancake Breakfast 0 0
Paint Party 0 0
Polar Express Party 0 0
Christmas at the Ranch 0 0
Disaster Expo 0 0
Thank you to everyone who came to celebrate at the Hispanic Heritage event! We appreciate every single person who came together to make a day of fun, food, music, and a beautiful community coming together. 56 September
The Outdoor Equity Program seeks to provide outdoor experiences and opportunities to the Banning community. Combining education and the outdoors, the Outdoor Equity Program allows participants to seek enriching outdoor experiences through trips, programs and activities focusing on the surrounding outdoors.

One of these programs is the community clean ups, where people can take the initiative to clean up the community around them.

This program funded by the Outdoor Equity Grants Program, created through AB 209 and administered by California State Parks, Office of Grants and Local Services. 10 September
Monthly Monthly Yearly
Events/
Activities
Participants Participants
2025-2026 2025-2026 2025-2026
Community Clean Ups 1 10 10
Teen Development 1 9 53
Events 0 0 0
Programs 0 0 0
TOTALS 2 75 180
Trips 1 56 117
57 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Holly Stuart, Public Works Program Manager Arturo Vela, Director of Public / Interim City Manager
MEETING DATE: November 12, 2025
SUBJECT: Community Cleanup and Compost Giveaway Event Update RECOMMENDATION:

Receive and file.

BACKGROUND:

The City of Banning has partnered with Waste Management as part of the solid waste franchise agreement to provide three free bulky item collection events for residential accounts per calendar year.

The third bulky item collection event for this year was held on October 18, 2025, at Dysart Park offering residents the opportunity to dispose of unwanted items including, but not limited to, appliances, mattresses, green waste, e-waste and so forth. This event also offers residents paper shredding and the collection of household batteries.

This latest event welcomed 558 vehicles. An accumulation of 51.73 tons of municipal solid waste, 9.19 tons of green waste, 6.19 tons of white goods/metal, 6.15 tons of paper shredding, 2.76 tons of E-waste, and 2.54 tons of mattresses were collected over the duration of 5 hours. Waste Management collected a grand total of 78.56 tons of waste, of which 26.83 tons were successfully diverted from the landfill.

Furthermore, four (4) barrels of household batteries were collected during the event.

According to Waste Management's calculations, these recycling efforts resulted in the following benefits:
• Saved 123,017 kWh of electricity. Enough electricity to power 11 households for one year. • Reduced GHG emissions by 4 metric tons. Equivalent to taking 3 passenger cars off the road for one year.
• Kept 5,514 Ibs of solid waste out of the landfill. The amount of trash generated by 3 households in one year.
• Kept 1,351 Ibs of hazardous materials out of the environment.

In addition to the collection of bulky waste at Dysart Park, the City included a compost station, giving away free compost to the community. Twenty-three (23) residents obtained compost on the day of the event. Any unused compost that was not given away was disbursed and utilized on City properties throughout the community. Incorporating the free compost giveaway supports the City’s compliance goals in achieving targets identified by the State and SB 1383 requirements to purchase and utilize organic waste materials. In all, Waste Management provided 18 tons of compost for the giveaway.

JUSTIFICATION:

The City’s Bulky Item Collection and Compost Giveaway events continue to be a success and provide a 58 great service to our community. The events aid in keeping the community clean through reducing the amount of waste that may otherwise be illegally dumped throughout the City and its rights-of-ways.

Events for calendar year 2026 are scheduled for the third Saturdays of January, April and October.

FISCAL IMPACT:

Event staff and material costs were funded by the Refuse fund.

ALTERNATIVES:

None.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Event Pictures 10.18.25.docx
59 Staff Report: Bulky Item Collection & Compost Giveaway October 18, 2025
558 Vehicle Trips

BULKY ITEM COLLECTION & COMPOST GIVEAWAY EVENT PICTURES 60 Staff Report: Bulky Item Collection & Compost Giveaway October 18, 2025
558 Vehicle Trips
61 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Shah Nawaz, Deputy Water/Wastewater Director MEETING DATE: November 12, 2025
SUBJECT: Issuance of "Tier II Public Notice" due to Exceedance of Hexavalent Chromium Maximum Containment Level.

RECOMMENDATION:

Receive and file.

BACKGROUND:

The City of Banning operates multiple groundwater production wells that supply the municipal drinking water system. In June 2023, the State Water Resources Control Board (SWRCB), Division of Drinking Water (DDW) re-established a maximum contaminant level (MCL) of 10 parts per billion (ppb) for Hexavalent Chromium (Cr-6) and required water systems to conduct initial compliance sampling and prepare a Cr-6 Compliance Plan following sampling results.

Hexavalent chromium is a naturally occurring element that can be present in groundwater due to local geology, though it can also originate from historical industrial uses. At the State’s MCL of 10 ppb, the associated health risk is based on long-term (lifetime) exposure and is not associated with acute or immediate health effects. The City continues to monitor Cr-6 concentrations in accordance with SWRCB DDW requirements as part of its ongoing regulatory compliance program.

Recent quarterly monitoring results from Well C-02A have produced a Running Annual Average (RAA) that exceeds the State MCL of 10 ppb for hexavalent chromium. While individual sample results may vary, regulatory compliance is determined based on the four-quarter average (i.e., RAA). As a result, DDW has issued a formal Notification of Cr-6 MCL Exceedance (attached). The City also anticipates that several additional wells may reach or exceed the 10 ppb MCL in upcoming quarterly monitoring events based on current trends.

It is important to note that there has been no change in the historical groundwater quality within the City, this exceedance is solely the result of the State of California's newly established Cr-6 MCL. California and New Jersey are currently the only two states that have established an MCL for Cr-6. At the federal level, the U.S. Environmental Protection Agency (EPA) regulates Total Chromium, which includes all forms of Chromium (i.e., Chromium-3 and Chromium-6), with an MCL of 100 ppb.

JUSTIFICATION:

Because the RAA of the initial samples is over the Cr-6 MCL of 10 ppb, per Cal. Code Regs., tit. 22, § 64432. Therefore, quarterly sampling must continue and the public must be notified (attached) of the MCL exceedance by December 6, 2025. (Cal. Code Regs., tit. 22, §§ 64432, subd. (g), 64463.4, subd. (a).).
62 It shall be noted that a Tier 2 Public Notice:

Is not an emergency; if it had been, the public would have been notified immediately; and The public does not need to stop using the water and/or an alternative water supply (e.g., bottled water).

Must be delivered through standard billing distribution and posted in a publicly accessible location and/or online.

Must be reviewed and approved by SWRCB DDW prior to distribution.

Due to the City’s water system size, the new Cr-6 MCL does not become enforceable until October 1, 2026, and the City is not currently in violation. The City has submitted a Hexavalent Chromium Compliance Plan, currently under review by the State Water Resources Control Board, and is working collaboratively with the State to implement the required compliance steps. These efforts include evaluating wells for potential operational or rehabilitation adjustments, retaining an engineering consultant to assess and design treatment and non-treatment alternatives with associated cost estimates, securing necessary funding through rates and/or external financing, and constructing the improvements needed to achieve compliance.

Furthermore, the current California legislation SB 466 (attached) allows water systems like the City of Banning to not be considered in violation of the new Cr-6 MCL as long as they have submitted a compliance plan to the State and continue to make progress toward treatment and long-term solutions.

The City has already submitted its plan, which is under State review, so the City is not currently considered out of compliance, even though Cr-6 levels are above the MCL. The City must still issue required public notices, continue monitoring, and complete the steps needed to design, fund, and build the improvements needed to meet compliance.

FISCAL IMPACT:

The City will utilize InfoSend, its existing utility billing mail service provider, to distribute the Tier 2 Public Notice to all customers. The mailing fiscal impact is $2,089.50.

ALTERNATIVES:

N/A
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. SWRCB DDW_20251017_CA3310006_CR6 MCL Exceedance.pdf

2. Tier 2 Public Notice for Hexavalent Chromium MCL Exceedance.pdf

3. SB 466.pdf
63 State Water Resources Control Board
Division of Drinking Water
October 17, 2025
System No. CA3310006
Perry Gerdes, Water/Wastewater Superintendent
City of Banning
P.O. Box 998
176 E. Lincoln St.

Banning, CA 92220
[email protected]

HEXAVALENT CHROMIUM MAXIMUM CONTAMINANT LEVEL EXCEEDANCE The State Water Resources Control Board, Division of Drinking Water (Division) has reviewed the results of the hexavalent chromium samples collected between March 24, 2025, and September 25, 2025, from the City of Banning’s (Banning’s) Well C-02A. The table below summarizes the sample results received and the running annual average.

Table 1: Hexavalent Chromium Sample Results by Source
Source Name Quarterly Sample Date Hexavalent Chromium
Result (mg/L)
Well C-02A
3/24/2025 0.016
6/17/2025 0.016
9/25/2025 0.016
Running Annual Average 0.012
The average of the initial samples is over the hexavalent chromium maximum contaminant level (MCL) of 0.010 milligrams per liter (mg/L). (Cal. Code Regs., tit. 22, § 64432.) Therefore, quarterly sampling must continue and the public must be notified of the MCL exceedance. (Cal. Code Regs., tit. 22, §§ 64432, subd. (g), 64463.4, subd. (a).)
Instructions and template for Tier 2 public notification are included as Enclosure No. 1.

Public notification must be completed by November 6, 2025. Banning must complete and submit the enclosed Public Notification Certification form (Enclosure No. 2) to the Division within 10 days after notification is performed. 64 Perry Gerdes - 2 - October 17, 2025
Banning is also required to take specific actions described in the hexavalent chromium regulation, the first step of which is to develop a compliance plan that includes the following items:
• The proposed method Banning will use to achieve compliance with the hexavalent chromium MCL. The method could be providing treatment or using an alternative source. If treatment is proposed a pilot study must be included. • The date by which Banning plans to submit the final plans and specifications for any construction related to the proposed methods of achieving compliance. • The dates by which Banning plans to start and complete any construction of treatment or alternative source facilities.
• The dates by which Banning plans to complete a treatment operations plan associated with the proposed facilities, if applicable. (Cal. Code Regs., tit. 22, § 64432, subd. (q).)
The compliance plan should attempt to meet the deadline(s) below, listed by system size, although we recognize that it may not be feasible in all situations.

Table 2: Hexavalent Chromium MCL Compliance Dates
System Size
(service connections served on October 1, 2024) Compliance Date 10,000 or more October 1, 2026
1,000 to 9,999 October 1, 2027
Fewer than 1,000 October 1, 2028
A hexavalent chromium compliance plan template is available at bit.ly/Cr6-Rulemaking.

Banning submitted a compliance plan to the Division on June 18, 2025. However, an updated compliance plan must be submitted to the Division by January 5, 2026, that reflects changes to the proposed methods and completion dates that may have occurred since the original submittal.

If you have any questions regarding this matter, please contact Mitchell Martinez of my staff at (619) 525-4354 or me at (619) 525-4775. You may also contact us via email at [email protected].

Sincerely,
Chun Y. Huang, P.E.

District Engineer
Riverside District
State Water Resources Control Board – Division of Drinking Water Enclosures: 1) Instructions for Tier 2 Hexavalent Chromium Exceedance Notice 2) Public Notification Certification Form
cc: County of Riverside, Department of Environmental Health (via email w/o encl.) 65 ENCLOSURE NO. 1
66 State Water Resources Control Board , 2024
Instructions for Tier 2 Hexavalent Chromium Exceedance Notice Template (ONLY USE IF ISSUANCE IS BEFORE THE COMPLIANCE DATE IN THE TABLE BELOW.)
Template Attached
An exceedance of the hexavalent chromium maximum contaminant level (MCL) requires Tier 2 notification, and you must provide public notice to persons served as soon as practical but within 30 days after learning of the exceedance [California Code of Regulations (CCR) title 22, chapter 15, section 64463.4(b)]. However, such an exceedance is not considered a violation until after the applicable compliance date (see table below). Each water system required to give public notice must submit the notice to the State Water Resources Control Board, Division of Drinking Water (DDW) for approval prior to distribution or posting, unless otherwise directed by the DDW [64463(b)].

System Size
(service connections served on October 1, 2024) Compliance Date 10,000 or more October 1, 2026
1,000 to 9,999 October 1, 2027
Fewer than 1,000 October 1, 2028
Notification Methods
You must use the methods summarized in the table below to deliver the notice to consumers. If you mail, post, or hand deliver the notice, print your notice on letterhead, if available.

The notice attached is appropriate for the notification methods described below.

However, you may wish to modify it before using it for posting. If modified, the notice must still include all the required elements, including the health effects and mandatory language, which must be in italics [22 CCR 64465].

Community Water Systems must use the primary method below and one or more secondary methods to reach persons not likely to be reached by the primary method.

Primary Method

1. Mail or direct delivery. The notice must be distributed to each customer receiving a bill including those that provide their drinking water to others (for example schools or school systems, apartment building owners, or large private employers), and other service connections to which water is delivered by the water system.

Secondary Methods (use one or more of the following methods to reach persons not likely to be reached by the primary method)

1. Publication in a local newspaper.
67 State Water Resources Control Board , 2024

2. Posting in conspicuous public places served by the water system or on the internet. The notice must be posted in place for as long as the exceedance or occurrence continues, but in no case less than seven days.

3. Delivery to community organizations.

Non-Community Water Systems must use the primary method below and one or more secondary methods to reach persons not likely to be reached by the primary method.

Primary Method

1. Posting in conspicuous locations throughout the area served by the water system. The notice must be posted in place for as long as the exceedance or occurrence continues, but in no case less than seven days.

Secondary Methods (use one or more of the following methods to reach persons not likely to be reached by the primary method)

1. Publication in a local newspaper or newsletter distributed to customers.

2. Email message to employees or students.

3. Posting on the internet or an intranet. The notice must be posted in place for as long as the exceedance or occurrence continues, but in no case less than seven days.

4. Direct delivery to each customer.

Multilingual Requirement
The notice must contain information in Spanish regarding the importance of the notice or contain a telephone number or address where Spanish-speaking residents may contact the public water system to obtain a translated copy of the notice or assistance in Spanish.

If any non-English-speaking group, other than Spanish-speaking, exceeds 1,000 residents, or 10 percent of the residents served by the public water system, the notice must include (1) information in the appropriate language(s) regarding the importance of the notice or (2) the telephone number or address where such individuals may contact the water system to obtain a translated copy of the notice from the water system or assistance in the appropriate language.

Population Served
Make sure it is clear who is served by your water system -- you may need to list the areas you serve.

Corrective Action
In your notice, describe corrective actions you are taking. Do not use overly technical terminology when describing treatment methods. Listed below are some steps commonly taken by water systems with chemical or radiological violations/exceedances.

Use one or more of the following actions, if appropriate, or develop your own:
68 State Water Resources Control Board , 2024
• “We are working with [local/state agency] to evaluate the water supply and researching options to correct the problem. These options may include treating the water to remove hexavalent chromium or connecting to [system]’s water supply.” • “We have stopped using the contaminated well. We have increased pumping from other wells, and we are investigating drilling a new well.”
• “We will increase the frequency at which we test the water for hexavalent chromium.” • “We have since taken samples at this location and had them tested. They show that we meet the standards.”
After Issuing the Notice
Send a copy of each type of notice and a certification that you have met all the public notice requirements to the DDW within ten days after you issue the notice [22 CCR 64469(d)]. Public water systems must also issue a certification that they have met all the public notice requirements for any repeat notices in addition to meeting any repeat notice requirements the DDW sets.

It is recommended that you notify health professionals in the area of the exceedance.

People may call their doctors with questions about how the exceedance may affect their health, and the doctors should have the information they need to respond appropriately.

It is a good idea to issue a “problem corrected” notice when the MCL is no longer being exceeded.
69 State Water Resources Control Board , 2024

IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER
Este informe contiene información muy importante sobre su agua potable.

Tradúzcalo o hable con alguien que lo entienda bien.
[System] Has Levels of Hexavalent Chromium
Above the Drinking Water Standard
This is not an emergency. As our customers, you have a right to know what you should do, what happened, and what we are doing to correct this situation.

We routinely monitor for the presence of drinking water contaminants. Water sample results received on [date] showed hexavalent chromium levels of [level and units]. This is above the standard, or maximum contaminant level (MCL), of 0.010 milligrams per liter (10 ppb). We are working with the State Water Resources Control Board to address this exceedance and comply with the MCL within a compliance timeline.

What should I do?
• You do not need to use an alternative water supply (e.g., bottled water). • This is not an emergency. If it had been, you would have been notified immediately.

However, some people who drink water containing hexavalent chromium in excess of the MCL over many years may have an increased risk of getting cancer. • If you have other health issues concerning the consumption of this water, you may wish to consult your doctor.

What happened? What is being done?
• A new Hexavalent Chromium MCL of 10 ppb became effective October 1, 2024. • Hexavalent chromium was detected at levels that exceed the MCL. However, a water system of our size is not considered in violation of the Hexavalent Chromium MCL until after [INSERT APPLICABLE TABLE 64432-B COMPLIANCE DATE].
• We [are working to complete / have completed] a Hexavalent Chromium Compliance Plan that [will be reviewed / is being reviewed / has been approved] by the State Water Resources Control Board.
• We are working with the State Water Resources Control Board to address this exceedance and comply with the MCL. Specifically, we are [Describe actions taken (may include pilot studies, environmental review, funding applications, etc.) and planned actions (may include treatment, source changes, etc.)] [Optional:
discuss approved compliance plan if already approved by DDW]. • We anticipate resolving the problem by [estimated time frame (Compliance plan finalization date, if applicable)].
70 State Water Resources Control Board , 2024
For more information, please contact [name of contact] at [phone number] or [mailing address].

Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this public notice in a public place or distributing copies by hand or mail.

If you are a school or school system, the owner or operator of residential rental property, or the owner or operator of a business property, then you are legally required to notify the following people of the information in this notice within ten days of your receipt of this notice:
• SCHOOLS: You must notify school employees, students, and parents (if the students are minors).
• RESIDENTIAL RENTAL PROPERTY OWNERS OR MANAGERS (including nursing homes and care facilities): You must notify tenants. • BUSINESS PROPERTY OWNERS, MANAGERS, OR OPERATORS: You must notify employees of businesses located on the property. • If you fail to notify the above people, you shall be civilly liable up to $1,000 per day for each day that you fail to notify them. (Health & Saf. Code, §§ 116450, subd. (g); 116650, subd. (e).)
This notice is being sent to you by [system].

State Water System Number: [Insert water system number].

Date distributed: [Insert date the notice is distributed]. 71 ENCLOSURE NO. 2
72 Disclosure: Be advised that the California Health and Safety Code sections 116725 and 116730 state that any person who knowingly makes any false statement on any report or document submitted for the purpose of compliance with the Safe Drinking Water Act may be liable for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation or, for continuing violations, for each day that violation continues, or may be charged with a misdemeanor, punishable with a fine of up to $25,000 for each day of violation, or by imprisonment in the county jail not to exceed one year, or by both the fine and imprisonment.

Public Notification Certification
Hexavalent Chromium MCL Exceedance
Name of Water System: City of Banning
System Number: CA3310006
This form, when completed and sent to [email protected] for the Division of Drinking Water, Riverside District at 2375 Northside Drive, Suite 100, San Diego, CA 92108, certifies that the required actions listed below were completed and public notification of water users was performed as required by California Code of Regulations, title 22, sections 64463 through 64465.

THIS FORM MUST BE COMPLETED AND RETURNED TO THE STATE WATER BOARD, DIVISION OF DRINKING WATER, NO LATER THAN NOVEMBER 16, 2025 Required Action Date Completed
Public Notification (see below)
Attach a copy of the public notice distributed to the water system’s customers.

Public notification for the exceedance of the hexavalent chromium MCL was conducted on:_____________________ (date), for Quarter 3, 2025 using the following delivery and good-faith efforts (check all that apply and fill in requested information):
☐ The notice was distributed by mail or direct delivery to each customer.

Secondary notification requirements for all systems
One or more of the following methods were used to notify persons (such as renters, students, patients, prison inmates, etc.) not likely to be reached by mailing or direct delivery. ☐ Posted the notice at the following conspicuous locations served by the water system. (If more space is needed, please attach a list of locations).
☐ Publication of the notice in a local newspaper or newsletter of general circulation (attach a copy of the published notice, including name of newspaper and date published). ☐ Posted the notice on the Internet at www.
☐ Other method used to notify customers.

I hereby certify that the above information is factual.

Certified by: Printed Name Title
Signature
Date
73 99 E. Ramsey St. • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3130 • Fax (951) 922-3141 City of Banning

IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER
Este informe contiene información muy importante sobre su agua potable.

Tradúzcalo o hable con alguien que lo entienda bien.

City of Banning Has Levels of Hexavalent Chromium
Above the Drinking Water Standard
This is not an emergency. As our customers, you have a right to know what you should do, what happened, and what we are doing to correct this situation. We routinely monitor for the presence of drinking water contaminants. Water sample results between March 24, 2025 through September 25, 2025, showed hexavalent chromium levels of

0.016 milligrams per liter (mg/L) or 16 parts per billion (pbb). This is above the standard, or maximum contaminant level (MCL), of 0.010 mg/L or (10 ppb). We are working with the State Water Resources Control Board to address this exceedance and comply with the MCL within a compliance timeline.

What should I do?
• You do not need to use an alternative water supply (e.g., bottled water). • This is not an emergency. If it had been, you would have been notified immediately. However, some people who drink water containing hexavalent chromium in excess of the MCL over many years may have an increased risk of getting cancer.
• If you have other health issues concerning the consumption of this water, you may wish to consult your doctor.

What happened? What is being done?
• A new Hexavalent Chromium MCL of 10 ppb became effective October 1, 2024. • Hexavalent chromium was detected at levels that exceed the MCL. However, a water system of our size is not considered in violation of the Hexavalent Chromium MCL until after October 1, 2026.
• We submitted a Hexavalent Chromium Compliance Plan that is being reviewed by the State Water Resources Control Board.
• We are working with the State Water Resources Control Board to address this exceedance and comply with the MCL. Specifically, the City will undertake the following milestones to achieve compliance including but not limited to:
 Investigate wells to identify opportunities for well modifications to reduce Chromium 6 concentrations with the new MCL; and
74 99 E. Ramsey St. • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3130 • Fax (951) 922-3141  Hire an engineering consultant to evaluate and design treatment and nontreatment options; prepare detailed engineering plans, specifications, and estimates including capital and annual operations and maintenance costs; and
 Raise capital via rate increases, grants, loans, bond issuance etc., to implement the City’s MCL compliance strategy; and
 Construct the identified water system improvements to comply with the MCL.
• Compliance Plan has been prepared and submitted to Division of Drinking Water (DDW) and is currently pending approval.

For more information, please contact Perry Gerdes at (951) 232-9236 or via email at [email protected]. Para más información en español, comuníquese con Agustine Garcia al (951) 669-8161 o por correo electrónico a [email protected].

Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this public notice in a public place or distributing copies by hand or mail.

If you are a school or school system, the owner or operator of residential rental property, or the owner or operator of a business property, then you are legally required to notify the following people of the information in this notice within ten days of your receipt of this notice:
• SCHOOLS: You must notify school employees, students, and parents (if the students are minors).
• RESIDENTIAL RENTAL PROPERTY OWNERS OR MANAGERS (including nursing homes and care facilities): You must notify tenants. • BUSINESS PROPERTY OWNERS, MANAGERS, OR OPERATORS: You must notify employees of businesses located on the property. • If you fail to notify the above people, you shall be civilly liable up to $1,000 per day for each day that you fail to notify them. (Health & Saf. Code, §§ 116450, subd. (g); 116650, subd. (e).)
This notice is being sent to you by the City of Banning.

State Water System Number: CA3310006
Date distributed: 11/13/2025
75 SB 466
The people of the State of California do enact as follows:

SECTION 1.Section 116341 is added to the Health and Safety Code, to read:116341. (a)Except as provided in subdivision (e) and subject to subdivision (b), a public water system shall not be determined, held, considered, or otherwise deemed in violation of the primary drinking water standard for hexavalent chromium while implementing a state board approved compliance plan. A public water system that has submitted a compliance plan for approval shall not be determined, held, considered, or otherwise deemed in violation of the primary drinking water standard for hexavalent chromium while state board action on the proposed and submitted compliance plan is pending. (b)This section only applies to a public water system that meets the total chromium maximum contaminant level (MCL) enforceable standard for drinking water in California. (c)This section does not affect the states requirements for establishing drinking water standards for contaminants in drinking water. This section does not apply to any contaminants other than hexavalent chromium.
(d)This section shall not apply if a hexavalent chromium MCL compliance plan is rejected by the state board.
(e)This section does not affect the authority of the state board or the Attorney General to enforce any applicable law or regulation regarding hexavalent chromium, including a state board-approved hexavalent chromium MCL compliance plan.

Source: https://calmatters.digitaldemocracy.org/bills/ca_202520260sb466 76 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Patrick Safari, Capital Improvement Projects Manager Nathan Smith, Deputy Director of Public Works/City Engineer MEETING DATE: November 12, 2025
SUBJECT: Authorize the City Manager to sign the Notice of Completion for Project No. 2022-05, “Ramsey Street and Omar Street Intersection Improvements” as complete and direct the City Clerk to record the Notice of Completion.

RECOMMENDATION:

Authorize execution of the Notice of Completion.

BACKGROUND:

On May 27, 2025 City Council adopted Resolution 2025-77, awarding a construction contract to Van Engineering, Inc. for Project No. 2022-05 “Ramsey Street and Omar Street Intersection Improvements”.

The project was approved in the amount of $714,949.40 including 10% contingency.

The principal items of work included the safety improvement of the intersection of Ramsey Street and Omar Street by providing a left turn pocket for eastbound traffic heading north on Omar Street, installation of access ramps on Omar Street and sidewalk on Ramsey Street.

One project change order was processed in the amount of $52,945 for quantity overages on asphalt, grind and overlay, curb and gutter, and sidewalk. There were credits totaling $18,702 for unused bid quantities. The final amount paid to the contractor was less than the total amount authorized by City Council.

JUSTIFICATION:

The lowest qualified bidder, Van Engineering, Inc. was awarded the contract and work was completed on October 3, 2025. Public Works staff verified through inspections that the workmanship, materials, and procedures were satisfactory, and that the contract had met the required contract obligations.

FISCAL IMPACT:

The project was awarded in the amount of $649,954 with a 10% contingency for a total budget of $714,949.40. The final contract amount was $684,197.

ALTERNATIVES:

The City Council may not accept the project as complete, which would keep the project open and prevent the release of retention funds to the contractor.

BUDGETED?:

Yes
77 CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. NOC Ramsey and Omar.docx

2. Resolution No. 2025-077.pdf
78

1 Recording Requested by:
2 Office of the City Clerk
3 City of Banning
4 P.O. Box 998
5 Banning, California 92220
6 7 Exempt from Recording Fees Pursuant to Government Code §6103 8 9 NOTICE OF COMPLETION
10 PROJECT NO. 2022-05, “RAMSEY STREET AND OMAR STREET INTERSECTION 11 IMPROVEMENTS”
12 13
14 THIS NOTICE OF COMPLETION IS HEREBY GIVEN by the OWNER, the City 15 of Banning, a municipal corporation, pursuant to the provisions of Section 9204 of the Civil 16 Code of the State of California, and is hereby accepted by the City of Banning, pursuant to 17 authority conferred by the City Council this November 12, 2025, and the grantees consent 18 to recordation thereof by its duly authorized agent. 19 20 That the OWNER, the City of Banning, and Van Engineering, Inc. of Wildomar, 21 California, the vendee, entered into an agreement dated May 27, 2025, for Project No. 22 2022-05, “Ramsey Street and Omar Street intersection Improvements”. 23 24 The principal items of work include the safety improvement of the intersection of Ramsey 25 Street and Omar Street by providing a left turn pocket for eastbound traffic heading north 26 on Omar Street, installation of access ramps on Omar Street and sidewalks on both Ramsey 27 Street and Omar Street.
28 29 That the work of improvement was completed on October 3, 2025, for Project No. 2022- 30 05, “Ramsey Street and Omar Street intersection Improvements”. 31 (1) The Nature of Interest was civil improvements completed on October 3, 32 2025, for Project No. 2022-05, “Ramsey Street and Omar Street intersection 33 Improvements”.
79

1 (2) That the City of Banning, a municipal corporation, whose address is 2 Banning City Hall, 99 E. Ramsey Street, Banning, California 92220, is completing work 3 of improvement.
4 (3) That said work of improvement was performed at the intersection of 5 Ramsey Street and Omar Street in Banning, California 92220. 6 (4) That the original contractor for said improvement was Van Engineering, 7 Inc. of Wildomar, California, State Contractor’s License No. 1102034. 8 (5) That Performance and Payment bonds were required for this project. 9 (6) The nature of interest is in fee.
10 Dated: November 12, 2025
11 CITY OF BANNING
12 A Municipal Corporation
13 14
15 16 By
17 Art Vela
18 Interim City Manager
19 20 ATTEST:
21 22
23 24 Sandra Calderon
25 Acting Administrative City Clerk
26 27 APPROVED AS TO FORM:
28 29
30 John Pinkney
31 City Attorney
32 Slovak, Baron, Empey, Murphy & Pinkney LLP
33 34
35 80

1 JURAT
2 A notary public or other officer completing this certificate verifies only the identity 3 of the individual who signed the document to which this certificate is attached, 4 and not the truthfulness, accuracy, or validity of that document. 5 6
7 State of California
8 County of Riverside
9 10 Subscribed and sworn to (or affirmed) before me on this ___day of ___________, 2025 11 by ________________________________, who proved to me on this basis of satisfactory 12 evidence to be the person(s) who appeared before me. 13 14
15 16 (S e a l)
17 ______________________________
18 Notary Public in and for said County
19 and State
20 21 STATE OF CALIFORNIA
22 COUNTY OF RIVERSIDE
23 24 SANDRA CALDERON, being duly sworn, deposes and says:
25 26 That I am the Acting Administrative City Clerk of the City of Banning, which City 27 caused the work to be performed on the real property hereinabove described, and is 28 authorized to execute this Notice of Completion on behalf of said City; that I have read the 29 foregoing Notice and know the contents thereof, and that the facts stated therein are true 30 based upon information available to the City of Banning, and that I make this verification 31 on behalf of said City of Banning. I declare under perjury that the forgoing is true and 32 correct.
33 Executed on ___________________, 2025 at Banning, California. 34 35
36 Sandra Calderon
37 Acting Administrative City Clerk
38 City of Banning
39 }
81 RESOLUTION 2025-77

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT FOR PROJECT NO. 2022-05 RAMSEY STREET AND OMAR STREET INTERSECTION IMPROVEMENTS TO VAN ENGINEERING, INC. IN THE AMOUNT OF $ 649,954 AND APPROVING A 10% CONTINGENCY FOR A TOTAL BUDGET OF " NOT-TO-EXCEED" $ 714,949.40
WHEREAS, the intersection of Ramsey Street and Omar Street poses safety issues to the motorists traveling eastbound on Ramsey Street; and WHEREAS, on October 12, 2021, under Resolution 2021- 91, the City Council approved Master Agreement 08-5214S21 and a corresponding Program Supplement Agreement No.

HSIPL- 5214( 013); and
WHEREAS, on June 14, 2022, the City Council approved Resolution 2022- 68 awarding a Professional Services Agreement for the Design of Ramsey Street and Omar Street Intersection Improvements to Albert A. Webb Associates, Inc. in the amount of $39, 698; and WHEREAS, On March 20, 2025, staff released an Invitation for Bids ( IFB) for Ramsey Street and Omar Street Intersection Improvements Project on the City' s public bidding platform.

WHEREAS, on May 1, 2025, in response to the IFB, three ( 3) bids were received ranging in costs from $ 617, 743 to $ 1,123, 000; and
WHEREAS, LC Paving & Sealing, Inc., the lowest bidder, was disqualified due to failure to submit the bid bond by the required deadline; and
WHEREAS, a bid bond is a crucial requirement in the procurement process, ensuring that the bidder is serious and will honor their bid if selected. Failing to submit it on time typically leads to automatic disqualification of the bid as it is often a mandatory condition for bid validity; and WHEREAS, the Project will improve the safety of the intersection of Ramsey Street and Omar Street by providing a left turn pocket for eastbound traffic heading north on Omar Street.

The project will also install access ramps on Omar Street and sidewalks on both Ramsey Street and Omar Street; and
WHEREAS, staff evaluated the bid proposals based on qualifications, cost, experience with the requested scope of services and response to the request for proposals. As a result, staff recommend the award of a Construction Contract to Van Engineering, Inc. in the amount of 649, 954; and
WHEREAS, the total project budget of $714, 949. 40, which includes a 10% contingency, will be funded by Caltrans HSIP, SB1 and Measure A funds. The project costs are eligible and expected to be reimbursed by the State of California Department of Transportation Cycle 10 Highway Safety Improvement Program ( HSIP); and
WHEREAS, appropriations from Measure A Street Fund 101 to Account No. 101~ 00- 431. 93- 16 in the amount of $324, 977 and from SB1 Gas Tax Fund 102 to account 102- 4904- 431. 93- 15 in the amount of $324, 977 are needed to fund the Construction Contract with Van Engineering, Inc.

Resolution 2025- 77

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

SECTION 1. The City Council approves the Construction Contract with Van Engineering , Inc. in the amount of $ 649 ,954 and approving a 10% contingency for a total budget of " not- to-exceed " 714, 949. 40 for the Design of Sun Lakes Boulevard Extension.

SECTION 2. The City Council authorizes the City Manager, or their designee , to execute the Construction Contract with Van Engineering , Inc .

SECTION 3. The City Council authorizes the City Manager to make necessary non- substantive changes and to execute the Construction Contract with Van Engineering , Inc.

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 27th day of May , 2025 .

ATTEST:

Caroline Patton , Adm1
C ity of Banning
APPROVED AS TO FORM:

Resolution 2025- 77

83 CERTIFICATION:

I, Caroline Patton , Administrative City Clerk of the City of Banning, Californ ia, do hereby certify that the foregoing Resolution 2025- 77 , was duly adopted by the City Council of the City of Banning , Californ ia, at a regular meeting thereof he ld on the 27th day of May , 2025 by the following vote , to wit:

AYES : Barrington , Flynn , Miller , Royce , Wallace .

NOES:

ABSENT:

ABSTAIN :

Resolution 2025- 77

Caroline Patton , Administ
City of Banning , Cal iforn ia
84 Resolution 2025- 77

EXHIBIT A
Construction Contract with Van Engineering, Inc.
85 CONTRACT ( C01158)

CITY OF BANNING CONTRACT FOR
OMAR AND RAMSEY INTERSECTION IMPROVEMENTS & IFB 24- 098 THIS CONTRACT (" Contract") is made and entered this ________ (" Effective Date"), by and between the CITY OF BANNING, a California municipal corporation (" City") and Van Engineering, Inc. (" Contractor"). Contractor' s California State Contractor' s license number is 1102034; Class A.

