Agenda packet, regular meeting — Banning City Council, April 14, 2026 (part 2 of 7)

284
WHEREAS, pursuant to the California Environmental Quality Act ( CEQA) and State CEQA Guidelines Sections 15064(f)(1) and 15378, the proposal constitutes a project as defined by CEQA and Community Development Department staff has determined that the Project is likely to have a significant effect on the environment; and WHEREAS, based upon the complexity and magnitude of the proposed project, staff determined that an Environmental Impact Report should be prepared for the Project and an Initial Study was not necessary. A Notice of Preparation ( NOP) was subsequently completed and distributed to the State Clearinghouse, as well as agencies and organizations that may provide comments on the Project's potential impact(s) on the environment; and
WHEREAS, the State of California Clearinghouse issued a project number (SCH No. 2021020011) for an EIR evaluating the Project and the concurrent entitlement of the MSJC Site to accommodate State law required transfer of residential density from the Project site. The NOP 30-day public comment period extended from February 1 to March 3, 2021. An electronic copy of the NOP was made available on the City's website.

Comments received during the public review of the NOP were utilized to assist in identifying potential environmental impacts; and
WHEREAS, due to COVID-19 restrictions, the Public Scoping meeting was held virtually on February 18, 2021, via Zoom. Notice of the Public Scoping Meeting was published in the Banning Record Gazette on February 5, 2021, providing the appropriate instructions for public participation in the Scoping Meeting. The Public Scoping Meeting included a presentation providing a summary of the Project, required actions, and the environmental review process. No public comments were received during the Scoping Meeting; and
WHEREAS, the Project includes a General Plan Amendment and a Specific Plan for the Project; therefore, Native American consultation pursuant to both SB 18 and Assembly Bill 52 (AB 52) was conducted. On November 30, 2020, the City reached out to 31 Native American contacts to formally invite participation in tribal consultation pursuant to AB 52 and SB 18 required for the Project. The City received responses from the Marengo Band of Mission Indians ( MBMI), the Soboba Band of Luisefio Indians SBLI), and the Agua Caliente Band of Cahuilla Indians ( ACBCI) requesting formal consultation with the City regarding the Project with all correspondence received indicated that their respective tribal groups did not have any responses or that no specific archival information at the Development Site indicated that it may be a sacred site or other site of Native American traditional cultural value; and
WHEREAS, the City provided a separate consultation invitation to these same 31 Native American contacts on August 25, 2022, specifically identifying the entitlement actions related to the MSJC Site. In this 2022 consultation, the City stated the MSJC site entitlements proposed only changes to the City's land use and zoning maps, and that no construction or physical alterations were proposed or would be authorized under the MSJC entitlements. The MBMI acknowledged the City's actions and noted the MSJC Site is located within the ancestral territory and traditional use area of the Cahuilla and Serrano people ofthe MBMI and that any future construction or alterations to the MSJC Site would be of interest to the MBMI. The San Manuel Band of Mission Indians (SMBMI) stated the Resolution 2026- 28
March 10, 2026

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MSJC Site is outside of Serrano ancestral territory and, as such, SMBMI would not request consulting party status with the City; and
WHEREAS, a Notice of Availability ( NOA) of the Draft EIR was provided to responsible and trustee agencies, as well as the organizations, and persons who have previously requested notification. The NOA was distributed via priority mail with confirmed receipt. The NOA identified the State mandated 45-day public review period extending from December 15, 2023 to January 30, 2024, and included a weblink to the City's public noticing page providing further access to the Draft EIR, project material, and related technical appendices. Emails advising of the availability of the Draft EIR were sent by the City on December 15, 2023, to those parties requesting electronic notification. These emails provided the same weblink leading to the Draft EIR; and WHEREAS, during the public review and comment period, the City received 54 letters from Resource Agencies, Trustee Agencies, and other interested parties. The City prepared a response to each comment letter received and prepared a Final Environmental Impact Report for the Project ( the DEIR and Final EIR, collectively, FEIR"); and
WHEREAS, in accordance with the disclosure requirements of CEQA Guidelines Section 15072(g)(5), the Project site is not listed as a hazardous property as designated under Section 65962.5 of the Government Code; and
WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on August 15, 2025, the City provided public notice by advertisement in the Record Gazette newspaper of a public hearing at a September 10, 2025 Planning Commission special meeting convened to consider the Project and to recommend that the City Council adopt a Final Environmental Impact Report, inclusive of the Draft EIR FEIR") for the Project. The public hearing notice was also mailed to the owners of the subject properties within 300-feet of the Project boundary; and WHEREAS, in accordance with Government Code Sections 65353 and 65855, at the September 10, 2025 special meeting the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Project and at which time the Planning Commission considered the entirety of the Project. At the conclusion of the hearing, the Planning Commission voted 2 in support and 3 opposed to adopt the draft resolution recommending approval, resulting in a failed motion; and
WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on October 10, 2025, the City provided notice by advertisement in the Record Gazette newspaper of continuation of the September 10, 2025 Planning Commission special meeting to the regular meeting of the Planning Commission on November 5, 2025 to continue deliberations and make recommendations to the City Council regarding the Project entitlements. including the FEIR. The public hearing notice was also mailed to the owners of the subject properties within 300-feet of the Project boundary; and WHEREAS, the City supplemented the FEIR with a Sunset Crossroads ProjectSupplemental CEQA Memorandum prepared by Urban Crossroads, Inc. dated October Resolution 2026- 28
March 10, 2026

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23, 2025 ("Initial Supplemental CEQA Memorandum") to address revisions to the Project described therein; and
WHEREAS, in accordance with Government Code Sections 65353 and 65855, at the November 5, 2025 regular meeting, the Planning Commission considered any new information received on the Project and voted 3 in support and 2 opposed to not re-open the public hearing, in accordance with the City of Banning's Manual of Procedural Guidelines, Section 7.3(e), before continuing its deliberation and considering the entirety of the record for the Project; and
WHEREAS, at the November 5, 2025 regular meeting, the Planning Commission by a vote of 3 in support and 2 opposed as to the Project and 5 in support and none opposed as to the MSJC Site density transfer, instructed staff to prepare resolutions making findings supporting a denial recommendation to the City Council of the projects and rejection of the certification of the FEIR and continued the matters to November 17, 2025;and
WHEREAS, at a November 17, 2025 special meeting, the Planning Commission voted 3 in support and 2 opposed to adopt Resolution No. 2025-15 recommending the City Council deny Project applications and rejecting the certification of the FEIR, and voted 5 in support and none opposed to adopt Resolution No. 2025-16 recommending the City Council deny applications with respect to the MSJC Site entitlements, each including related findings, and
WHEREAS, a public notice for the January 28, 2026, City Council special meeting was published in accordance with State law and the Banning Municipal Code, and written notice was mailed to property owners within 300 feet of the Project site; and WHEREAS, at the January 28, 2026, special meeting, the City Council held a public hearing, commenced deliberation and voted 5-0 to continue deliberation of the matter at a special meeting on February 26, 2026; and
WHEREAS, at the February 26, 2026, special meeting, the City Council voted unanimously 5-0 to continue the item to a regular meeting date of March 10, 2026; and WHEREAS, the City further supplemented the FEIR with a Sunset Crossroads Project-Modified Project V2.1 Trip Generation Assessment prepared by Urban Crossroads, Inc. dated February 20, 2026 (collectively with the Initial Supplemental CEQA Memorandum, the "Supplemental CEQA Memoranda") to address further reductions in Project industrial square footage and related traffic impacts; and WHEREAS, all the requirements of CEQA and the State CEQA Guidelines have been satisfied by the City in the FEIR as supplemented by the Supplemental CEQA Memoranda, which are sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the modifications the Project identified in the Supplemental CEQA Memoranda and the Development Agreement do not increase the environmental impacts of the Project and do not meet any of the criteria set forth in Section 15088.5 of the State CEQA Guidelines requiring recirculation and therefore the FEIR does not need to be recirculated prior to its certification; and
Resolution 2026- 28
March 10, 2026

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WHEREAS, the Project reduces environmental impacts by incorporating the reduction in industrial uses generally as contemplated by Alternative 4, the Reduced Industrial Alternative, which was identified as the Environmentally Superior Alternative in the FEIR, including by (1) eliminating the extension of Lincoln Street over the Smith Creek drainage, buildout of Highland Home Road north of Sun Lakes Boulevard and the related fire road access and ( 2) eliminating Industrial buildings in Planning Areas 2, 3, 7, 8 and 9 and all cold-storage uses, thereby reducing overall Industrial square footage to a maximum of 4,749,000 square feet, which is an even greater reduction in square footage and elimination of more buildings than considered in Alternative 4. The Project also modifies and reduces impacts to the Commercial land uses by removing construction of the truck fueling operation, modifying the mix of commercial uses, and reducing the maximum commercial square footage to approximately 223,753 square feet, including up to 200,000 square feet discount club use, plus 125 hotel rooms; and WHEREAS, the City, as "Lead Agency" under the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, concurrently with adoption of this Resolution, certified the FEIR as supplemented by the Supplemental CEQA Memoranda and adopted Findings and Statement of Overriding Consideration and a Mitigation Monitoring and Reporting Program and determined that the FEIR as so supplemented sufficiently analyzes both the feasible Mitigation Measures necessary to avoid or substantially lessen the Project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects while feasibly attaining most of the basic objectives of the Project in accordance with CEQA and the State CEQA Guidelines, and has determined that the General Plan Amendment and Specific Plan have been fully analyzed per CEQA under the FEIR as so supplemented and all other legal prerequisites to the adoption of this Resolution have occurred; and
WHEREAS, all of the findings and conclusions made by the City Council pursuant to this Resolution and in the accompanying staff report, are based on the facts, analysis and conclusions in the FEIR as supplemented by the Supplemental CEQA Memoranda, all of which are incorporated herein by this reference, and the oral and written evidence presented to it as a whole, and not based solely on the information provided in this Resolution; and
WHEREAS, environmental impacts which the City finds are less than significant and do not require mitigation are described in the FEIR and Supplemental CEQA Memoranda; and
WHEREAS, environmental impacts that are potentially significant but which the City finds can be mitigated to a level of less than significant through the imposition of feasible Mitigation Measures are identified in the FEIR and the Supplemental CEQA Memoranda; and
WHEREAS, certain environmental impacts that are potentially significant and the City finds cannot be fully mitigated to a level of less than significant despite the imposition of all feasible Mitigation Measures are identified in the FEIR and the Supplemental CEQA Memoranda; and
WHEREAS, alternatives to the Project that might eliminate or reduce significant environmental impacts are described in the FEIR; and
Resolution 2026- 28
March 10, 2026

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WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the FEIR, the Findings and Statement of Overriding Considerations, the Mitigation Monitoring and Reporting Program, the Supplemental CEQA Memoranda, and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the FEIR, the Supplemental CEQA Memoranda, the Findings and Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program reflect the independent judgment of the City Council and are deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments made in the public hearings conducted by the City or any additional information submitted to the City following publication of the FEIR have produced substantial new information requiring recirculation or additional environmental review under State CEQA Guidelines section 15088.5 and do not change the findings and conclusions in the Final EIR, the Supplemental CEQA Memoranda, the Findings or the Statement of Overriding Considerations; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

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

SECTION 1. RECITALS:

The preceding Recitals are true and correct and made a part of this Resolution.

SECTION 2. ENVIRONMENTAL DETERMINATION:

A. Pursuant to the California Environmental Quality Act (CEQA) (Cal. Pub. Res. Code § 21000 et seq.), the State Guidelines ( 14 Cal. Code Regs. § 15000 et seq.), City Staff prepared an Environmental Impact Report evaluating the potential environmental effects of the Sunset Crossroads development project, and a programmatic analysis of the proposed MSJC entitlements.

B. Thereafter, City Staff provided public notice of completion of a DEIR and establishing the 45-day public review and comment period as required by law. The public comment period began on December 15, 2023, and expired on January 30, 2024. Copies of the documents are available for public review and inspection at City Hall, 99 E. Ramsey Street, Banning, California 92220, the Banning Public Library, located at 21 West Nicolet Street, Banning, California 92220, and the City of Banning website. The City received 54 comment letters during the public review period.

C. The City Council has reviewed the Final EIR, inclusive of the Draft EIR, and the Supplemental CEQA Memoranda, which are on file with the Planning Department and incorporated herein by this reference, and all comments received regarding the FEIR.

In light of the whole record, the City Council determines and finds that: ( 1) the FEIR as supplemented by the Supplemental CEQA Memoranda was prepared in compliance with CEQA; ( 2) where the Final EIR as supplemented by the Supplemental CEQA Memoranda determines that impacts cannot be mitigated to less than significant for the Project, the City Council has carefully considered and balanced the benefits of the Project against its unavoidable environmental risk and determined Resolution 2026-28
March 10, 2026

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289
that the benefits outweigh the unavoidable adverse environmental effects and that the adverse environmental effects may be considered acceptable as further set forth in the Statement of Overriding Considerations, ( 3) except as set forth in the FEIR, Supplemental CEQA Memoranda and the Findings and Statement of Overriding Considerations, with the incorporation of mitigation measures, there is no substantial evidence that the Sunset Crossroads Specific Plan and MSJC density transfer entitlements will have a significant effect on the environment; and (3) the FEIR reflects the independent judgement and analysis of the City Council.

D. Based on the findings set forth in this Resolution and the whole of the administrative record in this matter, the City Council CERTIFIES the Sunset Crossroads FEIR as supplemented by the Supplemental CEQA Memoranda, and adopts the related CEQA Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project, which are hereby incorporated into this Resolution.

SECTION 3. MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP):

The Sunset Crossroads Project site and the MSJC Site are located outside of MSHCP criteria cell areas and plan compliance is provided through payment of the MSHCP Mitigation Fee at the time of building permit issuance.

SECTION 4. CERTIFICATION
The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book or original resolutions.

PASSED, APPROVED AND ADOPTED this 10th day of March, 2026.

ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning

APPROVED AS TO FORM
Resolution 2026- 28
March 10, 2026

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Richa;/]; f!t:

City o Banning
290
CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk for the City of Banning City Council, do hereby certify that the foregoing Resolution No. 2026-28, was duly adopted by the City Council of the City of Banning, California, at a special meeting thereof held on the 10th day of March, 2026, by the following vote to wit:

AYES: Barrington, Miller, Royce, Wallace
NOES: Flynn
ABSENT: None
ABSTAIN: None
Resolution 2026- 28
March 10, 2026

Page 8 of 8 ends

i~(¼ rJM00
Sandra Calderon, Deputy City Clerk
City of Banning
291
Receipt: 26-96547
Product
FISH
F&G Environmental Impact Report
F&G Clerk Handling Fee
Total
Name
Peter Aldana
Riverside County
Assessor-County Clerk-Recorder
2724 Gateway Drive
Riverside, CA 92507
(951) 486-7000
www.rivcoacr.org

CLERK FISH AND GAME FILINGS
#Pages
Document#
Filing Type
State Fee Prev Charged
No Charge Clerk Fee
Tender (Tyler Payments Charge)
Tyler Payments Item Id SST3719S493
Tyler Payments Confirmation Number 26986418
Tyler Payments Id
4/1/26, 12:59 PM PST
Gateway Clerk
1e20c15c-2128-46bf-b528-11 0c0e56768b
Extended
$4,277.50
2 E-202600269
1 false
false
$4,227.50
$50.00
$4,277.50
$4,277.50
292
State of California - Department of Fish and Wildlife
2026 ENVIRONMENTAL DOCUMENT FILING FEE CASH RECEIPT
DFW 753.5a (REV. 01/01/26) Previously DFG 753.5a
RECEIPT NUMBER:
26-96547
STATE CLEARINGHOUSE NUMBER (If applicable)
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY. 20210220011

LEAD AGENCY DATE

C ITY OF BANNING
LEADAGEt-.CY EMAIL
[email protected] 04/01/2026

COUNTY /STATE AGENCY OF FILING DOCUMENT NUMBER
RIVERSIDE E-202600269

PROJECT TITLE
(1) SUNSET CROSSROADS PROJECT, (2) MT. SAN JACINTO COMMUNITY COLLEGE DISTRICT

DENSITY TRANSFER

PROJECT APPLICANT NAME

NP BANNING INDUSTRIAL, LLC

PROJECT APPLICANT ADDRESS
12977 N. OUTER 40 ROAD, SUITE 203,
PROJECT APPLICANT (Check. appropr,ate box)
D Local Public Agency 0 School District
CHECK APPLICABLE FEES:
[X] Envirorvnental Impact Report (EIR)
0 Mitigated/Negative Dedaraticn (MND)(ND)

PROJECT APPLICANT EMAIL
[email protected]

CITY STATE
ST. LOUIS MO

PHONE NUMBER
(314) 517-6873

IZIP CODE
63141
D Other Special District D State Agency [&) Private Entity $ _____ .......... $4;...;...,.=,2=2""-7'-".5...;;.
0_
$ _________ _
0 Certified Regulatory Program (CRP) document- payment due cirectty to CDFW $4,227.50
$3,043.75
$1,437.25 $ __________ _
0 Exempt from fee
0 Notice of Exemption (attach)
0 CDFW No Effect Determination (attach)
0 Fee previously paid (attach previously issued cash receipt copy) D Water Right Application or Petition Fee (State Water Resources Control Board only) 00 Coonty documentary handling fee
$850.00 $
$
D Other $
PAYMENT METHOD:
0 Cash !XI Credt 0 Check O Other
SIGNATURE xi.�
TOTAL RECEIVED $

GENCY OF FILING PRINTED NAME AND TITLE
Deputy Cassandra Sandoval
$50.00
$4,277.50
OFW 7S3.5a (Rev. 01012026)
293
Lead Agency: CITY OF BANNING
ATTN: Matthew Bassi
Address: 99 E. Ramsey St.

BANNING, CA 92220
Project Title

F I L E D / P O S T E D
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
E-202600269 04/01/2026 12:59 PM Fee: $ 4277.50

Page 1 of 2 ends

(1) Sunset Crossroads Project (2) Mt. San Jacinto Community College District Density Transfer ACR 323 (Est. 01/2021)
Filing Type
� Environmental Impact Report
D Mitigated/Negative Declaration
D Notice of Exemption
D Other:

Notes
Available in Alternate Formats 294
Notice of Determination Appendix D
To: From
Office ·of Planning and Research Public Agency: ___ __,::C::;.:.it::J.y--"o::;.:.f-=B=a'-'---'n"--'n'-'- in=g._ _ _ _ _ _ U.S. Mail: Street Address: Address: _ _ ___ __,9:a..:9a.=E__,_R=a"-'-m'--"s"'-'e'-'y---'S=t'------ P.O. Box 3044 1400 Tenth St., Rm 113 Banning CA 92220
Sacramento, CA 92518-3044 Sacramento, CA 95814 Contact: Mark Staples/Matthew Bassi Phone: (951 ) 922-3122
Riverside County Clerk (Address) Lead Agency (if different from above):

County of: Riverside
2724 Gateway Drive Address: _ ______ ____ _____ _
Riverside. CA 92507
Contact: _ _______________ _
Phone: _ ___________ _ _ __ _
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.

State Clearinghouse Number (if submitted to State Clearinghouse): 20210220011 Project Title: (1) Sunset Crossroads Project. (2) Mt. San Jacinto Community College District Density Transfer Project Applicant: {1) NP Banning Industrial, LLC (2) City of Banning Project Location (include county): City of Banning, County of Riverside Project Description:

Sunset Crossroads Project: Specific Plan (SP 20-2002}1 General Plan Amendment (GPA20-2501 }. Zone Change (ZC 20-2501 ), Development Agreement, Tentative Parcel Map No. 38118: to adopt the Sunset Crossroads Specific Plan, General Plan Amendment and Zone Change of the Specific Plan to General Commercial (GC) uses, Industrial (I) uses, Open Space - Parks (OS-P) uses, and Open Space-Resources (OS-R} uses, to develop 533.8 acres of land with 223,753 square feet of commercial retail uses, up to 4,749,000 square feet of industrial land uses, 53 acres of open space, and 5 acres for park uses, with a Resolution approving a Plan of Service and Annexation request for 254 acres of the Specific Plan area, Requesting the Local Agency Formation Commission to favorably consider Annexation of the area, located at the southwest corner of 1-10 and Sunset Avenue. APNs 537-110-003 through-005, 537-110-011 through -014, 537-120-013, 537-120-025, and 537-120-028 through -036.

Mt. San Jacinto Community College (MSJC) District Density Transfer Project General Plan Amendment (GPA122- 2502) and Zone Change (ZC 22-3502): to amend 12 parcels totaling 40.9 acres, owned by MSJC, from Public Facilities - School (PF-S) to Very High Density Residential (VHDR) to accommodate 1,146 residential units transferred from the Sunset Crossroads project consistent with he No Net Loss Law, located at the southeast corner of West Westward Avenue and Sunset Avenue, APNs 537-140-004, 537-140-006 through -012, 537-150-001, 537-150-003 and -004, 537-150-008, and 537-140-001 through -003.

This is to advise that the Banning City Council, acting as the Lead Agency, has approved the above-described projects on March 10, 2026, for the Sunset Crossroads Project, including certification of the EIR (SCH No. 2021020011 ), which approvals became effective on March 24. 2026, concurrently with the approval of the MSJC Density Transfer Project and has made the following determinations regarding the above-described project.

1. The project ~ will □ will not have a significant effect on the environment.

2. ~ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. □ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.

3. Mitigation measures ~ were □ were not made a condition of the approval of the project.

4. A statement of Overriding Considerations ~ was □ was not adopted for this project.

5. Findings IZI were □ were not made pursuant to the provisions of CEQA.

This is to certify that the final EIR with comments and responses and record of the project approval, or the Negative Declaration, is available to the General Public at:

Signature (Public Agency): _ ~ _ _ ____ fJ. _a_a_a_~_~· ___ _ Title: Interim Community Development Director Matthew Bassi
Date: ____ ---'---'A=p.:..:.ri,_I 1.,.,,,-=2=0=2=6 ___ ___ Date Received for filing at OPR: _____ _________ _ Authority cited: Sections 21083, Public Resources Code.

Reference Section 21000-21174, Public Resources Code.
4922-4173-7883.3
390086. 00004/4-I -26/jcc/bsb
295

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Mark Staples, Planning Manager
Matt Bassi, Interim Community Development Director
MEETING DATE: April 14, 2026
SUBJECT: Conduct Second Reading and Adopt Ordinance No. 1619, Approving Zone Change (Case No. ZC 22-3502) to Amend the Zoning of Approximately 41 acres of Land Owned by Mount San Jacinto Community College District Located Near the Southeast Corner of Westward and Sunset Avenues from Public Facilities-Schools (PF-S) to Very High Density Residential (VHDR) to Transfer Density of Not Less Than 1,146 Residential Units from the Sunset Crossroads Specific Plan RECOMMENDATION:

Conduct second reading and Adopt Ordinance No. 1619
BACKGROUND:

PROJECT APPLICANT:

City of Banning
209 East Ramsey Street
Banning, CA 92220
CITY COUNCIL ACTION SUMMARY:

On March 10, 2026, the City Council held a continued public hearing for the Sunset Crossroads project that included a General Plan Amendment, a Specific Plan, Zone Change, Development Agreement, Tentative Parcel Map, and an Environmental Impact Report covering the Specific Plan Area (including the proposed GPA and ZC of 41 acres at the southeast corner of Westward Avenue and Sunset Avenue). After the public hearing was closed and the Council deliberated, the City Council adopted resolutions to certify the Environmental Impact Report, and approved the General Plan Amendment, Specific Plan, and Tentative Parcel Map.

On March 24, 2026, the City Council held a continued public hearing for the Residential Density Transfer, which included a General Plan Amendment and Zone Change of property at the southeast corner of Westward and Sunset Avenues owned by the Mt. San Jacinto Community College District.

The Council held a public hearing, closed the hearing, deliberated on the matter, and adopted a General Plan Amendment that changed the land use designations of approximately 41 acres at the southeast corner of Westward Avenue and Sunset Avenue from Public Facilities - Schools (PF-S) to Very High Density Residential (VHDR).
296
The Council also adopted Ordinance No. 1619, for first reading, approving the proposed Zone Change, to match the GPA, from PF-S to VHDR, to ensure sufficient land and development density to accommodate the 1,146 residential units and to be compliant with the No Net Loss Law. Below is the project summary of the General Plan Amendment land use changes and Zone Change presented at the March 24, 2026, meeting.

PROJECT SUMMARY:

NP Banning Industrial, LLC submitted multiple entitlement applications for approval of the Sunset Crossroads Specific Plan, which will appear at public hearings as a separate public hearing item.

Approval of the proposed new Specific Plan Project will result in approximately 141.2 acres of existing residentially zoned properties within the City of Banning to convert to commercial and industrial land uses. The City has determined that adoption of a General Plan Amendment and Zone Change for the Sunset Crossroads Project would result in the reduction of the City’s residential capacity by a maximum of 1,146 units. This is a conservative estimate because it assumes the maximum number of units that could be developed and developments typically do not achieve maximum density due to a variety of factors, including topography and infrastructure requirements.

