Minutes, joint meeting, third session — Banning City Council, December 12, 2023

The following information comprises the minutes for a regular meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.

MINUTES 12/12/2023

CITY COUNCIL REGULAR MEETING
COUNCIL MEMBERS PRESENT: Council Member Sheri Flynn
Council Member Reuben Gonzales* Left at 5:45 p.m.

Council Member Rick Minjares
Mayor Alberto Sanchez
Mayor Pro Tem Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
Serita Young, City Attorney
Marie Calderon, City Clerk
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Art Vela, Director of Public Works
Lincoln Bogard, Administrative Services Director
Ralph Wright, Parks and Recreation Director
Nate Smith, Deputy Director of Public Works

1. CALL TO ORDER
Mayor Sanchez called the regular meeting to order at 5:39 p.m.

1.1. Invocation – Pastor Todd Oldenburg of Thrive Church led the invocation.

1.2. Pledge of Allegiance – Council Member Minjares led the Pledge of Allegiance.

1.3. Roll Call

COUNCIL MEMBER PRESENT ABSENT
Flynn, Sheri 
Gonzales, Reuben* 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
*Left the meeting at 5:45 p.m.

Council Member Gonzales read his resignation letter.

CITY COUNCIL REORGANIZATION
For the office of Mayor, Council Member Wallace nominated Council Member Sanchez.

Regular Meeting Minutes 12/12/2023 Page 2 of 13
Council Member Flynn nominated Council Member Minjares.

Motion to confirm closing of nominations for Mayor.

Motion by Council Member Wallace
Seconded by Council Member Sanchez

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-0, with 1 absence.

Council Member Flynn voted for Council Member Minjares.

Council Member Minjares voted for Council Member Sanchez.

Council Member Sanchez voted for Council Member Sanchez.

Council Member Wallace voted for Council Member Sanchez.

Council Member Sanchez was elected to serve as Mayor for a one-year term.

For the office of Mayor Pro Tem, Council Member Sanchez nominated Council Member Minjares.

Motion by Council Member Wallace
Seconded by Council Member Sanchez

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-0, with 1 absence.

Council Member Flynn voted for Council Member Minjares.

Council Member Minjares voted for Council Member Minjares.

Council Member Sanchez voted for Council Member Minjares.

Council Member Wallace voted for Council Member Minjares.

Council Member Minjares was elected as Mayor Pro Tem for a one-year term.

2. AGENDA APPROVAL

2.1. Approve Agenda
Regular Meeting Minutes 12/12/2023 Page 3 of 13
Motion to approve the agenda.

Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-0, with 1 absence.

3. PRESENTATIONS

3.1.Retirement Recognition of Sergeant Rick Youngblood and Sergeant Patrick Kelly Derek Thesier, Acting Chief of Police, presented several awards and honored the officers’ service.

4. REPORT ON CLOSED SESSION
There was discussion with no final or reportable action taken.

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, CITY COUNCIL

COMMITTEE REPORTS, CITY MANAGER REPORT, AND CITY ATTORNEY REPORT

5.1. PUBLIC COMMENTS
The following individuals addressed City Council during Public Comment:
• Mary Ann Rickena
• Amy Minjares
• Lynnea Hagen
• John Hagen
• Julie Austin
• Cathy Pierro
• Inge Schuler
• Virginia Cervantes
• Stuart Mackenzie
• Frank Burgess
• Jack Gunderson
• Todd Oldenburg
• Paul Smith

5.2. CORRESPONDENCE
Five items of correspondence were received and were provided to the City Council in advance of the meeting. Two were general comments, two pertaining to Agenda Item

8.3 and one pertaining to Agenda Item 8.7.

Regular Meeting Minutes 12/12/2023 Page 4 of 13

5.3. APPOINTMENTS
None

5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a Southern California Association of Governments (SCAG) meeting she attended.

Council Member Flynn reported on a Western Riverside County Council of Governments (WRCOG) planning and projects meeting, a meet and greet with State Senator Bogh, a meeting of the Budget and Finance Committee, the Morongo Fire Station groundbreaking ceremony, and a League of California Cities (CalCities) Riverside County Division meeting she attended.