Contractor' s DIR registration number is 2000000589.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid ( including documentation accompanying the Bid and any post- Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Ramsey/ Omar Intersection Improvements (" Project"), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Six Hundred Forty- Nine Thousand Nine Hundred Fifty- Four Dollars ($ 649, 954. 00) in accordance with the prices as submitted in the Bid.

4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers' Compensation Certificate ofInsurance, Additional Insured Endorsement Comprehensive General Liability), Additional Insured Endorsement ( Automobile Liability), and Additional Insured Endorsement ( Excess Liability).

5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act ( 15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

7. Workers' Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract."
C-1
86 8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

10. Debarment or Suspension.

Contractor represents and warrants that, as ofthe Effective Date ofthis Agreement, Contractor is not debarred or suspended pursuant to any applicable Federal or State law providing for the debarment ofcontractors. Contractor shall not perform the Services with any subcontractor that has been debarred or suspended pursuant to any applicable Federal or State law providing for the debarment. Contractor and its subcontractors shall not be debarred or suspended throughout the Term of this Agreement pursuant to any applicable Federal or State law providing for the debarment of contractors. If Contractor or any subcontractor becomes debarred or suspended during the Term ofthis Agreement, Contractor shall immediately notify City.

11. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements.

This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

12. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.

CITY OF BANNING
By: -------------
Acting City Manager
APPROVED AS TO FORM:

Date
By: -------------
City Attorney
ATTEST:

By:

Date
Administrative City Clerk Date
City Council Approval: _____ _
C-2
CONTRACTOR")
By:-------------
Name: Date
Title:
87 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: David Newell, Community Development Director MEETING DATE: November 12, 2025
SUBJECT: Consideration of Ordinance 1613, Adopting Amendments to the Banning Municipal Code, Chapters 8 and 15, to Incorporate the 2025 California Building Standards Codes with Local Amendments and the 2025 California Fire Code with Local Amendments
RECOMMENDATION:

Adopt Ordinance 1613
BACKGROUND:

The City enforces State model building standards and fire codes for the purpose of regulating design and construction of all structures to protect life and property. The State adopts new codes every three years and local agencies must adopt the same codes and make any local amendments with specific findings at least 30 days prior to the effective date of the new codes on January 1, 2026. The existing 2022 codes are currently found in Chapter 15 (Building and Construction) and Chapter 8 (Health and Safety) of the Banning Municipal Code (BMC) and are commonly referred to as Building, Residential, Fire, Plumbing, Mechanical, Electrical, Green and Energy Codes. The City may adopt more restrictive modifications and amendments if the City Council adopts findings relating to local climatic, topographic and geographic conditions, and files those findings with the California Building Standards Commission. The California Building Standards Commission has established January 1, 2026, as the statewide effective date for all the 2025 California Building Standards Codes.

The proposed changes to the Banning Municipal Code (BMC) are strictly for the purpose of adding language to adopt the new codes and cleaning up the existing language by removal of unnecessary or outdated language and adding some minor revisions. The proposed amendments primarily impact BMC Chapter 15 (Building and Construction) by repealing and replacing prior editions of the building standards code with 2025 code references. Other revisions include new State mandated language involving Electric Vehicle Charging permits, revisions to the City’s Unreinforced Masonry (URM) Building Program (due to the obsolete language) and moves language regarding the Fire Code to Chapter 15 (from Chapter 8 Health and Safety) as this language falls specifically under Title 24 regulation.

On October 28, 2025, the City Council held a public hearing on Ordinance 1613 and voted 5-0 to introduce the ordinance with the City Clerk reading it by title only. Prior to taking this action, staff provided a revised Exhibit A of the Ordinance and the Council's motion included incorporating this revision. Revised Exhibit A is included as an attachment to this report.

This report is provided for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective on January 1, 2026.
88 JUSTIFICATION:

Under California law, local jurisdictions are required to adopt the most recent edition of the California Building Standards Code (Title 24 of the California Code of Regulations). Specifically, California Health and Safety Code Sections 17958, 18941.5, and 13869 mandate that cities adopt the updated codes within 180 days of publication by the California Building Standards Commission (CBSC). Failing to adopt the updated code would place the City out of compliance with state law, potentially exposing it to legal and liability risks.

ENVIRONMENTAL DETERMINATION:

The Ordinance is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, since it can be seen with certainty that the adoption of the Ordinance would not have potential for causing a significant effect on the environment, either directly or indirectly and is exempt from further review (14 Cal. Code Regs. Section 15061(b)(3), ”general rule” provision). The Ordinance is also exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 as an action by a regulatory agency taken to protect the environment and natural resources.

FISCAL IMPACT:

There is no direct fiscal impact related to the City for this action.

ALTERNATIVES:

Provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Ordinance 1613

2. Ordinance 1613 - Exhibit A Amending Title 15 (Legislative Copy)

3. Ordinance 1613 - Exhibit B Repealing Chapter 8.16.pdf 89 1
ORDINANCE NO. 1613

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING THE ADOPTION OF THE 2025 EDITION OF THE

CALIFORNIA BUILDING STANDARDS CODE, (CALIFORNIA CODE OF REGULATIONS, TITLE 24), PARTS 1, 2, 2.5, 3, 4, 5, 6, 7, 8, 9, 10, 11 AND 12 AND APPENDICES WITH AMENDMENTS BY AMENDING PORTIONS OF TITLE 15 “BUILDING AND CONSTRUCTION,” ADDING CHAPTER 15.10 (FIRE CODE) WITH AMENDMENTS, ADDING CHAPTER 15.11 (WILDLAND-URBAN INTERFACE), ADDING CHAPTER 15.18 (RESTROOM FACILITIES), ADDING CHAPTER 15.26 (GRADING), RETAINING CHAPTERS 15.36, 15.44, 15.48, 15.52, 15.56, 15.60, 15.64, 15.68,

15.72 AND 15.76 AS UNCHANGED, AND REPEALING CHAPTERS 8.16 (FIRE PROTECTION CODE) AND 15.28 (FIRE DISTRICTS) OF THE BANNING MUNICIPAL CODE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANNING, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS:

SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (CEQA) pursuant to 15061(b)(3), CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment and the proposed text amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the City's zoning powers.

SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the Ordinance enforced.

SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Banning Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.

SECTION 4. Findings. The City Council hereby finds and determines that facts exists to approve amendment to the Banning Municipal Code pursuant to California Health & Safety Code Section 17958, 17958.5, 17958.7, and/or 18941.5 that the proposed amendments to the 2025 edition of the California Building Standards Code,(California Code of Regulations, Title 24), Parts 1, 2, 2.5, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, are necessary for local climatic, geological or topographical conditions, or are of an administrative or procedural nature, and/or do not modify building 90 2
standards and are reasonably necessary to safeguard life and property within the City; the findings are set forth on Exhibit A, which exhibit is attached hereto and made a part thereof.

SECTION 5. Approval. The City Council hereby approves Ordinance 1613 amending various Chapter within Title 15 “Building and Construction”, Adding Chapter 15.10 “Fire Code” with amendments to Title 15, Adding Chapter 15.11 “Wildland-Urban Interface” to Title 15, Adding Chapter 15.18 “Restroom Facilities” to Title 15, Adding Chapter 15.26 “Grading” to Title 15, and Repealing Chapter 15.28 “Fire District”, as set forth on Exhibit A. Exhibit A is attached hereto and incorporated herein by this reference.

The City Council hereby approves Repeal of Chapter 8.16, “Fire Protection Code” in its entirety, as set forth on Exhibit B. Exhibit B is attached hereto and incorporated herein by this reference.

Chapters 15.36, 15.44, 15.48, 15.52, 15.56, 15.60, 15.64, 15.68, 15.72, and 15.76 are not amended by this ordinance and remain unchanged.

SECTION 6. Effective Date and Publication. The Mayor shall sign, and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937 or January 1, 2026, whichever is later.

NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Banning, California, approves an amendment to the City of Banning Municipal Code.

INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Banning, California, held on the 28th day of October 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Banning, California, held on the 12th day of November, 2025.

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Sheri Flynn, Mayor
91 3
City of Banning
Attest: ______________________
Sandra Calderon, Acting Administrative City Clerk
City of Banning
Approved as to form:
_________________________
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney, LLP
92 Exhibit A
Title 15 BUILDINGS AND CONSTRUCTION

Title 15

BUILDINGS AND CONSTRUCTION
Chapters:

Chapter 15.04 GENERAL PROVISIONS

15.04.010 Short title.

This title shall be known and may be cited as the "Building Ordinance of the City of Banning."

15.04.020 Authority.

This title is enacted pursuant to the authority granted to the city by California Government Code section 38660 and Health and Safety Code 15153.

15.04.030 Definitions—Construction Code controlling.

The most recent editions of the Construction Codes incorporated herein pursuant to Chapter 15.08 of this title shall provide the controlling definitions for this title.

15.04.35 Purpose.

The purpose of this article is to safeguard the life, health, property and public welfare of the citizens of the City of banning by regulating the methods of construction, sanitation, design, quality of materials, use and occupancy of all buildings and structures erected or to be erected, and all grading operations, within the jurisdiction of Banning.

15.04.040 Gender defined.

Whenever this chapter refers to any person by use of the masculine gender it shall be deemed to refer also to the feminine gender for all purposes.

15.04.050 Misdemeanor.

A. Any person who violates any provision of this title or the Construction Codes incorporated herein, including but not limited to failure to comply with any specifications or plans submitted with the building permit application, shall be guilty of a misdemeanor for each and every violation punishable by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for up to ninety days or by both fine and imprisonment, unless the penalty is otherwise provided by any section of this title. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue unabated.

B. Any violation shall be corrected within five working days, and each day of violation shall be a separate offense.

C. The application of these penalties shall not prevent enforced removal of the unlawful structure or condition. 93

15.04.060 Issuance of citations by chief building official.

A. The chief building official and his or her designees are authorized by the city council, pursuant to sections 832, 836.5 and 19d of the California Penal Code and subject to the provisions thereof, to arrest a person without a warrant whenever the chief building official has reasonable cause to believe that the person to be arrested has either violated a provision of this title or the California Health and Safety Code in the building official's presence or fails to correct a violation of said provisions and therefore has committed a violation which the chief building official has the discretionary duty to enforce.

B. The chief building official and his or her designees are further authorized by the city council to issue a Notice to Appear and to release such person on his or her written promise to appear in court, pursuant to sections 853.5 and 853.6 of the California Penal Code. Under no circumstances may the building official take the person to be arrested into custody. In the event that the person to be arrested demands to be taken before the magistrate or refuses to provide his or her written promise to appear in court, the chief building official shall either summon a Banning police officer, explain the situation, and request that the Banning police officer arrest the person and take the person into custody, or seek the assistance of the city attorney.

15.04.070 Enforcement
A. Authorization. The Police Department, Fire Department, Utilities Division, Building Official, and other persons designated by the City Manager are authorized to enforce the various provisions of this code under their respective authority or as is specifically assigned to them by the City Manager or City Council.

B. Powers of Arrest. Officials and employees designated to enforce provisions of this code have authority to issue citations for violations of the provisions of this code. Police officers have full authority to arrest persons for violations of the provisions of this code pursuant to any applicable provision of the Penal Code.

Chapter 15.08 CONSTRUCTION CODES

15.08.010 Incorporation by reference.

A. Except as otherwise provided in this chapter, for the purposes of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of building and structures, the following construction codes are hereby adopted by reference as "Chapter 8.16, Fire Protection Code," and all appendices, tables, and indices thereto, as the same existed on December 31, 2022, are hereby adopted by reference and incorporated as if fully set out herein, and the provisions thereof shall be controlling within the limits of the city.

1. California Fire Code, 20252 Edition , based on the 2021 International Fire Code® California Code of Regulations, Title 24, Part 9.

2. California Administrative Code, 2025, Title 24, Part 1

3. California Building Code, 2025, Title 24, Part 2, Volume 1 and 2, and all related Appendices including Appendices A-P

4. California Residential Code, 2025, Title 24, Part 2.5

5. California Electrical Code, 2025, Title 24, Part 3
94

6. California Mechanical Code, 2025, Title 24, Part 4

7. California Plumbing Code, 2025, Title 24, Part 5, and all related Appendices including A-M

8. California Energy Code, 2025, Title 24, Part 6

9. California Historic Building Code, 2025, Title 24, Part 8

10. Wildland-Urban Interface Code, 2025, Title 24, Part 7

11. California Existing Building Code, 2025, Title 24, Part 10

12. California Green Building Code, 2025, Title 24, Part 11

13. California Referenced Standards Code, Title 24, Part 12

14. National Fuel Gas Code

15. National Petroleum Gas Code

16. The International Property Maintenance Code
All appendices, specifications, and listings of all Codes are also hereby incorporated and adopted by reference
B. One copy of each of the Fire Protection Codes, described in this Section, has been deposited in the Office of the City Clerk and shall be at all times maintained at all times by the City Clerk for use and examination by the public.

15.08.015 Building Official
Whenever the terms "Building Official," "building inspector," "plumbing inspector," "electrical inspector," "mechanical inspector," "administrative authority," "plan reviewer", “authority having jurisdiction” or "electrical safety engineer" are used within this chapter or any other ordinance of the City, including this Code, each means the Building Official, or his/her designee.

15.08.020 Amendments to Construction Codes.

A. Notwithstanding the provisions of Section 15.08.010, Section P1010.1 of Appendix P ("Emergency Housing") of the California Building Code, 20225 Edition, is hereby amended to read as follows:
"P101.1 Scope.

This appendix shall be applicable to emergency housing and emergency housing facilities, as defined in Section P102. This appendix shall be applicable to homeless shelters as set forth in this Section 15.80.020 of the Banning Municipal Code."
B. Notwithstanding the provisions of Section 15.08.010, the definition of "Emergency Housing" in Section P102.1 of Appendix P of the California Building Code, 20225 Edition, is hereby amended to read as follows:
"P102.1 General.

The following words and terms shall, for the purposes of this appendix, have the meanings shown herein.

Refer to Chapter 2 of the California Building Code for general definitions.

EMERGENCY HOUSING. Housing in a permanent or temporary structure(s), occupied during a declaration of state of emergency, local emergency, or shelter crisis. Emergency housing may include, but is not limited to, buildings and structures constructed in accordance with the California Building Standards Code; and emergency sleeping cabins, emergency transportable housing units, and tents constructed in accordance 95

with this appendix. Emergency Housing includes "homeless shelters" as defined in Government Code Section 8698.4(c)(1)."
C. Notwithstanding the provisions of Section 15.08.010, Section P103.3 of Appendix P of the California Building Code, 20225 Edition, is hereby amended to read as follows:
"P103.3 Occupant load.

Except as otherwise stated in this appendix, the maximum occupant load allowed in buildings and structures used as emergency housing shall be determined by the enforcing agency, but the interior floor area shall not be less than 30 square feet (2.8 m2 ) for one occupant. Where more than one person occupies the building/structure, the required floor area shall be increased at a rate of 30 square feet (2.8 m2 ) for each occupant in excess of one.

Exceptions:

1. Tents.

2. Recreational vehicles and park trailers designed for human habitation that meet the requirements in the Health and Safety Code, Sections 18009.3 and 18010, as applicable.

3. For emergency housing, including emergency sleeping cabins, the minimum interior floor area may be reduced to 30 square feet (2.8 m2 ) if the enforcing agency determines that 30 square feet (2.8 m2 ) is adequate space for a single- occupancy sleeping unit." D. Notwithstanding the provisions of Section 15.08.010, Section P104.1 and P104.4.1 of Appendix P of the California Building Code, 20225 Edition, is hereby amended to read as follows:
“P104.1 The requirements of height and areas for minimum unit size sleeping cabins shall apply to temporary housing for the unhoused population within the City of Banning.” "P104.4.1 Egress window or hatch.

The bottom of the clear opening of the egress window or hatch shall not be more than 44 inches (1118 mm) above the floor. The egress window or hatch shall have a minimum net clear opening height of 24 inches (610 mm), and a minimum net clear opening width of 20 inches (508 mm). The egress window or hatch shall have a minimum net clear opening area of 5 square feet (0.465 m2) ." E. Notwithstanding the provisions of Section 15.08.010, item 2 under "Building" of Subsection R105.2 ("Work Exempt from Permit") of Section R105 ("Permits") of Division II ("Administration") of Chapter 1 ("Scope and Application") of the California Residential Code, 20225 Edition, is hereby amended to read as follows:
"2. Fences not over 6 feet (1829 mm) high."
F. Notwithstanding the provisions of Section 15.08.010, Section 115922 of Appendix AX ("Swimming Pool Safety Act") of the California Residential Code, 20225 Edition, is hereby amended to read as follows:
"115922.
(a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with item 1 below and at least one additional of the following seven drowning prevention safety features:
(1) An enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have its door openings equipped with protection as required in subdivision (a)(4) or (a)(5) of Section 115922. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement.
96

(2) Removable mesh fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device.
(3) An approved safety pool cover, as defined in subdivision (d) of Section 115921. (4) Exit alarms on the private single-family home'shome doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that "the door to the pool is open." (5) A self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1372 mm) above the floor on the private single-family home's doors providing direct access to the swimming pool or spa.
(6) An alarm that, when placed in a swimming pool or spa will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 "Standard Safety Specification for Residential Pool Alarms," which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
(7) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).
(b) Before issuance of a final approval for the completion of permitted construction or remodeling work, the local building official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval." G. Notwithstanding the provisions of section 15.08.010, Section AZ101.1 of Appendix AZ of the California Residential Code, 20225 Edition, is hereby amended to read as follows:
"AZ101.1 Scope.