State law, set forth in California Government Code Section 66300 et seq., requires that the City identify and rezone other land in the City concurrently with adoption of the Sunset Crossroads Project to ensure ‘no net loss’ of the City’s residential development capacity. The City has therefore identified 41-acres of the 49.2-acre site located adjacent to the Sunset Crossroads development site, east of Sunset Avenue and south of Westward Avenue (MSJC Site), that is owned by the Mt. San Jacinto Community College District (MSJCCD) for that purpose. A portion of the MSJC site houses the existing MSJCCD San Gorgonio Campus.

To avoid a net loss to the City’s residential capacity that would otherwise occur if the Sunset Crossroads Specific Plan Project is approved, the City is proposing to concurrently amend the general plan land use designation and change the zoning classification of the approximately 41 acres of the MSJC site to Very High Density Residential, which would permit residential development from 24 to 30 dwelling units per acre, which would create capacity for no less than 1,146 units at the MSJC site.

The proposed amendments are: (1) General Plan Amendment (GPA) 22 -2502; and (2) Zone Change (ZC) 22-3502, which together would change the land use designation and zoning of the MSJC Site from PF–S (Public Facilities-Schools) to Very High Density Residential (VHDR) with a density range of 24 to 30 dwelling units per acre (24-30 DU/AC).

No residential development on the MSJC site has been proposed nor is any application pending. If the site is developed in the future, it would occur under the VHDR designation and in conformance with the applicable development standards found in the City’s General Plan and Zoning Ordinance. For example, the City’s VHDR land use designation allows for development condominiums, townhomes, and apartments, or a combination of these types, along with the provision of common area amenities and open space. The City’s regulations also provide for clustering of such units development of a new specific plan to provide for orderly development or provide for adequate public infrastructure (i.e., roads, storm drain, electricity, sewer, potable and recycled water availability).

Chapter 5 of the Draft EIR evaluates the environmental impacts of the MSJC Entitlements at a programmatic level. Approval of the proposed MSJC entitlements will effectively serve to avoid any net loss of residential capacity and would not result in an increase in capacity or number of residential units in the City. Therefore, the proposed MSJC entitlements are consistent with existing City planning documents and baseline assumptions identified in the environmental impact report, with only the location of the residential uses changing. A programmatic level analysis of potential environmental impacts pertaining to the MSJC entitlements and cumulative analysis was analyzed in the Final EIR and is provided in Chapters 5.0 and 6.0 of the Sunset Crossroads Specific Plan EIR. The Sunset Crossroads development project is discussed in detail in the project-level analysis of the development project in 297
Chapter 3.0 of the Environmental Impact Report (EIR). The use of this EIR as both a project-level and programmatic-level document is detailed in Chapter 1.0 of the EIR.

PROJECT DESCRIPTION:

The MSJC Site totals 49.2 acre and is located at the southeast corner of Sunset Avenue and Westward Avenue. The MSJC campus - including structures, off-street parking, and other features - is located on 3 parcels (APNs 537-140-001, 537-140-002 and 537-140-003) that constitute approximately 8.3 acres.

The remaining 41-acres is undeveloped sage scrub, grassland, and water habitats. Pershing Creek crosses Sunset Avenue from the west, bordering the southern portion of the MSJC site.

Project setting for the MSJC Site:

North: Westward Avenue is located in the City, directly north of the MSJC Site, and a single- family residential neighborhood is located north of Westward Avenue. Land to the north of the MSJC Site has a City of Banning General Plan Land Use Designation and Zoning Classification of Medium Density Residential (MDR) (0-10 DU/AC).

West: Sunset Avenue is located west of the MSJC Site and to the west of Sunset Avenue is the Sunset Crossroads development site. Currently, property west of Sunset Avenue and south of the Sun Lakes Boulevard Extension is within the City's SOI and will be annexed into the City upon approval of the Development Project.

East: Land to the east of the MSJC site is within the City but not developed and is occupied by natural vegetation and natural topography. A small, 0.11-acre area of land to the east of the MSJC site is occupied by a well and water reservoir that is fenced on its perimeter. Land to the east of the MSJC site has a City of Banning General Plan and Zoning designation of Specific Plan. The approved Rancho San Gorgonio Specific Plan (RSG SP or RSG site) encompasses 831 acres and envisions the creation of a master planned community offering up to 3,385 residential units, as well as commercial uses, public facility, school, and public open space uses.

South: Land to the south of the MSJC Site within the City is undeveloped and is occupied by natural vegetation and natural topography. This area is General Plan designated and zoned Specific Plan. The natural drainage of Pershing Creek is also located south of the MSJC Site, within the approved RSG SP.

JUSTIFICATION:

Section 17.116.030 of the Banning Municipal Code provides that the City Council shall make a written recommendation on a proposed amendment to the Zoning Ordinance (Title 17) whether to approve, approve in modified form, or disapprove based upon their findings. An analysis of the required findings for Zone Change, Case ZC 22-3502, is provided for City Council consideration as follows:

Finding A: The proposed Amendment is consistent with the goals and policies of the General Plan.

Findings of Fact: The Zone Change would implement the related General Plan amendment and is therefore consistent with the policies of the General Plan for the reasons discussed above.

Finding B: The proposed Amendment is internally consistent with the Zoning Ordinance.

Findings of Fact: The proposed Zone Change will transfer residential density from one project site to the subject site to accommodate a commercial/industrial development project. The proposed amendment will provide consistency with state housing law in that it ensures no net loss in the residential development capacity identified in the City’s General Plan, and the proposed density range is from 24 to 30 dwelling units per acre, consistent with the Zoning Ordinance and development standards for the Very High Density Residential zone.
298
Finding C : That the City Council has independently reviewed and considered the requirements of the California Environmental Quality Act.

Findings of Fact: A Programmatic Analysis for the MSJC entitlements is contained in Chapter 5 of the Sunset Crossroads Specific Plan FEIR, in accordance with CEQA. The City Council has conducted an independent review of the FEIR and the City Council approves the project and programmatic EIR that has been prepared for the Project.

Environmental Determination
On March 10, 2026, the City Council adopted Resolution No. 2026-28 certifying the Environmental Impact Report for the Sunset Crossroads Specific Plan Area, including the adjacent Mt. San Jacinto College GPA and ZC project area. A copy of Resolution No. 2026-28 is attached for reference. The Draft EIR and Appendices, Final EIR, Appendices, Findings and Mitigation Monitoring and Reporting Program can be found here:
https://www.banningca.gov/762/Sunset-Crossroads-Specific-Plan On April 1, 2026, a Notice of Determination, for the Sunset Crossroads and MSJC project sites, was filed with the Riverside County Assessor-County Clerk-Recorder's office where the Applicant paid the $4,227.50 California Department of Fish and Wildlife filing fee and the $50.00 County Clerk Handling Fee. A supplemental Notice of Determination will be filed with the Riverside County Assessor-County Clerk-Recorder's office after the adoption and second readings of Ordinance Nos. 1618, 1620, and 1619.

FISCAL IMPACT:

A motion to deny or approve the proposed project would not result in a direct impact on the City's General Fund. The project will transfer development rights of residential units to the Mt. San Jacinto College, but the City does not have a project application filed for the development of those units. State university and community college owned properties are not assessed property taxes, and in turn housing on MSJC property will not generate property tax for the city. However, the indirect fiscal benefit of siting housing adjacent to an educational institution could make post-secondary education more accessible to residents of the San Gorgonio Pass region.

ATTACHMENTS:

1. 6.5a ZC CC Ordinance No. 1619.pdf

2. 6.5b GPA22-2502 ZC22-3502 Vicinity Map MSJC.pdf

3. 6.5c GPA22-2502 ZC22-3502 Existing Zoning MSJC.pdf

4. 6.5d GPA22-2502 ZC25-3502 Aerial Map MSJC.pdf

5. 6.5e CC Resolution No. 2026-28.pdf

6. 6.5f Sunset Crossroads MSJC NOD 3-25-26_County Filed 4-1-26.pdf 299
Ordinance No. 1619
April 14, 2026

Page 1 ends

ORDINANCE NO. 1619

AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA,

APPROVING AN AMENDMENT TO THE CITY OF BANNING OFFICIAL
ZONING MAP AND APPROVING ZONE CHANGE 22-3502 REZONING

CERTAIN TERRITORY IN THE CITY LOCATED SOUTH OF WEST
WESTWARD AVENUE AND EAST OF SUNSET AVENUE (APNS 537-
140-001- THROUGH -004, -006 THROUGH -012, 537-150-001, -003 AND -004, -008).

WHEREAS, the City of Banning, California, (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, an application for Zone Change (Case No. ZC 22-3502), (the "Project"), a proposal to amend the Zoning District classification from Public Facilities – School (PF-S) to Very High Density Residential (VHDR), for 41 acres of a 49.2-acre site located near the southeast corner of Westward and Sunset Avenues (APNs: 537-140- 001 through -004, 537-140-006 through -012, 537-150-001, 537-150-003 and -004, 537- 150-008), has been duly filed; and
WHEREAS, pursuant to Section 17.04.060.C. of the BMC, the Planning Commission has the authority to review and make recommendations to the City Council concerning Case No. ZC 22-3502; and
WHEREAS, pursuant to Section 17.116.040 of the Banning Municipal Code, the City Council has the authority to interpret the Zoning Ordinance; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and State CEQA Guidelines Sections 15064(f)(2) and 15070, the proposal constitutes a project as defined by CEQA and Community Development Department staff has determined that the Project is likely to have a significant effect on the environment; and WHEREAS, based upon the complexity and magnitude of the proposed project, staff determined that an Environmental Impact Report should be prepared for the project, and an Initial Study was not necessary. A Notice of Preparation (NOP) was therefore completed and distributed to the State Clearinghouse, as well as agencies and organizations that may provide comment on the Project’s potential impact(s) on the environment. The State of California Clearinghouse issued a project number for the project, SCH No. 2021020011. The 30-day public comment period extended from February 1 to March 3, 2021. An electronic copy of the NOP was made available on the City’s website. Comments received during the public review of the NOP were utilized to assist in identifying potential environmental impacts; and WHEREAS, due to COVID-19 restrictions, the Public Scoping meeting was held virtually on February 18, 2021 via Zoom. Notice of the Public Scoping Meeting was published in the Banning Record Gazette on February 5, 2021 providing the appropriate 300
Ordinance No. 1619
April 14, 2026

Page 2 ends

instructions for public participation in the Scoping Meeting. The Public Scoping Meeting included a presentation providing a summary of the Project, required actions, and the environmental review process. No public comments were received during the Scoping Meeting; and
WHEREAS, the Sunset Crossroads development project includes a General Plan Amendment and implementation of a Specific Plan for the Project; therefore, Native American consultation pursuant to both SB 18 and Assembly Bill 52 (AB 52) was conducted. On November 30, 2020 the City reached out to 31 Native American contacts to formally invite participation in tribal consultation pursuant to AB 52 and SB 18 required for the Project. The City received responses from the Morongo Band of Mission Indians (MBMI), the Soboba Band of Luiseño Indians (SBLI), and the Agua Caliente Band of Cahuilla Indians (ACBCI) requesting formal consultation with the City regarding the Development Project; and
WHEREAS, the City provided a separate consultation invitation to these same 31 Native American contacts on August 25, 2022, specifically identifying the entitlement actions related to the MSJC Site. In this 2022 consultation, the City stated the MSJC site entitlements proposed only changes to the City’s land use and zoning maps, and that no construction or physical alterations were proposed or would be authorized under the MSJC entitlements. The MBMI acknowledged the City’s actions and noted the MSJC Site is located within the ancestral territory and traditional use area of the Cahuilla and Serrano people of the MBMI and that any future construction or alterations to the MSJC Site would be of interest to the MBMI. The San Manuel Band of Mission Indians (SMBMI) stated the MSJC Site is outside of Serrano ancestral territory and, as such, SMBMI would not request consulting party status with the City; and
WHEREAS, a Notice of Availability (NOA) of the Draft EIR was provided to, responsible and trustee agencies, as well as the organizations, and persons who have previously requested notification. The NOA was distributed via priority mail with confirmed receipt. The NOA identified the State mandated 45-day public review period extending from December 15, 2023 to January 30, 2024 and included a weblink to the City’s public noticing page providing further access to the Draft EIR, project material, and related technical appendices. Emails advising of the availability of the Draft EIR were sent by the City on December 15, 2023 to those parties requesting electronic notification. These emails provided the same weblink leading to the Draft EIR; and WHEREAS, during the public review and comment period, the City received 54 letters from Resource Agencies, Trustee Agencies, and other interested parties. The City prepared a response to each comment letter received and prepared a Final Environmental Impact Report for the Project; and
WHEREAS, in accordance with the disclosure requirements of CEQA Guidelines Section 15072(g)(5), the Project site is not listed as a hazardous property as designated under Section 65962.5 of the Government Code; and
301
Ordinance No. 1619
April 14, 2026

Page 3 ends

WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on August 15, 2025 the City provided public notice by advertisement in the Record Gazette newspaper of a public hearing concerning the Project, and Notice of Intent (NOI) to recommend that the City Council adopt a Final Environmental Impact Report (FEIR) for the Project. The public hearing notice/NOI was also mailed to the owners of the subject properties within 300-feet of the Project boundary; and WHEREAS, in accordance with Government Code Sections 65353 and 65855, on September 10, 2025 the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Project and at which time the Planning Commission considered the entirety of the Project and is recommending that the City Council approve the Project.

WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on October 10, 2025 the City provided notice by advertisement in the Record Gazette newspaper of a public hearing before the Planning Commission to consider the Project, and related environmental documentation. The notice was also mailed to the owners of properties within 300-feet of the Project boundary; and WHEREAS, in accordance with Government Code Sections 65353 and 65855, on November 5, 2025 the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Project and at which time the Planning Commission considered the entirety of the Project; and WHEREAS, at the November 5, 2025, regular meeting, the Planning Commission voted 5-0 instructing staff to prepare a resolution making findings supporting a denial recommendation to the City Council of GPA 22-2502 and ZC 22-3502; and WHEREAS, at the November 17, 2025, special meeting, the Planning Commission voted 3-2 adopting Resolution No. 2025-16 recommending the City Council deny General Plan Amendment 22-2502 and Zone Change 22-3502 with findings that are included in this Resolution; and
WHEREAS, a public notice for the January 28, 2026, City Council special meeting was published in accordance with State law and the Banning Municipal Code, and written notice was mailed to property owners within 300 feet of the project site; and WHEREAS, at the January 28, 2026 special meeting, the City Council of the City of Banning (the “City Council”) held a public hearing, commenced deliberation and voted five in favor and none opposed to continue deliberation of the matter at a special meeting on February 26, 2026; and
WHEREAS, at the February 26, 2026, special meeting, the City Council voted unanimously 5-0 to continue the item to a regular meeting date of March 10, 2026; and WHEREAS, at the March 10, 2026, regular meeting, the item was not heard by the 302
Ordinance No. 1619
April 14, 2026

Page 4 ends

City Council in the time allotted for the meeting, and therefore, the item was continued to the regular meeting date of March 24, 2026; and
WHEREAS, the City Council has reviewed the staff report, Planning Commission recommendation, environmental documentation, proposed general plan amendment and zone change, supporting materials, and public testimony and finds the project in conformance with the requirements of the Banning Municipal Code, the City’s General Plan, and the Zoning Ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BANNING DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully set forth herein.

SECTION 2. OFFICIAL ZONING MAP AMENDMENTS.

The City Council hereby approves ZC 22-2502, zoning land lying within the jurisdiction of the City and directs the Community Development Director to amend the City of Banning Official Zoning Map, as depicted in Exhibit A to this Ordinance and incorporated by this reference, to amend the zoning classifications of the Real Property legally described on Exhibit B-1 and Exhibit B-2 to this Ordinance, each incorporated by this reference, from Public Facilities – School (PF-S) to Very High Density Residential (VHDR), for the portion of the Property legally described on Exhibit B-1, comprising APNS 537-110-003 through -005, 537-110-011 through -014 is within the jurisdiction of the City.

SECTION 3. FINDINGS FOR APPROVAL OF ZC 22-2502.

BMC Section 17.116.040 provides that upon receipt of the Planning Commission's recommendation, the City Council may approve, approve with modifications, or disapprove the proposed amendment based upon its findings. Amendments to the Zoning Ordinance shall be adopted by ordinance. Further, BMC Section 17.116.050 provides that an amendment to the Zoning Ordinance may be adopted only if the following findings are made. The City Council hereby finds and determines as follows:

A. FINDING No. 1: The proposed Amendment is consistent with the goals and policies of the General Plan.

Findings of Fact: The Zone Change would implement the related General Plan amendment and is therefore consistent with the policies of the General Plan for the reasons discussed above.

B. FINDING No. 2: The proposed Amendment is internally consistent with the Zoning Ordinance.

Page 5 ends

identified in the City’s General Plan, and the proposed density range is from 24 to 30 dwelling units per acre, consistent with the Zoning Ordinance and development standards for the Very High Density Residential zone.

C. FINDING No. 3: That the City Council has independently reviewed and considered the requirements of the California Environmental Quality Act.

Findings of Fact: A Programmatic Analysis for the MSJC entitlements is contained in Chapter 5 of the Sunset Crossroads Specific Plan FEIR, in accordance with the California Environmental Quality Act (CEQA). The City Council has conducted an independent review, and the City Council approves the project and programmatic EIR that has been prepared for the Project.

SECTION 5. SEVERABILITY.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. 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.
304
Ordinance No. 1619
April 14, 2026

Page 6 ends

SECTION 7. EFFECTIVE DATE.

This Ordinance shall take affect thirty (30) days after its second reading by City Council.

The City Clerk is directed to certify to the enactment of this Ordinance and to cause this Ordinance to be published and/or posted as required by law.

INTRODUCED AND READ for the first time and ordered posted at a special meeting of the City Council of the City of Banning, California, held on the 24th day of March 2026, by the following roll call vote:

AYES: Barrington, Miller, Royce, Wallace
NOES: Flynn
ABSENT:

ABSTAIN:

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Banning, California, held on the 14th day of April 2026, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney, LLP
305
Ordinance No. 1619
April 14, 2026

Page 7 ends

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that Ordinance No. 1619 was duly introduced at a special meeting of the City Council of the City of Banning, held on the 24th day of March, 2026, and was duly adopted at a regular meeting of said City Council on the 14th day of April, 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
306
Ordinance No. 1619
April 14, 2026

Page 8 ends

EXHIBIT A
General Plan/Zoning Map
307
S Sunset A ve ve
W Westward Ave
eath er Way
W Westward Ave
W Linc oln St
W
Mohawk Rd
vajo D r
Rainbow Ln
Summer Set Cir
Autumn
Way
W Jefferson St
Na
Administration S Sunset Ave
Bob Cat Rd
Bob Cat Rd
W Westward Ave
W Lincoln St
S 22nd St
S Woodland Ave
Adams St
Dysart Pa
S 22nd St
Bob Cat Rd
W Victory A
PROJECT NUMBER:GPA 22-2502, ZC 22-3502

PROPOSED GENERAL PLAN/ZONING MAP
APN: 537-140-004, 537-140-006 THROUGH -012, 537-150-001, 537-150-003 AND -004, 537-150-008
County of San Bernardino, Maxar, Esri Community Maps Contributors, Loma Linda University, UC Riverside, County of Riverside, County of San Bernardino, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Esri, NASA, NGA, USGS, FEMA

PROJECT

LOCATION
: 750 1,000 PROPOSED ZONE: Very High Density Residential (VHDR) Medium Density Residential
0 250 500
Feet
Medium Density Residential
Very High Density Residential
Very Low Density
Residential
Very Low Density
Residential
High Density Residential
Very Low Density
Residential Open Space - Parks
Open Space
-Parks
Density
Very High Low Density
. Residential
Residential
General
Commercial
Low Density
Residential
General
Commercial
Ranch Agriculture (10 ac. min)
Rural Residential
Public Facilities - School

EXHIBIT A
308
b Cat Rd
S
Sunset Ave
t A
ve
W Westward Ave W Westward Ave
W Lincoln St
Weather Way
Mohawk Rd
Navajo Dr
Rainbow Ln
Summer Set Cir
Autumn
Way
W Jefferson St
Administration
S
Sunset Ave
Bob Cat Rd
Bob Cat Rd
Union Pacific RR
W Westward Ave
W Lincoln St
S 22nd St
S
Woodland Ave
Adams S
S 22nd St
Bob Cat Rd
W Vic
Dys

JEFFERSON
ST

NAVAJO DR
22ND ST

SUNSET AVE

STORMIE
WAY

DUSK CT
CLOUDY
CIR

RAINBOW LN
AUTUMN
WAY

WEATHER WAY
BREEZY
CIR

SUNSHINE ST

MONROE ST

JEFFERSON ST
HAZY
WAY
SPRING
PL

SOBOBA DR
AMBER
SKY ST
23RD ST

VICTORY
AVE

WESTWARD AVE

LINCOLN ST

SUNSET AVE

MOHAWK RD

SUMMER SET CIR

BOBCAT RD

WOODLAND AVE

NONPAREIL AVE

EXCELSIOR AVE

BOBCAT RD
537150003
537140007
537140010
537150001
537140006
537140008
537140004 537140009
537150008
537140012
County of San Bernardino, Maxar, Esri Community Maps Contributors, Loma Linda University, UC Riverside, County of Riverside, County of San Bernardino, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS

PROJECT

LOCATION
PROJECT NUMBER:GPA 22-2502, ZC 22-3502

VICINITY MAP
APN: 537-140-004, 537-140-006 THROUGH -012, 537-150-001, 537-150-003 AND -004, 537-150-008 : ZONE: Public Facilities - School Unincorporated
Riverside County
0 250 500 750 1,000
Feet
309
Rd
S
Sunset Ave
A
ve
W Westward Ave W Westward Ave
W Lincoln St
Weather Way
Mohawk Rd
Navajo Dr
Rainbow Ln
Summer Set Cir
Autumn
Way
W Jefferson St
Administration
S
Sunset Ave
Bob Cat Rd
Bob Cat Rd
W Westward Ave
W Lincoln St
S 22nd St
S
Woodland Ave
Adams St
S 22nd St
Bob Cat Rd
W Victory Av
Dysart Park
County of San Bernardino, Maxar, Esri Community Maps Contributors, Loma Linda University, UC Riverside, County of Riverside, County of San Bernardino, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS

PROJECT

LOCATION
PROJECT NUMBER:GPA 22-2502, ZC 22-3502

GENERAL PLAN/ZONING MAP
APN: 537-140-004, 537-140-006 THROUGH -012, 537-150-001, 537-150-003 AND -004, 537-150-008
:0 250 500 750 1,000 ZONE: Public Facilities - School
Feet
Medium Density Residential
Medium Density Residential
Public Facilities - School
Very Low Density
Residential
Very Low Density
Residential
Very Low Density
Residential
High Density Residential
Open Space - Parks
Open Space -
Parks
Very High
Density
Residential
General
Commercial
Low Density
Residential
Low Density
Residential
General
Commercial
Ranch Agriculture (10 ac. min)
Rural Residential
310
10 ve
Bob Cat Rd
10 W Ramsey St
98 10
S
Sunset Ave
S
Sunset A
ve
W Westward Ave W Westward Ave
W Lincoln St
Weather Way
Mohawk Rd
Rainbow Ln
Summer Set Cir
Aut umn
Way
W Jefferson St
99 98
Administration
S
Sunset Ave
Arco
Montgomery Creek
Union Pacific RR
10 W Westward Ave
W Lincoln St
S 22nd St
S
Woodland Ave
ampm
S 22nd St
Hal e Ave
W Victory Ave
Dysart Park
§¨¦10

UNION PACIFIC RAILROAD

UNION PACIFIC RAILROAD
§¨¦10

UNION PACIFIC RAILROAD

VICTORY AVE

SUNSET AVE

WESTWARD AVE

CHIPMUNK TRL

SUNSET AVE

JEFFERSON ST

WEATHER WAY

NAVAJO DR
22ND ST

ADAMS AVE

DAYBREAK
WAY

STORMIE
WAY

AUTUMN WAY

CHEROKEE
CIR

CHEYENNE
CIR
SIOUX
CIR
CLOUDY
CIR

WHIRLWIND
CIR

RAINBOW LN

BREEZY CIR

SUNSHINE ST

MONROE ST

JEFFERSON
ST

CLEAR CT
HAZY
WAY

SPRING PL

RAMSEY ST

SOBOBA DR
AMBER
SKY ST
23RD ST

LINCOLN ST

HALE AVE

MOHAWK RD

SUNSET AVE

SUMMER SET CIR

WOODLAND AVE

NONPAREIL AVE

EXCELSIOR AVE
County of San Bernardino, Maxar, Esri Community Maps Contributors, Loma Linda University, UC Riverside, County of Riverside, County of San Bernardino, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS
PROJECT NUMBER:GPA 22-2502, ZC 22-3502

AERIAL BASE MAP
APN: 537-140-004, 537-140-006 THROUGH -012, 537-150-001, 537-150-003 AND -004, 537-150-008 : ZONE: Public Facilities - School 0 250 500 750 1,000
Feet
311
RESOLUTION 2026-28

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

CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT (EIR SCH NO. 2021020011) INCLUDING RELATED FINDINGS, STATEMENT

OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING AND REPORTING PROGRAM (" MMRP") FOR THE NP BANNING

INDUSTRIAL LLC INDUSTRIAL AND COMMERCIAL DEVELOPMENT
PROJECT INVOLVING, GENERAL PLAN AMENDMENT NO. 20-2501,
ZONE CHANGE 20-3502, SPECIFIC PLAN NO. 20-2002, TENTATIVE PARCEL MAP NO. 38118, AND A DEVELOPMENT AGREEMENT, ON A 533.8 ACRE PROJECT SITE LOCATED SOUTH OF 1-10 AND THE UNION

PACIFIC RAILROAD AND WEST OF SUNSET AVENUE AND INCLUDING

A PROGRAMMATIC ANALYSIS OF GENERAL PLAN AMENDMENT (GPA) 22-2502, AND ZONE CHANGE ( ZC) 22-3502 IN CONNECTION WITH A

TRANSFER OF RESIDENTIAL DENSITY ON PROPERTY LOCATED AT
THE SOUTHEAST CORNER OF WESTWARD AND SUNSET AVENUES.