Mayor Sanchez reported on a Thanksgiving event he attended and a recent trip on behalf of the City to Washington, D.C.

5.5. CITY MANAGER REPORT
City Manager Schulze reported on the Banning Youth Council, which is currently recruiting for 9 open positions.

5.6. CITY ATTORNEY REPORT
City Attorney Young had no report.

5.7. CITY TREASURER REPORT
Treasurer Geronimo reported on several budget-related items.

6. CONSENT AGENDA

6.1. Approval of the Meeting Minutes for the November 14, 2023 City Council Meetings

6.2. Accounts Payable and Payroll Warrants Issued in the Month of October 31, 2023

6.3. Receive and File Cash, Investments and Reserve Report for the Month of October 2023

6.4. Receipts, Disbursements, & Fund Balances Reporting for October 2023 and Fiscal Year 2022-23 and 2023-24 Year-To-Date

6.5. Receive and File Police Department Statistics for the Month of October 2023

6.6. Receive and File Fire Department Statistics for the Month of October 2023

6.7. Public Works Capital Improvement Project Tracking List

6.8. Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports

6.9. Consideration of Resolution 2023-184, Approving a Memorandum of Understanding Between The City Of Banning Police Department And The Riverside County Probation Department Post-Release Accountability and Compliance Team (PACT) for FY 2023-2024.

6.10. Consideration of Resolution 2023-185 to Initiate the Roadway Vacation Process for Malki Road and Set Date for a Public Hearing

6.11. Consideration of Resolution 2023-186, Approving Amendment No. 1 to the False Alarm Management Solution – SaaS License Agreement by and Between City of Banning and PMAM Corporation

6.12. Consideration of Resolution 2023-188, Accepting the Distribution of the 2023 Justice Assistance Grant (JAG) Award
Regular Meeting Minutes 12/12/2023 Page 5 of 13

6.13. Consideration of Resolution 2023-189, Awarding a Professional Services Agreement for the Design of Opportunity Village Sound Wall to IMEG Corporation in the amount of $103,486 and Approving a 10% Contingency for a Total Project Budget of “Not-to-Exceed” $113,834.60

6.14. Accept as Complete the Wilson Sewer Force Main and Gravity Main Improvements Related to the Atwell Specific Plan Development and Authorize the 90% Bond Exoneration

6.15. Consideration of Resolution 2023-190, Accepting Grant Funds from the State of California, Business, Consumer Services, and Housing Agency in the Amount of $908,461

6.16. Consideration of Resolution 2023-192, Accepting a Donation for the Banning Senior Center from the Sun Lakes Country Club Charitable Trust in the Amount of $2,000

6.17. Consideration of Resolution 2023-193, Approving Final Tract Map 33540 and Releasing the Map for Recordation, Authorizing Staff to Sign the Subdivision Improvement Agreements and Final Tract Maps, Accepting Faithful Performance and Labor Bonds for Public Improvements, and Accepting a Grading Bond for Related Grading Work

6.18. Consideration of Resolution 2023-196, Approving the Professional Services Agreement for the City of Banning Broadband Feasibility Study Public Comment
None
Motion to adopt consent agenda items 6.1 to 6.3, 6.5 to 6.12, 6.14 to 6.16, and

6.18. Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-0, with 1 absence.

6.4. Receipts, Disbursements, & Fund Balances Reporting for October 2023 and Fiscal Year 2022-23 and 2023-24 Year-To-Date
Public Comment
None

Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-0, with 1 absence.

Motion by Mayor Pro Tem Minjares
Seconded by Council Member Flynn

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-0, with 1 absence.

7. PUBLIC HEARING(S)
None

8. REPORTS OF OFFICERS

8.1. Consideration of Resolution 2023-194, Adopting the Downtown Revitalization and Complete Streets Plan, Prepared by Alta Planning + Design, Inc., as a Set of Policies and Design Guidelines for the Downtown Area
Regular Meeting Minutes 12/12/2023 Page 7 of 13
Nate Smith, Deputy Director of Public Works, presented the staff report. Consultants Tim Bevins and Phillip Burns presented to the City Council.

