ORDINANCE 1622
AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA,
AMENDING CHAPTER 9.09, CAMPING AND RELATED ACTIVITIES
OF TITLE 9 PUBLIC PEACE, MORALS, AND WELFARE OF THE
BANNING MUNICIPAL CODE TO UPDATE REGULATIONS
GOVERNING CAMPING AND RELATED ACTIVITES WITHIN THE
CITY OF BANNING, AND MAKING A DETERMINATION OF
EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, On April 23, 2024, the City Council adopted Ordinance 1603 to add Chapter 9.09 to Title 9 (Public Peace, Morals, and Welfare) to the Banning Municipal Code to provide for regulations governing camping and related activities; and WHEREAS, in 2024 the United States Supreme Court decision in Grants Pass v. Johnson affirmed a city’s right to adopt and enforce generally applicable laws against sleeping or camping on public property;
WHEREAS, the City, in accordance with its police power to protect the public health and welfare, seeks to update its generally applicable ordinance regarding sleeping and camping on public property consistent with the United State Supreme Court’s decision in Grants Pass v. Johnson:
NOW THEREFORE, The City Council of the City of Banning does hereby ordain as follows:
SECTION 1. Incorporation of Recitals. The recitals set forth above are true, correct, and incorporated herein by this reference.
SECTION 2. CEQA. The City Council has independently reviewed and considered the requirements of the California Environmental Quality Act ("CEQA") and has determined that the Municipal Code amendments contained in Section 3 of this Ordinance are exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that these amendments may have significant effect on the environment.
SECTION 3. Findings. The City Council hereby finds and determines that facts exist to approve the amendments to the Banning Municipal Code.
SECTION 4. Approval. The City Council hereby approves Ordinance 1622 amending Chapter 9.09, Camping and Related Activities, of Title 9, Public Peace, Morals, and Welfare of the Banning Municipal Code as set forth in Exhibit A, which is attached and incorporated herein by this reference.
SECTION 5. Effective Date. The ordinance shall become final and effective thirty (30) days after the adoption of this Ordinance by the City Council as provided by law.
SECTION 6. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this 2275
Ordinance 1622
Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
SECTION 7. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Banning’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
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 ____ day of ____, 2026, by the following 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 ____ day of ______ 2026.
AYES:
NOES:
ABSENT:
ABSTAIN:
Richard Royce, Mayor
City of Banning
ATTEST:
Sandra Calderon, Deputy City Clerk
City of Banning
APPROVED AS TO FORM:
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Ordinance 1622
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
CERTIFICATION:
I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that Ordinance 1622 was duly introduced at a regular meeting of the City Council of the City of Banning, held on the 10th day of March 2026, and was duly adopted at a regular meeting of said City Council on the 24th day of March 2026, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Deputy City Clerk
City of Banning, California
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EXHIBIT A
"Chapter 9.09 - CAMPING AND RELATED ACTIVITY
9.09.010 - Unlawful camping in public places.
A. Findings and purpose.
1. The streets, parks, public buildings and grounds, and other public areas in the city should be readily accessible and available to residents and the public at large. Public property within the city is not specifically designed for the purpose of camping and so does not have the facilities necessary to protect the property from overuse and unsanitary conditions potentially injurious to public health.
2. Public streets, sidewalks, and walkways are created and maintained for the primary purposes of enabling pedestrians and vehicles to safely and efficiently move about from place to place, facilitating deliveries of goods and services and providing all potential customers and visitors with convenient access to goods and services, as well as a place to recreate and engage in free public speech in shared civic space.
3. The use of public property for camping purposes interferes with the rights of others to use the areas for the purposes for which they were intended, such as transportation, municipal operations, recreation, and open space.
4. Camping activities may constitute a public health and safety hazard when conducted without the proper security, sanitary facilities and precautions. The necessity to clean up, repair, or remediate public property that has been used for unlawful camping may result in substantial costs to the public.