WHEREAS, NP Banning Industrial, LLC has filed an application for General Plan Amendment ( GPA) 20-2501, Zone Change ( ZC) 20-3502, Specific Plan 20-2002, Tentative Parcel Map ( TPM) 38118, and a Development Agreement with the City of Banning ( collectively, the "Project"), for the development of industrial and commercial uses on approximately 533.8 acres of real property located in the City of Banning and the County of Riverside south of 1-10 and the Union Pacific Railroad, and west of Sunset Avenue with 253.7 acres of this property located in unincorporated Riverside County in the City's southerly sphere of influence. The property is comprised of assessor's parcel numbers APNS): 537-110-003 through - 005, 537-110-011 through - 014, 537-120-013, 537-120- 025, and 537-120-028 through -036 and more specifically described on Exhibit A attached hereto and incorporated herein by this reference (" Project site"); and WHEREAS, concurrently with consideration of the Project, the City is considering General Plan Amendment (GPA) 22-2502, and Zone Change (ZC) 22-3502, to amend the existing land use designation on twelve parcels of land from Public Facilities - School PF-S) to Very High Density Residential ( VHDR), and amending the Zoning District classification from Public Facilities - School ( PF-S) to Very High Density Residential VHDR), for 40.9 acres of a 49.2-acre site located at the southeast corner of Westward and Sunset Avenues (APNs: 537-140-004, 537-140-006 through -012, 537-150-001, 537- 150-003 and -004, 537-150-008, and 537-140-001 through - 003 ( collectively the "MSJC Site") to ensure that approval of the Project will not result in a net loss of residential housing capacity; and
WHEREAS, pursuant to Sections 17.60.030, 17.64.060, 17.96.050, 17.116.040 and 16.14.050.A of the Banning Municipal Code, the City Council has the authority to review and approve or conditionally approve the subject applications GPA 20-2501, ZC 20-3502, SP 20-2002, TPM 38118, a DA between NP Banning Industrial, LLC and EA20- 1506 (SCH# 2021020011 ); and
Resolution 2026- 28
March 10, 2026

Page 1 of 8 ends

312
WHEREAS, pursuant to the California Environmental Quality Act ( CEQA) and State CEQA Guidelines Sections 15064(f)(1) and 15378, the proposal constitutes a project as defined by CEQA and Community Development Department staff has determined that the Project is likely to have a significant effect on the environment; and WHEREAS, based upon the complexity and magnitude of the proposed project, staff determined that an Environmental Impact Report should be prepared for the Project and an Initial Study was not necessary. A Notice of Preparation ( NOP) was subsequently completed and distributed to the State Clearinghouse, as well as agencies and organizations that may provide comments on the Project's potential impact(s) on the environment; and
WHEREAS, the State of California Clearinghouse issued a project number (SCH No. 2021020011) for an EIR evaluating the Project and the concurrent entitlement of the MSJC Site to accommodate State law required transfer of residential density from the Project site. The NOP 30-day public comment period extended from February 1 to March 3, 2021. An electronic copy of the NOP was made available on the City's website.

Page 2 of 8 ends

313
MSJC Site is outside of Serrano ancestral territory and, as such, SMBMI would not request consulting party status with the City; and
WHEREAS, a Notice of Availability ( NOA) of the Draft EIR was provided to responsible and trustee agencies, as well as the organizations, and persons who have previously requested notification. The NOA was distributed via priority mail with confirmed receipt. The NOA identified the State mandated 45-day public review period extending from December 15, 2023 to January 30, 2024, and included a weblink to the City's public noticing page providing further access to the Draft EIR, project material, and related technical appendices. Emails advising of the availability of the Draft EIR were sent by the City on December 15, 2023, to those parties requesting electronic notification. These emails provided the same weblink leading to the Draft EIR; and WHEREAS, during the public review and comment period, the City received 54 letters from Resource Agencies, Trustee Agencies, and other interested parties. The City prepared a response to each comment letter received and prepared a Final Environmental Impact Report for the Project ( the DEIR and Final EIR, collectively, FEIR"); and
WHEREAS, in accordance with the disclosure requirements of CEQA Guidelines Section 15072(g)(5), the Project site is not listed as a hazardous property as designated under Section 65962.5 of the Government Code; and
WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on August 15, 2025, the City provided public notice by advertisement in the Record Gazette newspaper of a public hearing at a September 10, 2025 Planning Commission special meeting convened to consider the Project and to recommend that the City Council adopt a Final Environmental Impact Report, inclusive of the Draft EIR FEIR") for the Project. The public hearing notice was also mailed to the owners of the subject properties within 300-feet of the Project boundary; and WHEREAS, in accordance with Government Code Sections 65353 and 65855, at the September 10, 2025 special meeting the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Project and at which time the Planning Commission considered the entirety of the Project. At the conclusion of the hearing, the Planning Commission voted 2 in support and 3 opposed to adopt the draft resolution recommending approval, resulting in a failed motion; and
WHEREAS, in accordance with Government Code Sections 65353, 65854, 65090, and 65091, on October 10, 2025, the City provided notice by advertisement in the Record Gazette newspaper of continuation of the September 10, 2025 Planning Commission special meeting to the regular meeting of the Planning Commission on November 5, 2025 to continue deliberations and make recommendations to the City Council regarding the Project entitlements. including the FEIR. The public hearing notice was also mailed to the owners of the subject properties within 300-feet of the Project boundary; and WHEREAS, the City supplemented the FEIR with a Sunset Crossroads ProjectSupplemental CEQA Memorandum prepared by Urban Crossroads, Inc. dated October Resolution 2026- 28
March 10, 2026

Page 3 of 8 ends

314
23, 2025 ("Initial Supplemental CEQA Memorandum") to address revisions to the Project described therein; and
WHEREAS, in accordance with Government Code Sections 65353 and 65855, at the November 5, 2025 regular meeting, the Planning Commission considered any new information received on the Project and voted 3 in support and 2 opposed to not re-open the public hearing, in accordance with the City of Banning's Manual of Procedural Guidelines, Section 7.3(e), before continuing its deliberation and considering the entirety of the record for the Project; and
WHEREAS, at the November 5, 2025 regular meeting, the Planning Commission by a vote of 3 in support and 2 opposed as to the Project and 5 in support and none opposed as to the MSJC Site density transfer, instructed staff to prepare resolutions making findings supporting a denial recommendation to the City Council of the projects and rejection of the certification of the FEIR and continued the matters to November 17, 2025;and
WHEREAS, at a November 17, 2025 special meeting, the Planning Commission voted 3 in support and 2 opposed to adopt Resolution No. 2025-15 recommending the City Council deny Project applications and rejecting the certification of the FEIR, and voted 5 in support and none opposed to adopt Resolution No. 2025-16 recommending the City Council deny applications with respect to the MSJC Site entitlements, each including related findings, and
WHEREAS, a public notice for the January 28, 2026, City Council special meeting was published in accordance with State law and the Banning Municipal Code, and written notice was mailed to property owners within 300 feet of the Project site; and WHEREAS, at the January 28, 2026, special meeting, the City Council held a public hearing, commenced deliberation and voted 5-0 to continue deliberation of the matter at a special meeting on February 26, 2026; and
WHEREAS, at the February 26, 2026, special meeting, the City Council voted unanimously 5-0 to continue the item to a regular meeting date of March 10, 2026; and WHEREAS, the City further supplemented the FEIR with a Sunset Crossroads Project-Modified Project V2.1 Trip Generation Assessment prepared by Urban Crossroads, Inc. dated February 20, 2026 (collectively with the Initial Supplemental CEQA Memorandum, the "Supplemental CEQA Memoranda") to address further reductions in Project industrial square footage and related traffic impacts; and WHEREAS, all the requirements of CEQA and the State CEQA Guidelines have been satisfied by the City in the FEIR as supplemented by the Supplemental CEQA Memoranda, which are sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the modifications the Project identified in the Supplemental CEQA Memoranda and the Development Agreement do not increase the environmental impacts of the Project and do not meet any of the criteria set forth in Section 15088.5 of the State CEQA Guidelines requiring recirculation and therefore the FEIR does not need to be recirculated prior to its certification; and
Resolution 2026- 28
March 10, 2026

Page 4 of 8 ends

315
WHEREAS, the Project reduces environmental impacts by incorporating the reduction in industrial uses generally as contemplated by Alternative 4, the Reduced Industrial Alternative, which was identified as the Environmentally Superior Alternative in the FEIR, including by (1) eliminating the extension of Lincoln Street over the Smith Creek drainage, buildout of Highland Home Road north of Sun Lakes Boulevard and the related fire road access and ( 2) eliminating Industrial buildings in Planning Areas 2, 3, 7, 8 and 9 and all cold-storage uses, thereby reducing overall Industrial square footage to a maximum of 4,749,000 square feet, which is an even greater reduction in square footage and elimination of more buildings than considered in Alternative 4. The Project also modifies and reduces impacts to the Commercial land uses by removing construction of the truck fueling operation, modifying the mix of commercial uses, and reducing the maximum commercial square footage to approximately 223,753 square feet, including up to 200,000 square feet discount club use, plus 125 hotel rooms; and WHEREAS, the City, as "Lead Agency" under the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, concurrently with adoption of this Resolution, certified the FEIR as supplemented by the Supplemental CEQA Memoranda and adopted Findings and Statement of Overriding Consideration and a Mitigation Monitoring and Reporting Program and determined that the FEIR as so supplemented sufficiently analyzes both the feasible Mitigation Measures necessary to avoid or substantially lessen the Project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects while feasibly attaining most of the basic objectives of the Project in accordance with CEQA and the State CEQA Guidelines, and has determined that the General Plan Amendment and Specific Plan have been fully analyzed per CEQA under the FEIR as so supplemented and all other legal prerequisites to the adoption of this Resolution have occurred; and
WHEREAS, all of the findings and conclusions made by the City Council pursuant to this Resolution and in the accompanying staff report, are based on the facts, analysis and conclusions in the FEIR as supplemented by the Supplemental CEQA Memoranda, all of which are incorporated herein by this reference, and the oral and written evidence presented to it as a whole, and not based solely on the information provided in this Resolution; and
WHEREAS, environmental impacts which the City finds are less than significant and do not require mitigation are described in the FEIR and Supplemental CEQA Memoranda; and
WHEREAS, environmental impacts that are potentially significant but which the City finds can be mitigated to a level of less than significant through the imposition of feasible Mitigation Measures are identified in the FEIR and the Supplemental CEQA Memoranda; and
WHEREAS, certain environmental impacts that are potentially significant and the City finds cannot be fully mitigated to a level of less than significant despite the imposition of all feasible Mitigation Measures are identified in the FEIR and the Supplemental CEQA Memoranda; and
WHEREAS, alternatives to the Project that might eliminate or reduce significant environmental impacts are described in the FEIR; and
Resolution 2026- 28
March 10, 2026

Page 5 of 8 ends

316
WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the FEIR, the Findings and Statement of Overriding Considerations, the Mitigation Monitoring and Reporting Program, the Supplemental CEQA Memoranda, and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the FEIR, the Supplemental CEQA Memoranda, the Findings and Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program reflect the independent judgment of the City Council and are deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments made in the public hearings conducted by the City or any additional information submitted to the City following publication of the FEIR have produced substantial new information requiring recirculation or additional environmental review under State CEQA Guidelines section 15088.5 and do not change the findings and conclusions in the Final EIR, the Supplemental CEQA Memoranda, the Findings or the Statement of Overriding Considerations; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

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

SECTION 1. RECITALS:

The preceding Recitals are true and correct and made a part of this Resolution.

SECTION 2. ENVIRONMENTAL DETERMINATION:

Page 6 of 8 ends

317
that the benefits outweigh the unavoidable adverse environmental effects and that the adverse environmental effects may be considered acceptable as further set forth in the Statement of Overriding Considerations, ( 3) except as set forth in the FEIR, Supplemental CEQA Memoranda and the Findings and Statement of Overriding Considerations, with the incorporation of mitigation measures, there is no substantial evidence that the Sunset Crossroads Specific Plan and MSJC density transfer entitlements will have a significant effect on the environment; and (3) the FEIR reflects the independent judgement and analysis of the City Council.

SECTION 3. MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP):

SECTION 4. CERTIFICATION
The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book or original resolutions.

PASSED, APPROVED AND ADOPTED this 10th day of March, 2026.

ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning

APPROVED AS TO FORM
Resolution 2026- 28
March 10, 2026

Page 7 of 8 ends

Richa;/]; f!t:

City o Banning
318
CERTIFICATION:

AYES: Barrington, Miller, Royce, Wallace
NOES: Flynn
ABSENT: None
ABSTAIN: None
Resolution 2026- 28
March 10, 2026

Page 8 of 8 ends

i~(¼ rJM00
Sandra Calderon, Deputy City Clerk
City of Banning
319
Receipt: 26-96547
Product
FISH
F&G Environmental Impact Report
F&G Clerk Handling Fee
Total
Name
Peter Aldana
Riverside County
Assessor-County Clerk-Recorder
2724 Gateway Drive
Riverside, CA 92507
(951) 486-7000
www.rivcoacr.org

CLERK FISH AND GAME FILINGS
#Pages
Document#
Filing Type
State Fee Prev Charged
No Charge Clerk Fee
Tender (Tyler Payments Charge)
Tyler Payments Item Id SST3719S493
Tyler Payments Confirmation Number 26986418
Tyler Payments Id
4/1/26, 12:59 PM PST
Gateway Clerk
1e20c15c-2128-46bf-b528-11 0c0e56768b
Extended
$4,277.50
2 E-202600269
1 false
false
$4,227.50
$50.00
$4,277.50
$4,277.50
320
State of California - Department of Fish and Wildlife
2026 ENVIRONMENTAL DOCUMENT FILING FEE CASH RECEIPT
DFW 753.5a (REV. 01/01/26) Previously DFG 753.5a
RECEIPT NUMBER:
26-96547
STATE CLEARINGHOUSE NUMBER (If applicable)
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY. 20210220011

LEAD AGENCY DATE

C ITY OF BANNING
LEADAGEt-.CY EMAIL
[email protected] 04/01/2026

COUNTY /STATE AGENCY OF FILING DOCUMENT NUMBER
RIVERSIDE E-202600269

PROJECT TITLE
(1) SUNSET CROSSROADS PROJECT, (2) MT. SAN JACINTO COMMUNITY COLLEGE DISTRICT

DENSITY TRANSFER

PROJECT APPLICANT NAME

NP BANNING INDUSTRIAL, LLC

PROJECT APPLICANT EMAIL
[email protected]

CITY STATE
ST. LOUIS MO

PHONE NUMBER
(314) 517-6873

GENCY OF FILING PRINTED NAME AND TITLE
Deputy Cassandra Sandoval
$50.00
$4,277.50
OFW 7S3.5a (Rev. 01012026)
321
Lead Agency: CITY OF BANNING
ATTN: Matthew Bassi
Address: 99 E. Ramsey St.

BANNING, CA 92220
Project Title

F I L E D / P O S T E D
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
E-202600269 04/01/2026 12:59 PM Fee: $ 4277.50

Page 1 of 2 ends

Notes
Available in Alternate Formats 322
Notice of Determination Appendix D
To: From
Office ·of Planning and Research Public Agency: ___ __,::C::;.:.it::J.y--"o::;.:.f-=B=a'-'---'n"--'n'-'- in=g._ _ _ _ _ _ U.S. Mail: Street Address: Address: _ _ ___ __,9:a..:9a.=E__,_R=a"-'-m'--"s"'-'e'-'y---'S=t'------ P.O. Box 3044 1400 Tenth St., Rm 113 Banning CA 92220
Sacramento, CA 92518-3044 Sacramento, CA 95814 Contact: Mark Staples/Matthew Bassi Phone: (951 ) 922-3122
Riverside County Clerk (Address) Lead Agency (if different from above):

1. The project ~ will □ will not have a significant effect on the environment.

2. ~ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. □ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.

3. Mitigation measures ~ were □ were not made a condition of the approval of the project.

4. A statement of Overriding Considerations ~ was □ was not adopted for this project.

5. Findings IZI were □ were not made pursuant to the provisions of CEQA.

This is to certify that the final EIR with comments and responses and record of the project approval, or the Negative Declaration, is available to the General Public at:

Reference Section 21000-21174, Public Resources Code.
4922-4173-7883.3
390086. 00004/4-I -26/jcc/bsb
323

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Kristine Gutierrez, Community Development Operations Manager Vince Avila, Chief of Police
MEETING DATE: April 14, 2026
SUBJECT: Conduct Second Reading and Adopt Ordinance 1622, Amending Chapter

9.09 of Title 9 (Public Peace, Morals, and Welfare) of the Banning Municipal Code to Provide Updated Regulations Governing Camping and Related Activities Within the City of Banning.

RECOMMENDATION:

Conduct Second Reading and Adopt Ordinance 1622, Amending Chapter 9.09 of Title 9 (Public Peace, Morals, and Welfare) of the Banning Municipal Code to Provide Updated Regulations Governing Camping and Related Activities Within the City of Banning.

BACKGROUND:

On March 24,2026 Staff Introduced and Counsel approved to waive the first reading, and direct the City Clerk to read the ordinance by title only, and Introduce Ordinance No. 1622, entitled: Making a Determination of Exemption from the California Environmental Quality Act and Conducting the First Reading and Introduction of Ordinance 1622, Amending Chapter 9.09 of Title 9 (Public Peace, Morals, and Welfare) of the Banning Municipal Code to Provide Updated Regulations Governing Camping and Related Activities Within the City of Banning.

JUSTIFICATION:

City Council established goals include reducing homelessness and improving quality of life for all residents and visitors to the city. With changes to available resources within the city, and clarification of local governments authority to ban sleeping or camping in public places by the United States Supreme Court in Grants Pass v. Johnson, the City Council has requested that necessary amendments to the existing ordinance governing camping, sleeping, and related activities be considered. Ordinance 1622 provides the necessary language to enforce lying, sleeping, and camping throughout the City of Banning.

FISCAL IMPACT:

Enforcement costs are budgeted.

ATTACHMENTS:

1. Ordinance_1622.docx

2. Exhibit_A_Ordinance_1622_Camping_in_Public_Spaces_-_.final.pdf 324
Ordinance 1622

Page 1 of 3 ends

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 325
Ordinance 1622

Page 2 of 3 ends

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 24 day of March, 2026, by the following vote:

AYES: Barrington, Flynn, Miller, Royce, Wallace
NOES: None
ABSENT: None
ABSTAIN: None
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Banning, California, held on the __ 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:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
326
Ordinance 1622

Page 3 of 3 ends

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 24th day of March 2026, and was duly adopted at a regular meeting of said City Council on the 14th day of April 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
327

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.
328

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." 329
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.
330

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 331
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, 332
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.
333

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Amber Rockwell, CORE Manager
Art Vela, Director of Public Works
MEETING DATE: April 14, 2026
SUBJECT:

Consideration of Resolution 2026-61, Approving an Energy Efficiency Program Professional Services Agreement for three years with the Arbor Day Foundation through the Southern California Public Power Authority (SCCPA)
RECOMMENDATION:

Adopt Resolution 2026-61
BACKGROUND:

The Southern California Public Power Authority (SCPPA) is a Joint Powers Authority, formed in 1980 under the Joint Exercise of Powers Act of the California Legislature. The City of Banning Electric Utility (BEU) is one of eleven municipal utilities and one irrigation district that make up the members of SCPPA.

Over the years, SCPPA’s role has evolved from generation and transmission acquisition, to include legislative advocacy and cooperative efforts to reduce member costs and improve efficiency.

As a SCPPA member, the BEU has the benefit of participating in Professional Services Agreements that SCPPA executes at the request of, and on the behalf of its members. The BEU participates in SCPPA’s Public Benefit Committee where activities include the preparation of a State required annual report, which details the use of Public Benefit Funds, and the exchange of information regarding energy efficiency, renewable energy, research, and development programs and low-income services.

In the Spring of 2022, BEU began its partnership with the Arbor Day Foundation on the Energy Saving Trees program. This program provides free shade trees to BEU's residential customers. The program provides a customized portal for residential customers to register for free trees; customer education on the long-term benefits of specific trees planted around a customer’s house (including energy savings, air quality, and carbon emissions); and provides a program summary report that include statistics about the program's energy savings and community benefits.

On September 12, 2023, Resolution 2023-158 was approved by the City Council ratifying all current SCPPA Task Orders and Master Service Agreements. Within this Resolution was the adoption of 2023 Task Order BEU-01 and Master Services Agreement for the Arbor Day Foundation. The Arbor Day Foundation Task Order expired on October 19, 2025.

JUSTIFICATION:

California Assembly Bill 723 (2012) requires municipal electric utilities to collect revenues for the 334
following Public Benefit Programs:

Cost-effective demand-side management services to promote energy efficiency and energy conservation.

New investments in renewable energy resources and technologies consistent with existing statutes and regulations which promote those resources and technologies.

Research, development and demonstration programs for the public interest to advance science or technology which is not adequately provided by competitive and regulated markets.

Services provided for low-income electricity customers, including but not limited to, targeted energy efficiency services and rate discounts. The Arbor Day Foundation tree program falls under this category and the energy saving programs will be administered by the Arbor Day Foundation team in partnership with BEU staff.

FISCAL IMPACT:

Funds for the Energy Tree program expenditures are currently budgeted for FY 2025/26. This Task Order shall be effective from April 1, 2026 to February 19, 2029, with a not to exceed amount of $45,000 for a three year term of the Task Order. The following account from the Electric Public Benefits Fund 675-7020-473.42-54 will be budgeted as follows:

Fiscal Year Estimated Amount
2026/2027 $15,000
2027/2028 $15,000
2028/2029 $15,000
ATTACHMENTS:

1. Resolution 2026-61.docx

2. SCPPA MGSA Arbor Day Foundation 2-19-2026 Executed

3. City of Banning 2025 Impact Report.pdf

4. 2026_Arbor_Day_Task_Order_Signature with EG signature line.docx 335
Resolution 2026-61

Page 1 of 4 ends

RESOLUTION 2026-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING TASK ORDER BEU:01 AND USE OF THE ARBOR DAY FOUNDATION

PROFESSIONAL SERVICE AGREEMENT FOR ENERGY EFFICIENCY PROGRAMS

THROUGH THE SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY (SCPPA) WHEREAS, the City of Banning is a general law municipality governed by elected city councilmembers; and
WHEREAS, the City of Banning owns and operates a retail electrical energy distribution system which serves load to end-use customers in an assigned area of service; and WHEREAS, the City of Banning Electric Utility is one of eleven municipal utilities and one irrigation district that make up the members of SCPPA. Over the years, SCPPA’s role has evolved from generation and transmission acquisition, to include legislative advocacy and cooperative efforts to reduce member costs and improve efficiency; and, WHEREAS, as a SCPPA member, the City of Banning Electric Utility has the benefit of participating in Professional Services Agreements that SCPPA executes at the request of, and on the behalf of, its members.

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

SECTION 1. The City Council adopts Resolution 2026-61, ratifying and approving the professional service agreement with the Arbor Day Foundation for the identified energy efficiency program through the Southern California Public Power Authority (SCPPA), included as Exhibits A through D, attached hereto and incorporated by reference not to exceed $45,000 for the Task Order budgeted within the Electric Public Benefits Fund Account 675-7020-473.42-54 SECTION 2. The City Council ratifies the new Master Services Agreement and Task Order and authorizes the City Manager and/or her designee, to execute the professional service agreement, task order, and amendment made available through SCPPA for the Arbor Day Foundation.

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

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

PASSED, APPROVED AND ADOPTED this 14th day of April 2026. 336
Resolution 2026-61

Page 2 of 4 ends

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

John Pinkney, City Attorney
Slovak Baron Empey Murphy & Pinkney
LLP
337
Resolution 2026-61

Page 3 of 4 ends

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-61, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of April 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
338
Resolution 2026-61

Page 4 of 4 ends

EXHIBITS
A. Resolution 2026-61
B. Master Services Agreement between SCPPA and Arbor Day Foundation C. City of Banning Arbor Day 20-year 2025 Impact Report D. 2026 Arbor Day Task Order
339
SCPPA MGSA (Rev. Sept. 12, 2023) Arbor Day Foundation
1 MASTER GOODS AND SERVICES AGREEMENT

BETWEEN

SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY
AND

ARBOR DAY FOUNDATION
This MASTER GOODS AND SERVICES AGREEMENT (“Agreement”) is dated and effective February 19, 2026, by and between Arbor Day Foundation ("Contractor"), a Nebraska nonprofit corporation, located at 211 N. 12th Street, Lincoln, NE 68508, and Southern California Public Power Authority ("SCPPA"), a joint powers agency created pursuant to the laws of the State of California, with offices at 1160 Nicole Court, Glendora, California 91740. SCPPA and Contractor are also referred to herein individually as “Party” and together as “Parties.” Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference.