Public Comment
• Paul Smith
• Bill Lamb
Motion to continue this item to a special meeting workshop on January 9th.

Motion by Mayor Pro Tem Minjares
Seconded by Council Member Flynn

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-0, with 1 absence.

8.2. Discussion of Stagecoach Days Memorandum of Understanding Doug Schulze, City Manager, presented the staff report.

Public Comment
• Bill Lamb
• Tayler Berghoefer
• Shirley McLaughlin
• Dave Harrison
• Sue Palmer
• Colleen Garcia
• Shelly Ruiz
Motion to approve the creation of an ad-hoc committee to meet with the Stagecoach Committee to discuss the terms of the current MOU; table and bring back January 9.

Motion by Mayor Pro Tem Minjares
Seconded by Council Member Flynn

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-0, with 1 absence.

Regular Meeting Minutes 12/12/2023 Page 8 of 13
Motion to approve the appointment of Council Member Flynn and Mayor Pro Tem Minjares.

Motion by Council Member Flynn
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion failed by a vote of 2-2, with 1 absence.

Motion to approve the appointment of Mayor Pro Tem Minjares and Council Member Wallace.

Motion by Mayor Sanchez
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 3-1, with 1 absence.

Motion to approve continuing the meeting past 10:00 p.m.

Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-0, with 1 absence.

8.3. Animal Services Discussion: Banning Animal Shelter and ARE Animal Rescue Contract
Doug Schulze, City Manager, presented the staff report. Grant Brubaker of ARE Animal Rescue responded to Council questions.

Regular Meeting Minutes 12/12/2023 Page 9 of 13
Public Comment
• Lynnea Hagen
Motion to approve providing 90 day notice of termination of the animal services agreement.

Motion by Council Member Flynn
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-0, with 1 absence.

8.4.Discussion Regarding the Selection Process for the Citywide Forensic Investigation of Treasury Functions Request for Proposals (RFP)
Lincoln Bogard, Administrative Services Director, presented the staff report.

Public Comment
• John Hagen
• Alejandro Geronimo
Motion to approve the RFP Selection process of using Pass Area finance directors and deputy directors as well as beyond the Pass Area, such as the Coachella Valley finance directors, to evaluate the RFP responses in order to make a selection.

Motion by Mayor Sanchez
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-0, with 1 absence.

8.5.Consideration of Resolution 2023-187, Approving Exclusive Negotiating Agreement with Industrial VI Enterprises, LLC (Hillwood) for Banning Municipal Airport Properties
Doug Schulze, City Manager, presented the staff report.

Regular Meeting Minutes 12/12/2023 Page 10 of 13
Public Comment
• Harry Sullivan
Motion to approve continuing the meeting past 11:00 p.m.

Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-0, with 1 absence.

Motion to adopt Resolution 2023-187, with the modifications made by City Council.

Motion by Mayor Sanchez
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-0, with 1 absence.

8.6.Authorize a Request for Proposals for Development of City-Owned Property Doug Schulze, City Manager, presented the staff report.

Public Comment
None
Motion to authorize a Request for Proposals (RFP) for development of Cityowned property and directing the City Manager to incorporate the Downtown Revitalization and Complete Streets Plan into the RFP.

Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
Regular Meeting Minutes 12/12/2023 Page 11 of 13

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-0, with 1 absence.

8.7.Consideration of Resolution 2023-191, Awarding the Contract for Comprehensive Banking Services Request For Proposals (RFP) to HCN Bank Lincoln Bogard, Administrative Services Director, presented the staff report.

Public Comment
Alejandro Geronimo
Motion to adopt Resolution 2023-191.

Motion by Council Member Wallace
Seconded by Mayor Sanchez

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-0, with 1 absence.

8.8.Consideration of Resolution 2023-195, Approving an Amendment to the Fire Services Contract with Riverside County
Adam Rush, Community Development Director, presented the staff report.

Public Comment
None
Motion to adopt Resolution 2023-195, amending the title to Fire Safety Supervisor.