5. Pedestrians, particularly elderly, disabled, and vision-impaired, are put at increased risk when they must see and navigate around individuals sitting or lying upon the public sidewalk.
6. There is no specific site or sites that should be designated for camping because it is the experience of the city and other municipalities that sites where camping is continuous or camping populations are numerous become public health, environmental degradation, and policing problems.
7. Designated open space contains ecologically sensitive habitats, including many protected plant and wildlife species, as well as fresh water supplies. Except as provided for in this section, human presence in open space other than on designated trails can seriously damage or destroy these habitats as well as increase the risk of wildfire danger.
8. Certain public lands within the city's geographical boundaries pose significant health and safety hazards to people who make shelter or stay overnight in these areas.
9. It is the obligation of the city to keep its public property and public rights-of-way clean and available for public use, and to protect the public health, safety, and access by city constituents.
10. The city is committed to protecting the life, health, and safety of its residents and all people within the city's geographical boundaries.
11. The purpose of this section is to maintain public places within the city in a clean and accessible condition, to prevent the accumulation of trash and debris and to reduce the risk of both structural and brush fires.
12. This section shall not be interpreted to criminalize any person based on their status as a homeless individual.
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13. The city council is committed to protecting the rights of individuals who cannot obtain shelter and to treating their personal property with respect and consideration.
B. Definitions. As used in this section:
1. "Camp" means to pitch or occupy camp facilities; or to use camp paraphernalia, for the purpose of occupancy, habitation, or sheltering for survival in an outdoor area, and in such a way as will facilitate sleeping or storage of personal belongings, carrying on cooking activities, taking measures to keep protected from the elements including heat and cold, or any of these activities in combination with one another or in combination with either sleeping or making preparations to sleep. The act of sleeping on its own does not constitute camping.
2. "Camp facilities" include, without limitation, tents, huts, lean-tos, vehicles, vehicle camping outfits, unapproved shacks or temporary shelters, cook stoves or fire pits, however constructed.
3. "Camp paraphernalia" includes, without limitation, tents or tent-like structures, cots, hammocks, sleeping bags, bedrolls, blankets, personal cooking facilities, and similar equipment.
4. "Open space" means any parcel or area of land or water that is essentially unimproved and devoted to an open space use, and which is designated on the local open space plan as any of the following:
(a) for the preservation of natural resources; (b) for the managed production of resources; (c) for outdoor recreation; (d) or public health and safety.
5. "Public place" means property owned, held, or leased by a public entity or agency, improved or unimproved, and includes, without limitation, open space, parks, plazas, parking lots, highways, streets, bridges, alleys, driveways, sidewalks, walkways, or other public rights-of-way.
6. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
C. Camping in a public place.
Unless authorized by permit or other applicable law, it shall be unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in, on, or under any public place regardless of the time of day, except as otherwise provided in this chapter.
D. Unlawful storage of personal property in a public place. It shall be unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia, in any public place, except as otherwise provided by this code, or except by written permission of the property owner.
Nothing herein shall be construed to allow storage where otherwise prohibited by this code.
E. Property removal. City designated personnel, including City Code Enforcement and Police Officers, or other authorized contractors may remove personal property unlawfully stored or found in or on public places as outlined in subsection (D) of this section or found in an unlawful encampment as follows:
1. The location of any personal property including camp facilities and camp paraphernalia shall be noticed as follows:
"It is illegal to store personal property in or on a public place.. If this personal property is not removed within 48 hours of the date of this posting, THE PERSONAL PROPERTY SHALL BE DEEMED INTENTIONALLY ABANDONED AND SUBJECT TO REMOVAL AND DESTRUCTION." 2279
The notice shall include the anticipated time and date of removal, and information on how unattended belongings may be retrieved, and the date by which they must be claimed. The notice may also include information on services, including shelter, that are immediately available to persons camping or occupying camp facilities.