WHEREAS, SCPPA member utilities (“Members”) are engaged in the generation, transmission, and distribution of electrical energy to retail customers; and WHEREAS, SCPPA has been formed for the purpose of undertaking the planning, financing, development, acquisition, construction, reconstruction, improvement, enlargement, betterment, operation, or maintenance of projects involving the generation, transmission, and distribution of electrical energy for the benefit of its Members (“Purpose”); and WHEREAS, SCPPA has a need for goods and/or professional and technical services including studies and reports to facilitate SCPPA’s Purpose and that support its Members’ procurement of generation and transmission resources and their obligation to first acquire energy efficiency and demand reduction resources that are cost effective, reliable, and feasible as mandated by Section 9615 of the California Public Utilities Code; and WHEREAS, Contractor is qualified and capable of providing the goods and/or services specified herein which are consistent with SCPPA’s Purpose.

NOW, THEREFORE, in consideration of the premises herein and for other good and valuable consideration, the Parties agree as follows:

1. Work to be Provided:

SCPPA engages Contractor to provide goods and/or services and related tasks (“Goods” or “Services,” respectively, or collectively “Work”) outlined in Exhibit A for itself and its Members to utilize pursuant to one or more separate task orders (“Task Order”) substantially Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1448 30
SCPPA MGSA (Rev. Sept. 12, 2023) Arbor Day Foundation
2 in the form attached hereto as Exhibit C. The Work performed and provided by Contractor under all Task Orders shall be based upon the price terms listed in Exhibit B, provided that in no event shall the payments to Contractor exceed the designated maximum amount listed in Exhibit B for all Task Orders under this Agreement. Each Task Order shall specify the tasks and assignments from among the Work identified in Exhibit A, to be performed and provided by Contractor. Each Task Order may include a cap for all payments for Work performed and provided under each individual Task Order and a time schedule for completion of the Work.

Any Member that elects to participate in any individual Task Order is referred to herein as the "Participating Member."

2. Contractor’s Services and Personnel:
(a) Independent Contractor. Contractor is an independent contractor. Neither the Contractor nor the Contractor’s employees or agents are employees of SCPPA or any Member and shall not be entitled to any employment benefits or rights afforded by SCPPA or Members to their employees, including, but not limited to, sick leave, vacation leave, paid leave, holiday pay, retirement benefits, worker’s compensation, or other insurance benefits.

Contractor hereby warrants that: (1) The Contractor and its employees and agents are free from the control and direction of SCPPA and its Members in connection with the performance of the work to be provided hereunder, both under this contract and in fact, (2) The Contractor and its employees and agents perform work that is outside the usual course of SCPPA’s business, and (3) the Contractor and its employees and agents performing Work under this Agreement are customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the Work to be performed under this Agreement. Contractor shall furnish the Work according to its own manner and methods except as required by applicable laws and this Agreement. Contractor shall have no authority, express or implied, to act on behalf of or bind SCPPA or Members to any obligation in any capacity whatsoever as agent or otherwise. (b) Subcontractors. Contractor may use the services of subcontractors to perform a portion of its obligations under this Agreement with the prior written approval of SCPPA. All subcontractors retained by Contractor shall be duly licensed as required by law.

Subcontractors shall be provided with a copy of this Agreement and Contractor shall cause all subcontractors to comply with the same and agree in a separate writing to be bound by its terms. Contractor shall be the responsible party with respect to all actions of its subcontractors. Contractor’s visit to and time spent at SCPPA, Member, or project site locations shall be subject to normal business hours, appropriate safety standards, and security requirements.
(c) Prevailing Wages. Work by persons deemed to be employees of Contractor may be subject to prevailing wages under California Labor Code 1770 et seq. Contractor is solely responsible for compliance with prevailing wage requirements, where applicable.

Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1449 31
SCPPA MGSA (Rev. Sept. 12, 2023) Arbor Day Foundation
3 (d) Indemnity. Contractor shall indemnify, defend, and hold harmless SCPPA and Members, and their respective officers, employees, assigns, and successors in interest from and against any and all liability, claims, suits, demands, damages, fines, penalties, wages, costs or expenses pertaining to (i) prevailing wage laws and (ii) the payment of any employee and/or employer contributions for the California Public Employees Retirement System (“PERS”) benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of SCPPA or Members. This indemnification is intended to supplement and is not intended to limit or exclude the application of the indemnification requirements provided in Section 8 hereof.

3. Standard of Care:

The Contractor will perform Work under this Agreement with the degree of skill and diligence normally practiced in the same industry by Contractors performing the same or similar work.

Contractor shall comply with all Federal, State, County, local and other governing laws, rules and regulations applicable to the performance of the Work under this Agreement, including Participating Member(s) business practices or other requirements as set forth in any applicable Task Order, including, but not limited to, equal opportunity practices, living wage ordinances, applicable business licenses, taxpayer protection acts (limiting gifts or campaign contributions), and assignment of antitrust causes of action. Contractor represents and warrants that it is appropriately licensed, qualified, and experienced to provide the Work. Contractor acknowledges that it may be subject to the requirements of the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act and represents that all Work performed hereunder shall comply with such requirements where applicable. If requested, Contractor agrees to execute a non-disclosure agreement or other ancillary agreement to document Member-specific requirements for purposes of addressing CCPA, California Public Records Act (“CPRA”), California Privacy Rights Act, confidentiality and/or cybersecurity concerns.

4. Amendments:

Amendments to this Agreement must be in writing and signed by both Parties. No Task Order issued under this Agreement may be amended except by written agreement executed by Contractor, SCPPA and the Participating Member, provided further that if a Participating Member has elected to confirm its Task Order participation through a letter to SCPPA, the Participating Member shall have submitted a new letter to SCPPA requesting the amendment to the Task Order prior to SCPPA’s execution of the amended Task Order.

5. Payment:

SCPPA shall pay Contractor for Work in accordance with the terms of this Agreement and the applicable Task Order. Contractor is not authorized to perform any Work or incur any costs whatsoever until: (1) a Task Order has been signed by both Parties (and the Participating Member has signed either the Task Order or a letter to SCPPA confirming the Participating Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1450 342
SCPPA MGSA (Rev. Sept. 12, 2023) Arbor Day Foundation
4 Member’s participation in the Task Order); and (2) a written purchase order providing authorization for the start of Work for such Task Order has been issued to the Contractor by the SCPPA designated representative. In addition to any specific requirements in a Task Order, each invoice from Contractor shall include the following:
a. A reference to the purchase order number issued by SCPPA for such Work to be performed under the Agreement and Task Order and any other number assigned by SCPPA for invoices under this Agreement;
b. Name of each Participating Member that has received Goods and/or Services for which the invoice is being issued by Contractor; and
c. The basis for the amount invoiced, including a description of Goods and/or Services provided.

Contractor shall submit all invoices to SCPPA. Contractor shall submit invoices at no more than monthly intervals and no later than the invoicing dates specified in the milestone payment schedule set forth in a Task Order, and if no milestone payment schedule is set forth in a Task Order, then no later than thirty (30) days after completion of the Work covered by the invoice.

Invoices delivered to SCPPA shall be sent to [email protected]. Invoices received by SCPPA on or before the 15th day of a given month and subsequently approved by the Participating Member(s) on or before the 25th day of the same month, shall be paid by SCPPA before the end of the following month. All other properly invoiced amounts shall be paid not more than sixty (60) calendar days after delivery of an invoice, provided that the funds for the payment of such invoices have been transmitted to SCPPA by the Participating Member(s).

SCPPA shall inform Contractor of any disputed invoice amounts within thirty (30) calendar days of receipt of the invoice by SCPPA. SCPPA may withhold payment of such disputed amounts until both Parties have reached agreement on the proper amount of the invoice.

6. Taxes:

All taxes imposed on Contractor’s income, imposed, or assessed by reason of this Agreement or its performance, including but not limited to sales or use taxes, shall be paid by Contractor.

Contractor shall be responsible for any taxes or penalties assessed by reason of any claims that Contractor is an employee of SCPPA.

7. Audit:

During the Agreement’s term and for a period of four years after the termination or expiration of the Agreement, Contractor shall (a) maintain all records, books, papers, or documents related to Contractor’s performance of the Agreement (“Records”); and (b) provide SCPPA or its representatives, at all reasonable times, the right to examine, excerpt, photocopy, photograph, or transcribe such Records, including but not limited to direct and Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1451 343
SCPPA MGSA (Rev. Sept. 12, 2023) Arbor Day Foundation
5 indirect charges and detailed documentation for Work that Contractor has performed or will perform under the Agreement.

8. Indemnity:

To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless SCPPA and Members and their respective officers, employees, assigns and successors in interest (collectively, “Indemnified Parties”) from and against any and all suits and causes of action, claims, charges, damages, demands, judgments, civil fines and penalties, or losses of any kind or nature whatsoever, whether actual or alleged, [arising out of, or incident to, the performance of Services or the supply of Goods under this Agreement, or both (“Claims”)] excluding only those Claims arising from the gross negligence or willful misconduct of Indemnified Parties. Contractor shall promptly notify SCPPA of any Claim(s) against the Contractor or any of Contractor’s directors, employees, subcontractors of any tier, or agents, arising out of or related to Services being performed or Goods to be provided under this Agreement.

9. Intellectual Property Infringement:

Contractor shall defend, indemnify, and hold harmless SCPPA and each Participating Member from and against any loss, cost, and expense that SCPPA or each Participating Member incurs because of a claim that any deliverables, materials, software, or hardware or equipment (hereinafter “Product”) provided pursuant to this Agreement infringes on the intellectual property rights of others. Contractor’s indemnification obligation under this Section 9 is conditioned on the following: (i) SCPPA must notify Contractor of any such claim and (ii) the claim must not arise from modifications to or misuse of the Product by SCPPA or the Participating Member. In the event of an infringement claim, Contractor, at its sole option and expense, may (A) retake title and possession of the Product and refund all compensation paid by SCPPA, or (B) obtain for SCPPA and any Participating Member the right to continue using the Product under the terms of this Agreement as was being used prior to the infringement claim; or (C) replace for SCPPA and any Participating Member the Product with another that is substantially equivalent in function, or modify the Product so that it becomes non-infringing and substantially equivalent in function. Contractor’s election in response to an infringement claim as described in this Section 9 shall not result in any additional costs or liability to SCPPA and any Participating Member.

10. Insurance:

Contractor shall at its sole cost and expense procure, provide, and maintain, and shall require each subcontractor (regardless of tier) to provide and maintain, in effect during the performance of any Work under this Agreement, and with respect to subparagraphs (d) and (e) below, the period of time specified therein, insurance coverage with carriers reasonably satisfactory to SCPPA, as follows:

Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1452 344
SCPPA MGSA (Rev. Sept. 12, 2023) Arbor Day Foundation
6 (a) Workers’ Compensation insurance in accordance with statutory limits, as required by the state in which the services are to be performed, including a waiver of subrogation favoring SCPPA, and Employer’s Liability insurance with limits of not less than one million dollars ($1,000,000) each employee for accident, $1,000,000 each employee for disease, and $1,000,000 policy limit for disease.
(b) Commercial General Liability insurance providing coverage for bodily injury, property damage, personal injury, advertising liability, blanket contractual liability, Contractor’s obligations under this Agreement, products and completed operations, and coverage for independent contractors with limits of not less than one million dollars ($1,000,000) for each occurrence. Such policy shall cover SCPPA and each Participating Member as an additional insured, include a severability of interest provision, and be primary and not contributory with respect to any insurance carried by SCPPA or Participating Members. (c) Commercial Automobile Liability insurance providing coverage for all owned, nonowned, and hired automobiles used by Contractor in the performance of the Work with a combined single limit of not less than one million dollars ($1,000,000) for each occurrence of bodily injury and property damage.
(d) Errors & Omissions/Professional Liability insurance, including coverage for liability arising from intellectual property infringement, information technology and software development services, with limits of one million dollars ($1,000,000) per claim and in the aggregate. The policy must be kept in force during the life of the contract and for three years (either as a policy in force with “prior acts” coverage covering the Agreement’s term, or under an extended reporting provision) after contract termination. (e) Cyber Security Coverage including technology / professional liability insurance, intellectual property infringement, and data protection liability insurance. Contractor shall procure and maintain coverage for cyber liabilities and financial loss resulting or arising from acts, errors, or omissions, in connection with data maintenance, hosting, software development and other information technology services provided under this agreement.

Coverage shall include protection for liability arising from:

1. intellectual property infringement arising out of software and/or content (excluding patent infringement and misappropriation of trade secrets);

2. breaches of security;

3. violation or infringement of any right, privacy, breach of federal, state, or foreign security and/or privacy laws or regulations; and,

4. data theft, damage, destruction, or corruption, including without limitation, unauthorized access, unauthorized use, identity theft, theft of personally identifiable information or confidential corporate information, transmission of a Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1453 345
SCPPA MGSA (Rev. Sept. 12, 2023) Arbor Day Foundation
7 computer virus or other type of malicious code; and participation in a denial of service attack on a third party.

The minimum limits shall be three million dollars ($3,000,000) for each claim and in the aggregate.

Such insurance must address all of the foregoing without limitation if caused by an employee of the Contractor or an independent contractor working on behalf of the Contractor in performing Work under this contract. Policy must provide coverage for wrongful acts, claims, and lawsuits anywhere in the world. The policy must be kept in force during the life of the contract and for three years (either as a policy in force with “prior acts” coverage covering the Agreement’s term, or under an extended reporting provision) after contract termination.
(f) All required policies shall provide not less than thirty (30) calendar day notice of cancellation to SCPPA.

The insurance to be provided by Contractor under this Agreement shall not include any of the following: except for Professional Liability Insurance, any claims-made insurance policies; any self-insured retention or deductible amount greater than two hundred fifty thousand dollars ($250,000) unless approved in writing by SCPPA; any endorsement limiting coverage available to SCPPA or Participating Members that is otherwise required by this Section 10; and any policy or endorsement language that (i) negates coverage to SCPPA or Participating Members for SCPPA’s or Participating Members’ own negligence; (ii) limits the duty to defend SCPPA or Participating Members under the policy; (iii) provides coverage to SCPPA or Participating Members only if Contractor is negligent, or (iv) permits the recovery of defense costs from any additional insured. The insurance provided under this Agreement shall not contain any restrictions or limitations which are inconsistent with SCPPA’s or the Participating Members’ rights under this Agreement.

Contractor shall furnish SCPPA proof of all specified insurance evidencing the required coverages prior to commencement of Work under this Agreement or any Task Order issued pursuant to this Agreement. Contractor shall provide SCPPA a new or renewed certificate of insurance upon any changes or modifications to coverage including any extension or renewal of required insurance coverage; provided that any changes or modifications to coverage shall be consistent with the requirements of this Agreement.

The insurance requirements set forth in this Section 10 are separate and independent from the indemnification and defense provisions of this Agreement. The insurance provisions do not limit the applicability, scope, or obligations of indemnification and defense obligations of this Agreement, and this Agreement’s indemnification and defense obligations do not limit the insurance coverage requirements of this Agreement.

11. Term and Termination; Survival:

Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1454 346
SCPPA MGSA (Rev. Sept. 12, 2023) Arbor Day Foundation
8 (a) The term of this Agreement shall be three (3) years from the date hereof at which time it shall either expire or be extended by written agreement of the Parties for one (1) or more additional terms totaling no more than three (3) years, unless sooner terminated in accordance with this Section 11.
(b) Either Party may terminate this Agreement, or any Task Order hereunder, with or without cause, upon thirty (30) calendar days’ written notice to the other Party. Upon such termination, (i) Contractor shall reimburse SCPPA for all payments made by SCPPA for Work not yet completed and supplied, or (ii) if outstanding payments are owed to Contractor, SCPPA shall pay Contractor for all Work satisfactorily performed and supplied in accordance with this Agreement up to the date of termination. (c) No Task Order shall be executed pursuant to this Agreement if the time or deadline for performance thereof extends beyond the then-applicable expiration date of the Agreement.

Notwithstanding the foregoing, at SCPPA’s sole discretion and for good cause shown, this Agreement shall not expire while Work to be performed under an existing Task Order remains incomplete.
(d) Termination for Conflicts of Interest. Contractor confirms that it understands the conflicts of interest codes and requirements applicable to its profession, as well as the requirements of California Government Code Section 1090, et seq. and Section 87100, et seq. Contractor represents and certifies that it is unaware of any conflict of interest relating to this Agreement and that SCPPA, its Members, and their respective officers, agents, employees, representatives, and elected and appointed officials do not, and will not, have any indirect or indirect financial interest in this Agreement. Contractor will immediately inform SCPPA about any conflict of interest that may arise as a result of any change in circumstances.

Notwithstanding any other provision of this Agreement, it is further understood and agreed that if such conflict of interest does exist or develop, SCPPA may immediately terminate this Agreement by giving Contractor written notice thereof. (e) Survival. Any rights or obligations pursuant to Sections 2(d), 3, 5-14, 17-18, 20-22 shall survive the termination or expiration of this Agreement.

12. Use and Ownership of Work Product:
(a) As used in this agreement, the term “Work Product” means any and all deliverables or materials fixed in a tangible medium of expression, including software code, written procedures, written documents, abstracts, and summaries thereof, or any portions or components of the foregoing created, written, developed, conceived, perfected, or designed in connections with the Work provided under this Agreement.

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SCPPA MGSA (Rev. Sept. 12, 2023) Arbor Day Foundation
9 (b) SCPPA and the Participating Members shall retain all rights, title, and interest in and to the Work Product, including all intellectual property rights therein and any and all enhancements, improvements, and derivative works thereof, and Contractor obtains no rights therein.

13. Information Provided by Others:

To the extent reasonably available to SCPPA and/or the Participating Members, and not otherwise subject to any confidentiality requirement, SCPPA and/or the Participating Members, upon Contractor’s request, shall provide to the Contractor in a timely manner any information reasonably needed to perform the Work hereunder. Contractor may rely on the accuracy of information provided by SCPPA and Participating Members. Any Customer Data (as defined in Section 13 herein) furnished to Contractor by SCPPA or Participating Members shall be deemed Confidential Information subject to Section 14 of this Agreement.

14.Confidential Information:

As used herein, “Customer Data” shall mean any and all data that describes anything whatsoever about an individual customer of a Participating Member, such as address, employment, contact information, usage history, financial transactions and/or credit history, or that affords a clear basis for inferring things done by or to an individual or entity such as a record of a person’s presence in a place, or requests for temporary changes in service. “Customer Responses” shall be all information or opinion collected or gathered from an individual customer of a Participating Member, either verbally, in writing, or electronically.

Either Party (as to information disclosed, the "Disclosing Party") may provide the other (as to information received, the "Receiving Party") with information in connection with this Agreement that it may deem to be “Confidential Information” as defined herein. Confidential Information shall mean any and all: (1) Customer Data provided by SCPPA or any Participating Member to Contractor or any of Contractor’s subcontractors; (2) Customer Responses collected by Contractor or any of Contractor’s subcontractors from customers of any Members; and (3) any information provided to one Party from another that is labeled and/or marked confidential. Receiving Party agrees: (a) to use or reproduce the Confidential Information only as necessary to realize the benefits of or perform its obligations under this Agreement and for no other purpose, (b) to take reasonable measures to prevent disclosure of the Confidential Information to third parties, and (c) not to disclose the Confidential Information to a competitor of Disclosing Party.

Notwithstanding the foregoing, Confidential Information does not include information which (i) at the time of disclosure is within the public domain through no breach of this Agreement by either Party; (ii) has been known or independently developed by and is currently in the Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1456 348
SCPPA MGSA (Rev. Sept. 12, 2023) Arbor Day Foundation
10 possession of recipient prior to disclosure or receipt thereof; (iii) was or is acquired by recipient from a third party (other than a Participating Member customer contacted by Contractor in the course of performance of this Agreement) or (iv) disclosed pursuant to a legal requirement or order. The recipient may disclose the Confidential Information on a need-to-know basis to its contractors, agents and affiliates who agree to confidentiality and non-use terms that are substantially similar to these terms.

In the case of a bona fide request received by SCPPA under the California Public Records Act (“CPRA,”) Cal. Gov't Code § 7920.000 et seq.) from a third party for access to Contractor’s Confidential Information subject to this Agreement, or as may otherwise be required by the California Ralph M. Brown Act (“Brown Act”) (California Government Code §§ 54950 et. seq.), SCPPA shall notify Contractor of such request and shall seek to follow Contractor's reasonable instructions in responding thereto subject to the understanding that SCPPA cannot delegate the responsibilities imposed on it by the CPRA or Brown Act to Contractor. SCPPA’s responsibilities under both the CPRA and Brown Act shall be determined in the sole discretion of SCPPA. In the event access to such Confidential Information is denied and the third party requesting the same initiates litigation to compel access under the CPRA, SCPPA shall promptly advise Contractor of such litigation, and SCPPA shall have no other duty or obligation to Contractor under this Agreement with respect to the denial of access to such Confidential Information or to oppose or defend any such litigation. Contractor, at its own cost and expense, shall indemnify, defend, and hold SCPPA free and harmless from such litigation or any claim, suit, cost, expense, attorneys’ fees, judgment, or order related thereto or otherwise arising from the denial of access to Contractor’s Confidential Information to said third party.

If Contractor is requested or required, pursuant to any order, rule, ruling, discovery request, subpoena, civil investigation or similar process to disclose any of SCPPA’s or Participating Members’ Confidential Information, Contractor shall provide prompt written notice to each of SCPPA and the affected Participating Members of such request or requirement so that SCPPA and the affected Participating Members may, at their own expense, seek a protective order or other appropriate remedy concerning such disclosure.

Confidential Information must be kept in a secure location. Confidential Information received from or pertaining to customers of a Member shall only be provided by Contractor to the Participating Member providing service to that customer, and to no other party, and Contractor shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. Contractor shall, when directed by SCPPA, create aggregated data derived from Confidential Information in such a way that individual customer responses or data cannot be determined. Contractor shall retain the Confidential Information only so long as it is necessary to perform Contractor’s tasks under the Agreement, and after Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1457 349
SCPPA MGSA (Rev. Sept. 12, 2023) Arbor Day Foundation
11 such time, the Confidential Information shall be returned to SCPPA or at SCPPA’s written request, destroyed, and Contractor shall retain no copies of the Confidential Information.

Under no circumstance may Contractor, or its officers, employees, subcontractors, or agents use Confidential Information of SCPPA or its Members for any commercial purpose not related to the primary purpose of this Agreement.

Contractor shall be responsible for ensuring that any subcontractors used to provide Goods and Services that have access to Confidential Information or who shall collect Customer Responses comply with the provisions of this Section 13.

Notwithstanding these restrictions, only where permitted by law, including as limited by Section 1798.98 of the California Civil Code and Section 8381 of the California Public Utilities Code, (a) Contractor may disclose Confidential Information to its affiliates and subcontractors to the limited extent necessary for the performance of the Agreement, (b) a Receiving Party may disclose Confidential Information to its auditors, (c) SCPPA may disclose Confidential Information to Members, and (d) a Receiving Party may disclose Confidential Information to any other third party with the prior written permission of Disclosing Party, and in each case, only so long as the Receiving Party obtains a non-disclosure commitment from any such subcontractors, auditors, lenders or other permitted third party that prohibits disclosure of the Confidential Information and provided further that the Receiving Party remains responsible for any unauthorized use or disclosure of the Confidential Information. Each Disclosing Party warrants that it has the right to disclose the information that it discloses.

15. SCPPA’s Right to Inspect Property: Upon reasonable notice to Contractor, SCPPA and/or Members shall have the right during the performance of the Work to inspect the site where the Work is to be performed, subject in all cases to all applicable rules, policies and regulations related to safety, as well as state and local building code and ordinance compliance, including Contractor and its subcontractors' reasonable safety precautions, provided that such inspection and presence does not unreasonably interfere with or delay the completion of the Work and Contractor's performance of its other obligations under this Agreement.

16. Recycled Materials:

In accordance with California Public Contract Code section 22152 et seq., Contractor shall certify the minimum, if not the exact, percentage of postconsumer materials in the materials, Goods, or supplies offered or sold pursuant to this Agreement, including, where applicable, printer cartridges. Where applicable, the Contractor shall ensure that any printing paper used meets the recycled content requirements set forth in Section 12209 of the California Public Contract Code.