Motion by Mayor Sanchez
Seconded by Council Member Wallace
Regular Meeting Minutes 12/12/2023 Page 12 of 13

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Gonzales, Reuben 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of -0, with 2 absences.

9. DISCUSSION ITEM(S)

9.1. Update to the City Council on Potential Grants for the Repplier Park Playhouse Bowl Improvements
Ralph Wright, Parks and Recreation Director, presented the staff report.

Public Comment
None

10. ITEMS FOR FUTURE AGENDAS

10.1. New Items

10.2. Pending Items:

1. Grow Banning (Sanchez)

2. Potential Grants to Fund Playhouse Bowl Improvements (Sanchez)

3. Food Desert Zoning Overlay (Minjares)

4. Beautification of San Gorgonio Overpass Funding (Gonzales)

5. Scope and Duties of the Budget and Finance Committee (Wallace)

6. Neighborhood Groups/Identities (Minjares)

7. Update on Community Garden (Flynn)

8. Public Notification Policy for Development Projects (Flynn)

9. Donation Policy (Flynn)

10. Zencity Contract (Flynn)

11. Comments Section on Agenda for Council Members (Flynn)

12. Cannabis Ordinance/Moratorium (Flynn)

13. Use of Personal Cell Phones on Dais (Flynn)

14. Zoom Options for Public Meetings (Flynn)

11. ADJOURNMENT
The meeting was adjourned at 12:21 a.m.

Minutes Prepared by:

Caroline Patton, Administrative City Clerk
Regular Meeting Minutes 12/12/2023 Page 13 of 13
These minutes have been prepared as Action Minutes in accordance with City Council Resolution 1995-21 and Government Code Sections 36814, 40801, and 54953(c)(2).

This entire meeting and all associated documents may be viewed here:
http://banning.ca.us/755/Agendas-and-Minutes---2024-to-Present ATTACHMENTS:

Exhibit A – Public Comment Received
Exhibit B – Agenda Item 8.1: Staff Presentation
Exhibit C – Agenda Item 9.1: Staff Presentation
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Exhibit A: Public Comment
1 Caroline Patton
From: Tracy Mahoney <[email protected]>
Sent: Tuesday, December 12, 2023 10:43 AM
To: Caroline Patton
Subject: public comment
Please read the follow into the public record during the public comment section at the beginning of the City Council meeting for the date of 12/12/23 as I will not be able to make this meeting. ALSO besides reading the follow I request (as State Law indicates if asked) to make the following part of the WRITTEN RECORD:

I am here to express my deep appreciation for the principles that underpin our democratic society, particularly the First Amendment's right to free speech.

As an advocate for this fundamental right, I am compelled to address an issue that has come to my attention concerning the conduct of sitting City Council member, Colleen Wallace. While I hold a profound respect for individuals expressing their opinions, I believe it is crucial to differentiate between personal expression and the responsibilities associated with holding a PUBLIC OFFICE.

Recent instances of unprofessional and inappropriate language on public platforms by a council member raise concerns about adherence to the ethical standards expected of someone in such a position.

Upholding the decorum befitting a City Council member is paramount, and the discrepancy between personal expression on social media and the professional demeanor expected in a public office is evident.

I believe it is incumbent upon us to consider whether such conduct aligns with the established code of ethics for our City Council. This discrepancy not only reflects poorly on the individual involved but also raises questions about the integrity of the Council as a whole.

In light of these concerns, I propose a thoughtful evaluation of the situation, considering the potential ramifications on the reputation of the City Council and the public's trust. It may be prudent to assess whether such conduct is consistent with the values and expectations set forth for our elected representatives.

I appreciate your attention to this matter and trust that any necessary steps will be taken to uphold the standards of professionalism and integrity expected from our City Council members.

Thank you for your dedication to the principles that make our community strong.

Tracy Mahoney
1 Caroline Patton
From: [email protected]
Sent: Monday, December 11, 2023 11:29 AM
To: [email protected]; Rick Minjares; Reuben Gonzales; Sheri Flynn; Doug Schulze; [email protected]; Caroline Patton; [email protected]; Colleen Wallace Subject: Appointments
Attachments: colleens thanksgiving post.docx
To Whom this may concern,
In review of the current agenda, it is apparent that the appointment of Mayor and Mayor Pro-Tem will occur prior to opening the public comment therefore I am sending all of you this email. I request that this email be read into the record prior to making any appointments.