2. City personnel may remove any personal property unlawfully stored or remaining in or on a public place after the 48-hour posting period has expired. No removal operations shall begin earlier than the date and time posted on the notice. If the removal does not begin within two days of the date written on the notice, a new notice must be posted a minimum of 48 hours before removal operations may begin.
3. Any person who returns to a camp or any camp facility during removal proceedings shall be allowed to remove their personal property from the site. Personal property left behind will be deemed abandoned.
4. Personal property which has been clearly abandoned, poses an imminent threat to public health or safety, may result in pollutants entering storm drains or other discharge into water in violation of Section 13.24.090 of this code, is contraband, or which is evidence of a crime shall not be subject to the above notice requirements and shall be removed immediately by city personnel or police and stored or destroyed according to the provisions below.
F. Personal belongings removed pursuant to Subsection (E) that are not a health or safety hazard shall be collected and stored for not less than 60 days as provided for herein.
1. “Personal belongings” includes:
a. items of apparent value of $50 or more;
b. items of apparent personal value, including, but not limited to: eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment, backpacks, photographs, and identification (such as a driver’s license, passports, or other state or federally issued identification cards).
2. Items that constitute a health and safety risk and that will not be collected include, but are not limited to:
a. Toxic sharps: needles, scissors, knives.
b. Chemicals: bleach, paint, oils, etc.
c. Items (including bedding and clothing) soiled by infectious materials, including human waste and bodily fluids.
d. Moldy, mildewed items.
e. Items that may be infested by rodents and insects: rats, mice, fleas, lice, bed bugs. f. Items that pose a risk of fire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids. g. Backpacks that have been determined to contain items listed in (a)-(f) above or (3) below will be discarded.
h. If personal belongings are co-mingled or littered with needles, human waste, or other health risks, the entire pile of belongings may be disposed of.
3. Bulky items such as mattresses and sheds, perishable items such as food, controlled substances, contraband, and trash or debris will not be collected and stored. Contraband and controlled substances should be handled by trained professionals and consistent with applicable law.
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4. At the time of removal of unlawfully stored or remaining personal belongings, city personnel shall conspicuously post and date a notice either at the exact location from which the personal belongings were removed or at another nearby location giving the following information. a. A list of personal belongings removed;
b. A telephone number for information on retrieving personal belongings; c. An address where the personal belongings are temporarily stored; and d. The length of time during which the personal belongings may be claimed.
5. Following removal of unlawfully stored or remaining personal belongings, city personnel shall photograph the items, collectively or individually, and store such personal belongings in an area designated by the city for a period of sixty days.
6. Personal property stored by the city, which is claimed within sixty days from removal, shall be released to the person claiming ownership provided the person identifies the property and the approximate location where the property was left.
7. Disposition of property.
a. Property that remains unclaimed after sixty days may be dedicated for public use or may be given to a local nonprofit agency for charitable use.
b. All other unlawfully stored or found personal property which remains unclaimed after sixty days is deemed intentionally abandoned and may be abated and destroyed.
8. Nothing in this Section shall be construed to limit or prohibit City officials from enforcing any other city or state laws, including, but not limited to, laws governing use of controlled substances or weapons, fire code, and public nuisance laws.
9.09.020 - Sitting, lying, sleeping in public places.
A. Findings and purpose.
1. Public streets, sidewalks, and walkways are created and maintained for the primary purposes of enabling pedestrians and vehicles to safely and efficiently move about from place to place, facilitating deliveries of goods and services and providing all potential customers and visitors with convenient access to goods and services, as well as a place to recreate and engage in free public speech in shared civic space.
2. Except as provided for in this section, sitting or lying on public streets, sidewalks, or walkways interferes with the primary purposes of the public street, sidewalk, or walkway, threatens public safety, and damages the public welfare.
3. Pedestrians, particularly the elderly, disabled, and vision-impaired, are put at increased risk when they must see and navigate around individuals sitting or lying upon the public sidewalk.