This appendix shall be applicable to emergency housing and emergency housing facilities, as defined in Section AZ102. This appendix shall be applicable to homeless shelters as set forth in this Section 15.80.020 of the Banning Municipal Code."
H. Notwithstanding the provisions of section 15.08.010, the definition of "Emergency Housing" in Section AZ102.1 of Appendix AZ of the California Residential Code, 20225 Edition, is hereby amended to read as follows:
"AZ102.1 General.

The following words and terms shall, for the purposes of this appendix, have the meanings shown herein.

Refer to Chapter 2 of the California Residential Code for general definitions.

EMERGENCY HOUSING. Housing in a permanent or temporary structure(s), occupied during a declaration of state of emergency, local emergency, or shelter crisis. Emergency housing may include, but is not limited to, buildings and structures constructed in accordance with the California Building Standards Code; and emergency sleeping cabins, emergency transportable housing units, and tents constructed in accordance with this appendix. Emergency Housing includes "homeless shelters" as defined in Government Code Section 8698.4(c)(1)."
I. Notwithstanding the provisions of section 15.08.010, Section AZ103.3 of Appendix AZ of the California Residential Code, 20252 Edition, is hereby amended to read as follows:
"AZ103.3 Occupant load.
97

Except as otherwise stated in this appendix, the maximum occupant load allowed in buildings and structures used as emergency housing shall be determined by the enforcing agency, but the interior floor area shall not be less than 30 square feet (2.8 m2 ) for one occupant. Where more than one person occupies the building/structure, the required floor area shall be increased at a rate of 30 square feet (2.8 m2 ) for each occupant in excess of one.

Exceptions:

1. Tents.

2. Recreational vehicles and park trailers designed for human habitation that meet the requirements in the Health and Safety Code, Sections 18009.3 and 18010, as applicable.

3. For emergency housing, including emergency sleeping cabins, the minimum interior floor area may be reduced to 30 square feet (2.8 m2 ) if the enforcing agency determines that 30 square feet (2.8 m2 ) is adequate space for a single- occupancy sleeping unit." J. Notwithstanding the provisions of section 15.08.010, Section AZ104.4.1 of Appendix AZ of the California Residential Code, 20252 Edition, is hereby amended to read as follows:
"AZ104.4.1 Egress window or hatch.

The bottom of the clear opening of the egress window or hatch shall not be more than 44 inches (1118 mm) above the floor. The egress window or hatch shall have a minimum net clear opening height of 24 inches (610 mm), and a minimum net clear opening width of 20 inches (508 mm). The egress window or hatch shall have a minimum net clear opening area of 5 square feet (0.465 m2 )." K. Notwithstanding the provisions of section 15.08.010, footnote a. is hereby added to Figure 100.1-A ("California Climate Zones: Climate Zones for Residential and Nonresidential Occupancies") of Section 100.1 ("Definitions and Rules of Construction") of Subchapter 1 ("All Occupancies—General Provisions") of the California Energy Code, 20225 Edition, to read as follows:
"a. The City of Banning can be either Climate Zone 10 or 15."

15.08.025 Specific Revisions
Notwithstanding the provisions of section 15.08.010, Section 105.2 of the California Building Code and R105.2 of the Residential Building Code, 2025 Edition, is amended as follows:
105.2 CBC and R105.2 RBC work exempt from permits:

Fences that are not over 6 feet in height and not obstructing line of site from a roadway or blocking a required path or right of way.

15.08.030 Interpretation of the Banning Municipal Code and zoning code with regarding to references to the amended construction codes.

For the purposes of interpreting the adopted Construction Codes in the Banning Municipal Code and Zoning Code, references to the international uniform building code shall be replaced with the latest adopted California Building Code, if any.

15.08.035 Design Criteria
98 Created: 2025-06-14 16:07:13 [EST]
(Supp. No. 58, 3-25)

Design criteria in the City of Banning will be specified for each area within the City respectively by the ASCE Hazard Tool for seismic category, wind load and exposure classification. This tool may be found at https://ASCEhazardtool.org and is available at no cost to the public.

15.08.040 Additional penalties.

In addition to those penalty provisions adopted by reference from those codes listed in section 15.08.010, the following penalties shall also apply:

It shall be unlawful for any person, firm, corporation, or association of persons to violate any provision of this chapter, or to violate the provisions of any permit granted pursuant to this chapter. Any person, firm, corporation, or association of persons violating any provisions of this chapter, or the provisions of any permit granted pursuant to this chapter, shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person or entity shall be deemed guilty of separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter or the provisions of any permit.

Chapter 15.10
FIRE CODE (TITLE 24-PART 9)
Sections:

15.10.010 Application and adoption of the California Fire Code

15.10.020 Amendments to the 2025 California Fire Code

15.10.010 - Application and adoption of the California Fire Code.

Except as stated in this section or as amended below in section 15.10.020 of this chapter, all of the provisions and appendices of the 2025 California Fire Code, inclusive of all of the inclusions and exclusions set for in each chapter's matrix, are hereby adopted and shall apply to the City of Banning. Any reference in this title to Riverside County shall include the City of Banning. In addition, the following provisions that are excluded in the 2025 California Fire Code are hereby adopted: Chapter 1, Division II of the California Fire Code (excluding Sections 103.2 and 112.3), Chapters 3 and 25, and Sections 503, 510.2,1103.2, and 5707.

15.10.020 - Amendments to California Fire Code.

The codes, chapters, standards, and appendices are amended as specifically set forth in the following chapters herein:

A. SCOPE AND GENERAL REQUIREMENTS

1. Section 101.4 of the California Fire Code is deleted in its entirety and replaced with the following:
101.4 Severability. If any provision, clause, sentence, or paragraph of this code or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this code which can be given effect without the invalid provision or application, and to this end, the provisions of this code are hereby declared to be severable.
99

B. APPLICABILITY

1. Section 102.5 of the California Fire Code is amended as follows:
102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:

1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 of this code shall apply.

2. Administrative, operational and maintenance provisions of this code shall apply.

3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,600 square feet (334 m2) or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R317.5.1 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages.

2. A new Section 102.13.1 is added to Section 102.13 of the California Fire Code to read as follows:
102.13.1 Application of the California Wildland-Urban Interface Code. Where a conflict exists between the provisions of the Banning Fire Code and the California Wildland-Urban Interface Code, the more restrictive provisions shall apply.

C. DUTIES AND POWERS OF THE FIRE CODE OFFICIAL

1. Section 104.1.1 is added to Section 104.1 of the California Fire Code to read as follows:
104.1.1 Authority of the Fire Chief, Chief Deputy and Fire Department.

1. The Fire Chief, Chief Deputy, or their designee, is authorized and directed to enforce all applicable State fire laws and provisions of this code and to perform such duties as directed by the City Council.

2. The Fire Chief, Chief Deputy, or their designee, is authorized to administer, interpret and enforce this code. Under the Fire Chief, Chief Deputy, or their designee’s direction, the Riverside County Fire Department is authorized to enforce ordinances of the City of Banning pertaining to the following:

2.1. The prevention of fires.

2.2. The suppression or extinguishment of dangerous or hazardous fires.

2.3. The storage, use and handling of hazardous materials.

2.4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment.

2.5. The maintenance and regulation of fire escapes.
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2.6. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction.

2.7. The maintenance of means of egress.

2.8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.

3. The following persons are hereby authorized to interpret and enforce the provisions of this code and to make arrests and issue citations as authorized by law:

3.1. The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection.

3.2. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department.

3.3. The Riverside County Sheriff and any deputy sheriff.

3.4. The Police Chief and any police officer of any city served by the Riverside County Fire Department.

3.5. Officers of the California Highway Patrol.

3.6. Code Officers of the City of Banning Code Enforcement Department.

3.7. Peace Officers of the California Department of Parks and Recreation.

3.8. The law enforcement officer of the Federal Bureau of Land Management.

2. Section 104.2 of the California Fire Code is deleted and replaced with the following:
104.2 Determination of compliance. The fire code official shall have the authority to determine compliance with this code, to render interpretations of this code and to develop policies, procedures, guidelines, standards, and information bulletins in order to clarify the application of its provisions. Such interpretations, policies, procedures:

1. Shall be in compliance with the intent and purpose of this code.

2. Shall not have the effect of waiving requirements specifically provided for in this code.

3. Shall be enforceable as part of this code.

3. Sections 104.8 and 104.8.1 of the California Fire Code are deleted in their entirety and replaced with the following:
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104.8 Liability. Any liability against Riverside County or the City of Banning or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.

4. Section 104.12 is added to Section 104 of the California Fire Code to read as follows:
104.12 Authority of the Fire Chief to close hazardous fire areas. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the Riverside County Board of Supervisors and/or the City Council within fifteen (15) calendar days of the Fire Chief's original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands.

This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. For the purpose of this section, “hazardous fire area” shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief.

D. FEES

1. Section 108.2 of the California Fire Code is deleted in its entirety and replaced with the following:
108.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the City of Banning fee schedule.

2. Section 108.7 is added to Section 108 of the California Fire Code to read as follows:
108.7 Cost recovery. Pursuant to California Health and Safety Code sections 11374.5(b)(1), 13009 et seq., 25259.4, 25515(a), 25540(a), 25541 (a), California Government Code sections 53150 et seq, and all other provisions of law, all costs incurred by the Riverside County Fire Department for the inspection and enforcement of any provision of these Codes, the investigation of any fire, explosion or other hazardous condition, the suppression of fire, the response to a traffic collision or accident, the containment and/or mitigation of a hazardous materials release, and any rescue or rendering of medical or physical aid or assistance, may be charged to any responsible party, any person who violates these Codes or any person who, due to a negligent or unlawful act or omission, is responsible for or requires or causes the emergency response of Riverside County Fire Department. Any expense incurred by the Riverside County Fire Department for such an emergency response shall constitute a debt of such person and shall be collectible by the County in the same manner as in the case of an obligation under contract, express or implied. These provisions shall be applied uniformly against all such persons in violation of a Penal Code, Vehicle Code, Health and Safety Code or other state law statutory violation; only a county official shall have authority to reduce or cancel the debt obligation arising from the incident.

E. MEANS OF APPEALS
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1. Section 112.1 of the California Fire Code is deleted in its entirety and replaced with the following:
112.1 Board of appeals established. The Board of Appeals shall be the City Manager. If he or she determines an outside board is needed, he or she shall designate an outside hearing officer to hear the appeal. The Fire Chief and Chief Deputy shall be notified of any appeal and the Fire Chief, Chief Deputy, or their designee’s shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the Appeals Board.

F. VIOLATIONS

1. Section 113.4 of the California Fire Code is deleted in its entirety and replaced with the following:
113.4 Violation and penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this code, or to violate the provisions of any permit granted pursuant to this code. Punishments and penalties for violations shall be in accordance with the City of Banning ordinances and fee schedules and Health and Safety Code Sections 17995 through 17995.5.

G. DEFINITIONS

1. The definition of “Fire Chief” in Section 202 of the California Fire Code is deleted in its entirety and replaced with the following:

FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief’s designee.

H. OPEN FLAMES

1. Section 308.1.6.3 of the California Fire Code is deleted in its entirety and replaced with the following:
308.1.6.3 Sky lanterns or similar devices. A person shall not release or cause to be released a sky lander or similar device.

I. FIRE APPARATUS ACCESS ROADS

1. A new Section 503.1.2.1 is added to Section 503.1.2 of the California Fire Code to read as follows:
503.1.2.1 Remoteness. Unless otherwise approved, where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses.
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2. Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time.

3. Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations

4. Section 503.6.1 is added to Section 503.6 of the California Fire Code to read as follows:
503.6.1 Automatic opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department standards and Policies, as may be amended from time to time.

Exception: Gates serving individual one- and two-family dwelling parcels.

5. Section 503.7 is added to Section 503 of the California Fire Code to read as follows:
503.7 Loading areas and passenger drop-off areas. On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger dropoff or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road.

J. FIRE PROTECTION WATER SUPPLIES

1. Section 507.5.7 is added to Section 507 of the California Fire Code to read as follows:
507.5.7 Fire hydrant size and outlets. As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following:

1. Residential Standard - one (1) four (4) inch outlet and one (1) two and half (2½) inch outlet.

2. Super Hydrant Standard - one (1) four (4) inch outlet and two (2) two and one half (2½) inch outlet

3. Super Hydrant Enhanced - two (2) four (4) inch outlet and one (1) two and one half (2½) inch outlet.

2. Section 507.5.8 is added to Section 507.5 of the California Fire Code to read as follows:
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507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Guidelines, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.

K. FIRE COMMAND CENTER

1. Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in buildings greater than 300,000 square feet (27 870 m2) in area and in Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.7.

2. Section 508.1.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1.1 Location and access. The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the fire code official. The room shall have direct access from the building exterior at the lowest level of fire department access.

3. Section 508.1.3 of the California Fire Code is amended to add the following:
508.1.3 Size. The fire command center shall be not less than 0.015 percent of the total building area of the facility served or 200 square feet (19 m2) in area, whichever is greater, with a minimum dimension of 0.7 times the square root of the room area or 10 feet (3048 mm), whichever is greater.

Where a fire command center is solely required because a building is greater than 300,000 square feet (27 870 m2), the fire command center shall have a minimum size of 96 square feet (9 m2) with a minimum dimension of 8 feet (2438 mm) where approved by the fire code official.

L. FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND ACCESS

1. A new Section 509.2.1 is added to Section 509.2 of the California Fire Code to read as follows:
509.2.1 Minimum clearances. A 3-foot (914 mm) clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access, except as otherwise required or approved.

M. MECHANICAL REFRIGERATION
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1. Section 608.11.1.2 of the California Fire Code is deleted in its entirety and replaced with the following:
608.11.1.2 Manual operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls.

N. AUTOMATIC SPRINKLER SYSTEMS

1. Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following:
903.2 Where required.

1. In all new buildings and structures which are 3,600 square feet (334 m2) or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the Sections 903.2.1 - 903.2.20 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.

2. All existing buildings, except for one- and two-family dwellings, shall be retrofitted with automatic fire sprinklers when a structure exceeds 3,600 square feet and changes are made to the building including any of the following: change of use/occupancy, removal of an existing fire wall as defined by the California Building Code, or additions of 50% or more are made to the original building area and the resulting square footage exceeds 5,000 square feet.

3. One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.

Exceptions: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:

1. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries not required to have an automatic sprinkler system by Section 1207 for energy storage systems and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection 106

system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire barriers constructed in accordance with Section 707 of the California Building Code or not less than 2-hour horizontal assemblies constructed in accordance with Section 711 of the California Building Code, or both.

2. Detached Group U occupancies used for agricultural or livestock purposes, less than 5,500 square feet (511 m2), and having setback distances of 50 feet (15 m) or more from the property line and other buildings.

3. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses.

4. Non-combustible fueling station canopies not exceeding 10,000 square feet when separated from other buildings by a distance of not less than 50 feet.

5. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking.

6. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.

The following exceptions in the California Fire Code shall not be allowed:
a) Exception in Section 903.2.3
b) Exception in Section 903.2.11.3

2. Section 903.3.5.3 is added to Section 903.3.5 of the California Fire Code to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90 percent of the water supply capacity.

O. COMMERCIAL HOOD AND DUCT SYSTEMS

1. A new Section 904.2.2.1 is added to Section 904.2.2 of the California Fire Code to read as follows:
904.2.2.1 Activation of the Fire Alarm System. Where a fire alarm signaling system, or a Dedicated Function Fire Alarm System is serving the occupancy where the extinguishing system is located, the actuation of the automatic fire-extinguishing system shall actuate the fire alarm signaling system in accordance with the requirements of NFPA 72.  If a fire alarm signaling system, or a Dedicated Function Fire Alarm System is not present, one will be required to be installed to provide monitoring for the automatic fire extinguishing system.

P. GENERAL FIRE PROTECTION AND LIFE SAFETY FEATURES
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1. Section 3206.4.2 is added to Section 3206.4 of the California Fire Code to read as follows:
3206.4.2 Minimum requirements for client leased or occupant owned warehouses.

Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. Unless otherwise approved a Professional Engineer, licensed in the State of California shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include referenced design document(s), including NFPA 13 or the current applicable factory mutual data sheets. If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review.

Q. MOBILE FOOD PREPARATION VEHICLES

1. A new Section 4107 is added to Chapter 41 of the California Fire Code to read as follows:
4107 MOBILE FOOD PREPARATION VEHICLES.

2. New Sections 4107.1 through 4107.2.3 are added to Section 4107 of the California Fire Code to read as follows:
4107.1 General. Mobile food preparation vehicles that are equipped with appliances that produce smoke or grease-laden vapors shall comply with this section. 4107.2 Maintenance. Maintenance of systems on mobile food preparation vehicles shall be in accordance with Sections 4107.2.1 through 4107.2.3. 4107.2.1 Exhaust system. The exhaust system, including hood, grease-removal devices, fans, ducts and other appurtenances, shall be inspected and cleaned in accordance with Section 606.3.
4107.2.2 Fire protection systems and devices. Fire protection systems and devices shall be maintained in accordance with Section 901.6.
4107.2.3 Fuel gas systems. LP-gas containers installed on the vehicle and fuel-gas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the U.S. Department of Transportation to requalify LP-gas cylinders, to ensure that system components are free from damage, suitable for the intended service and not subject to leaking. CNG containers shall be inspected every 3 years in a qualified service facility. CNG containers shall not be used past their expiration date as listed on the manufacturer’s container label. Upon satisfactory inspection, the approved inspection agency shall affix a tag on the fuel gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection.
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R. FIREWORKS DISPLAYS

1. A new Section 5608.2 is added to Section 5608 of the California Fire Code to read as follows:
5608.2 Fallout Area. For aerial shells, the minimum required radius of the fallout area shall be 100 ft/in. (22 m/25 mm) of the internal mortar diameter of the largest aerial shell to be fired, unless otherwise approved.