Attachment A is a screen shot of Colleen Wallace’s
Facebook page with he Thanksgiving greeting.

This message should not only eliminate her from being nominated for either one of those appointments but should be grounds for her dismal off the council entirely.

This post alone demonstrates her lack of moral perpetude, her sense of judgment and her reasoning skills. The post is a jaw dropping read and an inappropriate post for anyone representing our city. After receiving post from the citizens, instead of realizing the gravity of the post she attempts to justify it with statements like I didn’t write it a friend did I just re posted it. If she thought, it was worthy of re-posting she might as well have authored it. Then asking Why is everyone so upset over things that are happening all the time? And the topper Sometimes you have to put messages into words the readers will understand. Each of her responses were met with disapproving remarks to her. All of these responses reflect her lack of reasoning.

This message is something you could expect to hear from a street walking hooker not a council person representing our city.

If she is considered for either of these positions it will send a message that you condone her behavior and are alright with her representing, you and this city. It will also raise a question about your reasoning skills.

This email was sent to inform you as to her actions prior to any appointments and nobody can claim ignorance of this situation.

I intend on requesting her resignation at the public comment in Dec 12 City Council meeting.

Page 2 ends

Very concerned Citizen,
John Hagen

1 Caroline Patton
From: K kdi <[email protected]>
Sent: Tuesday, December 12, 2023 1:08 PM
To: Doug Schulze; Alberto Sanchez; Colleen Wallace; Reuben Gonzales; Sheri Flynn; Rick Minjares
Cc: teresa Chagrin; cityclerks
Subject: Urgent Appeal for Improved Conditions at the Banning Animal Shelter Importance: High
I hope this email finds you all well. I am writing to express my deep concern regarding the living conditions at the Banning Animal Shelter run by ARE Animal Rescue. For almost 3 years animals have endured harsh weather conditions, residing on asphalt and dirt. This situations is both unacceptable and inhumane.

Despite the passage of time. It appears that no substantial improvements have been made to rectify this issue. The well-being of these animals is at stake, and it is crucial that immediate action be taken to ensure the animals are provided with proper shelter and living conditions.

I implore both the City of Banning, City Manager, Doug Schulze, to collaborate with Riverside County Animal Services. By doing so, we can ensure that these animals are housed in a manner that aligns with ethical and humane standards. It is imperative to halt the current situation and transition to a more compassionate and responsible approach to animal care.

Respectfully,
Kathy Aranda
I am requesting that the city clerk include my email in the public records and be recorded as same.

I would request my city council person, Sheri Flynn, read my email aloud at the City Council meeting on December 12, 2023.

Due to the fact Zoom calls are no longer allowed, I have made this request to Sheri Flynn. Due to a currently health condition I am unable to attend the Council Meeting in person. 1 Caroline Patton
From: Tracy Mahoney <[email protected]>
Sent: Tuesday, December 12, 2023 10:55 AM
To: Caroline Patton
Subject: Consent item 8.3
I am requesting the following to be read at the 12/12/23 City council meeting during Consent Item 8.3 "Animal Services Discussion" public comment section as I may not make this meeting time. I also request not only for the following to be read out loud, but to be made part of the Written Record:

Transferring management or control of a failing city animal shelter to a county animal shelter can have several potential benefits.
 Increased Resources:
o The County shelter has more resources, both in terms of funding and personnel, which can help address issues such as overcrowding, lack of medical care, and inadequate facilities, such as what is happening at ARE
o
 Efficiency and Expertise:
o The County shelter benefits from economies of scale and operational efficiencies. They have more experience and specialized staff, which can lead to improved overall management and care for animals. Currently ARE has no veterinary services and takes the animals for spay and neuter clinics all the way up to Apple Valley,
o
 Broader Adoption Network:
o The county shelter has a larger network for adoption services, increasing the chances of finding homes for animals.
o Collaboration and Networking:
o The County animal shelter has established relationships with other regional shelters, veterinarians, and animal welfare organizations, which ARE doesn’t have. This network can facilitate collaboration, shared resources, and collective efforts to address common challenges.
o
 Consistent Standards:
o A county-wide approach can lead to more consistent and standardized policies, procedures, and animal care standards. This can help address any inconsistencies or shortcomings that may have contributed to the city’s shelter's struggles. o
 Improved Infrastructure:
o The County shelter has better facilities and infrastructure, including modern kennels, veterinary clinics, and administrative system, which ARE severely lacks. This can lead to improved living conditions for animals and better working conditions for shelter staff. o
o "Better Financial Management: County-level administration ensures more effective financial management, guaranteeing efficient resource allocation and adherence to budgetary constraints. The City of Banning's existing management issues are underscored by Doug Schulze's dereliction of duty in not obtaining the monthly and yearly documents required by the signed animal shelter contract. The recently unearthed documents, produced belatedly and likely under duress, further raise concerns about the city's financial transparency. I trust that regulatory bodies such as the IRS and the California Department of Insurance will scrutinize these matters thoroughly."
o
 Public Trust and Accountability:
o The transfer to the county shelter may be viewed as a positive step by the community, potentially restoring public trust. County agencies often operate with a higher level of 2 transparency and accountability, which can be crucial in rebuilding confidence, which again ARE severely lacks.
o
 It is really for the best of everyone and every animal involved that the county of Riverside take over our city’s animal shelter.

Additional legal content, if needed, is Wells Fargo Sans Condensed 8pt.

Jamie O’Connell
Relationship Manager
Wells Fargo Bank
Government Banking Division
4141 Inland Empire Blvd
3 rd Floor
Ontario, CA 91761
Tel: 909-963-8095
December 11, 2023
Honorable City Council
City of Banning
99 E Ramsey Street
Banning, CA 92220
Re: Item 8.7, December 12, 2023, City Council Meeting: Awarding the Contract for Comprehensive Banking Services Request for Proposals to HCN Bank
Honorable City Councilmembers,
Wells Fargo has been the City of Banning’s (City) bank for the past 40 years and we greatly value the City as an important customer. The City issued a Request for Proposal (RFP) for Banking Services on October 20th, and Wells Fargo submitted our proposal on November 20, 2023. We were recently notified of the City’s intent to award the banking services contract to HCN Bank. We respectfully request that you accept this letter for consideration when reviewing your decision on Resolution #2023-191 awarding the contract for Comprehensive Banking Services Request for Proposals to HCN Bank. While it is the City’s prerogative to select the bank that it deems best meets the City’s needs, the selected bank must meet RFP requirements in order to best protect City and taxpayer resources. As your current banking partner, we have a fiduciary responsibility to Banning and care about the outcome of this decision.

The RFP Contained Nine Mandatory Minimum Qualifications of which Six Were not Met by the Selected Bank.

The Bank RFP included a list of nine mandatory minimum qualifications consistent with other municipal RFPs that are designed to assure the safety and strong stewardship of City funds by gaining a firm understanding of the strength of a financial institution. The RFP also indicates that “Proposing banks who do not meet all of the aforementioned criteria may be eliminated from consideration.” Nevertheless, it appears that that HCN does not meet 6 of the 9 qualifications, yet HCN received the same score (21.7 points) as Wells Fargo in Qualifications.

As stated in the RFP, “In order to be considered for selection, proposing banks should meet all of the following criteria,” however HCN cannot meet the following requirements:

1. Have at least $5 billion ($5,000,000,000) in total assets. (Not Met) HCN Bank shows total assets of $919.89 million.

2. Maintain minimum regulatory capital ratios that meet the definition of a “well capitalized bank”. They are as follows:
2 / 3

3. Total Risk-Based Capital Ratio: 10.0%. (Not Met) See chart.

4. Tier 1 Risk-Based Capital Ratio: 6.0%. (Not Met) See chart.

5. Leverage Ratio: 5.0%. (Not met)- See chart.

6. Have favorable statistical ratings from a nationally recognized rating service. Not Met (We don’t see a rating by Moody’s, Fitch, etc. but include Weiss Ratings sheet in chart below. Grading them a C+)

7. Be a Federal- or State of California-chartered financial institution. Met

8. Have a “satisfactory” overall rating in their most recent evaluation by the appropriate federal financial supervisory agency, in terms of meeting the credit needs of California communities. Met, however we are “Outstanding” and should have scored higher in this category.