17. Title to Goods; Warranties:

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SCPPA MGSA (Rev. Sept. 12, 2023) Arbor Day Foundation
12 (a) Title to Goods. The risk of loss and title to Goods supplied by Contractor to SCPPA pursuant to the Work scope shall pass upon delivery to SCPPA, unless otherwise specified in the Work scope.
(b) Warranties. Contractor warrants that Goods shall be delivered free from defects in material, workmanship, and title and that the Work shall be performed in a competent, diligent manner in accordance with any mutually agreed specifications, as identified in Exhibit A and/or the specific Task Order. Contractor warrants that the services performed by it hereunder will be performed in a workmanlike manner and in accordance with generally accepted professional standards. Any and all written warranties asserted by Contractorshall be incorporated herein as Exhibit D. In the event the Goods and Services do not conform, such nonconforming Goods and Services shall be corrected by Contractor. If Goods or Services do not meet the above warranties, SCPPA shall promptly notify Contractor in writing prior to expiration of the warranty period. Contractor shall (i) at its option, repair or replace defective Goods and (ii) re-perform defective services. If despite Contractor’s reasonable efforts, non-conforming Goods cannot be repaired or replaced, or nonconforming services cannot be re-performed, then, without limitations to SCPPA’s legal and equitable remedies and any remedies provided under this Agreement, Contractor shall refund, or credit monies paid by SCPPA for such non-conforming Goods and Services.

18. Dispute Resolution:

In the event of a dispute between the Parties either Party may deliver to the other Party a notice of dispute with a detailed description of the underlying circumstances for the dispute. The dispute notice shall include a schedule of availability of the notifying Party’s officers having a title of senior vice president or equivalent or higher duly authorized to settle the dispute during the thirty (30) calendar day period following delivery of the dispute notice. The recipient Party shall, within five (5) business days of receipt of the dispute notice, provide to the notifying Party a parallel schedule of availability of its officers having a title of senior vice president or equivalent or higher duly authorized to settle the dispute. The senior officers of the Parties shall meet and confer as often as reasonably necessary during the thirty (30) day period in good faith negotiations to resolve the dispute. In the event the dispute is not resolved within the thirty (30) calendar day period then either Party may pursue any legal remedy available to it; provided further, however, nothing herein shall prohibit either Party from pursuing temporary, injunctive, or equitable relief during this thirty (30) calendar day period.

19. Representatives:

SCPPA’s representative for administration of this Agreement:

Brandon Czworniak, (626) 793-9364, and e-mail address is [email protected]. All questions to SCPPA pertaining to this Agreement shall be referred to the person named above.

Contractor’s representative for this Agreement:

Kristen Bousquet, 402-473-2023, and e-mail address is [email protected] All questions to Contractor pertaining to this Agreement shall be referred to the person named above.

Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1459 31
SCPPA MGSA (Rev. Sept. 12, 2023) Arbor Day Foundation
13 The representatives set forth herein shall have authority to give all notices required herein.

20. Notices:

Notices, requests, demands and other communications made pursuant to this Agreement shall be deemed given only if in writing signed by an authorized representative of the sender and delivered by first class mail, electronic mail, or by a courier or service guaranteeing overnight delivery to the receiving party, addressed as follows:

Either party may change its contact information for the purposes of this Agreement by giving written notice of such change to the other party in the manner provided in this Section.

Notice shall be deemed effective: 1) immediately, upon personal delivery or upon transmission by electronic mail accompanied by a telephone call to the intended recipient; 2) one (1) calendar day after transmission by electronic mail not accompanied by a telephone call; 3) five (5) calendar days after deposit in first class mail, if mailed within the United States; and 4) ten (10) calendar days after deposit in the mail, if mailed from outside the United States.

21. Miscellaneous:
(a) Assignment – This Agreement is binding upon and shall inure to the benefit of SCPPA and Contractor and their respective successors and assigns. Neither Party may assign its rights or obligations hereunder without the prior written consent of the other Party; provided, however, that either Party may assign this Agreement to a successor of the Party’s entire business relating to this Agreement.
(b) Integration; Conflicts – This Agreement, including Exhibits hereto, contains the entire agreement between the Parties and supersedes all prior negotiations, representations, or agreements, whether written or oral. In the event of any conflict between the terms of this Agreement and the Exhibits hereto, or any Task Order or purchase order issued hereunder, the terms of this Agreement shall control. In the event of any conflicts between the Exhibits and any Task Order or purchase order, the Exhibits shall control. In the event of a conflict between any Task Order or purchase order, the Task Order shall control. (c) Third Party Beneficiary – SCPPA Participating Members are not parties to this MASTER To SCPPA: To Contractor:

Executive Director
1160 Nicole Court
Glendora, CA 91740
[email protected]
Arbor Day Foundation
211 N. 12th St.

Lincoln, NE 68508
[email protected]
Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1460 352
SCPPA MGSA (Rev. Sept. 12, 2023) Arbor Day Foundation
14 GOODS AND SERVICES AGREEMENT but are third party beneficiaries to the MASTER GOODS AND SERVICES AGREEMENT and are entitled to the rights and benefits hereunder and may enforce the provisions hereof as if they were parties hereto. (d) Waiver – The failure to enforce any terms of this Agreement or the waiver of any breach of this Agreement shall not constitute a waiver of any other breach or a relinquishment of right to enforce the same or any other provision of this Agreement. (e) Severability – If any provision of this Agreement is rendered invalid or unenforceable under any circumstance, the remainder of this Agreement shall continue to be in full force and effect and the provision declared invalid or unenforceable shall continue to be in full force and effect as to other circumstances in accordance with the laws of the State of California.
(f) Governing Law – This Agreement is entered into in Los Angeles County in the State of California and shall be governed by, and construed in accordance with, the laws of the State of California.
(g) Venue – All litigation arising out of, or relating to this Agreement, shall be brought in a state or federal court in the County of Los Angeles in the State of California, and both Parties waive any defense of forum non conveniens.

22. Execution in Counterparts, Electronic Signatures and Document Transmission:

This Agreement may be executed in counterparts, and, upon execution by each signatory, each executed counterpart shall have the same force and effect as an original instrument and as if all signatories had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signature thereon, and may be attached to another counterpart of this Agreement identical in form hereto by having attached to it one or more signature pages.

The Parties may execute this Agreement by manual signature or by electronic signature, each of which shall have the same force and effect. A signed copy of this Agreement transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes, to the extent provided under applicable law, including California’s Uniform Electronic Transactions Act.
[SIGNATURE PAGE FOLLOWS]
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SCPPA MGSA (Rev. Sept. 12, 2023) Arbor Day Foundation
15 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above.

SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY
By:

DANIEL E GARCIA
Executive Director
Approved as to Legal Form:

ARMANDO ARBALLO
Assistant General Counsel

ARBOR DAY FOUNDATION
By:

GRACE WIDSETH
Director, Corporate Partnerships
Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1462 354
SCPPA MGSA/MPSA (Rev. Sept. 12, 2023) Consultant Name
A-1

EXHIBIT A

SCOPE OF WORK TO BE PROVIDED UNDER THIS AGREEMENT
Specific Responsibilities of Contractor for Arbor Day Foundation Program (the "Program"):
• Provide a pre-selected list of available tree species for SCPPA and/or participating Member (collectively, the "Partner") to choose from.
• Source agreed upon quantity of containerized trees for Program. o Trees are to be bulk transported to Partner event site 24-48 hours before event. o Trees are guaranteed to arrive to Partner selected location in a good, healthy condition or Contractor will replace trees at no charge. o In case of direct delivery program, trees are to be delivered to Partner’s participant doorsteps following order submission in software. • Maintain tree distribution website for Partner:
o Provide a custom url for Partner’s reservation website. o The online platform will be launched for reservations by date provided by Partner, dependent on if all info for launch has been received by Partner. o Tree fulfillment will be setup as either a direct to doorstep delivery or a local pickup model offering agreed upon quantity of free trees to participants for planting in pre-approved, strategic planting zones to reduce energy usage. o Software/microsite customizations include:
 Approved Partner logo
 Interactive mapping tool
 i-Tree Tools scientific data on the long-term benefits of specific trees planted around customer’s house (including energy savings, air quality, and carbon emissions)
 Customized welcome message and terms and conditions statement (will require each participant to accept these terms for each order submitted.)  Order confirmation email will vary slightly depending on program model that customer has selected. Email will include a map showing the agreed upon energy saving planting location.
 Provide a specific toll-free customer service line to answer participant questions surrounding the Program.
 Pre-event reminder email
• Collect and provide a wait list of Partner participants who express interest after trees are depleted.
• Provide an invoice to Partner
• Provide dashboard login access to allow Partner to access and download all data related to the Program including all customer orders and environmental data. • Work with Partner for post-Program survey to be sent to participants. • Provide Program summary report to Partner. Report to include statistics about Program's energy benefits (kWh and therms conserved) and community benefits (lbs of CO2 sequestered and avoided, gallons storm water conserved, lbs of air filtered) and other key Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1463 355
SCPPA MGSA/MPSA (Rev. Sept. 12, 2023) Consultant Name
A-2
performance indicators. Report will be provided to Partner.

Specific Responsibilities of SCPPA for Program:
• Pay per tree to distribute trees to participants. Trees (at minimum 85% of these) will be reserved and captured in Contractor's Community Tree Distributor online reservation tool.
• Complete and submit the online application to Contractor to identify tree species wish list: https://est.arborday.org/Application/Company
• Choose tree species from availability list provided by Contractor. (Please note: species substitutions sometimes necessary due to crop failures or growth/quality issues. If this scenario occurs, Contractor will work with Partner to discuss interchangeable species.) • Provide eligible zip codes, tree event details, terms and conditions and welcome message copy to Contractor a minimum of two weeks ahead of program launch. • Determine and organize the designated location(s) for these trees to be picked up by Partner's Program participants, along with plan and staff the scheduled tree pickup events. Contractor expressly disclaims and has no liability, obligation or responsibility for the organization, location or pickup of the trees by Partner's Program participants. • Arrange location for trees to be delivered, stored, secured 24-48 hours before pickup event.
• Provide pickup event details to Contractor by two weeks ahead of launch date. This includes dates, times, locations, delivery address for trees and any special instructions.

Partner assumes all responsibility for unloading trees from delivery truck. • Promote the program through multiple marketing channels which may include direct mail campaigns, email campaigns, search engine marketing, web site promotions, press releases, social media and other channels.
o A formal marketing plan, including a timeline and verbiage details will be shared with Contractor before the launch of the Program. (This marketing plan will include additional marketing tactics that will happen on <date>, if 90% of the trees are not yet reserved.)
o All marketing activities using any of Contractor's IP must be sent to and approved by Contractor in advance.
• In the case that trees are not depleted by the pickup event date or in the case of remaining trees that were not picked up, Partner shall assume the sole responsibility and cost of the remaining inventory of trees and determine where to utilize remaining trees.

Goods and/or Services not expressly set forth in this Exhibit A are excluded.

Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1464 356
SCPPA MGSA/MPSA (Rev. Sept. 12, 2023) Consultant Name
B-1

EXHIBIT B

COMPENSATION SCHEDULE AND HOURLY FEES
Program Pricing
• 1-gallon trees mailed to homeowners: $60-$65 per tree* • 3 to 5-gallon trees for event or delivery: $60-$70 per tree • 7-gallon trees for event or delivery: $90-$120 per tree* • 15-gallon trees for delivery: $200-$250 per tree*
• Software only model (does not include
trees):
$15-$20 per tree
*Due to availability or seasonal issues, pricing may increase so the price does not exceed the following: $70 per 1-gallon trees mailed to homeowners; $140 per 7-gallon trees for event or bulk delivery; and $275 per 15-gallon trees for bulk delivery. • Above costs include:
- Tree procurement
- Nursery handling
- Shipment or transport of trees
- Software licensing and customization
- Technology for ordering and metrics
- Marketing resources
- Dashboard access - Reporting
- Contact Center Support
- Program Staff Support
- Participant communications and survey
In no event shall SCPPA’s payment obligations to Contractor for all Goods received or Services performed or for any other reason exceed $250,000 (the “Not to Exceed Amount”). Contractor shall provide notice to SCPPA prior to reaching the Not to Exceed Amount. Any Goods or Services provided by Contractor in excess of this authorization, and without prior execution of an amendment hereto by the Parties, shall be at Contractor’s sole risk and without payment. For avoidance of doubt SCPPA and Participating Member shall not be liable for any unauthorized excess billings whatsoever.

All travel must be preapproved in writing by SCPPA or the applicable Participating Member. As a public agency, SCPPA shall not reimburse Contractor for travel, food, and related costs in excess of those permitted by the Internal Revenue Service.

Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1465 357
SCPPA MGSA/MPSA (Rev. Sept. 12, 2023) Consultant Name
C-1

EXHIBIT C

EXEMPLARY TASK ORDER FORM
TASK ORDER No.: […input number, sequential to prior
Task Orders, if applicable…]
Date: [ ]
Project Description: [ ]
Participating Member (if applicable): [ ]
Contractor: [ ]
Contractor, SCPPA and the Participating Member(s) identified above agree that Contractor shall provide the Services specified herein pursuant to the terms and conditions of the [Agreement Type] (“Agreement”) between SCPPA and Contractor dated [Agreement Effective Date], except as specifically modified herein. Capitalized terms used but not described herein shall have the meanings ascribed to them in the Agreement.

Term
This Task Order shall commence upon issuance of a purchase order by SCPPA and shall terminate on the earlier of [date] or the end of the Agreement’s term (the “Task Order Termination Date”).

Any Goods received or Services provided by Contractor (i) prior to issuance of a SCPPA purchase order, or (ii) on or after the Task Order Termination Date without prior execution of an amendment hereto by the Parties, shall be at Contractor’s sole risk and without payment. SCPPA or Participating Member may terminate this Task Order, with or without cause, upon thirty (30) calendar days’ written notice to Contractor.

Scope of Services
[General Description Of Services]
Compensation
[Specify Fees and Schedule – must include a Not to Exceed Amount for services under the Task Order (the “Not to Exceed Amount”)]
Contractor shall provide notice to SCPPA and Participating Member prior to and upon reaching the Not to Exceed Amount. Any Goods received or Services provided by Contractor in excess of the Not to Exceed Amount, without prior execution of an amendment hereto by the Parties, shall be at Contractor’s sole risk and without payment. For avoidance of doubt SCPPA and Participating Member shall not be liable for any unauthorized excess billings whatsoever.

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SCPPA MGSA/MPSA (Rev. Sept. 12, 2023) Consultant Name
C-2
Representative(s) of Participating Member(s)
[Identify Names and appropriate Contact information for all Member staff who are authorized representatives for the administration of the Agreement and who should be sent invoices from Contractor]
Execution in Counterparts; Electronic Signatures
This Task Order may be executed in counterparts, and, upon execution by each signatory, each executed counterpart shall have the same force and effect as an original instrument and as if all signatories had signed the same instrument. Any signature page of this Task Order may be detached from any counterpart of this Task Order without impairing the legal effect of any signature thereon, and may be attached to another counterpart of this Task Order identical in form hereto by having attached to it one or more signature pages.

The Parties may execute this Task Order by manual signature or by electronic signature, each of which shall have the same force and effect. A signed copy of this Task Order transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Task Order for all purposes, to the extent provided under applicable law, including California’s Uniform Electronic Transactions Act. [SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1467 359
SCPPA MGSA/MPSA (Rev. Sept. 12, 2023) Consultant Name
C-3
IN WITNESS WHEREOF, the parties have signed this Task Order as of the date first written above.

SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY
By:

MICHAEL S. WEBSTER
Executive Director
Approved as to Legal Form:
[NAME]
[Title]
[LEGAL ENTITY NAME]
By:
[PRINTED NAME IN CAPS]
[Printed Title]
Participating Member’s Acknowledgement and Agreement
The undersigned hereby attests that the undersigned has the requisite authority to bind the Participating Member to the obligations set forth in this Task Order No. [###]. Participating Member agrees to be responsible for any and all fees, costs and expenses invoiced to SCPPA by Contractor for work performed on behalf of, or for the benefit of, Participating Member pursuant to the Agreement.

Participating Member agrees to indemnify, defend and hold harmless SCPPA, all other Members and their respective directors, officers, agents, representatives, employees, successors and assigns from and against any and all losses, injuries, costs and expenses, damages, liens, claims, or liabilities, including reasonable attorney’s fees, incurred by SCPPA in connection with the Work performed for the benefit of, or on behalf of, Participating Member pursuant to this Task Order, except for the gross negligence or willful misconduct of SCPPA or such other SCPPA members, and their officers, agents, representatives or employees.

NAME OF PARTICIPATING MEMBER (required)
By:
[ PRINTED NAME IN CAPS]
[Title of Authorized Signatory]
Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1468 30
SCPPA MGSA/MPSA (Rev. Sept. 12, 2023) Consultant Name
C-4
Check here if Participating Member has indicated acknowledgement and agreement to pay for Work procured under this Task Order by letter from Participating Member’s General Manager addressed to SCPPA.

Docusign Envelope ID: 8E0D95D7-E18A-47A7-BDF6-EB8F429EF18A 1469 31
In Combined Energy and
Community Benefits
Homeowners Engaged
Trees Planted kWh Saved

E N V I R O N M E N T A L
B E N E F I T S :

IM P A CT OV E R 4 0 YE A R S
metric tons CO2
avoided/sequestered
tons air pollution
removed
gallons avoided
water runoff
Planting trees in communities is about so much more than planting trees. It’s about planting a more hopeful future, street by street. Thank you for joining the Arbor Day Foundation to plant a better world.

ARBORDAY.ORG
2025 IMPACT REPORT
942
$280,304 469
1,446,714
653.3 1.2 2,030,210
362
Arbor Day Foundation
TASK ORDER No.: BEU-01
Date: April 14, 2026
Project Description: Energy Saving Tree Program
Participating Member: City of Banning Electric Utility (BEU) Contractor: Arbor Day Foundation
Contractor, SCPPA and the Participating Member identified above agree that Contractor shall provide the Services specified herein pursuant to the terms and conditions of the Goods and Services Agreement (“Agreement”) between SCPPA and Contractor dated February 19, 2026, except as specifically modified herein. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Agreements.

Term
This Task Order shall commence upon issuance of a purchase order by SCPPA and shall terminate on the earlier of February 18, 2029, or the end of the Agreement’s term (the “Task Order Termination Date”). Any Goods received or Services provided by Contractor (i) prior to issuance of a SCPPA purchase order, or (ii) on or after the Task Order Termination Date without prior execution of an amendment hereto by the Parties, shall be at Contractor’s sole risk and without payment. SCPPA or Participating Member may terminate this Task Order, with or without cause, upon thirty (30) calendar days’ written notice to Contractor.

Scope of Services
Task 1:
 Provide a pre-selected list of available tree species for SCPPA and/or participating Member (collectively, the "Partner") to choose from.
 Source agreed upon quantity of containerized trees for Program. o Trees are to be bulk transported to Partner event site 24-48 hours before event. o Trees are guaranteed to arrive to Partner selected location in a good, healthy condition or Contractor will replace trees at no charge. o In case of direct delivery program, trees are to be delivered to Partner’s participant doorsteps following order submission in software.

Task 2:
 Maintain tree distribution website for Partner:
o Provide a custom url for Partner’s reservation website. o The online platform will be launched for reservations by date provided by Partner, dependent on if all info for launch has been received by Partner. o Tree fulfillment will be setup as either a direct to doorstep delivery or a local pickup model offering agreed upon quantity of free trees to participants for planting in pre-approved, strategic planting zones to reduce energy usage. o Software/microsite customizations include:
 Approved Partner logo
 Interactive mapping tool
 i-Tree Tools scientific data on the long-term benefits of specific trees planted around customer’s house (including energy savings, air quality, and carbon emissions)
363
Arbor Day Foundation
 Customized welcome message and terms and conditions statement (will require each participant to accept these terms for each order submitted.)  Order confirmation email will vary slightly depending on program model that customer has selected. Email will include a map showing the agreed upon energy saving planting location.
 Provide a specific toll-free customer service line to answer participant questions surrounding the Program.
 Pre-event reminder email
 Collect and provide a wait list of Partner participants who express interest after trees are depleted.
 Provide an invoice to Partner
 Provide dashboard login access to allow Partner to access and download all data related to the Program including all customer orders and environmental data.

Task 3:
 Work with Partner for post-Program survey to be sent to participants.  Provide Program summary report to Partner. Report to include statistics about Program's energy benefits (kWh and therms conserved) and community benefits (lbs of CO2 sequestered and avoided, gallons storm water conserved, lbs of air filtered) and other key performance indicators. Report will be provided to Partner.

Compensation and Schedule
Contractor shall be paid for the Work performed pursuant to the Task Order based on the prices provided in Exhibit B of the Agreement. Contract shall be paid an amount not to exceed fortyfive thousand ($45,000) for all Workperformed pursuant to this Task Order (the “Task Order Not to Exceed Amount”). Contractor shall provide notice to SCPPA and Participating Member prior to and upon reaching the Task Order Not to Exceed Amount. Any Goods received or Services provided by Contractor in excess of the Task Order Not to Exceed Amount, without prior execution of an amendment hereto by the Parties, shall be at Contractor’s sole risk and without payment. For avoidance of doubt SCPPA and Participating Member shall not be liable for any unauthorized excess billings whatsoever.

Representative of Participating Member
Amber Rockwell
City of Banning Electric Utility
176 E. Lincoln St
Banning, CA 92220
951-849-5224
[email protected]
Execution in Counterparts; Electronic Signatures
This Task Order may be executed in counterparts, and, upon execution by each signatory, each executed counterpart shall have the same force and effect as an original instrument and as if all signatories had signed the same instrument. Any signature page of this Task Order may be detached from any counterpart of this Task Order without impairing the legal effect of any 364
Arbor Day Foundation
signature thereon, and may be attached to another counterpart of this Task Order identical in form hereto by having attached to it one or more signature pages.

The Parties may execute this Task Order by manual signature or by electronic signature, each of which shall have the same force and effect. A signed copy of this Task Order transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Task Order for all purposes, to the extent provided under applicable law, including California’s Uniform Electronic Transactions Act. [SIGNATURE PAGE FOLLOWS]
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Arbor Day Foundation
IN WITNESS WHEREOF, the parties have signed this Task Order as of the date first written above.

SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY
By: __________________________________
Daniel E Garcia
Executive Director Approved as to Legal Form:
__________________________________
Armando Arballo
Assistant General Counsel
and;

ARBOR DAY FOUNDATION
By:

Kristen Bousquet
Program Development Manager
Participant’s Acknowledgement and Agreement
The undersigned hereby attests that the undersigned has the requisite authority to bind the Participating Member to the obligations set forth in this Task Order No. BEU-01. Participating Member agrees to be responsible for any and all fees, costs and expenses invoiced to SCPPA by Contractor for work performed on behalf of, or for the benefit of, Participating Member pursuant to the Agreement.

CITY OF BANNING ELECTRIC UTILITY
By: __________________________________
Elizabeth Gibbs
City Manager
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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: April 14, 2026
SUBJECT: Consideration of Resolution 2026-63, Approving a Finance Director Employment Agreement
RECOMMENDATION:

Adopt Resolution 2026-63
BACKGROUND:

During the July 8 City Council meeting, significant staffing and organizational changes prompted the reclassification of the Administrative Services Director position to Finance Director. The Finance Director now oversees Fiscal Services, Information Technology, Purchasing, and Utility Billing.

The City partnered with The WBCP Team, Inc., an executive recruitment firm, to conduct the search.

After about one month of advertising, WBCP received 104 applications and shortlisted eight candidates.

City staff then selected the top candidates for interviews. The City Manager and executive team interviewed the leading finalist to ensure they understood the City of Banning's financial landscape and current priorities. Following interviews and a final debrief, Ms. Jennifer Terry was identified as the top candidate for the Finance Director position.

Jennifer Terry brings more than 20 years of progressive municipal finance experience, with deep expertise in budgeting, forecasting, financial reporting, procurement, payroll oversight, and long term strategic planning. She currently manages a $189 million operating budget for the City of Murrieta, leads key financial functions, and has a strong track record of improving financial transparency through timely reporting and public-facing tools. Her experience includes developing complex multi year budgets, overseeing audits and ACFR completion, managing large investment portfolios, and implementing major financial systems and transparency platforms. Jennifer's leadership, combined with multiple GFOA and CSMFO awards for excellence in budgeting and financial reporting, demonstrates her high level of technical skill, integrity, and readiness to serve as Finance Director.

The Employment Agreement is consistent with the compensation and benefits established by Resolution No. 2019-41, establishing maximum compensation and benefits for department directors.

JUSTIFICATION:

The Finance Director position is critical to successful operations of the Finance Department. Ms. Terry is highly qualified and has the experience necessary to successfully perform the duties of the position.

FISCAL IMPACT:

The 2025/2026 budget includes funding for the Finance Director position. The fiscal impact of this 367
agreement includes a starting annual base salary of $194,502.99, along with a $20,000.00 annual cafeteria benefit and monthly stipend for vehicle use totaling $250.00.

ATTACHMENTS:

1. Terry, Jennifer_Employment Agreement _0402026.docx

2. Finance Director Rev09.2025.pdf

3. Resolution_2025-168__EA_Jennifer Terry.doc
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CITY OF BANNING

FINANCE DIRECTOR EMPLOYMENT AGREEMENT
This FINANCE DIRECTOR EMPLOYMENT AGREEMENT (hereinafter referred to as the “AGREEMENT”) is entered into and made effective the 20th day of April, 2026, by and between the CITY OF BANNING, a general law city and municipal corporation (hereinafter referred to as the “CITY”) and Jennifer Terry, an individual (hereinafter referred to as “EMPLOYEE”), who is qualified to serve as Finance Director. For purposes of this AGREEMENT, CITY and EMPLOYEE may be collectively referred to as the “Parties” or individually as a “Party.”