S. APPENDIX B

1. A new Section B103.2.1 is added to Section B103.2 of the California Fire Code to read as follows:

B103.2.1 Wildland-Urban Interface Area Subdivisions. The minimum fire flow for any new subdivision or tract constructed within a Wildland-Urban Interface Area shall be 1,500 gallons per minute.

2. Table B105.2 of the California Fire Code is amended as follows:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

AUTOMATIC SPRINKLER SYSTEM
(Design Standard)

MINIMUM FIRE-FLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California
Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at the
reduced flow rate
Section 903.3.1.2 of the California
Fire Code
50% of the value in Table
B105.1(2)b
Duration in Table B105.1(2) at the
reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute. b. The reduced fire-flow shall be not less than 1,500 gallons per minute.

T. APPENDIX C

1. Section C103.1 of the California Fire Code is deleted in its entirety and replaced with the following:

C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code 109

shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall be provided at street intersections.”
Chapter 15.11
WILDLAND-URBAN INTERFACE CODE (TITLE 24-PART 7)
Sections:

15.11.010 Application and adoption of the California Wildland-Urban Interface Code

15.11.020 Amendments to California Wildland-Urban Interface Code

15.11.010 Application and adoption of the California Wildland-Urban Interface Code.

Except as stated in this Section or as amended below in Chapter 15.11.020 of this Ordinance, all of the provisions and appendices of the 2025 California Wildland-Urban Interface Code, inclusive of all of the inclusions and exclusions set for in each chapter's matrix, are hereby adopted and shall apply to the City of Banning. In addition, the following provisions that are excluded in the 2025 California Wildland-Urban Interface Code – Chapter 1, Division II of the California Wildland-Urban Interface Code is hereby adopted, except that Sections 103.2 and 112.3 are not adopted, and sections A101 through A102.2, A102.4, A104, A105.1, A105.4 through A105.4.2, A106 through A106.2 and A107 through A107.5 are adopted.

15.11.020 Amendments to California Wildland-Urban Interface.

The codes, chapters, standards, and appendices are amended as specifically set forth in the following chapters herein:

A. APPLICABILITY.

1. A new Section 102.4.1.1 is added to Section 102.4.1 of the California Wildland-Urban Interface Code to read as follows:
102.4.1.1 Application of the California Wildland-Urban Interface Code. Where a conflict exists between the provisions of the Banning Fire Code and the California Wildland-Urban Interface Code, the more restrictive provisions shall apply.

B. DUTIES AND POWERS OF THE CODE OFFICIAL.

1. A new Section 104.l.l is added to Section 104.1 of the California Wildland-Urban Interface Code to read as follows:
104.1.1 Authority of the Fire Chief, Chief Deputy, and Fire Department.

1. The Fire Chief, Chief Deputy, or their designee is authorized and directed to enforce all applicable State fire laws and provisions of this 110

ordinance and to perform such duties as directed by the Riverside County Board of Supervisors.

2. The Fire Chief, Chief Deputy, or their designee is authorized to administer, interpret and enforce this ordinance. Under the Fire Chief’s, Chief Deputy, or their designee’s direction, the Riverside County Fire Department is authorized to enforce ordinances of Riverside County pertaining to the following:

2.1. The prevention of fires.

2.2. The suppression or extinguishment of dangerous or hazardous fires.

2.3. The storage, use and handling of hazardous materials.

2.4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment.

2.5. The maintenance and regulation of fire escapes.

2.6. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction.

2.7. The maintenance of means of egress.

2.8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.

3. The following persons are hereby authorized to interpret and enforce the provisions of this ordinance and to make arrests and issue citations as authorized by law:

3.1. The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection.

3.2. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department.

3.3. The Riverside County Sheriff and any deputy sheriff.

3.4. The Police Chief and any police officer of any city served by the Riverside County Fire Department.

3.5. Officers of the California Highway Patrol.

3.6. Code Officers of the City of Banning Code Enforcement Department.
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3.7. Peace Officers of the California Department of Parks and Recreation.

3.8. The law enforcement officer of the Federal Bureau of Land Management.

2. Section 104.2 of the California Wildland-Urban Interface Code is deleted and replaced with the following:
104.2 Determination of compliance. The fire code official shall have the authority to determine compliance with this code, to render interpretations of this code and to develop policies, procedures, guidelines, standards, and information bulletins in order to clarify the application of its provisions. Such interpretations, policies, procedures:

1. Shall be in compliance with the intent and purpose of this code.

2. Shall not have the effect of waiving requirements specifically provided for in this code.

3. Shall be enforceable as part of this code.

3. Sections 104.8 and 104.8.1 of the California Wildland-Urban Interface Code are deleted in their entirety and replaced with the following:
104.8 Liability. Any liability against Riverside County or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.

C. PERMITS.

1. Sections 105.2 of the California Wildland-Urban Interface Code is deleted in its entirety and replaced with the following:
105.2 Permits Required. Unless otherwise exempted, buildings or structures regulated by this code shall not be erected, constructed, altered, repaired, moved, removed, converted, demolished or changed in use or occupancy unless a separate permit for each building or structure has first been obtained from the code official.

For buildings or structures erected for temporary uses, see Section A108.3.

Where required by the code official, a permit shall be obtained for the following activities, operations, practices or functions within a wildland-urban interface area:

1. Automobile wrecking yard.

2. Candles and open flames in assembly areas.

3. Explosives or blasting agents.

4. Fireworks.

5. Flammable or combustible liquids.
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6. Hazardous materials.

7. Liquefied petroleum gases.

8. Landscape and fuel modification zones.

9. Lumberyards.

10. Motor vehicle fuel-dispensing stations.

11. Open burning.

12. Pallet Yards.

13. Pyrotechnical special effects material.

14. Tents, canopies and temporary membrane structures.

15. Tire storage.

16. Welding and cutting operations.

D. FEES.

1. Section 108.2 of the California Wildland-Urban Interface Code is deleted in its entirety and replaced with the following:
108.2 Schedule of permit fees. Fees for services and permits shall be as set forth in the City of Banning fee schedule.

2. A new Section 108.7 is added to Section 108 of the California Wildland-Urban Interface Code to read as follows:
108.7 Cost recovery. Pursuant to California Health and Safety Code sections 11374.5(b)(1 ), 13009 et seq., 25259.4, 25515(a), 25540(a), 25541 (a), California Government Code sections 53150 et seq, and all other provisions of law, all costs incurred by the Riverside County Fire Department for the inspection and enforcement of any provision of these Codes, the investigation of any fire, explosion or other hazardous condition, the suppression of fire, the response to a traffic collision or accident, the containment and/or mitigation of a hazardous materials release, and any rescue or rendering of medical or physical aid or assistance, may be charged to any responsible party, any person who violates these Codes or any person who, due to a negligent or unlawful act or omission, is responsible for or requires or causes the emergency response of Riverside County Fire Department. Any expense incurred by the Riverside County Fire Department for such an emergency response shall constitute a debt of such person and shall be collectible by the County in the same manner as in the case of an obligation under contract, express or implied. These provisions shall be applied uniformly against all such persons in violation of a Penal Code, Vehicle Code, Health and Safety Code or other state law statutory violation; only a county official shall have authority to reduce or cancel the debt obligation arising from the incident.

E. INSPECTION AND ENFORCEMENT
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1. Section 109.3.7 of the California Wildland-Urban Interface Code is deleted in its entirety and replaced with the following:
109.3.7 Violation and penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this ordinance, or to violate the provisions of any permit granted pursuant to this code. Punishments and penalties for violations shall be in accordance with the City of Banning ordinances, any applicable fee schedule, and Health and Safety Code Sections 17995 through 17995.5 and Government Code Section 51185.

F. DEFINITIONS.

1. Section 202, definition of "Fire Chief” in the California Wildland-Urban Interface Code is deleted in its entirety and replaced with the following:

FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief’s designee.

G. WILDLAND-URBAN INTERFACE AREA DESIGNATIONS.

1. Section 302.1.1 is added to Section 302.1 of the California Wildland-Urban Interface Code to read as follows:
302.1.1 Designation of Fire Hazard Severity Zones. The City of Banning has adopted the recommendations of the State Fire Marshal made pursuant to Government Code section 51178 and designated those areas within the County as moderate, high, and very high fire hazard severity zones as shown on the Local Responsibility Area Fire Hazard Severity Zones Maps published by the Office of the State Fire Marshal. The Maps have been adopted under Ordinance 1610.

H. SPECIAL BUILDING CONSTRUCTION REGULATIONS

1. Section 501.1 of the California Wildland-Urban Interface shall be amended as follows:
501.1 Scope. Buildings and structures in a wildland-urban interface area shall be constructed in accordance with the California Building Code and this code. For the purpose of this Chapter, a wildland-urban interface area shall be defined as a geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, and other areas designated by the enforcing agency to be at a significant risk from wildfires, and shall include those areas designated by Ordinance 1610 as moderate, high, and very high fire hazard severity zones based on recommendations from the State Fire Marshal pursuant to Government Code Section 51178.

Exceptions:

1. Group U accessory structures not exceeding 120 square feet (11 m2) in floor area where located not less than 50 feet (15 240 mm) from applicable buildings.

2. Group U agricultural buildings not less than 50 feet (15 240 mm) from applicable buildings.
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I. FIRE PROTECTION PLANS.

1. Section 602.1 of the California Wildland-Urban Interface Code is amended as follows:
602.1 General. A fire protection plan shall be submitted to the Fire Code Official for any proposed subdivision of land or building project. The fire protection plan shall be prepared to determine the acceptability of fire protection and life safety measures designed to mitigate wildfire hazards presented for the property under consideration.

The fire protection plan shall be prepared by a registered design professional, qualified landscape architect, qualified fire safety specialist or similar specialist acceptable to the code official and shall analyze the wildfire risk of the building, project, premises or region to recommend necessary changes.

Submittal of a preliminary fire protection plan shall be required prior to the submission of a final fire protection plan.

Exception: A single-family dwelling (Group R-3 Occupancy) when located on an existing legal parcel.

2. Section 602.3.2 of the California Wildland-Urban Interface Code is amended as follows:
602.3.2 Final Fire Protection Plan. Final fire protection plan shall include items listed in Section 602.3.1 and the following:

1. A map identifying all proposed plants in the fuel modification zones with a legend that includes a symbol for each proposed plant species. The plan shall include specific information on each species proposed, including but not limited to:

1.1 The plant life-form;

1.2 The scientific and common name; and

1.3 The expected height and width for mature growth.

2. Identification of irrigated and non-irrigated zones.

3. Requirements for vegetation reduction around emergency access and evacuation routes.

4. Identification of existing vegetation proposed to remain.

5. Identification of points of access for equipment and personnel to maintain vegetation in common areas.

6. Methods and timetables for controlling, changing, or modifying areas on the property.

7. Legally binding statements regarding community responsibility for maintenance of fuel modification zones.
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8. Legally binding statements to be included in covenants, conditions and restrictions regarding property owner responsibilities for vegetation maintenance.

J. VEGETATION PLAN.

1. Section 603.1 of the California Wildland-Urban Interface Code is amended as follows:
603.1 General. Planting of vegetation for new and replacement landscaping shall be selected to reduce vegetation in proximity to a structure and to maintain vegetation as it matures.

2. Section 603.3 of the California Wildland-Urban Interface Code is amended as follows:
603.3 Landscape and Fuel Modification plans. Landscape and Fuel Modification plans shall be submitted for any project located in a WUI area. The landscape and Fuel Modification plan shall include development and maintenance requirements for the vegetation management zone adjacent to structures and roadways, and to provide significant fire hazard reduction benefits for public and firefighting safety.

3. Section 603.3.1 of the California Wildland-Urban Interface Code is amended as follows:
603.3.1 Contents. Landscape plans shall contain the following:

1. Delineation of the 5-foot (1524 mm) (Zone 0), 30-foot (9144 mm) (Zone 1) and 100-foot (30 480 mm) (Zone 2) fuel management zones from all structures.

2. Identification of existing vegetation to remain and proposed new vegetation.

3. Identification of irrigated areas.

4. A plant legend with both botanical and common names, and identification of all plant material symbols.

5. Identification of ground coverings within the 30-foot (9144 mm) zone.

J. MAINTENANCE OF DEFENSIBLE SPACE.

1. Section 604.1 of the California Wildland-Urban Interface Code is amended as follows:
604.1 General. Vegetation and fuels shall be managed to reduce the severity of potential exterior wildfire exposure to buildings and to reduce the risk of fire spreading to buildings as required by applicable laws and regulations.

2. Section 604.3 of the California Wildland-Urban Interface Code is amended as follows:
604.3 Requirements. Vegetation and fuels around all buildings and structures shall be maintained in accordance with the following laws and regulations:

1. Public Resources Code, Section 4291.
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2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3, Section 1299.03.

3. California Government Code, Section 51182.

4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.

5. The requirements of Chapter 15.11, Appendix A of this ordinance and Riverside County Fire Department Guidelines.

3. Section 604.3.1 is added to Section 604.3 of the California Wildland-Urban Interface Code to read as follows:
604.3.1 Retroactivity. When required by the Fire Code Official, or State Law, existing Defensible Space/Fuel Modification Zones (FMZ) shall require retrofitting, including thinning and/or removal of plants, trees, and vegetation, to meet this Code or State Law.

Upon notification by the Fire Code Official, and when approved, work to bring an existing Defensible Space and FMZ into compliance with this Code, may be done over a two to four (2-4) year period as determined by the Fire Code Official. A compliance plan prepared by the property owner may be requested for review and approval by the Fire Code Official.

4. Section 604.6 is added to the California Wildland-Urban Interface Code to read as follows:
604.6 Clearance of brush, vegetative growth, and combustible material from improved parcels. All improved parcels declared a Public Nuisance shall be cleared entirely of combustible material. If the Fire Code Official determines this impractical, the provisions of Chapter 15.11, Section 604.7 may be used.

5. Section 604.7 is added to the California Wildland-Urban Interface Code to read as follows:
604.7 Clearance of fuels or vegetative growth from structures. Clearance of fuels and vegetative growth from structures shall be per sections 604.7.1 through 604.7.4 of this code.

6. Section 604.7.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.7.1 Structures. Any person owning, leasing, controlling, operating, or maintaining any Building or structure in, upon, or adjoining any FHSZ, governed by this section, and any person owning, leasing, or controlling any land adjacent to such Buildings, shall at all times maintain around and adjacent to such Building, an effective firebreak made by removing and clearing away, all combustible material on their property for a distance not less than 100 feet from all portions of the Building.

Distances may be increased by the Fire Code Official due to a site-specific analysis based on local conditions and when required, based on a Fire Protection Plan. This section shall not apply to single specimens or stands of protected species of trees, Ornamental Landscape or similar plants used in landscaping and ground covers, that are well-pruned, maintained, and spaced, and do not form a means of rapidly transmitting fire from other 117

nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure.

7. Section 604.7.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.7.2 Timing for New Buildings and additions to Existing Buildings. The provisions of Chapter 15.11, Section 604.7 shall be completed prior to vertical construction of any New Building or addition to an Existing Building.

8. Section 604.7.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.7.3 Photovoltaic Systems. The clearance requirements around freestanding photovoltaic systems and equipment shall comply with the following:

1. A minimum 10-foot clearance for clusters of panels not exceeding 1,500 square feet of combined panel area.

2. A minimum of 30-foot clearance for clusters of panels greater than 1,500 square feet of combined panel area.

3. Clusters shall be separated by a minimum of 20 feet.

4. Panels and clusters shall be not located within 30 feet of any Building subject to clearance requirements of Chapter 15.11, Section 604 unless the clearance requirements of Chapter 15.11, Section 604 are provided as measured from the perimeter of the panel or cluster.

9. Section 604.8 is added to the California Wildland-Urban Interface Code to read as follows:
604.8 Defensible Space clearance zones and requirements. The required 100-foot Defensible Space clearance is identified in three (3) distinct zones: Zone 0, 1, and 2.

10. Section 604.8.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.1 Requirements. Defensible Space shall be in accordance with the requirements of Appendix A of this code, Riverside County Fire Department Guidelines and the specific requirements for each zone listed in Chapter 15.11, Sections 604.8.2 through 604.8.5.

11. Section 604.8.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2 Zone 0 purpose and location. Zone 0 reduces the likelihood of structure ignition by reducing the potential for direct ignition of the structure from flame contact, by embers that accumulate at the base of a wall, and/or indirect ignitions when embers ignite vegetation, vegetative debris, or other combustible materials located close to the structure that result in either a radiant heat and/or a direct flame contact exposure to the structure.
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Zone 0 is the horizontal area within the first five (5) feet around the structure, including stairs, balconies, attached or adjacent decks, and outbuildings. Zone 0 is measured from the edge of a structure, attached or adjacent decks, patio covers, balconies, and floor projections above-grade. Zone 0 also includes the area on the roof of a building, and underneath and on top of attached decks, patio covers, balconies, and stair landings.

Advisory Notice: Riverside County Fire Department has local Zone 0 requirements currently in effect for new Buildings and additions to existing Buildings. New State regulations for Zone 0 are currently under development by the State Board of Forestry and Fire Protection. Any State regulation more restrictive than this ordinance shall apply. This may require thinning and/or removal of plants, trees, and vegetation to meet State Law and regulations.