4. In some circumstances, people sitting or lying on sidewalks deter many members of the public from frequenting those areas. This, in turn, contributes to an erosion of the essential economic viability of those areas. Business failures and relocations can cause vacant storefronts contributing to a spiral of deterioration and blight, which harms the public health, safety, and welfare.
5. There are numerous other places within the city where sitting can be accommodated without unduly 2281
interfering with the safe flow of pedestrian traffic, impairing commercial activity, threatening public safety, or harming the public welfare. These other places include city parks, numerous public benches and other seating facilities, plazas, portions of sidewalks not intensively used by pedestrians, common areas open to the public and private property with the permission of the property owner.
6. The city recognizes that there is a fundamental need to sleep and desires to accommodate that need while also satisfying the needs of the general public to travel freely and safely throughout the city.
7. The limited regulation of sitting or lying down on sidewalks is both reasonably necessary and appropriately balances the public interest and individual rights.
8. Designated open space contains ecologically sensitive habitats, including many protected plant and wildlife species, as well as fresh water supplies. Except as provided for in this section, human presence in open space, other than on designated trails, can seriously damage or destroy these habitats as well as increase the risk of wildfire danger.
B. Definitions. As used in this section:
1. "Obstruct pedestrians or vehicular traffic" means to obstruct or impede passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact.
2. "Public place" means public property, including, without limitation, publicly owned parking lots and driveways, highways, streets, bridges, alleys, sidewalks, walkways, and city-owned areas generally accessible to the public.
C. Prohibited conduct.
1. No person shall obstruct pedestrian or vehicular traffic by sitting or lying in a public place or in doorways or entrances or exits to buildings.
2. No person shall be permitted to sleep in a public place at any time, unless otherwise permitted by this Chapter.
3. No person shall be permitted to sleep in any open space, as defined in subsection (B)(4) of Section
9.09.010.
4. Except as otherwise permitted under Title 17 of this code, it is unlawful for any person to sleep between 6:00 AM. and 10:00 P.M. in any vehicle parked in or upon any public place or in or upon any privately owned parking area used for parking of customers of any business enterprise without the written consent of the owner of such business enterprise.
D. Exceptions. The prohibitions set forth in subsection (C) of this section shall not apply to:
1. Persons operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to an applicable, valid permit; or person participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted in a public place;
2. Any conduct that is in conformity with the terms of any permit granted pursuant to this code; or
3. Persons patronizing dining establishments with seating areas in the public right-of- way, who have been permitted pursuant to this code.
E. Picketing or protesting. It is not the intent of this section to prohibit protesting, picketing, demonstrating, 2282
signature gathering, voter registration, leafleting, or any other lawful activity permitted under the laws of the United States of America, State of California, or by the National Labor Relations Act in connection with a labor dispute.
9.09.030 -Camping on private property.
A Except as otherwise provided in this section, it shall be unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in, on, or under any private property within the city or to start or maintain an open fire on private property in violation of the Fire Code.
B. Except as otherwise provided in this subsection, this section shall not apply to persons camping upon their own land or to persons camping with the written consent of the owner of the land; provided, that such written consent is in their possession at the time and is shown upon demand of any peace officer and is not otherwise prohibited by Title 17 of this code. Irrespective of any written consent provided by the owner of the land, no person shall camp, or permit to camp, on private property for a period of time exceeding seven consecutive days without an interruption of at least five consecutive non-camping days. For purposes of this section, camping for any portion of a day shall count as a full camping day.
C. This section shall not apply to persons lawfully camping within campgrounds or trailer parks approved pursuant to Title 17 of this code, or to any permitted or otherwise lawful special event, nor shall it be construed to waive or preempt any requirement or authorization provided under Title 17 of this code."
9.09.040 - Severability.
If any provision of this chapter is rendered illegal, invalid, or unenforceable, all other parts of this chapter shall remain in full force and effect.
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AFFIDAVIT OF PUBLICATION
Record Gazette
218 N. Murray St., Banning, CA 92220
Proof of Publication
(2015.5 C.C.P.)