R E C I T A L S
WHEREAS, California Government Code section 34851 authorizes a city manager form of government, which position is prescribed by state law and the CITY’s Municipal Code; and WHEREAS, California Government Code section 34856 provides that the City Manager, in cities operating under the City Manager form of government, may appoint and dismiss Department Directors and other subordinate appointive offices and employees; and WHEREAS, the duties of the Finance Director are set forth in Exhibit “A” to this AGREEMENT; and
WHEREAS, the CITY requires the services of a Finance Director; and WHEREAS, based on EMPLOYEE’s executive and administrative qualifications and ability, the City Manager desires to appoint EMPLOYEE to serve as the Finance Director for the CITY; and WHEREAS, the Parties agree that EMPLOYEE has the necessary qualifications and experience to perform as the Finance Director for the CITY; and
WHEREAS, EMPLOYEE desires to perform and assume responsibility for the provision of Finance Director services to the CITY and the Finance Department; and WHEREAS, the Parties wish to establish the terms and conditions of EMPLOYEE’s provision of Finance Director professional services to the CITY through this AGREEMENT; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the CITY and EMPLOYEE hereby agree as follows:

1.0 EMPLOYMENT & DUTIES

1.1 Duties. The City Manager hereby appoints EMPLOYEE as Finance Director for the CITY to perform the functions and duties of that position, as described in Exhibit “A” to this AGREEMENT, the California Government Code, and such other legally permissible and proper duties and functions as the City Manager shall, from time to time, direct or assign to EMPLOYEE. CITY reserves the right to amend Banning Municipal Code, as it deems necessary and appropriate, without requiring EMPLOYEE’s acquiescence or an amendment of this AGREEMENT. EMPLOYEE agrees to perform all such functions and duties to the best of his ability and in an efficient, competent, and ethical manner.

1.2 Work Schedule. It is recognized that the Finance Director is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and 369
must devote a great deal of time outside the normal office hours to the business of the CITY. EMPLOYEE acknowledges that proper performance of the duties of Finance Director will require EMPLOYEE to generally observe normal business hours (currently 8:00 a.m. to 5:00 p.m., Monday through Friday, including a standard one hour-lunch period), as set by the CITY and as may be duly revised from time-totime by the CITY, and will also often require the performance of necessary services outside of normal business hours. EMPLOYEE’s compensation (whether salary or benefits) is not based on hours worked.

Furthermore, the Finance Director position remains an “exempt” classification under the overtime provisions of the federal Fair Labor Standards Act (“FLSA”) and EMPLOYEE shall not be entitled to any compensation for overtime nor subject to such overtime provisions of the FLSA.

1.3 FLSA Exempt Status. EMPLOYEE acknowledges and agrees that the Finance Director position is that of an exempt employee of the CITY for the purposes of the FLSA.

1.4 Other Activities. EMPLOYEE shall focus his/her professional time, ability, and attention to the CITY’s business during the term of this AGREEMENT. EMPLOYEE shall not engage, without the express prior written consent of the City Manager, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the CITY, that might cause a conflict-of-interest with the CITY, or that otherwise might interfere with the business or operation of the CITY or the satisfactory performance of the functions and duties of the Finance Director.

1.5 Employment Status. Upon appointment to the Finance Director position, EMPLOYEE shall serve at the will and pleasure of the City Manager and understands that by accepting the Finance Director appointment, he/she shall be an “at-will” employee and shall be subject to summary dismissal without any right of notice or hearing, except as required by law, including any pre-disciplinary “Skelly” hearing. The CITY may terminate EMPLOYEE at any time in accordance with Section 3.4 below, and as permitted by all applicable laws.

1.6 Exemption from Personnel System. BMC §2.68.020(E) expressly exempts the Finance Director from the CITY’s Personnel System established in BMC Chapter 2.68. EMPLOYEE understands, acknowledges and agrees that EMPLOYEE is exempt from the CITY’s Personnel System.

1.7 CITY Documents. All data, studies, reports and other documents prepared by EMPLOYEE while performing his duties during the term of this AGREEMENT shall be furnished to and become the property of the CITY, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to EMPLOYEE in connection with the performance of this AGREEMENT shall be held confidential by EMPLOYEE to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by EMPLOYEE, without the prior written consent of the City Manager, for any purposes other than the performance of EMPLOYEE’s duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this AGREEMENT, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.
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2.0 COMPENSATION AND REIMBURSEMENT

2.1 Salary. For the services rendered pursuant to this AGREEMENT, EMPLOYEE shall be placed at Range D06, Step 4 which at the time of executing this agreement is annually ($194,502.99) per year (“Salary”), which shall be paid on a pro-rated basis bi-weekly at the same time as other employees of the CITY are paid, effective on the day EMPLOYEE commences work for the CITY. Such Salary shall be subject to all permissible and required withholdings as determined by state and federal law and as determined appropriate by the City Council.

2.2 Salary Review. The EMPLOYEE salary is set at Step 4 of the range. It is understood that annual Step adjustments will be approved based upon satisfactory performance evaluations. Any other salary adjustments will be those based upon the Consumer Price Index (CPI), unless a future Compensation Study is approved by the City Council.

2.3 Salary Adjustment. EMPLOYEE’s base salary and benefits package have been established by the AGREEMENT. Annual adjustments in the base salary will be established by City Council resolution.

2.4 Business Expense Reimbursements. CITY shall reimburse EMPLOYEE for reasonable and necessary travel, subsistence, and other CITY related business expenses incurred by EMPLOYEE in the performance of his duties. All reimbursements shall be subject to and in accordance with California law, the CITY’s adopted policies, and IRS rules for reporting compensation through payroll or reimbursement through accounts payable.

3.0 TERM

3.1 Commencement & Effective Date. EMPLOYEE shall commence service hereunder at 8:00 a.m. Pacific Daylight Time on April 20, 2026 in the event EMPLOYEE commences services on a date other than April 20th, 2026 such date shall be deemed the effective date of this AGREEMENT (“Effective Date”).

3.2 Term. CITY hereby employs EMPLOYEE for an initial term of five (5) calendar years commencing on the AGREEMENT’s Effective Date and continuing to and including April 20 th
, 2031,
subject to termination by the City Manager or by EMPLOYEE, with or without cause, as hereinafter provided in Sections 3.3 and 3.4, at the conclusion of which this AGREEMENT shall automatically terminate. Prior to such automatic termination, the CITY shall have the option to unilaterally extend the Term of this AGREEMENT for an additional five (5) years, subject to termination by the City Manager or by EMPLOYEE, with or without cause, as hereinafter provided in Sections 3.3 and 3.4. Additionally, the Term of this AGREEMENT may be extended upon mutual concurrence from the City Manager and the EMPLOYEE, as evidenced by a writing signed by both parties. The CITY agrees that in the last year of the initial five-year Term of the AGREEMENT, and in the last year of the Term of the AGREEMENT should the Term of the AGREEMENT be extended beyond its initial five years, the annual evaluation will be performed at least six (6) months prior to the expiration of the term.

3.3 Termination by EMPLOYEE. EMPLOYEE may terminate this AGREEMENT at any time, provided EMPLOYEE provides the City Manager with at least thirty (30) days’ advance written notice. In the event EMPLOYEE terminates this AGREEMENT, EMPLOYEE expressly agrees that EMPLOYEE shall not be entitled to any severance pay.
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3.4 Termination by CITY. The City Manager may terminate this AGREEMENT at any time with or without cause, by providing written notice of the reason(s). The City Manager’s right to terminate EMPLOYEE pursuant to this Section 3.4 shall not be subject to or in any way limited by the CITY’s Rules and Regulations of the Personnel System (Resolution No. 1974-22), or any subsequent related resolutions, or past CITY practices related to the employment, discipline or termination of the CITY’s employees. EMPLOYEE expressly waives any rights provided for the Finance Director under the CITY’s Rules and Regulations of the Personnel System (Resolution No. 1974-22), Municipal Code, or under other local, state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination, except as to rights that by law cannot be waived.

Nothing herein shall be construed to create a property interest, where one does not exist by rule of law in the position of Finance Director. Notwithstanding this Section 3.4, upon appointment to the Finance Director position, EMPLOYEE remains an at-will employee serving at the pleasure of the City Manager. (a) Termination by CITY for Cause. The City Manager may terminate this AGREEMENT at any time by providing EMPLOYEE with five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not limited to any of the following: 1) breach of this AGREEMENT, 2) willful or persistent material breach of duties, 3) résumé fraud or other acts of material dishonesty, 4) unauthorized absence or leave, 5) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality), conviction of a misdemeanor DUI, or conviction of a felony (the CITY may, in its discretion, place EMPLOYEE on paid or unpaid administrative leave until resolution of charges brought against EMPLOYEE), 6) violation of the CITY’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a CITY official or employee or legally prohibited personal acts of discrimination against a CITY official or employee has occurred, 7) violation of the CITY’s Municipal Code, ordinances, rules, and regulations, including but not limited to the CITY’s Rules and Regulations of the Personnel System (Resolution No. 1974-22) and Administrative Policies, 8) use or possession of illegal drugs, 9) engaging in conduct tending to bring embarrassment or disrepute to the CITY, 10) any illegal or unethical act involving personal gain, 11) pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted directions or policy decisions of the City Manager, and 12) gross misfeasance or gross malfeasance. If the City Manager terminates for cause this AGREEMENT and the services of EMPLOYEE hereunder, the CITY shall have no obligation to pay EMPLOYEE any severance. (b) Termination by City Manager Without Cause. By providing EMPLOYEE at least thirty (30) days’ prior written notice thereof, the City Manager may terminate EMPLOYEE without cause but rather based upon management reasons such as implementing the CITY’s goals or policies, including but not limited to: i) change of administration, or ii) incompatibility of management styles. In the event EMPLOYEE is terminated without cause, EMPLOYEE expressly agrees that EMPLOYEE shall be entitled to severance pay, as the result of the termination of this AGREEMENT, as provided in Section 4.1 below.

4.0 SEVERANCE

4.1 Severance Pay. In the event EMPLOYEE is terminated without cause and EMPLOYEE does not challenge such termination, including but not limited to, by means of appeal or civil or administrative claim or liberty hearing, then CITY shall pay to EMPLOYEE severance as follows:
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4.1.1 CITY shall pay to EMPLOYEE severance in an amount equal to EMPLOYEE’s monthly base salary then in effect multiplied by six (6).

4.1.2 CITY shall pay the cost for medical, dental and vision insurance for EMPLOYEE and all dependents for a period of three months after the date of termination or until EMPLOYEE is eligible for insurance coverage through other employment, whichever occurs first.

4.1.3 In the event that this AGREEMENT expires by its own terms and not by resignation of EMPLOYEE or early termination by City Manager, then EMPLOYEE shall not be entitled to any severance.

4.1.4 Notwithstanding any other provision of this paragraph 4.1, should such proposed severance payment exceed the amount authorized to be paid under Government Code Section 53260, then the amount paid to EMPLOYEE shall be reduced in the amount necessary to comply with such statute. (Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than eighteen (18) months if the unexpired term exceeds 18 months).

4.2 No Severance Pay if Termination for Cause or Initiated by EMPLOYEE. As provided in Section

3.4(a), should EMPLOYEE be terminated for cause, the CITY shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3, should EMPLOYEE initiate termination of this AGREEMENT, the CITY shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 4.1 above, should this AGREEMENT expire by its own terms without early termination by EMPLOYEE or City Manager, then the CITY shall have no obligation to pay the severance provided for in Section 4.1.

4.3 Sole Rights. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of EMPLOYEE with respect to severance pay in the event of the termination, other than for cause or by expiration of the AGREEMENT. EMPLOYEE expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of the standard “Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit “C.”

5.0 PERFORMANCE EVALUATIONS

5.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to EMPLOYEE so as to facilitate a more effective management of the CITY.

Nothing herein shall be deemed to alter or change the at-will employment status of EMPLOYEE as Finance Director (as set forth in Section 1.5 above), nor shall this Section 5.0 be construed as requiring “cause” to terminate this AGREEMENT, or the services of EMPLOYEE hereunder.

5.2 Annual Evaluation. The City Manager shall conduct a formal or informal review and evaluate the performance of EMPLOYEE on an annual basis. Such review shall be conducted on or within four (4) weeks of the anniversary date of EMPLOYEE’s appointment to the position of Finance Director, using an evaluation form to be approved by City Manager.

6.0 BENEFITS AND OTHER COMPENSATION
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6.1 Professional Development. The CITY recognizes its obligation to the professional development of its Finance Director and agrees that EMPLOYEE shall be given adequate opportunities to develop and maintain skills and abilities as a public administrator. EMPLOYEE is expected and encouraged to and does agree to participate in professional organizations and to attend area and regional meetings and conferences related to matters of interest to the CITY consistent with the time required for such attendance in relationship to EMPLOYEE’s other responsibilities as determined by the City Manager. As budget permits, the CITY hereby agrees to budget an amount to be determined in the exercise of its sole discretion to pay the cost, travel and subsistence expense of EMPLOYEE for professional and/or official travel, meetings, and occasions adequate to continue professional development of EMPLOYEE and to adequately pursue necessary official functions for the CITY. These activities shall include membership in at least two professional associations and attendance of at least two annual professional development conferences. EMPLOYEE shall be responsible for maintaining any professional certifications recognized as necessary or desirable in the performance of the duties hereunder. Tuition will be reimbursed to EMPLOYEE for professional and technical courses approved by the City Manager and taken in an accredited educational institution provided that: i) the subject matter of the course relates directly to and contributes toward the Finance Director position with the CITY; ii) EMPLOYEE has received at least a competent proficiency rating on the last performance evaluation report; and iii) EMPLOYEE has furnished evidence that the course has been completed with at least a “C” or “pass” grade.

As permitted by the budget, and in an amount to be determined at the sole discretion of the City, the CITY agrees to budget and pay for travel and subsistence expenses of EMPLOYEE for short courses, institutes, and seminars that are necessary for EMPLOYEE’s professional development and for the good of the CITY. As provided for in the budget, the CITY agrees to pay for professional dues and subscriptions of EMPLOYEE reasonably related to the professional growth, development, education and training of EMPLOYEE.

All reimbursable expenses under this Section must be approved in advance by the City Manager.

6.2 Paid Leave.
(a) Sick Leave. EMPLOYEE shall be entitled to ninety-six (96) hours of sick leave annually, with the right to cash in a maximum of ninety-six (96) hours annually. A minimum of forty (40) sick leave hours must be left in the bank at time of cash out. Sick leave shall accrue at the rate of 3.69 hours per pay period. Any sick leave cash out request must be made no later than November 1st of each year, and payment of the cash out shall be made in the last check issued in November. Sick leave may only be accrued to a maximum of four hundred eighty (480) hours at which point sick leave accrual will cease until the accrued hours fall below the maximum of four hundred eighty (480) hours. Sick leave must be used and deducted from accruals on a minute-by-minute basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. Upon termination for any reason, EMPLOYEE shall be entitled to one hundred percent (100%) of the unused sick leave on the books then existing.
(b) Vacation Leave. EMPLOYEE shall be entitled to one hundred sixty (160) hours of vacation leave annually, with the right to cash in a combined maximum of eighty (80) vacation leave hours annually from any vacation leave bank. A minimum of eighty (80) vacation leave hours must be left in the regular vacation bank at time of cash out. If EMPLOYEE accrues greater than three hundred (300) 374
hours of vacation time, then he may request a one-time cash out of fifty percent (50%) of the total available vacation hours to be paid at his current pay rate. Vacation leave shall accrue at the rate of 6.15 hours per pay period. Vacation leave may only be accrued to a maximum of four hundred eighty (480) hours at which point vacation leave accrual will cease until the accrued hours fall below the maximum of four hundred eighty (480) hours. Vacation leave must be used and deducted from accruals on a minuteby-minute basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. Upon termination, for any reason, EMPLOYEE shall be entitled to one hundred percent (100%) of the unused vacation leave on the books then existing. A vacation leave bank of forty (40) hours will be established as of the employment date. (c) Executive Leave. EMPLOYEE shall be entitled to ninety-eight (98) hours annual accrual with a maximum accrual cap of two-hundred (200) hours. Leave will be earned at a rate of 3.77 hours per pay period. A maximum of ninety-eight (98) hours of Executive Leave may be cashed out annually. (d) Holiday Leave. EMPLOYEE shall be granted the following holidays: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Juneteenth, Fourth of July, Labor Day, Veteran’s Day, Thanksgiving, Day after Thanksgiving, Christmas Eve, Christmas and New Year’s Eve. In addition, one (1) floating holiday will be credited to EMPLOYEE’s Holiday Leave bank July 1st each year. Leave balances must be used during the fiscal year or they may be cashed out with City Manager approval according to Administrative Policy A-30. If the City Council recognizes an additional holiday for City employees, said holiday shall be extended to EMPLOYEE. Holiday leave must be used and deducted from accruals in increments of no less than one hour for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours.
(e) Bereavement Leave. In the event of the death of a member of EMPLOYEE’s family, including EMPLOYEE’s spouse, domestic partner, mother, father, brother, sister, child, grandchild, or grandparent or any one of the same relatives of EMPLOYEE’s spouse or domestic partner, EMPLOYEE shall be allowed thirty (30) hours of bereavement leave for each death of a family member. Bereavement leave must be used and deducted from the total allowed hours in increments of no less than five hours for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. In the event of the death of a spouse or multiple family deaths occurring within a 24-hour period, EMPLOYEE shall be allowed forty (40) hours of total bereavement leave for this unfortunate event.

6.3 Cafeteria/Health & Welfare Benefits. EMPLOYEE shall be entitled to receive from the CITY an annual cafeteria benefit in an annual amount capped at Twenty Thousand Dollars ($20,000.00), for the purchase of health and welfare benefits under any approved plan provided by the CITY. Said contribution shall first be used to provide for health insurance for the EMPLOYEE. EMPLOYEE may use funds for any of the CITY’s medical plans or, upon proof of coverage under another acceptable health plan as determined by the CITY’s Human Resource Department, this amount may be taken as taxable income or converted to a 457 Plan or CITY sponsored Medical Savings Account. EMPLOYEE may increase the benefit annually using CPI or the average of all CITY health insurance premium increases as long as it stays within the maximum parameters established by City Council for department heads. EMPLOYEE may elect to receive ninety-two and five-tenths percent (92.5%) of the balance in cash as CalPERS nonincludable taxable income or converted to a 457 plan or CITY sponsored Medical Savings Account. 375

6.4 Retirement.
(a) Retirement Plan. EMPLOYEE will be enrolled in CITY’s retirement plan with the California Public Employees’ Retirement System (CalPERS), subject to the applicable benefit formula, terms and conditions provided in the contract between the CITY and CalPERS and also subject to applicable state law and regulations. It is the understanding of the Parties that Employee is a “Classic Member” under the Public Employees’ Pension Reform Act of 2013 and will be covered by the 2.0% at 60 formula. In the event of any conflict between this Agreement and the CITY’s CalPERS contract or the applicable laws and regulations, the latter shall prevail.
(b) Employee Contribution. EMPLOYEE shall be responsible for the full member contribution for EMPLOYEE’s CalPERS retirement plan. There shall be no employer paid member contributions.

6.5 Automobile. EMPLOYEE shall receive Two Hundred Fifty Dollar ($250.00) per month as and for a car allowance for use of a personal vehicle in pursuit of recognized official duties.

6.6 CITY Flexible Spending Plan. EMPLOYEE is entitled to participate in the CITY’s Flexible Spending Plan to the same extent as enjoyed by any other employee.

6.7 Life Insurance. In addition to the annual cafeteria benefit, the CITY will pay annual premiums for life insurance for EMPLOYEE with a benefit/coverage amount of One Hundred Fifty Thousand Dollars ($150,000.00) during EMPLOYEE’s employment.

6.8 Business Equipment. The CITY will finance at no interest to EMPLOYEE the purchase of any job-related personal tools or equipment, such as a computer, cell phone, etc., that serve the professional development of EMPLOYEE. Such tools or equipment shall be approved in advance by the City Council at its sole discretion and the amount financed shall not exceed the value of one month’s base salary of EMPLOYEE. Repayment to the CITY shall be made by payroll deductions until the amount loaned is completely repaid. The maximum period for repayment shall be two (2) years. Should EMPLOYEE terminate employment, then the remaining loan amount repayment shall be accelerated and become fully due and owing as of the termination date and may be deducted from any wages owed, including any severance payment to be made.

6.9 Bonding. CITY shall bear the full cost of any fidelity or other bonds required for EMPLOYEE under any law or CITY ordinance.

6.10 Education Pay. The CITY agrees to pay to EMPLOYEE the sum of Two Hundred and Seventy Five Dollars ($275.00) per month for a Master’s Degree.

6.11 Eyewear/Eyecare Reimbursement. EMPLOYEE shall be entitled to reimbursement for expenses incurred and paid by EMPLOYEE and/or dependents in obtaining prescription eyewear or medical care from a licensed Optician, Optometrist or Ophthalmologist. Such amount is limited to a total for all expenses of Three Hundred Dollars ($300.00) every two years commencing on the date of this AGREEMENT. Thereafter, reimbursement will occur two years from the date of the previous reimbursement.

6.13 Utility Allowance. Should EMPLOYEE reside within the CITY limits, then EMPLOYEE shall be entitled to receive a utility credit in the amount of One Hundred Fifty Dollars ($150.00) per month against the cost of electric and water service during the period of such residency. In the event 376
EMPLOYEE’s spouse or a member of EMPLOYEE’s household also is employed by the CITY and is eligible for this utility allowance, only one of either EMPLOYEE or EMPLOYEE’s spouse or member of EMPLOYEE’s household shall be eligible for such utility allowance.

6.14 Disability Program. EMPLOYEE agrees to pay the cost of membership in the CITY-approved short-term/ long-term disability insurance program. EMPLOYEE agrees that such premiums will be paid with after-tax dollars in order to maintain the tax-free benefit status to both the CITY and EMPLOYEE in the event benefits are paid. It is agreed between the Parties that in the event of disability, EMPLOYEE shall enjoy all the rights and privileges to which EMPLOYEE is entitled under state and federal law.

7.0 INDEMNIFICATION
To the extent mandated by the California Government Code, the CITY shall defend, hold harmless, and indemnify EMPLOYEE against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of EMPLOYEE’s services under this AGREEMENT. This section shall not apply to any intentional tort or crime committed by EMPLOYEE, to any action outside the course and scope of EMPLOYEE’s employment, or any other intentional or malicious conduct or gross negligence of EMPLOYEE.

8.0 OTHER TERMS – CONDITIONS OF EMPLOYMENT

8.1 The City Manager, in consultation with EMPLOYEE, shall establish any such other terms and conditions of employment as it may determine from time to time, provided such terms do not exceed the maximum salary and benefits approved by the City Council and are reduced to writing and signed by EMPLOYEE and the City Manager.

9.0 GENERAL PROVISIONS

9.1 Entire AGREEMENT. This AGREEMENT represents the entire AGREEMENT and understanding between the Parties and supersedes any and all other agreements and understandings, either oral or in writing, between the Parties with respect to EMPLOYEE’s employment by the CITY and contains all of the covenants and agreements between the Parties with respect to such employment. No ordinances or resolutions of CITY governing employment, including the Personnel System, shall apply unless specified herein. Each Party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either Party, or anyone acting on behalf of either Party, which are not embodied herein, and that no other agreement, statement or promises not contained in this AGREEMENT shall be valid or binding upon either Party.

9.2 Amendment. This AGREEMENT may be amended at any time by the mutual consent of the Parties by an instrument in writing, which amendment shall require City Council approval.

9.3 Notices. Any notice required or permitted by this AGREEMENT shall be in writing and shall be personally served or shall be sufficiently given when served upon the other Party as sent by United States Postal Service, postage prepaid and addressed as follows:

To CITY: To EMPLOYEE:

City Manager Jennifer Terry
377
City of Banning [On file with Human Resources Dept.]
P.O. Box 998
Banning, California 92220
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.

9.4 Conflicts Prohibited. During the term of this AGREEMENT, EMPLOYEE shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of EMPLOYEE’s duties under this AGREEMENT.

EMPLOYEE shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1126 of the Government Code, and all other similar statutory and administrative rules.

9.5 Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this AGREEMENT by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

9.6 Partial Invalidity. If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

9.7 Governing Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each Party hereto.

9.8 Government Code §§ 53243 - 53243.4. Assembly Bill 1344, which was subsequently enacted as Government Code §§ 53243 - 53243.4, sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. These statutes also require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of his office or position to provide reimbursement to the local agency. These statutes are incorporated herein by reference. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this AGREEMENT and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are called out and hereby incorporated by this AGREEMENT:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
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§53243.3. Reimbursement of non-contractual payments upon conviction or crime involving office or position.
§53243.4. “Abuse of office or position” defined.

EMPLOYEE represents that EMPLOYEE has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to EMPLOYEE, including that EMPLOYEE agrees that any cash settlement or severance related to a termination that EMPLOYEE may receive from the CITY shall be fully reimbursed to the local agency if EMPLOYEE is convicted of a crime involving an abuse of EMPLOYEE’s office or position.