12. Section 604.8.2.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.1 Non-Combustible Zone 0 for New Buildings, additions to Existing Buildings, and new or replacement landscape. Fuels, including Combustible Materials and vegetation, are prohibited in Zone 0 for all New Buildings, additions to Existing Buildings, installation of new landscape, and refurbishment of existing landscape areas.

The application date of Chapter 15.11, Section 604.8.2.1 shall be the later application date when any of the following occur:

1. Fire Department Clearance for a New Building or addition to an Existing Building.

2. Building permit for a New Building or addition to an Existing Building.

3. Landscape plans submitted for Riverside County Fire Department review.

4. Replacement of landscape when landscape plans are not required.

13. Section 604.8.2.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.2 Additional requirements in Zone 0.

1. New and existing tree canopies are prohibited within 10 feet of New Buildings, including the addition portion to Existing Buildings.

Exception: Existing protected oak trees shall be trimmed to provide a minimum 5-foot clearance above the roof and 5 feet to the side of any New Building, or the addition portion to an Existing Building.

2. Landscaped roofs are prohibited.

3. Vegetation underneath decks is prohibited.
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4. Other Combustible Materials underneath any deck, not part of the deck structure itself, shall be removed.

5. Artificial or synthetic grass is prohibited within Zone 0.

6. Vines and climbing plants are not allowed on structures, including decks, patio/shade structures, and any fences within 5 feet of a Building.

7. Combustible mulch and wood chips are prohibited.

8. Firewood is prohibited.

9. All fencing and gates shall be non-combustible. See Article 4, Section 604.11.

14. Section 604.8.2.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.3 Zone 0 requirements for Existing Buildings.

15. Section 604.8.2.3.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.2.3.1 Zone 0 restrictions. The following requirements apply within Zone 0 for all Existing Buildings with landscape installed prior to January 1, 2026:

1. No combustible landscape mulch or wood chips.

2. No firewood.

3. No vegetation underneath decks.

4. Other Combustible Materials underneath any deck, not part of the deck structure itself, shall be removed.

5. Roofs and gutters on Buildings shall be maintained free of any leaves, needles, or other vegetative Combustible Materials.

6. The vertical clearance distance for trees and vegetation above any roof shall be not less than 3 feet.

7. A minimum 3-foot clearance of trees and vegetation shall be provided to the side and above any eave or roof projection from the exterior wall of a Building. A minimum 3-foot clearance of trees and vegetation shall be provided below any eave or roof projection. This requirement also applies to any patio cover or other Building projections.

8. New trees are not allowed.

9. New or replacement landscaping shall comply with Chapter 15.11, Sections 604.8.1, 604.8.2.1, and 604.8.2.2.
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16. Section 604.8.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.3 Zone 1 purpose and location. Zone 1 reduces the likelihood of fire burning directly to the structure. This is accomplished by modifying Fuels and creating a discontinuity between planting groups that limits the pathways for fire to burn to the structure and reduces the potential for near-to-building ember generation and radiant heat exposures. An additional purpose of this zone is to provide a defendable area for fire personnel to stage and take direct action.

Zone 1 is the area within 5-30 feet of structures and decks, with slopes not greater than 20 percent; 5-50 feet from Buildings and decks, when slopes are greater than 20 percent.

17. Section 604.8.3.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.3.1 Requirements and allowable items. This is a minimal planting zone which includes very limited trees of a fire-smart type with additional spacing provided. Plants and other vegetation shall be in accordance with Appendix A of this code and Riverside County Fire Department Guidelines.

18. Section 604.8.4 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.4 Zone 2 purpose and location. Zone 2 is designed to reduce the potential behavior of an oncoming fire in such a way as to drop an approaching fire from the crown of trees to the ground, reducing the flame heights, and the potential for ember generation and radiant heat exposure to structures. Additional benefits of Zone 2 include facilitating direct defense actions and improving the function of Zones 0 and 1.

Zone 2 is the area from the outer edge of Zone 1 to 100 feet from structures and decks.

19. Section 604.8.4.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.4.1 Requirements and allowable items. Plants and other vegetation shall be in accordance with Appendix A of this code and Riverside County Fire Department Guidelines.

20. Section 604.8.4.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.4.2 Spacing. Spacing of vegetation and trees at the outer edge of Zone 2 shall be based upon the height of the vegetation within Zone 2 or the adjacent area beyond the 100-foot zone, whichever provides for the greater spacing. This may require clearance outside the 100-foot zone or setting back vegetation and trees within Zone 2 away from the 100-foot line.

21. Section 604.8.5 is added to the California Wildland-Urban Interface Code to read as follows:
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604.8.5 General requirements for Zone 0, 1, and 2.

22. Section 604.8.5.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.1 Dead and dying vegetation. All dead or dying grass, plants, shrubs, trees, branches, leaves, weeds, and tree needles shall be removed.

23. Section 604.8.5.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.2 Mulch and wood chips within Zones 1 and 2. Use of combustible Mulch and wood chips shall be in accordance with the requirements Riverside County Fire Department Guidelines.

24. Section 604.8.5.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.3 Firewood. See Chapter 15.11, Section 607.

25. Section 604.8.5.4 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.4 Clearance from chimney, stovepipe. Any portion of a tree or shrub that extends within 10 feet horizontally or vertically of a chimney outlet or stovepipe outlet shall be removed.

26. Section 604.8.5.5 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5 Trees. New trees shall be planted and maintained so that the tree’s drip line at maturity is a minimum of 10 feet from any combustible structure.

27. Section 604.8.5.5.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5.1 Tree spacing. The horizontal distance between crowns of new trees and crowns of adjacent trees shall not be less than 20 feet in Zone 1 and not less than 10 feet in Zone 2. Separation distance may be increased for slopes exceeding 20 percent.

Required spacing is measured between trees at maturity.

28. Section 604.8.5.5.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.5.2 Ground clearance of trees. Trees exceeding 6 feet in height shall be limbed up from the ground 6 feet or 1/3 the height of the tree, whichever is less.

Exception: Fruit trees when approved by the Fire Code Official.

29. Section 604.8.5.5.3 is added to the California Wildland-Urban Interface Code to read as follows:
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604.8.5.5.3 Ground cover under tree canopy. When approved ground cover and shrubs are located underneath trees, the vertical clearance to the lowest branch of the tree canopy shall not be less than three times the height of the ground cover or shrub under or adjacent to the tree. The horizontal clearance shall be 3 feet from the trunk of the tree.

30. Section 604.8.5.6 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.6 Continuous tree canopies.

31. Section 604.8.5.6.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.6.1 New Structures. Continuous tree canopies are not allowed. Tree spacing shall be in accordance with Riverside County Fire Department.

32. Section 604.8.5.6.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.6.2 Existing Structures. Continuous tree canopies may be allowed as determined by the Fire Code Official but will require the complete removal of any understory and smaller trees to meet requirements for a shaded fuel zone. Any remaining trees shall be limbed up a minimum of 12 feet from the ground or 1/3 the tree height, whichever is less.

The intent is to not allow a crown (canopy) fire to spread unchecked to a structure and to bring any crown fire down to the ground level prior to Zone 1.

33. Section 604.8.5.7 is added to the California Wildland-Urban Interface Code to read as follows:
604.8.5.7 Grasses. Natural or annual grasses shall be mowed to a maximum height of 4- inch stubble with clippings removed.

34. Section 604.9 is added to the California Wildland-Urban Interface Code to read as follows:
604.9 Fire protection equipment and utilities. The clearance requirements of Chapter

15.11, Sections 604.7 and 604.8 shall apply to communication site towers and their support Buildings; required fire protection water supplies, including water tanks, water supply pumps, and pump houses; and any other utility Structure as required by the Fire Code Official. The Fire Code Official may consider a reduced distance, not less than 30 feet, for communication site towers, water tanks, and Structures with no interior space, based upon a site risk assessment. Also see Chapter 15.11, Appendix A.

35. Section 604.10 is added to the California Wildland-Urban Interface Code to read as follows:
604.10 Planting vegetation under or adjacent to energized electrical lines. No vegetation shall be planted under or adjacent to energized power lines that, at maturity, will grow within 10 feet of the energized conductors.

36. Section 604.11 is added to the California Wildland-Urban Interface Code to read as follows:
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604.11 Fencing.

37. Section 604.11.1 is added to the California Wildland-Urban Interface Code to read as follows:
604.11.1 Scope. This section only applies to fences, including gates within the fencing, within 5 feet of Building(s), including Decks, (Zone 0) that are in an applicable Fire Hazard Severity Zone req by Chapter 6 of this code.

38. Section 604.11.2 is added to the California Wildland-Urban Interface Code to read as follows:
604.11.2 New fencing. New fencing and gates shall be constructed of a non-combustible material.

39. Section 604.11.3 is added to the California Wildland-Urban Interface Code to read as follows:
604.11.3 Existing fencing. Fencing installed prior to January 1, 2026, may remain.

Exception: The entire fencing not parallel and within 5 feet of the Building, including gates within the fencing, shall be constructed of a non-combustible material when any portion of the existing fencing within 5 feet is being replaced.

Fencing beyond 5 feet from the Building is not required to be replaced with noncombustible material.

K. STORAGE OF FIREWOOD AND COMBUSTIBLE MATERIALS.

1. Section 607.1 of the California Wildland-Urban Interface Code is amended to read as follows:
607.1 General. Firewood and combustible materials shall not be stored in unenclosed spaces beneath Buildings or Structures, or on Decks or under eaves, canopies, or other projections or overhangs. Firewood piles shall be located 30 feet (9144 mm) or more from structures unless completely covered by a fire-resistant material. Exposed wood piles located within the defensible space shall have a minimum clearance of 10 feet (3048 mm) down to bare mineral soil in all directions. Firewood shall not be stored within Zone 0.

2. Section 607.1.1 of the California Wildland-Urban Interface Code is amended to read as follows:
607.1.1 Combustible Materials. Combustible Materials, other than vegetation, stored within Zones 1 and 2 shall not be stored so as to pose a hazard to any Building. Piles shall not exceed 100 square feet of area and a maximum height of 10 feet. Piles shall be separated by a minimum of 20-foot clear area.

3. Section 607.2 of the California Wildland-Urban Interface Code is amended to read as follows:
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607.2 Storage for off-site use. Firewood and Combustible Materials not for consumption on the premises shall not be stored within Zones 0, 1, and 2. See Section 3, Appendix A for storage requirements.

L. BUILDING SITING AND SETBACKS

1. Section 608.1.1 is added to the California Wildland-Urban Interface Code to read as follows:
608.1.1 Restricted development setbacks. New Structures and additions to existing Structures shall not be constructed less than 100 feet from any protected habitat, whether on the same or adjacent Parcels, where the 100-foot Defensible Space required under Chapter 15.11, Section 604.7 cannot be provided, unless an alternate method of construction and protection is provided that can ensure the safety of the Structure and emergency responders as approved by the Fire Code Official. Protected habitat includes lands restricted from brush clearance or modification due to Federal or State listed endangered species. Protected habitat does not include sensitive habitat areas.

2. Section 608.2 of the California Wildland-Urban Interface Code is amended to read as follows:
608.2 General. All parcels shall provide a minimum 30-foot (9144 mm) setback for all buildings from property lines and the center of a road, except as provided for in Chapter

15.11, Section 608.2.1. [CCR T14 §1276.00(a)] This section applies to new Tract and Parcel maps, new Buildings, and additions to Existing Buildings.

3. Section 608.2.1 of the California Wildland-Urban Interface Code is amended to read as follows:
608.2.1 Setback reduction. A reduction in the minimum setback shall be based upon practical reasons, which may include but are not limited to, parcel dimensions or size; topographic limitations; Development density requirements or other Development patterns that promote low-carbon emission outcomes; sensitive habitat or other site constraints, and shall provide for an alternative method to reduce structure-to-structure ignition by incorporating a combination of features such as, but not limited to:

1. Non-combustible block walls or fences; or

2. Non-combustible material extending 5 feet (1524 mm) horizontally from the furthest extent of the building; or

3. Hardscape landscaping; or

4. A reduction of exposed windows on the side of the structure with setback less than 30 feet (9144 mm). [CCR T14 §1276.01] M. RIDGELINES, FUEL BREAKS, AND GREENBELTS.

1. Section 609.2.7.1 is added to the California Wildland-Urban Interface Code to read as follows:
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609.2.7.1 Greenbelts. Subdivisions and other developments, which propose Greenbelts as a part of the development plan, shall locate the Greenbelts strategically, as a separation between wildland fuels and Structures. The locations shall be approved by the inspection authority.

2. Section 609.2.7.2 is added to the California Wildland-Urban Interface Code to read as follows:
609.2.7.2 Access to Greenbelts. A minimum of one (1) access point shall be provided to new Greenbelts at an approved location to allow for on-going maintenance and firefighter access. Additional access points shall be provided when required by the Fire Code Official.

N. APPENDIX A

1. Section A102.1 of the California Wildland-Urban Interface Code is amended to read as follows:

A102.1 General. Vegetation control shall comply with Chapter 15.11, Sections A102.2 through A102.4 and with Chapter 15.11, Chapter 6.

2. Section A105.1 of the California Wildland-Urban Interface Code is amended to read as follows:

A105.1 General. In addition to the requirements of the California Fire Code, Chapter 15.10 and Chapter 15.11, Chapter 6, storage and use of the materials shall be in accordance with Chapter 15.11, Sections A105.2 through A105.4.2.

3. Section A105.4 of the California Wildland-Urban Interface Code is amended to read as follows:

A105.4 Combustible Materials. Outside storage of Combustible Materials such as, but not limited to, wood, rubber tires, building materials, or paper products shall comply with the other applicable sections of this Ordinance and this section. Storage of pallets shall be in accordance with Chapter 15.10, Section 2810. Storage and processing of wood chips, hogged materials, fines, Compost, Compostable Material, Mulch, solid biomass, raw product, and combustible yard waste and recycle material shall be in accordance with Chapter 15.10, Section 2808.

Chapter 15.12 PERMITS

15.12.010 Permits required.

It is unlawful for any person, partnership, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, convert, demolish, equip, occupy or maintain any building or structure or cause or permit the same to be done without first obtaining a building permit as provided in this chapter. Notwithstanding the foregoing, no building permit fees shall be required for any construction, alteration, repair, or demolition of city-owned buildings.
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15.12.020 Application for permit.

The building permit application shall be in writing or in digital format on a form provided by the city. Each permit application shall:

A. Identify and describe the work to be covered by the permit for which application is made; B. Describe the land on which the proposed work is to be done by legal description, street address or such other description as will readily identify and locate the proposed building or workparcel; C. Indicate the use or occupancy for which the proposed work is intended; D. Be accompanied by plans, diagrams, computations and specifications and such other data as required by section 15.12.040 of this chapter;
E. State the accurate valuation of any new building or structure or any addition, remodeling or alteration to an existing building;
F. Be signed by the applicant or his authorized agent. The city may require evidence of authority before accepting an application from an authorized agent;
G. Give any other data or information as may be required by the city manager or his designee, at his discretion.

H. Provide expressed authority in writing from a landlord (if applicable) to a tenant or leasing agent for permits to be obtained by a tenant or leasing agent to perform work on their property.

15.12.030 Permit fees.

Each application for a building permit shall be accompanied by a permit fee to be prescribed from time to time by resolution of the city council. Failure to accompany the application with the permit fee shall render the application null and void for all purposes. The purpose of this fee is to help defray the cost of reviewing the application and the cost of enforcing this chapter.

15.12.35 Reinspection fees.

A fee will be charged for additional inspections of an item or items once it has been inspected and failed an inspection more than two times. The permit holder must pay for additional inspections at an hourly rate to be determined by City’s adopted fee schedule.

15.12.040 Plans and specifications.

A. Plans, engineering calculations, diagrams and other data shall be submitted in one or more sets with each application for a permit. Plans and specifications shall be drawn to scale on paper or cloth and shall be of sufficient clarity to show the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and all other applicable laws.

B. The plans, computations and specifications should be prepared and designed by a duly licensed engineer or architect, except that the city manager or his designee may waive this requirement if he deems it unnecessary. The city manager or his designee may also waive the submission of any plans if the nature of the work applied for is such that reviewing of plans is unnecessary to obtain compliance with this chapter. A waiver shall be written, signed and entered in the files of the building department.

C. Plans for buildings more than two stories in height of other than Groups R, Division 3 and U Occupancies shall indicate how required structural and fire-resistive integrity will be maintained where a penetration will be made for electrical, mechanical, plumbing or communication conduits, pipes or similar systems. 127
Created: 2025-06-14 16:07:13 [EST]
(Supp. No. 58, 3-25)

15.12.45 – Letter of Authorization
Applicants will provide a Letter of Authorization when acting as an agent, contractor or tenant on behalf of the property owner. This document shall be signed and notarized and submitted to the City staff at the time of application.

15.12.050 Permit issuance.

A. The application, plans and specifications filed by the building permit applicant shall be reviewed by the city managerBuilding Official or his designee when accompanied by the fee specified in section 15.12.030. The city managerBuilding Official or his designee shall review the application, plans and specifications to verify compliance with this chapter and other applicable laws, provided that the permittee shall be totally liable for the construction being performed and shall assume total responsibility for compliance with this chapter and other applicable laws.

B. When the city managerBuilding Official or his designee determines that the application, plans and specifications meet the requirements of this chapter and other applicable laws, and when the fee specified in section 15.12.030 has been paid, he shall issue the building permit. The city manager's or his designee's determination shall be conclusive except as provided in Chapter 15.44 of this title.