Pre Adoption Summary Ordinance 1622
___________________________________________________
State of California )
County of Riverside ) SS.
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of
general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737.
That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
Feb 27, 2026
Executed on: ____________________
At City of Banning, California
I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct.
___________________________________________________
Signature
Pre Adoption Summary Ordinance 1622 | Page 1 of 1
February 27, 2026
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CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Lisa Rossi, Human Resources Director
MEETING DATE: March 10, 2026
SUBJECT: Consideration of Resolution 2026-48, Authorizing the Appointment of Retired Annuitant Matthew Bassi as Interim Community Development Director
RECOMMENDATION:
Adopt Resolution 2026-48
BACKGROUND:
Following Community Development Director David Newell’s recent resignation, the City has begun a formal recruitment process to fill the vacancy. Given Mr. Newell’s extensive involvement in key municipal projects, Human Resources partnered with staff and specialized firms to secure a retired annuitant. This interim lead will provide essential guidance and departmental support while a permanent successor is found. A recruitment is underway and a permanent appointment is anticipated to be in place prior to June 30, 2026.
In mid-February, the City identified Mr. Matthew Bassi to fill the vacant Community Development Director position on an interim basis while the recruitment for a permanent appointment continues. Mr. Bassi is a highly qualified CalPERS retiree with over 40 years of distinguished experience in city management and municipal planning. It is anticipated that Mr. Bassi will officially assume the role of Interim Community Development Director on March 11, 2026.
Pursuant to Government Code section 21221(h), the City is permitted to make limited-term appointments of CalPERS retirees to temporary positions, provided they adhere to requirements regarding compensation, duration, and hour limitations. In accordance with these guidelines, Mr. Bassi is restricted to an aggregate of 960 hours per fiscal year across all CalPERS contracting agencies. His appointment ensures that the Community Development Department remains under expert leadership during this pivotal transition period.
Staff recommends that the City Council approve by Resolution the limited-term appointment of Matthew Bassi as Interim Community Development Director, while the city continues to aggressively recruit for a permanent appointment.
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JUSTIFICATION:
The resolution for Interim Vacant Retired Annuitant under Gov. Code section 21221(h), is for CalPERS retirees hired to work in a vacant position while the employer recruits for a permanent replacement, such as an interim city manager, interim police or fire chief, interim department head, or any other unique managerial or executive position. An open recruitment to fill the vacancy with a permanent replacement is required to appoint a retiree. A retiree can only be appointed once to a vacant position. A retiree must reinstate from retirement to be employed in any regular staff position which includes any permanent positions including full time, part time, seasonal, limited term, permanent intermittent, exempt from membership, or any other type of temporary or periodic regular staff position.
FISCAL IMPACT:
Mr. Bassi will be paid an hourly rate of $103.68, representing the top-step equivalent for the Community Development Director position, for a total of $62,208. This expenditure will be covered by salary savings resulting from current department vacancies. He is not entitled to any additional compensation, benefits, vacation, or holidays.
ALTERNATIVES:
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Resolution_2026-48_Matthew_Bassi.docx
2. Bassi_Matthew_Final_Offer_of_Employment_031026.docx
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Resolution 2026-48
RESOLUTION 2026-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPOINTING MATTHEW BASSI AS AN INTERIM COMMUNITY DEVELOPMENT DIRECTOR Government Code Section 21221(h)
WHEREAS, Government (Gov.) Code section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and WHEREAS, the Banning City Council desires to appoint Matthew Bassi as an interim appointment retired annuitant to the vacant position of Community Development Director for the City of Banning under Gov. Code section 21221(h), effective March 11th, 2026; and WHEREAS, the City Council, the City of Banning and Matthew Bassi certify that Matthew Bassi has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and
WHEREAS, the governing body has authorized the search for a permanent appointment as of; and
WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end on June 30th, 2026; and
WHEREAS, the entire employment agreement, contract or appointment document between Matthew Bassi and the City of Banning has been reviewed by this body and is attached herein; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $215,650.48 and the hourly equivalent is $103.68; the minimum base salary for this position is $159,401.34 and the hourly equivalent is $76.64; and
WHEREAS, the hourly rate paid to Matthew Bassi will be $103.68; and WHEREAS, Matthew Bassi has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the City Council hereby certifies the nature of the employment of Matthew Bassi as described herein and detailed in the attached employment 2287
Resolution 2026-48
agreement / contract / appointment document and that this appointment is necessary to fill the critically needed position of Community Development Director for the City of Banning by March 11th, 2026, because the need for management level support continues to exist while the Community Development Director recruitment remains open.