9. Be capable of providing electronic and web-based banking services. Met

10. Be an approved State of California depository for public funds. (Not met) HCN Bank is not an approved State of California depository for public funds. The State Treasurer’s Office has approved the following depository banks:
• Bank of America
• BMO Bank, N.A.
• Citibank
• JPMorgan Chase & Co.
• U.S. Bank
• Wells Fargo Bank
• WestAmerica Bank
Pricing Cannot be Evaluated as HCN Did Not Provide Information on Volumes The comparison pricing document offered by HCN Bank had 20 elements of services without volumes. The city has many high-tech solutions in place today. It is not clear whether those volumes and services were considered in the comparison.

The City Staff Report Improperly Refers to Philanthropy which was not a Criteria in the RFP The December 12, 2023 Staff Report states that an additional strength of HCN Bank was “regarding its support in the Pass Area community with significant donations to many scholarships and sponsorships.” Philanthropy was not a component in the RFP and should not now be invoked as a positive factor. Wells Fargo did not provide philanthropy data as it was not requested. Wells Fargo is a strong corporate citizen, including our philanthropy, and we can provide grant data if requested.
3 / 3
We appreciate the opportunity to address these concerns with the Banning Finance team and Banning’s City Council. We hope you will reconsider the decision not to change banks after many decades of a very positive relationship. As the City’s financial steward, it is important that we highlight the minimum RFP requirements that were not met and officially state our position on the review and scoring of responses. Should you choose to change banks we will support you in the exit to your new bank.

Thank you for your consideration,
Jamie O’Connell
Relationship Manager
Wells Fargo Bank
Government Banking Division
cc: City of Banning Office of Finance
Banning Downtown Revitalization
and Complete Streets Plan
City Council
City of Banning | 12/12/2023

PROJECT BACKGROUND
Banning Downtown Revitalization and Complete Streets Plan Exhibit B: Agenda Item 8.1
VISION
• Expand and improve circulation, options, and safety for all travel modes • Incorporate streetscape and public realm enhancements • Establish a framework for attracting new investment and redevelopment • Develop a community-supported vision and a path to get there

BENEFITS
• RESIDENTS
• RICH EXPERIENCES
• A PLACE TO GO + NEW AMENITIES
• BUSINESS OWNERS
• LOCAL MARKET
• NEW CUSTOMERS
• CITY
• EXPANDED TAX BASE
• ECONOMIC SUSTAINABILITY
• REGION
• I-10 AMENITIES
• MOUNTAIN / DESERT PORTAL

STUDY AREA
The project corridor runs approximately a half-mile, between 8th Street to the west and Martin Street to the East, along Ramsey Street, Hays Street, and Livingston Street.

PRECEDENT IMAGERY | DOWNTOWNS
PRECEDENT IMAGERY | COMPLETE STREETS

EXISTING CONDITIONS
Banning Downtown Revitalization and Complete Streets Plan EXISTING CONDITIONS | BASE MAPPING

CENTRAL
ELEM.

SCHOOL

NICOLET MIDDLE
SCHOOL

CENTRAL
ELEM.

SCHOOL
EXISTING CONDITIONS | OPPORTUNITIES & CONSTRAINTS
EXISTING CONDITIONS | URBAN REALM
EXISTING CONDITIONS | MARKET ANALYSIS

CONCEPTUAL DESIGNS
Public Realm, Mobility, and Land Use
Banning Downtown Revitalization and Complete Streets Plan