15.12.060 Partial building permits.

When in the exercise of his discretion the city manager or his designee determines that a permit for the construction of part of a building or structure should be issued before the entire plans and specifications for the whole project have been submitted or approved, he may issue a partial permit. A partial permit application shall be accompanied by the full permit fee required by section 15.12.030, and each subsequent partial permit application for the same project shall also be accompanied by the full permit fee. The application for a partial permit may proceed at his own risk without any assurance that the subsequent permits for the entire building or structure will be issued. Issuance of the partial permit shall not stop the city from denying further permits, regardless of any hardship or reliance on the part of the applicant. Partial permits shall be clearly denominated as such on the face of the permit.

15.12.0670 Suspension or revocation of permit.

A. The city managerBuilding Official or his designee may, after written notice to the permittee, suspend or revoke any permit issued under this chapter whenever it appears that the application contained false, inaccurate or misleading information or when it appears that issuance of the permit was in violation of this chapter or any other ordinance or law in force in the city, including state law.

B. The city manager or his designee shall mail the permittee written notice that, ten days from the date of mailing, a hearing will be held to determine whether the permit shall be revoked or suspended. The permittee may appear at the hearing and present evidence why his permit should not be revoked or suspended. The city manager or his designee shall act as the hearing officer and shall, within twenty days after the hearing or date for hearing, mail notice of his decision to the permittee. This decision shall be final.

The permittee may, however, apply for a new building permit pursuant to section 15.12.020 of this chapter.

15.12.0870 Liability.

A. The city managerBuilding Official or his designee charged with enforcement of this chapter shall not render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. 128
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B. This chapter shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the city or any agency thereof be held as assuming any such liability by reason of inspections or any certificates of inspection issued under this chapter.

15.12.0890 Removal of building debris.

Within fourteen days of the completion of any erection, construction, enlargement, alteration, repair, movement, conversion, demolition or equipping of any building or structure, the person having the required permit or who should have obtained the required permit shall remove from the premises and properly dispose of all debris, earth, rock, concrete, foundation, building materials or any other combustible or waste materials so that the premises shall be left in a well-graded and orderly condition.

15.12.085 – Summary Abatement
In addition to the remedies provided in the Building Code, any condition caused or permitted to exist in violation of any provisions of this title or the codes adopted by reference therein, which present an immediate threat to public health or safety, shall be deemed a public nuisance, and may be summarily abated by the City .

15.12.100 Permitting procedures for small rooftop solar energy systems.

The purpose of the section is to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, amending California Civil Code section 714 and California Government Code section 65850.5) in order to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city and expanding the ability of property owners to install solar energy systems. This section allows the city to achieve these goals while protecting public health and safety.

A. Definitions as used in this section.
"Solar energy system" means either of the following:

1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
"Small residential rooftop solar energy system" means all of the following:

1. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or thirty kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city, and all state and city health and safety standards.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the city.
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"Electronic submittal" means the utilization of electronic e-mail, facsimile, or submittal via the internet. "Specific, adverse impact" means a significant, quantifiable, direct, unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. "Reasonable Restrictions on a Solar Energy System" are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. "Restrictions That Do Not Significantly Increase the Cost of the System or Decrease its Efficiency or Specified Performance" means:

1. For Water Heater Systems or Solar Swimming Pool Heating Systems: An amount exceeding ten percent of the cost of the system, but in no case more than one thousand dollars, or decreasing the efficiency of the solar energy system by an amount exceeding ten percent, as originally specified and proposed.

2. For Photovoltaic Systems: An amount not to exceed one thousand dollars over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent as originally specified and proposed.

B. Applicability. This chapter applies to the permitting of all small residential rooftop solar energy systems in the city.

C. Effective Date, Maintenance. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance [codified in this chapter] are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting.

D. Historic Resources. A use permit and/or design review may be required for properties on the city's list of historic resources as deemed necessary by the community development director., prior to the installation of a solar system on a building classified as historic.

E. Solar Energy System Requirements.

1. All solar energy systems shall meet applicable state and city health and safety standards and requirements, including the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, and California Fire Code, which are incorporated by reference into the Banning Municipal Code by sections 15.08.010 and 8.16.010. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

2. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

F. Applications and Documents.

1. All documents required for the submission of an expedited solar energy system application shall be made available on the city's website. Electronic submittal of the required permit application and documents by e-mail, facsimile, or via the internet shall be made available to all small residential rooftop solar energy system permit applicants. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. 130

2. The city's building and safety division shall adopt a standard plan(s) and checklist(s) of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

3. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

G. Permit Review and Inspection Requirements.

1. The director of the Banning Community Development Department shall implement an administrative, nondiscretionary review process for the building division to expedite approval of small residential rooftop solar energy systems. The building and safety division shall issue a building permit, the issuance of which is nondiscretionary, within one to three business days for electronic applications upon receipt of a complete application that meets the requirements of the approved checklist(s) and standard plan(s). The chief building official may require an applicant to apply for a conditional use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the planning commission pursuant to the appeal procedures in chapter 17.68 of the Banning Municipal Code.

2. Review of the application shall be limited to the chief building official and his or her designee's review of whether the application meets local, state, and federal health and safety requirements, including the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, and California Fire Code, which are incorporated by reference into the Banning Municipal Code by sections 15.08.010 and 8.16.010.

3. Conditions may be imposed on an application if the building official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. A condition may only be imposed on an application in order to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

4. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

5. The city may deny an application if it makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the planning commission in accordance with the procedures set forth in the Banning Municipal Code Chapter

17.68. For purposes of this section, "specific, adverse impact" means a significant, quantifiable direct, and unavoidable impact, based on objective, identified, and written public health and safety standards, policies, or conditions as they existed on the date the application was deemed complete.

6. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission. 131

7. Only one inspection shall be required and performed by the building and safety division for small residential rooftop solar energy systems eligible for expedited review under this section. A separate fire inspection may be performed if an agreement with Riverside County Fire does not exist to perform safety inspections on behalf of Riverside County Fire.

8. The inspection shall be done in a timely manner and should include consolidated inspections.

9. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized that need not conform to the requirements of Government Code 65850.5.

10. The city shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

15.12.110 Expedited electric vehicle charging station permitting.

Electric vehicle charging stations which qualify for expedited permit processing, pursuant to Government Code Section 65850.7, shall be subject to the administrative permitting procedures set forth in the city's electric vehicle charging station permit expediting ordinance.

A. Expedited Review Process. Consistent with Government Code Section 65850.7, the building official shall implement an expedited administrative permit review process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "ZeroEmission Vehicles in California: Community Readiness Guidebook" published by the Governor's Office of Planning and Research. The city's/county's adopted checklist shall be published on the city's/county's website.

B. Electronic Submittals. Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentations. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

C. Association Approval. Consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

D. Permit Application Processing. A permit application that satisfies the information requirements in the city's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the building official that the permit application and supporting documents meets the requirements of the city adopted checklist, and is consistent with all applicable laws, the building official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city. If the building official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

E. Technical Review. It is the intent of this section to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the building official's authority to address higher priority life-safety situations. If the building official makes a finding based on substantial evidence that the electric vehicle charging station 132

could have a specific adverse impact upon the public health or safety, as defined in Government Code 65850.7, the city may require the applicant to apply for a use permit.

15.12.110 Expedited electric vehicle charging station permitting.

15.12.110 ELECTRIC VEHICLE CHARGING STATION SYSTEMS.

15.12.110.1. - Applicability and purpose.

This article applies to the permitting of all Electric Vehicle Charging Station systems in the City of Banning. The purpose of this article is to create an expedited, streamlined electric vehicle charging station permitting process that complies with AB 1236 (Chapter 598, Statutes 2015), to achieve timely and cost-effective installations of electric vehicle charging station systems. This article encourages the use of electric vehicle charging station systems by removing unreasonable barriers, minimizing costs to property and business owners, and expanding the ability of property and business owners to install electric vehicle charging station systems. This article allows the city to achieve these goals while protecting the public health and safety.

15.12.110.2. Definitions.

The definitions set forth below shall be applicable to the provisions in this article.

Building official: the city's designated authority charged with the administration and enforcement of this article.

Electronic submittal: the utilization of one or more of the following:
(1) Email
(2) The Internet
(3) Facsimile.

Electric vehicle charging station system: means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code and California Building Code 11B-228.3 for accessibility, as it reads on the effective date of this section and after, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

15.12.110.3. Electric vehicle charging station system requirements.

A. (a) An electric vehicle charging station system, as defined in this article, shall be processed in accordance with the terms of this article.

B. (b) An electric vehicle charging station system shall meet applicable health and safety standards and requirements imposed by the State and the City, and local fire department or district.

C. (c) The building official shall adopt an administrative, nondiscretionary expedited review process for electric vehicle charging station systems, which shall include standard checklist(s). The checklist(s) shall set forth all requirements with which electric vehicle charging station systems must comply with to be eligible for expedited review.

D. (d) The electric vehicle charging station system permit process and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklists and standards contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist of the ZeroEmission Vehicles in California: Community Readiness Guidebook published by the Governor's Office of Planning and Research.

15.12.110.4. Applicant obligations.

Prior to submitting an application, the applicant shall verify the electric vehicle charging station meets all applicable safety and performance standards established by the California Electrical Code, the Society of 133
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Chapter 15.16 PERMIT APPEALS

Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the public utilities commission regarding safety and reliability.

15.12.110.5 Electronic processing.

A. (a) All documents required for the submission of an expedited electric vehicle charging station system application shall be made available on a publicly accessible city website.

B. (b) Electronic submittal of the required permit application and documents by electronic means shall be made available to all electric vehicle charging station system permit applicants. The City's website shall specify the permitted method of electronic document submission.

C. (c) An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

15.12.110.6. Application review.

A. (a) An application that city staff determines satisfies the information requirements contained in the city's checklist(s) for expedited electric vehicle charging station system processing, including complete supporting documents, shall be deemed complete.

B. (b) If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

C. (c) After city staff deems an application complete, city staff shall review the application to determine whether the application meets applicable local and state codes and regulations.

D. (d) City staff shall issue a building permit or other nondiscretionary permit within a reasonable period of time after receipt of a complete application that meets the requirements of the approved checklist(s), standard plans and this article.

E. (e) The city shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

Chapter 15.12.110 – Construction documents
Legal construction documents are the sole property of the designer and applicant who created those documents respectively. They cannot be sold or transferred without authorized and notarized consent of the creators of those documents. The City of Banning cannot transfer or provide copies of documents unless notarized authorization is provided. In such a case in which the City will allow reproduction only a registered reprographics company shall remove and return proprietary documents to a City facility.

Chapter 15.16 PERMIT APPEALS

15.16.010 Establishment of board of permit appeals.

Pursuant to the California FireBuilding Code, in order to determine the suitability of alternate materials and type of construction and to provide for reasonable interpretation of the provisions of the California FireBuilding Code, there shall be and is created a board of permit appeals. 134

15.16.020 Membership.

The board of permit appeals shall consist of those individuals appointed to membership on the public works advisory committee, which shall sit as the board of permit appeals whenever an appeal is filed under this chapter.

Members shall be qualified by experience and training to pass upon matters pertinent under this chapter; the chief officer of the fire departmentBuilding Official serving the city, or his or her authorized representative, shall be an ex officio member and shall act as secretary of the board at the hearing of any appeal processed under this chapter.

15.16.030 Meetings, hearing guidelines and determinations.

Interpretations of the Building Code made by the Building Official regarding intent of the Code may be appealed to an appeals board to be named as is required by CBC 113. Only interpretive decisions, determinations and questions regarding limitations of authority made by the Building Official on the Building Codes may be appealed. Items which are obvious and clear in the Code cannot be appealed, nor will such questions be heard by an appeals board. The Building Official has the right to deny an appeal if the appeal is not related to a question of interpretation or a determination based on language in the Code. Whether or not a building is unsafe or in violation of the requirements of the Code is not a matter of interpretation and are not subject to appeal, this authority is clear within the Code.

Any person aggrieved by a decision of the city manager, or his or her designee, in denying a permit on the basis of suitability of building materials and/or methods of construction, may appeal such decision to the public works advisory committee sitting as the board of permit appeals. The appeal shall be made by written notice of appeal which may be in letter form. The appeal shall be filed with the chief building official within ten days after the date of the decision denying the permit. The decision denying the permit shall remain effective and in full force and effect pending the outcome of the appeal. This condition may be modified upon a showing of good cause for modifications as determined by the chief building official in writing. No appeal shall be available from a permit suspension or revocation except where the aggrieved person reapplies for and is denied a new permit.

15.16.040 Time and date scheduled for hearing.

Hearings and determinations shall be conducted and delivered in the manner set forth in Section 2.64.010 of this Code save that the board of permit appeals shall first hear the matter before any appeal to the city council.

Additionally, in accordance with the requirements of the California FireBuilding Code, the board shall render all decisions and findings in writing to the Building Officialfire chief. The appellant shall receive a duplicate copy. The board may recommend to the city council such new legislation as is consistent with the board's decision in the matter on appeal.

15.16.050 Notice of appeal.Reserved.

Appeals made pursuant to Section 15.16.030 shall appear as an item on the agenda of the public works advisory committee. Any notice of appeal must be received not later than fifteen calendar days prior to the date of the next regularly scheduled meeting.

15.16.060 Fees.

Each written notice of appeal on the form provided by the building department shall be accompanied by a nonrefundable fee of two hundred dollars. No appeal shall be accepted or heard unless accompanied by such fee. 135
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Chapter 15.18 – RESTROOM FACILITIES

15.18.010 Requirements to provide public restrooms
A. Public occupancies are required to provide restrooms that are available to the public in accordance with the California Plumbing Code section 422 and accessible restrooms for those with disabilities in accordance with CBC 11B and Titles I and III of the Americans with Disabilities Act. Occupancies with employees required as part of their operations must maintain restroom facilities available for their employees. Any business which cannot provide functioning restrooms for their staff or the public are not permitted to operate or be open to the public.

B. Active construction sites must provide temporary restroom facilities for workers at each project respectively. These facilities must comply with Cal OSHA and Health Department requirements.

Chapter 15.24 EARTHQUAKE RESISTANCE STANDARDS

15.24.010 Purpose.

A. The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on existing unreinforced masonry bearing wall buildings.

B. The provisions of this chapter are intended as minimum standards for structural seismic resistance and established primarily to reduce the risk of life loss or injury. Compliance with these provisions will not necessarily prevent loss of life or injury, or prevent earthquake damage to rehabilitated buildings.

15.24.020 Scope.

A. The provisions of this chapter shall apply to all existing buildings having at least one unreinforced masonry bearing wall. Except as provided herein, all other provisions of the California Building Code latest adopted edition shall apply.

B. Exceptions: The following are exempt from the provisions of this chapter:

1. Detached one- or two-family dwellings and detached apartment houses containing less than five dwelling units and used solely for residential purposes.

2. Unreinforced masonry bearing wall buildings constructed of hollow concrete blocks or hollow clay tiles, if:
a. Such building does not exceed two stories in height and it is confirmed by appropriate test results that the tile or block wall units are of bearing type and that the capacity of the wall in bearing and shear, based on net area in contact through bed joints, is not less than that allowed for solid bricks.
b. Bonding shall also be confirmed by appropriate test results. c. All tests required hereunder shall be at the expense of the party seeking the exemption.

C. This chapter shall not apply to "essential facilities" and "hazardous facilities" as defined in Table No. 23-K, or successor Table as contained in the latest adopted edition of the California Building Code. 136

15.24.030 Definitions.

Except as otherwise specifically set forth herein, for the purpose of this chapter, the applicable definitions and standards in the California Building Code, latest adopted edition, shall apply. "Collar joint" means the vertical space between adjacent wythes and may contain mortar. "Crosswall" means a wall that meets the requirements of Section 15.24.090(F). A crosswall is not a shear wall.
"Crosswall shear capacity" means the length of the crosswall times the allowable shear value, v c l o . "Diaphragm edge" means the intersection of the horizontal diaphragm and a shear wall. "Diaphragm shear capacity" means the depth of the diaphragm times the allowable shear value, v u D. "Flexible diaphragm" means a diaphragm of wood construction or other construction of similar flexibility. "High-risk building."

1. "High-risk building" means any building, other than an essential or hazardous building, having an occupant load of one hundred occupants or more as determined by Section 3302(a), or its successor section as contained in the latest adopted edition of the California Building Code.

2. Exception: A high-risk building shall not include the following:

Any building having exterior walls braced with masonry crosswalls or wood frame crosswalls spaced less than forty feet apart in each story. Crosswalls shall be full-story height with a minimum length of one and one-half times the story height.

3. Any building used for its intended purpose, as determined by the building official, for less than twenty hours per week.
"Low-risk building" means any building, other than an essential or hazardous building, having an occupant load as determined by Section 3302(a), or its successor section as contained in the latest adopted edition of the California Building Code, of less than twenty occupants. "Medium-risk building" means any building, not classified as a high-risk building or an essential or hazardous building, having an occupant load as determined by Section 3302(a), or its successor section as contained in the latest adopted edition of the California Building Code, of twenty occupants or more, but less than one hundred occupants.
"Normal wall" means a wall perpendicular to the direction of seismic forces. "Open front" means an exterior building wall plane on one side only without vertical elements of the lateral force resisting system in one or more stories.
"Pointing" means the partial reconstruction of the bed joints of an unreinforced masonry wall as defined in California Building Code Standard No. 2442, or its successor standard as set forth in the latest adopted edition of the California Building Code.
"Unreinforced masonry (URM) wall" means a masonry wall in which the area of reinforcing steel is less than twenty-five percent of the minimum required by the California Building Code for reinforced masonry. "Unreinforced masonry bearing wall" means a URM wall which provides the vertical support for a floor or roof for which the total superimposed load exceeds one hundred pounds per linear foot of wall. "Yield story drift" means the lateral displacement of one level relative to the level above or below at which yield stress is first developed in a frame member.
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15.24.040 Unreinforced Masonry Program
A. The City of Banning has adopted a Voluntary Program for Unreinforced Masonry (URM) Structures. We encourage property owners to participate in voluntary strengthening programs for the economic benefits and costs of insurance, as this City is in a high seismic hazard zone. The City does not currently offer economic benefits, tax incentives or grants to precipitate this process. The point at which the URM program becomes mandatory is at the point of desired structural improvements to older, unreinforced buildings; this will insure that all structures within the City will eventually be improved.