SECTION 1. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.
SECTION 2. The City Clerk shall certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 10th day of March, 2026.
Richard Royce, Mayor
City of Banning
ATTEST:
Sandra Calderon, Deputy City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkey, City Attorney
SBEMP
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Resolution 2026-48
CERTIFICATION:
I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-48, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of March 2026 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Deputy City Clerk
City of Banning, California
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Resolution 2026-48
Exhibit A
Letter of Employment – Matthew Bassi
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City of Banning
Human Resources and Risk Management
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3155 or 3173 March 11th, 2026
Subject: Final Offer of Employment – Interim Community Development Director (Retired Annuitant)
Dear Mr. Bassi,
CalPERS allows retirees receiving a pension to return to work in a limited capacity as a Retired Annuitant. A retired annuitant is a CalPERS retiree, who works as an at-will employee of a CalPERS employer, with certain restrictions to avoid jeopardizing their retirement pension payments. Under Gov. Code section 21221, subdivision (h) (hereinafter “Gov. Code section 21221(h)”), a contracting agency is permitted to use a Retired Annuitant to fill a vacant position on an interim basis while recruiting for a permanent appointment. This appointment is being made as an emergency appointment to prevent a stoppage of public business.
Below is the position and pay information for this special assignment, as well as further rules and requirements for working as a retired annuitant.
Position: Retired Annuitant – Interim Community Development Director Salary Grade: D01, Step 13
Salary Range: $103.6781/hr.
Start Date: March 11, 2026
Maximum Hours: No more than 40 hours per week
Report to: Elizabeth Gibbs, City Manager
This position is an at-will, temporary position until tentative June 30, 2026.
As a retired annuitant:
You do not accrue service credit or any additional retirement benefits from employment. You must have a Limited-Duration work period. You may not exceed 960 hours in a fiscal year (July 1 through June 30) for employment with all CalPERS employers combined. There are no exceptions to this limit. Your hours will reset each July 1st, and you can work another 960 hours for the new fiscal year. Your employment should terminate when the limited duration work you were hired to perform is completed.
You cannot be employed in any regular staff position such as “seasonal”, “permanent intermittent” or any other “temporary” position other than a retired annuitant position. You also cannot receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate. For example, longevity compensation, sick leave or vacation benefits cannot be provided to a retired annuitant. 2291
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3155 or 3173 You cannot be appointed as a retired annuitant if you received unemployment insurance payments for prior retired annuitant work for any CalPERS employer within 12 months prior to your appointment date. Upon accepting employment, you must certify in writing to the employer that you comply with this requirement.
We are excited to welcome you to the City of Banning. We do require your signature to indicate your acknowledgement of the retired annuitant requirements. Please feel free to contact Lisa Rossi via email at [email protected] or by telephone at (951) 922-3179 with any questions.
Sincerely,
Elizabeth Gibbs
City Manager
ACKNOWLEDGEMENT:
I HAVE READ AND UNDERSTAND THE CONTENTS OF THIS LETTER AND ACCEPT THIS POSITION WITH THE STIPULATIONS CONTAINED HEREIN.
_____________________________________________
Name (please print)
______________________________ ________________________ Signature Date
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