CONCEPTUAL APPROACHES
PUBLIC REALM | CONCEPTS
MOBILITY| CONCEPTS
LAND USE | CONCEPTS

COMMUNITY INPUT
Banning Downtown Revitalization and Complete Streets Plan COMMUNITY INPUT | OUTREACH
• Community Events
• Downtown Businesses
• Flyers
• School Pickups
• Stakeholder Advisory Group
• Surveys
• Walk Audits
• Website
• Workshops
bit.ly/banningcompletestreets
COMMUNITY INPUT | WORKSHOPS
Pedestrian
Lighting
Safer
Crossings
Wider
Sidewalks
COMMUNITY INPUT | WALKING/BIKING/ROLLING DOWNTOWN
What would make you feel more comfortable or safer walking, biking, rolling, or taking transit downtown? COMMUNITY INPUT | STREETSCAPE
Shade Green
Landscaping
Lighting Outdoor
Dining
Which of the following streetscape amenities would you like to see in downtown Banning? COMMUNITY INPUT | BUSINESSES
Are there any services or types of businesses you want to see in Downtown Banning? Restaurants
and Cafes
Retail Shops Grocery
Stores
COMMUNITY INPUT | PARKING
61%
33%
6%
Yes No Other (please specify)
Generally, would you be willing to lose parking space options in downtown Banning if it meant walking and biking facilities were improved? The Spark
Restoring Downtown as the Heart of the Community
Banning Downtown Revitalization and Complete Streets Plan THE SPARK | KEY DESIGN MOVES
THE SPARK | CIRCULATION
THE SPARK | FULL CONCEPT PLAN
THE SPARK | LOOK AND FEEL
THE SPARK | LOOK AND FEEL
THE SPARK | AREAS OF FOCUS

1. Ramsey + 1st

2. Civic Center

3. South East Lot

4. City Park

FIRST AND RAMSEY
THE SPARK | SCAG GO HUMAN DEMONSTRATIONS

ALLEY AND RAMSEY
THE SPARK| OPPORTUNITY SITES – CIVIC CENTER
THE SPARK| DEVELOPMENT SCENARIOS – SOUTH EAST LOT
THE SPARK| DEVELOPMENT SCENARIOS – SHOPPING CENTER
THE SPARK | IMPLEMENTATION – PROJECT PRIORITIZATION
THE SPARK | IMPLEMENTATION – GRANTS AND FUNDING
THE SPARK | IMPLEMENTATION – GRANTS AND FUNDING
Thank you!
Tim Bevins
Alta Planning + Design
[email protected]
ITEM 9.1 – UPDATE ON

GRANTS FOR REPPLIER

PARK PLAYHOUSE BOWL

AMPHITHEATER
ITEM 9.1 – UPDATE ON

GRANTS FOR REPPLIER

PARK PLAYHOUSE BOWL

AMPHITHEATER
Ralph Wright – Parks and Recreation Director
City Council December 12, 2023
Exhibit C: Agenda Item 9.1
Playhouse Bowl Amphitheater uses
•Signature Event – Evening
Concert Series
• Church Outreach and
fellowship events
•School Graduations and
parties
• Community Events•Private Rentals
Playhouse Bowl Amphitheater – Needed
improvements – Smaller projects
• Small maintenance items
• Stage – Seating Area – ongoing graffiti – vandalism issues • Concrete Work
• Dance Area in front of Stage• Aggregate Perimeter Barriers • Electrical and Lighting
• Ambient lighting - String Lights, street
lights
• Uplighting• Bleacher Seating
Playhouse Bowl Amphitheater – Needed
improvements – Larger Projects?
• Building improvements
• Interior Redesign• Restroom improvements
• Shade Installation
Potential grants for Playhouse Bowl
Submitted Applications
•Climate Resiliency grant –
Parks and Recreation Master Plan
•Urban Greening Grant –
Repplier Park Improvements – Playhouse Shade
•Outdoor Equity Grant –
Round # 2
Potential grants for Playhouse Bowl
•State Grants –
Infrastructure Improvements
• Land and Conservation• Clean California
•Arts Endowments /
Foundations –
• Partner – Non-profits - programming
•Corporate Giving Programs•Sponsorship and Naming
Rights Opportuntiies
Ralph Wright
Parks and Recreation Director

Banning City CouncilDecember 12, 2023

Banning City Council
December 12, 2023