9.9 Independent Legal Advice. The CITY and EMPLOYEE represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this AGREEMENT, or had the opportunity to do so, and the CITY and EMPLOYEE further represent and warrant that each has carefully reviewed this entire AGREEMENT and that each and every term thereof is understood and that the terms of this AGREEMENT are contractual and not a mere recital. This AGREEMENT shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.

IN WITNESS WHEREOF, the City of Banning has caused this AGREEMENT to be signed and executed on its behalf by its City Manager, and duly attested by its officers thereunto duly authorized, and EMPLOYEE has signed and executed this AGREEMENT.

CITY OF BANNING
City Manager
APPROVED AS TO FORM:

City Attorney
Jennifer Terry
379

JOB DESCRIPTION
TITLE: Finance Director JOB CODE: 1110
DEPARTMENT: Fiscal Services EFFECTIVE DATE: 9/14/2021
REPORTS TO: City Manager FLSA STATUS: Exempt
SUPERVISES: Budget & Financial Analyst, Customer Service & Billing Manager, Purchasing Manager and Finance
Department
UNION STATUS: Unrepresented,
Executive
SALARY: D06

JOB PURPOSE/SUMMARY
Under general direction of the City Manager, the Finance Director functions as the City’s chief financial officer and is responsible for overall leadership and management of the Fiscal Services Department. The Director plans, organizes, directs and administers all of the City’s financial operations, including purchasing, payroll, accounting, business licensing, financial reporting, grant compliance, assessment district administration, debt management, revenue monitoring, budget development, capital project financial monitoring and investments, internal control, treasury functions and utility billing operations; and to perform related work as required. The incumbent is designated as confidential and shall be appointed “at-will” and serve at the pleasure of the City Manager.

ABOUT THE CITY OF BANNING
The City of Banning is located in the San Gorgonio Pass area of Southern California. The community of over 30,000 people is diverse with income levels slightly lower than other areas of Riverside County. However, growth and development is occurring rapidly, which will create new jobs, increase the population and raise income levels. Our employees are the most important asset in preserving our Proud History, Creating a Prosperous Tomorrow, and in responding to the community’s needs. The City provides competitive salaries, outstanding benefits and professional growth opportunities.

CITY VISION
The City of Banning promotes and supports a high quality of life that ensures a safe and friendly environment, fosters new opportunities and provides responsible, fair treatment to all and is the pride of its citizens.

CORE VALUES
 Customer Service Excellence: We excel in what we do by staying responsive, flexible, patient, effective, and professional.
 Integrity: We are ethical, accountable and compliant with our responsibility to the public and community.
 Teamwork: We work together and maintain great communication and respect and foster a fun and enjoyable atmosphere to take pleasure in what we do.
 Yes-Minded: We recognize diversity and maintain a positive attitude to do all we can to serve the community in the safest and most responsible manner.

Revised DATE: 9/9/2025
380

PERFORMANCE EXPECTATIONS
• Leadership: Contributes to a positive work culture consistent with the City of Banning Leadership Philosophy, actively welcomes new approaches to public service and supports change and process improvements at all levels within the organization. • Management: Able to independently assess and organize personal work performance while contributing to the overall organization.
• Teamwork: Demonstrates ability and willingness to work collaboratively with a team. • Communication: Communicates effectively with peers, supervisors, subordinates, and individuals to who service is provided.

ESSENTIAL FUNCTIONS
 Functions as a member of the City’s management team and works closely with the City Manager, Department Directors, and City Council on activities related to strategic planning and the development of City vision, mission and values.
 Plans, organizes, directs and evaluates the activities of the divisions comprising the Fiscal Services Department; ensures that the department’s programs are implemented in a manner consistent with the City’s goals and policies; determines major departmental policies, performs short- and long-range planning activities, and sets direction, goals, objectives and priorities for the department.  Directs and manages the City’s financial operations within limits prescribed by law and in accordance with guidelines established by generally accepted accounting principles and practices.  Directs the City’s financial planning functions including long range revenue projections and is responsible for facilitating long range financial planning, rate and fee analysis, and tax options.  Directs the City’s budget planning and reporting functions and is responsible for the collection, reporting, display, monitoring, and evaluation of expenditure information.  Directs and manages the City’s cash and investments and relations with the banking, financial and investment resources.
 Directs and manages the City’s long term financial management, including debt issuance, debt management, ongoing disclosure, and related functions.
 Directs and oversees the effective billing and collection of City accounts receivable, local taxes, and utility charges.
 Provides financial information to facilitate decision making; oversees the compilation and analysis of data; prepares materials for and makes presentations to elected officials, other agencies and the public; attends City Council meetings and other meetings as required.  Advises the City Manager, City Council and department directors regarding the budget preparation process, consequences of financial alternatives, and the presentation and recommendation of budget and fiscal options.
 Develops and administers departmental budgets, including forecast of funds for staffing, projects, equipment, materials and supplies, and monitoring of expenses; makes recommendations concerning priorities, allocation of funds, materials and personnel for departmental activities.  Monitors federal, state and other local legislation to determine impacts on financial policies and practices; prepares, coordinates and implements responses and recommendations.  Provides managerial assistance and supervision to subordinates in planning and implementing programs; selects, trains, motivates, coaches and evaluates staff; establishes and monitors employee performance objectives; reviews employee performance evaluations completed by the department management team; provides or coordinates staff training.  Meets regularly with staff to discuss and resolve priorities, workload and technical issues.  Facilitates problem solving in the department and encourages a high degree of communication and feedback between employees and supervisors; leads by example by maintaining high standards of behavior and performance.
 Maintains timely and regular attendance.
 Other duties as assigned.

KNOWLEDGE OF:
 City organization, operations, policies and procedures.  Structure, organization and interrelationships of City departments, agencies and related governmental agencies and offices affecting assigned functions.
381
 Current social, political and economic trends and operating problems of municipal government.  Organizational and management practices as applied to the analysis and evaluation of programs, policies and operational needs.
 Principles and practices of public accounting and finance, and municipal government budget preparation and administration.
 Rules and regulations governing public meetings.
 Sources of information related to a broad range of municipal programs, services and administration.  Pertinent Federal, State and local laws, codes and regulations.  Program and project management techniques and principles.  Research methods and report preparation and presentation.  Management practices in a union environment.
 Correct English usage, grammar, spelling, punctuation and vocabulary.

ABILITY TO:
 Develop short- and long-range goals, and plan, assign, coordinate and evaluate the work of subordinates.
 Analyze issues, evaluate alternatives and make logical recommendations based on findings.  Administer program goals and objectives; implement initiatives and recommendations in support of department and City goals.
 Foster cooperative group processes and efficiently use resources; delegate tasks and workload assignments.
 Develop and monitor departmental and program/project operating budgets, costs and schedules.  Assess and prioritize multiple tasks, projects and demands.  Supervise, lead, coach and use best management practices to improve staff performance.  Effectively administer a variety of city-wide programs.  Interpret and apply city policies, procedures, laws and regulations.  Support and model the identified vision, values and behaviors of the organization.  Establish and maintain effective working relationships.  Operate a personal computer utilizing a variety of standard and specialized software.  Communicate effectively both orally and in writing.

PREFERRED QUALIFICATIONS
A bachelor’s degree in finance, accounting, public administration or a related field and ten (10) years of public sector finance experience that includes five (5) years of management and/or supervision. A master’s degree in finance, business or public administration is preferred.

LICENSE AND CERTIFICATION REQUIREMENTS
 Valid California State driver’s license is required.
 Must be bondable.
 Successful completion of a pre-employment background check is required.  Certified Public Accountant (CPA), Certified Government Finance Officer (CGFO), or Certified Government Financial Manager (CGFM) designation is preferred.

WORKING CONDITIONS
The regular work schedule is generally Monday through Friday, 8 am to 5 pm. Work is primarily performed in an office which is busy, oriented to public service and subject to occasional work interruptions. Noise level is moderate. Frequent attendance at meetings before or after regular work hours is required.

PHYSICAL REQUIREMENTS
Continuous repetitive arm/hand movement is essential to performance. The incumbent in this position must be able to discern voice conversation, have the physical ability to perform essential job functions, and have hand-eye coordination sufficient to operate computers, do keyboarding and operate other office equipment. The incumbent must have the ability to produce legible handwritten documents and may need to push, pull, lift and carry up to 20 pounds.
382
The City of Banning is an equal opportunity employer. All employees and candidates for employment will be recruited, selected, trained, promoted, compensated and, if necessary, disciplined or terminated without regard to sex/gender, race, national origin, religion, creed, color, marital status, veteran status, age, national origin, pregnancy, sexual orientation, gender identity, disability, genetic information or any other basis prohibited by law.

While requirements may be representative of minimum levels of knowledge, skills and abilities to perform this job successfully, the incumbent will possess the abilities or aptitudes to perform each duty proficiently. This job description does not constitute an employment agreement between the Employer and Employee and is subject to change as the needs of the Employer and requirements of the job change. 383
Resolution 2026-63

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RESOLUTION 2026-63

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

APPROVING A FINANCE DIRECTOR EMPLOYMENT AGREEMENT
WHEREAS, the City Manager selected Jennifer Terry for the permanent position of Finance Director; and
WHEREAS, at the City Council regular meeting on April 14th, 2026, the Council considered a Finance Director Employment Agreement between the City of Banning and Jennifer Terry; and
WHEREAS, Jennifer Terry has confirmed her desire to serve as Finance Director for the City of Banning; and
WHEREAS, the parties agree that Jennifer Terry has the necessary qualifications and experience to perform as the Finance Director for the City.

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

SECTION 1. The City Council approves the Finance Director Employment Agreement with Jennifer Terry, and authorizes the City Manager to make necessary non-substantive changes to and execute said Agreement.

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

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

PASSED, APPROVED AND ADOPTED this 14th day of April 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning
384
Resolution 2026-63

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APPROVED AS TO FORM:

John Pinkey, City Attorney
SBEMP
385
Resolution 2026-63

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CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-63, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of April 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
386
Resolution 2026-63

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Exhibit A
Employment Agreement with Jennifer Terry
387

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Elizabeth Gibbs, City Manager
MEETING DATE: April 14, 2026
SUBJECT: Approve Modifications to Section 10.3, 10.6, and 12.2 of the City of Banning Manual of Procedural Guidelines
RECOMMENDATION:

Approve modifications to Sections 10.3, 10.6, and 12.2 of the City of Banning Manual of Procedural Guidelines
BACKGROUND:

On December 9, 2025, under items for future agendas, Council Member Flynn requested a future agenda item to consider modifications to the City of Banning Manual of Procedural Guidelines (“Manual”) including section 10.3 related to how votes to abstain are counted.

On February 24, 2026, the City Council considered modifications to the City of Banning Manual of procedures including Sections 10.3, 10.6, and 12.2. After discussion and deliberation by the City Council, the City Council directed staff to modify Sections 10.3 and 10.6 to reflect that abstentions will not be treated as yes or no votes but will count for purposes of determining a quorum and Section 12.2 be deleted in its entirety.

JUSTIFICATION:

N/A
FISCAL IMPACT:

The cost to prepare this report and modifications to the Manual and any further action by the City Council.

ATTACHMENTS:

1. Resolution_2026-58__Manual_of_Procedural_Guidelines.docx

2. Banning Procedural Manual.Revised.Final.pn (002).pdf

3. Banning Procedural Manual.Revised.Final.clean..docx
388
Resolution 2026-58

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RESOLUTION 2026-58

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

ADOPTING THE AMENDED CITY OF BANNING MANUAL OF PROCEDURAL GUIDELINES WHEREAS, on October 23, 2012, this City Council adopted Resolution No. 2012-83 approving the Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings ("Manual"); and
WHEREAS, on April 23, 2013, the City Council adopted Resolution 2013-48 amending Article VII – Public Comment and Presentations – of the Manual to encompass and provide guidance for groups making presentations to the City Council and amend the time limit to speak during public comments to allow for up to five minutes to speak during a noticed public hearing; and
WHEREAS, on November 12, 2013, the City Council adopted Resolution 2013-103 adopting amendments to the Manual relating to decorum at legislative body meetings; and WHEREAS, on May 26, 2020, the City Council adopted Resolution 2020-67 adopting time limits for public comments on items not on the agenda; and WHEREAS, on February 14, 2023, the City Council adopted Resolution 2023-34, amending the Manual to add a City Treasurer’s Report under “Announcements and Reports” on the agendas of all regular meetings of the City Council; and, WHEREAS, on October 8, 2024, the City Council adopted Resolution 2024-164 amending the Manual to Include the following changes:
 Title was revised to be more succinct and clearer.
 The word "contract" (only when referring to "contracts and agreements") has been removed as duplicative.
 Article 1 (“Scope of Manual”) was revised to provide that: (i) the procedures in the Manual are in addition to Robert’s Rules of Order (“Robert’s Rules”); and (ii) if there is any conflict between Robert’s Rules and the Manual, the provisions of the Manual shall govern.  Section 3.5 (“Preparation of Agendas”) was revised to clarify the process for Legislative Body members to place business items on the regular meeting agenda under “Items for Future Agendas (New Items; Existing Items).”
Section 3.14 (“Minutes and Recordings”) was revised to specify that the minutes are a record of the actions taken by the Legislative Body. This Section was also revised to prohibit Legislative Body members from attaching written comments to the minutes.  In Section 4.1 ("Generally"), the reference to no minutes taken was removed as it contradicts language in the same section.
 In Section 5.1 (“Order of Business”), the listed order of business for meetings of the Legislative Body was revised to reflect the order of business provided on recent Banning City Council meeting agendas.
 Section 8.3 (“Email and Social Media Policy”) was revised to provide a social media policy for Legislative Body members. This social media policy complies with Assembly Bill 992, which amended certain provisions of the Brown Act to clarify allowable uses of social media under the Act.
 Section 8.5 (“City Manager”) was revised to include a subsection on the City operating under the city manager form of government. This subsection provides that City Councilmembers may not individually provide direction to the City Manager. 389
Resolution 2026-58

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 Subsection 10.3(d) (“Reconsider”) was revised to limit the timeframe for making a motion to reconsider to the same meeting that the action was taken or at an adjourned meeting following the meeting at which the action was taken.  Subsection 10.3(e) (“Adjournment”) was added to clarify the process for adjourning a meeting.
 Section 10.9 (“Curfew”) was added to the Manual to provide a 10:00 p.m. curfew for City Council meetings. This Section provides that no new matters shall be taken up after 10:00 p.m., except that the meeting may be extended in one-hour increments upon a majority vote of Council members present. This Section supersedes Resolution No. 2016-44 ;and,
 WHEREAS, on February 24, 2026, the City Council directed staff to modify Section

10.3 and 10.6 to address how abstentions are counted and to repeal section 12.2 requiring notice to legislative bodies before amendments to the Manual may be adopted; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves the amended City of Banning Manual of Procedural Guidelines attached hereto as Exhibit A.

SECTION 2. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 14th day of April 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

John O. Pinkney, City Attorney
Slovak, Baron, Empey, Murphy &
Pinkney
390
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CERTIFICATION:

I, Sandra Calderon, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-58, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of April 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Administrative City Clerk
City of Banning, California
391
Resolution 2026-58

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EXHIBIT A
City of Banning Manual of Procedural Guidelines
392

CITY OF BANNING

MANUAL OF

PROCEDURAL

GUIDELINES
Adopted October 23, 2012, by City Council Resolution 2012-83 Amended April 23, 2013, by City Council Resolution 2013-48 Amended November 12, 2013, by City Council Resolution 2013-103 Amended May 26, 2020, by City Council Resolution 2020-67 Amended February 14, 2023, by City Council Resolution 2023-34 Amended October 8, 2024, by City Council Resolution 2024-164 Amended April 14, 2026, by City Council Resolution 2026-5 Page I of57
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CITY OFBANNING

MANUAL OF

PROCEDURAL

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Table of Contents
Article 1 – Scope Of Manual ......................................................................................................................... 3 Article 2 – Meetings...................................................................................................................................... 7 Article 3 – Notice And Agenda.................................................................................................................... 10 Article 4 – Closed Sessions ......................................................................................................................... 17 Article 5 – Order Of Business...................................................................................................................... 19 Article 6– Public Comment And Presentations............................................................................................ 24 Article 7– Noticed Public Hearings ............................................................................................................. 27 Article 8 - Meeting Officers......................................................................................................................... 31 Article 9– Decorum And Order.................................................................................................................... 37 Article 10 – Parliamentary Procedures......................................................................................................... 44 Article 11- Procedures For Consideration Of Demands For Corrective Action ........................................... 49 Article 12 – Miscellaneous.......................................................................................................................... 52 460

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ARTICLE 1 – SCOPE OF MANUAL
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ARTICLE 1 – SCOPE OF MANUAL

1.1 Application of Rules
This Manual (the “Manual”) shall establish the procedures for the conduct of all meetings of Banning’s City Council, Successor Agency to the Banning Community Redevelopment Agency, Housing Authority, Utility Authority, Financing Authority and other constituent governing bodies, and commissions including, but not limited to, the Planning Commission, Parks and Recreation Commission, Youth Council, Historic Preservation Commission, and Budget and Finance Committee.

For avoidance of doubt, this Manual shall apply to all City bodies subject to the Brown Act, including all standing committees and commissions established by the City Council.

This Manual rescinds and supersedes all prior City Council resolutions setting forth rules of procedure for the conduct of meetings by City Legislative Bodies (defined below). Wherever there is a conflict between this Manual and any prior City resolution, the terms and rules in this Manual shall govern. Resolutions more specifically superseded by this Manual include, without limitation, the following:
 City of Banning Resolution No. 2023-34;
 City of Banning Resolution No. 2020-67;
 City of Banning Resolution No. 2013-103;
 City of Banning Resolution No. 2013-48;
 City of Banning Resolution No. 2012-83
 City of Banning Resolution No. 2004-43;
 City of Banning Resolution No. 2003-06;
 City of Banning Resolution No. 2000-41;
 City of Banning Resolution No. 1999-31;
 Banning CRA Resolution No. 2010-13; and
 Banning CRA Resolution No. 1990-04.

1.2 Definitions
The following definitions shall apply to these rules and procedures:

Agenda The document that outlines topics to be discussed during a meeting.

Staff Report A document prepared by City Staff containing information and a recommendation about certain action(s) by the
Legislative Body.

Agenda Packet The agenda with accompanying staff reports for each agenda item.
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Legislative Body Any quorum of any council, board, commission or standing committee (as defined in Government Code § 54952), or
other governing body of the City of Banning that is subject to the Brown Act (Government Code § 54950 et seq.). This includes the Banning City Council, Banning Successor
Agency to the former Redevelopment Agency, Banning
Housing Authority Board, Banning Utility Authority,
Banning Financing Authority, Planning Commission, Parks and Recreation Commission, Youth Council, Historic
Preservation Commission, and Budget and Finance
Committee, and any standing committee subject to the
Brown Act. The term “Legislative Body” does not include Non-Governing Bodies, as defined below.

Presiding Officer The Chairperson of the Legislative Body. For example, this refers to the Mayor when read in the context of the City Council, the Board Chair in the cases of the Successor
Agency to the Redevelopment Agency and/or the Housing
Authority, and the Chair of any Commission.

Vice Chair The vice chairperson to the Presiding Officer. For example, the Vice Chair means the Mayor Pro Tem in the case of the City Council, the Vice Chairperson in the cases of the
Successor Agency to the former Redevelopment Agency
and/or Housing Authority, and the Vice Chairperson of any Commission.

Clerk/Secretary The person responsible for taking and maintaining the record of proceedings for all meetings, preparation of
agendas, calendar clerk, and custodian of rules, resolutions, ordinances and Legislative Body records. For example, the Clerk/Secretary refers to the Administrative City Clerk in the case of the City and the Agency Secretary in the cases of the Successor Agency to the former Redevelopment Agency and/or the Housing Authority.

General Counsel The legal advisor to the Legislative Body, such as the City Attorney in the case of a City Council meeting, or Agency Counsel in the cases of the Successor Agency to the former Redevelopment Agency and/or Housing Authority.

City Manager The Chief Executive Officer of the City, the Successor Agency to the former Redevelopment Agency, Housing
Authority, Financing Authority and Banning Utility
Authority. The City Manager may serve as the Secretary to the Successor Agency or Housing Authority, and the City Manager can designate appropriate staff to serve as the Clerk/Secretary to any Commission of the City.
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Non-Governing Bodies Wholly advisory committees and bodies that are not subject to the provisions of the Brown Act.

Sub-Legislative Bodies Such advisory committees which are subject to the Brown Act but are not “governing” Legislative Bodies.

Adjourned Meeting A meeting that is the continuation of a regular or special meeting which deals with unfinished business of the regular or special meeting.

These rules and procedures are enacted pursuant to authority granted by Government Code Sections 36813 and 54954. The purpose of this Manual is to provide procedures for Legislative Bodies that are consistent with the Brown Act and also to establish procedures that are convenient for the public and contribute to the orderly conduct of any Legislative Body’s business. The procedures herein are in addition to, and not in place of, Rosenberg’s Rules of Order, attached hereto as Exhibit “A,” and any applicable ordinances and statutes. Rosenberg’s Rules of Order are to be used as a guideline for the Legislative Body and such use is not intended to be rigidly binding and only serves as a recommendation. Rosenberg’s Rules of Order are intended to provide for constructive and efficient conduct of meetings. In the event of conflict between this Manual and applicable ordinances or statutes, the latter shall govern. In the event that any state statute referenced herein is renumbered, the reference herein shall be deemed to refer to the successor statute dealing with the same subject matter. If there is any conflict between Rosenberg’s Rules of Order and this Manual, the provisions of this Manual shall govern. 464

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ARTICLE 2 – MEETINGS
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ARTICLE 2 – MEETINGS

2.1 General Guidelines for Conduct of Board Meetings – Rosenberg’s Rules of Order
All noticed meetings of Brown Act bodies are conducted using Rosenberg’s Rules of Order as a procedural guideline. Rosenberg’s Rules of Order are intended to provide for constructive and efficient conduct of meetings.

2.2 Regular Meetings
Unless otherwise specified by a resolution or ordinance applicable to a specific Legislative Body, the regular meetings of all Legislative Bodiesshall be held on the second and fourth Tuesday of each month at the time designated by the Legislative Body, in the Council Chambers at City Hall, 99 East Ramsey Street, Banning, California 92220, or at such other locations as the Legislative Body may from time to time designate by resolution, in the order of adjournment, or in the notice or call of any special meeting. In the event the day of a meeting shall be a legal holiday, said meeting shall be held on the next business day.

2.3 Special Meetings
The Presiding Officer may, when he or she deems it expedient, or upon the written request of a majority of the Legislative Body, call a special meeting of the Legislative Body for the purpose of transacting the business designated in the call. The means or method for calling such special meeting shall be as set forth in the Brown Act as it now exists or may hereafter be amended. At such special meeting, no business shall be considered other than as designated in the call.

2.4 Special Emergency Meetings
A special emergency meeting may be called by the Presiding Officer or by a majority of the Legislative Body where an emergency exists:
(a) A work stoppage, terrorist act or threat, crippling disaster or other activity which severely impairs public health or safety as determined by the majority of the Legislative Body; or (b) Such other circumstance specified by State law as authorizing the conduct of an emergency meeting. Any special emergency meeting shall be called, noticed, and conducted only in accordance with the procedures set forth in State law.

2.5 Attendance
A majority of members of the Legislative Body shall constitute a quorum. Less than a majority may adjourn from time to time and may compel the attendance of absent members. Except for City Council, any member who fails to attend any of the meetings of the Legislative Body for 60 consecutive days, unless such absences are excused, shall surrender the office, and be deemed to have surrendered the office. An absence is “excused” in non-emergency circumstances if the member provides the Clerk/Secretary with at least forty-eight (48) hours advance written notice of the member’s intended absence. In emergency circumstances, which is limited to a physical or family medical emergency that prevents a member from attending a meeting, an absence is 466

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“excused” if the member provides written notice of the member’s intended absence as soon as possible prior to the meeting.

2.6 Workshops
The Legislative Body may meet informally in conference or “workshops” regarding concerns of the Legislative Body to interchange information, provided that all discussions and conclusions shall be informal. Such meeting shall be called in the same manner as special meetings or adjourned meetings, as applicable, and shall be subject to the Brown Act. Each notice shall indicate that an opportunity for public comment shall be provided before any matter shall be determined. When a meeting has been designated a workshop, the Legislative Body will not take any action with respect to the matter under review except with prior public notice, appearing on a properly posted agenda, of such intent to take action.
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ARTICLE 3 – NOTICE & AGENDA
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ARTICLE 3–NOTICE AND AGENDA

3.1 Notice and Agenda for Regular Meetings
For every regular Legislative Body meeting, the Clerk/Secretary, or their designee, shall post a notice of the meeting, specifying the time and place at which the meeting will be held, and an agenda containing a brief description of all the items of business to be discussed at the meeting as set forth herein. The notice and agenda may be combined in a single document.