B. If a structure is to become structurally unsafe, substandard or dangerous due to the building being unreinforced than all of the code provisions governing unsafe structures in CBC 116 shall apply and the strengthening of the structure may become mandatory to abate the unsafe conditions.

15.24.040 Symbols and notations.

For the purpose of this chapter, the applicable symbols and notations in the California Building Code shall also apply:

1. A = area of unreinforced masonry pier, square inches.

2. A b = total area of the bed joints above and below the test specimen for each in-place shear test.

3. C p = numerical coefficient as specified in Section 2312(g) and given in Table No. 23-P, or successor table as contained in the latest adopted edition of the California Building Code, and Table No. A1-A of this chapter.

4. D = in-plane width dimension of pier, inches, or depth of diaphragm, feet.

5. DCR = demand-capacity ratio specified in Section 15.24.090.

6. F wx = force applied to a wall at level x, pounds.

7. H = least clear height of opening on either side of pier, inches.

8. h/t = height-to-thickness ratio of URM wall. Height, h, is measured between wall anchorage levels and/or slab-on-grade.

9. L = span of diaphragm between shear walls, or span between shear wall and open front, feet.

10. L o = length of crosswall, feet.

11. L i = effective span for an open front building specified in Section 15.24.090, feet.

12. P D = superimposed dead load at the top of the pier under consideration, pounds.

13. P D+L = actual dead plus live load in place at the time of testing, pounds.

14. P w = weight of wall, pounds.

15. V a = V a A, the allowable shear in any URM pier, pounds.

16. V cb = total shear capacity of crosswalls in the direction of analysis immediately below the diaphragm level being investigated, EvL o , pounds.

17. V ca = total shear capacity of crosswalls in the direction of analysis immediately above the diaphragm level being investigated, EvL o , pounds.

18. V r = pier rocking shear capacity of any URM wall or wall pier, pounds.

19. V wx = total shear force resisted by a shear wall at the level under consideration, pounds.

20. V p = shear force assigned to a pier on the basis of its relative shear rigidity, pounds. 138

21. V;sub§sub; = shear force assigned to a spandrel on the basis of the shear forces in the adjacent wall piers and tributary dead plus live loads.

22. V test = load in pounds at incipient cracking for each in-place masonry shear test per California Building Code Standard No. 24-40, or its successor standard as set forth in the latest adopted edition of the California Building Code, pounds.

23. v a = allowable shear stress for unreinforced masonry, psi.

24. v c = allowable shear value for a crosswall sheathed with any of the materials given in Tables No. A1-C or A1-D of this chapter, pounds per foot.

25. v t = mortar shear strength as specified in Section 15.24.060(C).

26. v to = mortar shear test values as specified in Section 15.24.060(C).

27. v u = allowable shear value for a diaphragm sheathed with any of the materials given in Tables No. A1-C or A1-D of this chapter, pounds per foot.

28. Ev u D = sum of diaphragm shear capacities of both ends of the diaphragm.

29. EEv u D = for diaphragms coupled with crosswalls, EE vu D includes the sum of shear capacities of both ends of diaphragms coupled at and above the level under consideration.

30. W d = total dead load tributary to a diaphragm, pounds.

31. EW d = total dead load tributary to all of the diaphragms at and above the level under consideration, pounds.

32. W w = total dead load of an unreinforced masonry wall above the level under consideration or above an open front of a building, pounds.

33. W wx = dead load of a URM wall assigned to Level x halfway above and below the level under consideration.
(Code 1965, § 6-14.05)
(Ord. No. 1555, § 11, 12-10-19)

15.24.050 General requirements for unreinforced masonry.

A. Unreinforced masonry structures, upon retrofit and/or redesign shall be required to retrofit and be engineered and designed to meet the requirements of the 2025 California Building Code, Chapter 21 and ASCE 7-22 for minimum standards or better.

B. Unreinforced masonry structures may not be improved or repurposed for a new use unless seismic retrofits are made to improve the structure to be adequate for the new use.

C. Foundations for residential structures already in use may improve their seismic resistance without the need to fully comply with the requirements of a new structure. The City of Banning will accept plan details provided and approved by the City of Los Angeles for residential structure seismic retrofit. Retrofit plans and designs shall meet the requirements of The California Existing Building Code Appendix A and Chapter A4.

A. General. All buildings shall have a seismic resisting system conforming with Section 2303(b), or successor section of the latest adopted edition of the California Building Code, except as modified by this chapter. 139

B. Alterations and Repairs. Alterations and repairs required to meet the provisions of this chapter shall comply with all other applicable requirements of the latest adopted edition of the California Building Code unless otherwise specifically provided for in this chapter.

C. Requirements for Plans. The following construction information shall be included in the plans required by this chapter:

1. Dimensioned floor and roof plans showing existing walls and the size and spacing of floor and roof framing members and sheathing materials. The plans shall indicate all existing and new crosswalls and their materials of construction. The location of the crosswalls and their openings shall be fully dimensioned or drawn to scale on the plans.

2. Dimensioned wall elevations showing openings, piers, wall classes as defined in the California Building Code Section 424, or its successor section as set forth in the latest adopted edition of the California Building Code, thicknesses, heights, wall shear test locations, and cracks or damaged portions requiring repairs. The general condition of the mortar joints and if and where the joints require pointing. Where the exterior face is veneer, the type of veneer, its thickness and its bonding and/or ties to the structural wall masonry shall also be reported.

3. The type of interior wall and ceiling surfaces.

4. The extent and type of existing wall anchorage to floors and roof when used in the design.

5. The extent and type of parapet corrections which were previously performed, if any.

6. Repair details, if any, of cracked or damaged unreinforced masonry walls required to resist forces specified in this chapter.

7. All other plans, sections and details necessary to delineate required retrofit construction including those items in Section 15.24.100.
(Code 1965, § 6-14.06)
(Ord. No. 1555, § 12, 12-10-19)

15.24.060 Material requirements.

A. General. All materials permitted by this chapter, including their appropriate allowable design values and those existing configurations of materials specified herein, may be utilized to meet the requirements of this chapter, or the minimum material requirements of the latest adopted edition of the California Building Code.

B. Existing Materials. All existing materials utilized as part of the required vertical load carrying or lateral forceresisting system shall be in sound condition or shall be repaired or removed and replaced with new materials.

C. Existing Unreinforced Masonry. All unreinforced masonry walls utilized to carry vertical loads or seismic forces parallel and perpendicular to the wall plane shall be tested as specified in this subsection. All masonry that does not meet the minimum standards established by this chapter shall be removed and replaced with new materials or alternatively shall have its structural functions replaced with new materials and shall be anchored to supporting elements.

D. Lay-Up of Walls.

1. General. The facing and backing shall be bonded so that not less than ten percent of the exposed face area is composed of solid headers extending not less than four inches into the backing. The clear distance between adjacent full-length headers shall not exceed twenty-four inches vertically or horizontally. Where the backing consists of two or more wythes, the headers shall extend not less than four inches into the most distant 140

wythe or the backing wythes shall be bonded together with separate headers whose area and spacing conform to the foregoing. Wythes of walls not bonded as described above shall be considered as veneer.

Veneer wythes shall not be included in the effective thickness used in calculating the height to thickness and the shear capacity of the wall.

2. Exception: In other than Seismic Zone No. 4, veneer wythes anchored as specified by the latest adopted edition of the California Building Code and made composite with backup masonry can be used for calculation of the effective thickness.

E. Mortar.

1. Tests. The quality of mortar in all masonry walls shall be determined by performing in-place shear tests in accordance with California Building Code Standard No. 24-40, or its successor standard as set forth in the latest adopted edition of the California Building Code. Alternative methods of testing may be approved by the building official for masonry walls other than brick.

2. Location of Tests. The shear tests shall be taken at locations representative of the mortar conditions throughout the entire building, taking into account variations in workmanship at different building height levels, variations in weathering of the exterior surfaces, and variations in the condition of the interior surfaces due to deterioration caused by leaks and condensation of water and/or by the deleterious effects of other substances contained within the building. The exact test location shall be determined at the building site by the engineer in responsible charge of the structural design work or by the building official or his or her designee. An accurate record of all such tests and their location in the building shall be recorded and these results shall be submitted to the building department for approval as part of the structural analysis.

3. Number of Tests. The minimum number of tests per class shall be as follows:
a. At each of both the first and top stories, not less than two tests per wall or line of wall elements providing a common line of resistance to lateral forces.
b. At each of all other stories, not less than one test per wall or line of wall elements providing a common line of resistance to lateral forces.
c. In any case, not less than one test per one thousand five hundred square feet of wall surface nor less than a total of eight tests per structure.

F. Minimum Quality Mortar.

1. Mortar shear test values, v to , in psi shall be obtained for each in-place shear test in accordance with the following equation:
v to = (v test -P D+L )/A b (A1-1)

2. Individual unreinforced masonry walls with v to consistently less than thirty psi shall be entirely pointed prior to retesting.

3. The mortar shear strength, v, is the value in psi that is exceeded by eighty percent of all of the mortar shear test values, V to .

4. Unreinforced masonry with mortar shear strength, v t , less than thirty psi shall be removed or pointed and retested.

G. Collar Joints. The collar joints shall be inspected at the test locations during each in-place shear test, and estimates of the percentage of the surfaces of adjacent wythes which are covered with mortar shall be reported along with the results of the in-place shear tests.

H. Unreinforced Masonry Classes. All existing unreinforced masonry shall be categorized into one or more classes based on shear strength, quality of construction, state of repair, deterioration and weathering. A class 141

shall be characterized by the allowable masonry shear stress determined in accordance with Section

15.24.080(B). Class shall be defined for whole walls, not for small areas of masonry within a wall.

I. Pointing. All deteriorated mortar joints in unreinforced masonry walls shall be pointed according to California Building Code Standard No. 24-42, or its successor standard as set forth in the latest adopted edition of the California Building Code. Nothing shall prevent pointing with mortar of all the masonry wall joints before the tests are made, except as required in Section 15.24.070(A). (Code 1965, § 6-14.07)
(Ord. No. 1555, § 13, 12-10-19)

15.24.070 Quality control.

A. Pointing.

1. General. All preparation and mortar pointing shall be performed with special inspection.

2. Exception: At the discretion of the building official incidental pointing may be performed without special inspection.

B. Masonry Shear Tests. In-place masonry shear tests shall comply with Uniform Building Code Standard No. 24- 40, or its successor standard as set forth in the latest adopted edition of the California Building Code.

C. Existing Wall Anchors. Existing wall anchors utilized as all or part of the required tension anchors shall be tested in pullout according to California Building Code Standard No. 24-41, or its successor standard as set forth in the latest adopted edition of the California Building Code. The minimum number of anchors tested shall be four per floor, with two tests at walls with joists framing into the wall and two tests at walls with joists parallel to the wall, but not less than ten percent of the total number of existing tension anchor at each level per structure.

D. New Bolts. One-fourth of all new shear bolts and combined tension and shear bolts in unreinforced masonry walls shall be tested according to California Building Code Standard No. 24-41, or its successor standard as set forth in the latest adopted edition of the California Building Code.

E. Exception. Special inspection in accordance with the Building Code may be provided during installation in lieu of testing.
(Code 1965, § 6-14.08)
(Ord. No. 1555, § 14, 12-10-19)

15.24.080 Allowable design values.

A. Allowable Values.

1. Allowable values for existing materials are given in Table No. A1-C and for new materials in Table No.

A1-D of this chapter.

2. Allowable values not specified in this chapter shall be as specified elsewhere in the latest adopted edition of the California Building Code.

B. Masonry Shear.

1. The allowable unreinforced masonry shear stress, v a , shall be determined for each masonry class from the following equation:
v a = 0.l v t + 0.15PDA (A1-2)
142

2. The mortar shear test value, v t , shall be determined in accordance with Section 15.24.060(F)(3), and shall not exceed one hundred psi for the determination of v a .

3. The one-third increase in allowable values of the latest adopted edition of the California Building Code is not allowed for v a .

C. Masonry Compression. Where any increase in dead plus live compression stress occurs, the allowable compression stress in unreinforced masonry shall not exceed one hundred psi. The one-third increase in allowable stress of the latest adopted edition of the California Building Code is allowed.

D. Masonry Tension. Unreinforced masonry shall be assumed as having no tensile capacity.

E. Existing Tension Anchors. The allowable resistance values of the existing anchors shall be forty percent of the average of the tension tests of existing anchors having the same wall thickness and joist orientation. The one-third increase in allowable stress of the latest adopted edition of the California Building Code is not allowed for existing tension anchors.

F. Foundations. For existing foundations new total dead load may be increased over existing dead load by twenty-five percent. New total dead load plus live load plus seismic forces may be increased over existing dead load plus live load by fifty percent. Higher values may be justified only in conjunction with a geotechnical investigation.
(Code 1965, § 6-14.09)
(Ord. No. 1555, § 15, 12-10-19)

15.24.090 Analysis and design.

A. General.

1. Except as modified herein, the analysis and design relating to the structural alteration of existing buildings shall be in accordance with the latest adopted edition of the California Building Code.

2. The elements of buildings required to be analyzed by this chapter shall be as specified in Table No. A1- H of this chapter.

B. Selection of Procedure. Buildings shall be analyzed by the General Procedure of subsection C of this section, which is based on Chapter 23, or its successor chapter as contained in the latest adopted edition of the California Building Code or, when applicable as determined by the building official in his or her sole decision, buildings may be analyzed by the special procedure of subsection D of this section.

C. General Procedure.

1. Minimum Design Lateral Forces. Buildings shall be analyzed to resist minimum lateral force assumed to act non-concurrently in the direction of each of the main axes of the structure in accordance with the following:

V = 0.33ZW (A1-3)

2. Lateral Forces on Elements of Structures.
a. Parts or portions of structures shall be analyzed as required in Chapter 23, or the successor chapter contained in the latest adopted edition of the California Building Code. b. Exceptions:
i. Unreinforced masonry walls for which height to thickness ratios do not exceed ratios set forth in Table No. A1-B of this chapter need not be analyzed for out-of-plane loading.

Unreinforced masonry walls which exceed the allowable h/t ratios of Table No. A1-B of this chapter shall be braced according to subsection E of this section. 143

ii. Parapets complying with subsection F of this section need not be analyzed for out-of-plane loading.

3. Shear Walls (In-plane Loading). Shear walls shall comply with Section 15.24.090(I).

D. Special Procedure—Limits for the application of subsection D of this section. The special procedure of this subsection may only be applied to buildings with the following characteristics:

1. Flexible diaphragms at all levels above the base of structure.

2. A maximum of six stories above the base of the building.

3. The vertical elements of the lateral force-resisting system shall consist predominantly of masonry or concrete shear walls.

4. New vertical elements of the lateral force-resisting system consisting of steel-braced frames or special moment-resisting frames shall have a maximum overall height-to-length ratio of one-half to one. (See Section 2312, or successor section contained in the latest edition of the California Building Code.)

5. Except for single story buildings with an open front on one side only, a minimum of two lines of vertical elements of the lateral force resisting system parallel to each axis of the building. (See subsection L of this section for open front buildings.)
E. Lateral Forces on Elements of Structures. With the exception of the diaphragm provisions in subsection D of this section, elements of structures shall comply with subsection (C)(2) of this section.

F. Crosswalls. Crosswalls shall meet the requirements of this subsection.

1. Crosswall Definition.
a. A crosswall is a wood-framed wall sheathed with any of the materials described in Tables No. A1- C or A1-D of this chapter. Spacing of crosswalls shall not exceed forty feet on center measured perpendicular to the direction of consideration, and shall be placed in each story of the building.

Crosswalls shall extend the full story height between diaphragms. b. Exception: Crosswalls need not be provided at all levels in accordance with subsection (G)(2)(d) of this section.
c. Existing crosswalls need not be continuous below a wood diaphragm at or within four feet of grade provided:
i. The shear connection and anchorage requirements of subsection (D)(5)of this section are satisfied at all edges of the diaphragm.
ii. Crosswalls with total shear capacity of .2OZEW d interconnect the diaphragm to the foundation.
iii. The demand capacity ratio of the diaphragm between the crosswalls that are continuous to their foundations shall be calculated as:

DCR = [0.83ZWc + Vca]/2vuD (A1-4)
and DCR shall not exceed 2.5.

2. Crosswall Shear Capacity. Within any forty feet measured along the span of the diaphragm, the sum of the crosswall shear capacities shall be at least thirty percent of the diaphragm shear capacity of the strongest diaphragm at or above the level under consideration.

3. Existing Crosswalls. Existing crosswalls shall have a length to height ratio between openings of not less than 1.5. Existing crosswall connections to diaphragms need not be investigated as long as the crosswall extends to the framing of the diaphragm above and below. 144