The notice and agenda must be posted at least seventy-two (72) hours before the regular meeting in a location freely accessible to the public twenty-four (24) hours a day during the seventy-two (72) hour period and where the notice and agenda is not likely to be removed or obscured by other posted material. Specifically, the notice and agenda shall be posted at the place indicated below, and/or at such other location(s) as the Clerk/Secretary may designate:

CITY HALL LOBBY

CITY OF BANNING WEBSITE

3.2 Notice and Agenda for Special Meetings
For every special meeting, the Clerk/Secretary, or their designee, shall post a written notice specifying the time and place of the special meeting and the business to be transacted must be sent to each member of the Legislative Body (unless the member has filed a written waiver of notice with the Clerk/Secretary) and to each local newspaper of general circulation, and radio or television station that has requested such notice in writing. The notice shall serve as the agenda for the special meeting and shall contain a brief description of all the items of business to be discussed at the meeting as set forth herein.

The notice for a special meeting shall be conspicuously posted at least twenty-four (24) hours prior to the special meeting in a location that is freely accessible to the public twenty-four (24) hours a day and where the notice is not likely to be removed or obscured by other posted material. Specifically, the notice shall be posted at the place indicated below, and/or at such other location(s) as the Clerk/Secretary may designate:

CITY HALL LOBBY

CITY OF BANNING WEBSITE

3.3 Notice and Agenda for Adjourned Meetings
The Legislative Body may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. If all members are absent from any regular or adjourned regular meeting, the Clerk/Secretary may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally to each member of the Legislative Body at least twenty-four (24) hours before the adjourned meeting. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special, or adjourned special meeting was held, within twenty-four (24) hours after the time of adjournment. When a regular or adjourned regular 469

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meeting is adjourned as provided herein, the resulting adjourned regular meeting shall be a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting isto be held, itshall be held at the hourspecified for regular meetings.

If the subsequent meeting is conducted within five (5) days of the original meeting, matters properly placed on the agenda for the original meeting may be considered at the subsequent meeting. If the subsequent meeting is more than five (5) days from the original meeting, a new agenda must be prepared and posted pursuant to Government Code Section 54954.2.

3.4 Affidavit of Posting
Immediately following the posting of the notice and agenda, the Clerk/Secretary, or their designee, shall complete an Affidavit of Posting, in a form to be developed by the Clerk/Secretary.

The Affidavit of Posting shall indicate the time of the posting, the location(s) of the posting, and shall be signed under penalty of perjury. The Clerk/Secretary shall retain all such affidavits, together with a copy of each notice and agenda so posted. The affidavit, notice, and agenda shall be retained at least two (2) years subsequent to the date of posting, and pursuant to Government Code Section 34090, shall not be destroyed by the Clerk/Secretary thereafter except in accordance with the City’s record retention policies.

3.5 Preparation of Agendas
Barring insurmountable difficulties, the agenda shall ordinarily be delivered to the members of the Legislative Body on Friday (as an informal deadline) preceding the meeting to which it pertains. The agenda shall also be available to the general public at the time it is delivered to the members of the Legislative Body, or in any case as required by the Brown Act.

Any Legislative Body member may have the City Manager place any business on the agenda that should be discussed under the item of the regular meeting agenda titled “New Items.” Any Legislative Body member desiring to present a subject for the Legislative Body’s consideration shall advise the City Manager’s office of that fact not later than 12:00 noon on the Tuesday of the week preceding the meeting at which the member wishes the subject to be considered. The matter shall then be listed on the next agenda for discussion under Item 11 (New Items) of the regular meeting agenda. The Legislative Body shall then determine whether the proposed item should be a future agenda item for discussion and deliberation by consensus. The City Manager shall advise the Legislative Body member of constraints affecting staff’s ability to produce an agenda report, and when the matter should be scheduled.

Notwithstanding the foregoing, the City Manager and the Mayor generally have responsibility for setting the agenda for the Legislative Body (except for any other legislative body where the responsibility may be assigned to the City Manager’s designee and the Chair of the body).
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3.6 Description of Matters
All items of business to be transacted or discussed at a meeting of the Legislative Body, shall be briefly described on the agenda. The description may, but need not, set out the specific action or alternatives which will be considered by the Legislative Body, but should contain sufficient detail so that a person otherwise unaware could determine the general nature or subject matter of the item by reading the agenda. The description of closed session matters shall meet the requirements of Government Code Section 54954.2 and, where applicable, Section 54954.5.

Matters may be designated as “New Items” and listed for the sole purpose of determining if they will be on a future agenda.

3.7 Action Items
(a) Items may formally be adopted by an ordinance, a resolution, minute order, or other motion (thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding but vary in the formality of respective memorialization. While most actions will be presented to the Legislative Body in a written form prior to, or at, the meeting, the Legislative Body may amend any proposed action as written by carried motion of the Legislative Body at the time of its presentation for adoption. If an action as written is amended by the Legislative Body, it shall be revised to reflect the Body’s amendments for later execution by the Presiding Officer.
(b) Besides ordinances and resolutions, action can be taken by motion and recorded as a minute order. A “minute order” denotes a Legislative Body action which is recorded simply by an item entered in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it.
(c) As a general rule, a recorded majority of the quorum for a Legislative Body may take an action. However, for the City Council, resolutions, orders or the payment of money, and all ordinances require a recorded majority vote of the total membership of the City Council.

Some actions, such as the passage of an urgency ordinance or adoption of a resolution of necessity to condemn property, require a super-majority vote. Under the Political Reform Act of 1974, a member with a financial conflict of interest regarding a matter before the member’s board must leave the room while that matter is being discussed, heard, or acted on, so that member cannot be counted towards the quorum for that matter.

3.8 Resolutions
(a) A “resolution” is a formal action with findings taken by the Legislative Body, generally pre-prepared in writing, designated by sequential number, and reference to which shall be inscribed in the minutes and an approved copy of each resolution filed in the official book of resolutions of the Legislative Body. Resolutions are used when specifically required by law, when needed as a separate evidentiary document to demonstrate findings or to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional “whereas” explanatory material it often recites) to facilitate such future reference and research.
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(b) A resolution may be adopted at the same meeting it is presented. Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Article 10, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. (c) Where a resolution cannot reasonably be prepared in advance of a meeting, the Legislative Body may instruct the City Manager or the General Counsel to prepare are solution for presentation at the next Legislative Body meeting. Where urgent, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in Article 10, shall be followed.

3.9 Ordinances (City Council Only)
(a) The City Council is the only Legislative Body empowered to amend the Banning Municipal Code by adoption of ordinances.
(b) Ordinances, other than urgency ordinances, require at least two readings at different meetings held at least five days apart with the first reading considered to be introduction of the ordinance and the second adoption.
(c) A waiver of further readings requires a majority vote of the Council members present and voting. The waiver of further reading may be accomplished by one vote for all ordinances presented on the agenda of the present meeting. Government Code Section 36934. (d) The Clerk/Secretary shall prepare copies of all proposed ordinances for distribution to all members of the City Council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. Ordinances shall be numbered and kept by the Clerk/Secretary with the same formality as resolutions as described above in Section 3.8. (e) An urgency ordinance is an ordinance adopted for the immediate preservation of the public peace, health, and safety, containing a declaration of facts constituting the urgency. An urgency ordinance takes effect immediately and requires a four-fifths vote of the City Council for passage pursuant to Government Code Section 36937.

3.10 Agreements
When any agreement is to be considered by the Legislative Body, the complete agreement, if complete in form for execution, shall be made a part of the agenda package presented to the Legislative Body and shall be made available for viewing by the public within the time frames required under the Brown Act and/or the California Public Records Act (Government Code Sections 7920.000 et seq.). The Legislative Body may choose to leave the final form of the contract to the discretion of General Counsel if the Legislative Body has determined the general conditions of the contract.
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3.11 Limitation of Actions by Agenda
No action or discussion shall be taken by the Legislative Body, on any item not appearing on a posted agenda, subject only to the exceptions listed in Section 3.13 below. “Action taken” as used herein shall mean a collective decision made by a majority of the Legislative Body, a collective commitment or promise by a majority of the Legislative Body to make a positive or a negative decision, or an actual vote by a majority of the Legislative Body upon a motion, proposal, resolution, order, or ordinance.

3.12 Public Comment Period
Pursuant to Government Code Section 54954.3, every agenda posted for any meeting shall contain an item entitled “Public Comment” in order to provide for an opportunity for the public to address the Legislative Body on items of interest to the public within the Legislative Body’s subject matter jurisdiction. The public comment period should be conducted in accordance with Article

6. 3.13 Exceptions to Agenda Requirement for Action Taken The Legislative Body may take action at a meeting on an item not appearing on the agenda for that meeting only under one of the following circumstances:
(a) Upon a majority determination that an “emergency situation” exists that is either (i) a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, or (ii) a dire crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a Legislative Body to provide one-hour notice before holding an emergency meeting may endanger the public health, safety, or both. All discussion of such emergencies must be in open session. (b) Upon a determination by a two-thirds (2/3) vote of the Legislative Body, or if less than two-thirds (2/3) of the Legislative Body are present by a unanimous vote of those members present, that the need to take action arose subsequent to the agenda posting. For the purposes of this subsection, the term “need to take action” shall mean those circumstances whose occurrence creates a situation which is materially different from that which existed at the time the agenda was posted, and which requires the immediate attention of the Legislative Body. The mere failure of any person to notify the Legislative Body or staff of a pre-existing situation requiring Legislative Body attention until after the time for the posting of the agenda shall not be deemed to constitute a “need to take action” hereunder. If the Legislative Body makes a determination pursuant to this subsection, the minutes of the meeting at which the determination is made shall reflect what circumstances gave rise to the “need to take action” and why the item could not be placed on the agenda.

3.14 Minutes and Recordings
(a) An account of the actions taken in all proceedings of the Legislative Body in open meetings shall be kept by the Clerk/Secretary. The Clerk/Secretary shall prepare a record of the actions taken by the Legislative Body during open meetings, which when adopted by the Legislative Body shall be the official Minutes of the meeting. Amendment of the Minutes may be 473

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made only as to factual accuracy of the actions taken and not as to a change of intent. The Minutes of the meeting shall not be verbatim but rather shall be summary minutes. Only the best and most complete available audio recording of the meeting shall constitute the official record of the Legislative Body, but the Minutes shall constitute the official record of the Legislative Body meeting where a verbatim audio record of the meeting is not available. (b) Any recording of a meeting made by or at the direction of the Legislative Body is a public record that must be retained and made available to the public in accordance with the Public Records Act. The Legislative Body must provide to the public, without charge, equipment to review the recording.
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ARTICLE 4 – CLOSED SESSIONS
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ARTICLE 4 – CLOSED SESSIONS

4.1 Generally
The Legislative Body may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which it is authorized by State law to hear or consider in closed session. Public comment shall be permitted on closed session matters prior to the closed session. If a closed session is included on the agenda, the description of the item shall meet the requirements of and shall identify the statutory basis for the closed session. During closed session, the Legislative Body shall exclude all persons which it is authorized by State law to exclude from a closed session. There shall be no closed session during any special emergency meeting. Closed session may not be held regarding a matter not listed on a properly posted agenda for closed session except upon the Legislative Body first taking action to place the item on the agenda as a closed session item as permitted by law.

4.2 Persons Authorized
Persons present in the closed session shall be only those persons necessary to the discussion of the matter under consideration. All other persons shall be excused. The Council may request the Clerk/Secretary to attend closed session of the Legislative Body and may direct the Clerk/Secretary to enter into a minute book a record of any reportable decisions made at the meeting

4.3 Confidentiality
The minute book for any closed session is not a public record and shall be kept confidential and shall be available only to members of the Legislative Body or as otherwise provided by law. (Government Code § 54957.2(a).) No person attending a closed session shall publicly discuss or otherwise reveal the proceedings in the closed session unless such publication has been approved by the vote of the Legislative Body taken during the closed session or as otherwise required by law. Violation of this rule shall subject the violator to censure by the Legislative Body as provided in Section 9.5 herein.

4.4 Public Reports
Before recessing into closed session, the Presiding Officer or General Counsel shall announce that the Body is recessing into closed session and shall name each closed session topic that will be discussed in closed session.

Upon leaving closed session, the Presiding Officer or General Counsel shall report publicly any reportable actions taken on a closed session matter and, if any vote was taken, shall announce that the matter was put to a vote, the results of the vote, and how each Legislative Body member voted.
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ARTICLE 5 – ORDER OF BUSINESS
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ARTICLE 5 – ORDER OF BUSINESS

5.1 Order of Business
The order of business of each meeting shall be as contained in the agenda prepared by the Clerk/Secretary unless the majority of the Legislative Body members consent to take items out of order. The order of business at meetings of the Legislative Body may be as follows, in accordance with the procedures specified below:

1. Call Meeting to Order.
• Pledge of Allegiance
• Roll Call

2. Agenda Approval.

3. Presentations.

4. Closed Session Report, if applicable.

5. Public Comments, Correspondence, Appointments, and Reports.

6. Consent Items. (See Section 5.3 below.)

7. Public Hearings.

8. Reports of Officers.

9. Discussion Items.

10. Announcements from Legislative Body Members.

11. Items for Future Agendas (New Items; Existing Items).

12. Adjournment.

5.2 Call to Order
The meeting of the Legislative Body shall be called to order by the Presiding Officer, or the Vice-Chair in the Presiding Officer’s absence. In the absence of both the Presiding Officer and Vice Chair, the meeting shall be called to order by the Clerk/Secretary and the three Legislative Body members presentshall elect by majority vote a Presiding Officer for that meeting.

5.3 Consent Items
Matters of a routine or generally uncontested nature and non-controversial, shall be placed on the agenda as Consent Items and may be approved by the Legislative Body in a single motion by adoption of the Consent Calendar. Matters of a routine or generally uncontested nature and non-controversial may include a matter where the City Manager believes (i) the matter would most likely be unanimously approved by the Legislative Body, or (ii) there is not likely to be public comment on the matter, or (iii) a public presentation of the matter would not be particularly beneficial to the community or public interest. The approval of the Consent Calendar shall signify the approval of each matter or recommendation included therein. All matters on the Consent Calendar shall be the subject to public comment procedures in Article 6. Upon the request of any member of the Legislative Body or upon the request of a member of the public made through the Presiding Officer, a matter may be removed from the Consent Calendar for separate discussion and/or action. Any such item shall be considered as part of the Excluded Consent Calendar. Each matter proposed for consideration as part of the Consent Items, including any recommended action, shall be described on the notice and agenda posted for the meeting. Ordinances shall not be 478

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placed on the Consent Calendar for approval unless the ordinance has first been read or the reading of the ordinance has been waived as required by law.

5.4 City Representatives and Advisory Bodies (City Council Only) (a) From time to time the Council may be required to assign a representative of the City to non-City boards, commissions, or organizations (e.g., boards or commissions of another agency or joint powers authority). Except as otherwise required by law or by the policies of the non-City organization, the Mayor shall make all such appointments of City representatives on non-City organizations after consultation with the City Council. Council appointments to non-City organizations shall be considered and made with the goal of keeping the appointee in the organization for a long enough period of time that the appointee may gain seniority and/or a position of leadership within the organization. This goal shall be construed to mean that the same appointee should remain within a non-City organization for at least two years where reasonably possible and convenient for said appointee. Nothing herein, however, shall be construed to limit or waive the City Council’s power to remove appointees pursuant to subsection (c) below. (b) The City Council shall have the power to establish advisory committees, commissions, other Legislative Bodies and Non-Governing Bodies. Any committee which is (i) established by ordinance, resolution, or other formal action, (ii) has a fixed regular meeting schedule, (iii) has continuing subject matter jurisdiction over a non-temporary issue, (iv) which continues to conduct business in excess of 180 days, or (v) has a majority membership of officials from other Legislative Bodies, shall be subject to the provisions of the Brown Act.

Advisory bodies and committees may take the following form:
i) The Council may, as the need arises, authorize the appointment of “ad hoc” Council committees composed of two members. Except where otherwise specifically provided by law, the Presiding Officer shall appoint the members of the Council committees, subject to the approval of the Council. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council. ii) The Council may, subject to the Brown Act, create other committees, boards, and commissions, whether Legislative Bodies or Non-Governing Bodies, to assist in the conduct and operation of the City government with such jurisdiction and duties as the Council may specify. Except as otherwise required by law, the Mayor shall make appointments of members to such committees, boards, or commissions subject to the approval of the Council. The procedure of filling vacancies and provision of notice thereof shall be subject to the provisions of the Maddy Act (Government Code, Sections 54970-54974).
iii) Sub-Legislative Bodies, including Non-Governing Bodies, shall be responsible for reporting the Body’s activities to the City Council. The members of a SubLegislative Body or Non-Governing Body shall operate within the jurisdiction established by the Council and shall not have authority to make subcommittees unless specifically granted such authority by action of the City Council. Staff members may be assigned to assist any Councilcreated committee by the City Manager; staff members so assigned shall not be members of the committee unless specifically appointed as such by action of the Council. 479

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(c) Absent any other provision to the contrary, members of any non-City organization, or City committees, boards or commissions may be removed by the Council without cause by a majority vote of the City Council. Any member of the City Council may place the question of such removal on the agenda. Any committees, boards, or commissions so created may be abolished by a majority vote of the City Council by repeal of the enacting ordinance or resolution.

5.5 Budgets
The City Council shall have the power to approve the City budget, and each Legislative Body shall have the power to approve the budget of funds specifically apportioned to control of that Legislative Body (e.g., the Successor Agency Board shall approve the budget of the Agency and the Housing Authority Board shall approve the budget of the Authority). Approval of the budget constitutes approval of a proposed plan of expenditures and revenues. It does not constitute an authorization for expenditure. With respect to any given expenditure the applicable procedure shall be followed. Adoption of the budget does not, unless otherwise specified by resolution, constitute authorization for any specific employment class or position.

5.6 Items from Members, the City Manager, and the City Treasurer (a) There is a specific item on the agenda - “Announcements from Legislative Body Members” - for receiving general comments, announcements, and/or suggestions from members of the Legislative Body. This can be used to inform the public concerning upcoming events, report on members’ attendance at conferences and seminars, and for requests by members that staff look into specific matters. Legislative Body members shall report at this time on any conferences, seminars or other events they attended and for which they received compensation or reimbursement from the City. Such report should include the dates of attendance, and a brief description of the subject matter of topics covered at the events. These matters may not be discussed among the Legislative Body members, opined upon, or deliberated, and if they do not concern a matter on the agenda, shall be handled by the Presiding Officer according to the same procedures set out for Public Comment in Section 6.2. No action may be taken on such matters without being placed on a subsequent agenda.
(b) There is an agenda item referred to as “New Items.” Matters are listed under this item pursuant to Section 3.5 where a member has asked that the matter be scheduled for discussion of whether a future staff report should be prepared. The listing of the matter allows a discussion of whether a staff report should be prepared, or it may be held in the “Existing Items” section of the agenda to keep track of if the City Council determines that a staff report should be prepared for a future agenda.
(c) There is an agenda item referred to as “City Manager’s Report.” This may be used by the City Manager similarly to the item for members of the Legislative Body in Subsection (a) above to make announcements without separately listing the matter on the agenda, and subject to the same restriction that there may be no discussion or action on such matter. (d) There is an agenda item referred to as “City Treasurer’s Report.” The City Treasurer shall attend the meetings of the Legislative Body, unless excused. The City Treasurer may report on (i) the activities of the Budget and Finance Committee, and (ii) the duties of the City Treasurer as imposed under State law, except such duties otherwise delegated by the City Council to the City Clerk or the Administrative Services Director. 480

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(e) There is an agenda item referred to as “City Council Committee Reports.” Under this agenda item, City Council members may report on meetings of committees that City Council members are assigned to attend
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ARTICLE 6 – PUBLIC COMMENT AND PRESENTATIONS
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ARTICLE 6– PUBLIC COMMENT AND PRESENTATIONS

6.1 City Council Meeting Presentations
City Council presentations are for providing information to the Mayor and Council, City management, and the community about activities of interest and value, including activities, events and infrastructure projects relating to the City, honors and celebrations for organizations, corporations and residents which reflect their service to the Banning community, honors, and recognitions for City staff for outstanding service or commitment to the City’s mission and goals.

Please Note: This is not the appropriate time to seek funds from the City and/or endorsements from City Council or discuss politics.

All presentations are to be no more than five minutes in length, including all speakers for the group being recognized. Please see the attached “Exhibit B” for a complete copy of the Banning City Council Meeting Presentation Policy contained and incorporated as an exhibit to this Manual.

6.2 Public Comment
At the beginning of any Legislative Body meeting, the public shall be afforded the right to comment on any and all issues (not on the agenda) within the subject matter jurisdiction of the Legislative Body. Such general public comment on non-agendized issues shall be taken at the beginning of the meeting under a “Public Comments” heading. Each speaker will be limited to a maximum of three (3) minutes to provide comments on non-agendized issues. With regard to matters not on the agenda, the Legislative Body may ask questions of persons who raise new matters during the Public Comment period or otherwise. However, all Legislative Body questions must be limited to facts-only informational inquiries, and the Legislative Body may not discuss the merits, express any opinions, or ask questions that convey opinions or thought processes with respect to any non-agendized issue. The public shall also be afforded the right to comment on every item appearing on the agenda prior to the Legislative Body’s consideration of that item, as provided in Section 6.5 below.

6.3 Time Limitations
The time limit to speak for public comments is five (5) minutes during a noticed public hearing and to provide comments on all other agendized items, provided that these limits do not apply to a project applicant speaking at a public hearing pursuant to Article 7. All such time limits shall be noticed on the agenda for the meeting. Notwithstanding these time limits, the Presiding Officer has the full prerogative to maintain meeting order and decorum as provided in Section 9.1 and Article 9 generally, and the Presiding Officer may reasonably reduce the time if there are a significant number of speakers or extend time if he/she finds such extension is reasonably necessary to allow the speaker to complete his/her message without repetition or unnecessary tangents.
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6.4 Reserved
(a) Additional Procedures for Public Comment on Agenda Items. Members of the public shall have the opportunity to address the Legislative Body on each and every item listed on the agenda. Public comment on agenda items must be heard prior to the Legislative Body’s consideration/discussion of the item. Public comments on an agenda item may be heard either in combination with the Public Comment period at the start of the meeting, or at the time the Legislative Body opens the item, or both, as determined by the Legislative Body and set forth in the agenda.
(b) The purpose of the public comment period is to receive input from the public, not to create a debate between the Members and the public. Members should generally refrain from debating members of the public during the period for public comment, but if Members desire to clarify comments by members of the public, they may ask factual questions, and if necessary, should do so during the public comment period.
(c) The Presiding Officer should clearly open and close the public comment period.

After the close of the public comment period or after a motion has been made, no member of the public shall address the Legislative Body without first securing permission of the Presiding Officer. 484

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ARTICLE 7 – NOTICED PUBLIC HEARINGS
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ARTICLE 7– NOTICED PUBLIC HEARINGS

7.1 Public Hearings; Notice; Fairness
(a) Matters noticed to be heard by the Legislative Body shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made. (b) Legislative Body members shall not overtly or implicitly promise a particular action by City staff or by any Legislative Body. Where a Legislative Body member is contacted about an issue that will be presented to any Legislative Body of the City, it is appropriate to give a brief overview of City policy, to refer to City staff for further information, or to suggest that the concern be brought to the whole Council at the hearing or Council meeting, as appropriate. (c) All public hearing notices shall be issued and published in compliance with any statutory notice requirements applicable to the particular hearing at issue and such notice shall inform interested persons of the statute of limitations to challenge the validity any action taken Legislative Body on such matter.
(d) Although every Legislative Body member has a right to their own personal opinions, Legislative Body members should by their demeanor show an ability to listen to a variety of viewpoints and demonstrate a reasonable willingness to consider all sides of an issue before them.

For quasi-adjudicative matters involving public hearings, the members of the Legislative Body shall not prejudice the matter prior to the public hearing, shall be fair and impartial, and shall decide the matter based upon the evidence and the statutorily required findings. (e) For such matters, Legislative Body members should avoid expressing an opinion or divulging their thought process until after the public hearing has been completed.

7.2 Continuance of Hearings
(a) Any hearing being held or noticed or ordered to be held by the Legislative Body may, by order or notice of continuance, be continued, or re-continued to any subsequent meeting in the manner provided for adjourned meetings.
(b) When it is the decision of the Legislative Body to continue an item, which appears on the agenda, prior to hearing any report, testimony or taking evidence on the item, the Legislative Body may make such intent known at the beginning of the meeting. At that time, the public shall be offered the opportunity to speak regarding the intent to continue the item. At the time regularly scheduled for the hearing of the item, the Legislative Body shall then take action to continue the item after again informing the public of the intent to continue the matter. No testimony or evidence shall be taken at that time unless the speaker will not be available at the continued hearing date.

When the Legislative Body has continued the public hearing on an item after its commencement, persons testifying at the first public hearing may be permitted by the Presiding Office to again address the Legislative Body on the item at the renewed hearing, provided the testimony is not redundant.
(c) Continuances of a public hearing to a date certain need not be re-noticed unless (i) the hearing has not been continued to a date certain, or (ii) has been continued three or more times and the Presiding Officer believe confusion may be created as to the time of the hearing. 486

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Banning City CouncilApril 14, 2026

Banning City Council
April 14, 2026