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 3/26/2024
CITY COUNCIL REGULAR MEETING
COUNCIL MEMBERS PRESENT: Council Member Sheri Flynn
Council Member David Happe
Mayor Pro Tem Rick Minjares
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
Serita Young, City Attorney
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
Barbara Mason, Purchasing Manager
1. CALL TO ORDER
Mayor Sanchez called the regular meeting to order at 5:04 p.m.
1.1. Invocation – Kevin Walton 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
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
2. AGENDA APPROVAL
2.1. Approve Agenda
Motion to approve the agenda, moving agenda item 9.1 to follow 5.1. Public Comments.
Motion by Council Member Wallace
Regular Meeting Minutes 3/26/2024 Page 2 of 9
Seconded by Council Member Happe
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
3. PRESENTATIONS
None
4. REPORT ON CLOSED SESSION
Serita Young, City Attorney reported that there was discussion and direction provided to staff, with no final nor reportable action.
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:
• Michele Walter
• Frank Burgess
• Bill Hobbs
• Richard Royce
• Diego Rose
• Stuart MacKenzie
• Kevin Walton
• Oleg Ivaschuk
9.1. Discussion of Council Policy Changes Regarding Extension of Meetings and Disparaging Remarks Made by Members of the City Council Doug Schulze, City Manager, presented the staff report.
Public Comment
• Diego Rose
• Frank Connolly
• Richard Royce
• Frank Burgess
Motion to direct the City Manager to bring back suggested amendments to the City Council resolution regarding suggested time limits imposed on of City Council meetings and additional remedies for Council members regarding derogatory remarks made by a Council member against another member or Regular Meeting Minutes 3/26/2024 Page 3 of 9
members of the legislative body other than the use of censure or personal privilege.
Motion by Mayor Sanchez
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-1.
Mayor Sanchez announced a recess at 6:36 p.m. The meeting was reconvened at 6:57 p.m.
5.2. CORRESPONDENCE
Two items of correspondence were received, distributed to the City Council, and attached as exhibits to the minutes.
5.3. APPOINTMENTS
None
5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a Transportation, Communications, and Public Works (TCPW) Committee meeting.
Mayor Pro Tem Minjares reported on the status of the Animal Shelter Ad Hoc Committee.
Council Member Flynn reported on a CalCities Riverside County Division meeting.
Council Member Happe reported on the Banning Chamber of Commerce’s Installation Dinner.
Mayor Sanchez reported on the Banning Chamber of Commerce’s Installation Dinner.
5.5. CITY MANAGER REPORT
City Manager Schulze reported on the Ring of Honor Selection Committee and the Western Riverside County Council of Government’s (WRCOG) upcoming General Assembly meeting.
5.6. CITY ATTORNEY REPORT
City Attorney Young had no report.
Regular Meeting Minutes 3/26/2024 Page 4 of 9
5.7. CITY TREASURER REPORT
Treasurer Geronimo reported on two City Treasurer Reports he had missed as well as two Budget and Finance Committee meetings.
6. CONSENT AGENDA
6.1 Approval of the Meeting Minutes for the March 12, 2024 City Council Meetings
6.2 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of February 29, 2024
6.3 Receive and File Cash and Investments Report for the Month of February 2024
6.4 Receipts, Disbursements, & Fund Balances Reporting for Fiscal Year 2021-22, Fiscal Year 2022-23, and Fiscal Year 2023-24 Through Period 8
6.5 Receive and File Police Department Statistics for the Month of February 2024.
Recommendation: Receive and file Police Department statistics for the month of February 2024.
6.6 Receive and File Fire Protection Services Statistics for the Month of February 2024
6.7 Public Works Capital Improvement Project Tracking List
6.8 Receive and File Code Enforcement Update and Statistics for the Month of February 2024
6.9 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports
6.10 Accept as Complete Various Improvements Related to the Atwell Specific Plan Development and Authorize the 90% Bond Exoneration
6.11 Second Reading and Adoption of Ordinance 1601, Amending Sections 2.42.030(B),
2.42.040(A), 2.42.040(B)(2) of Chapter 2.42 (Youth Council) of Title 2 (Administration and Personnel) of the Banning Municipal Code to Modify the Composition of, the Meeting Times for, and the Quorum Requirements for the Banning Youth Council, and Making a Determination of Exemption from the California Environmental Quality Act
6.12 Consideration of Resolution 2024-50, Approving Contract Amendment No. 3 with Joe A. Gonsalves & Son to Provide Services in Legislative Advocacy and Governmental Affairs
6.13 Consideration of Resolution 2024-51, Declaring the Intention to Levy and Collect Assessments for Fiscal Year 2024/2025, Approving the Engineer’s Report and Setting the Date for the Public Hearing for Landscape Maintenance District No. 1 Public Comment
None
Motion to adopt consent agenda items 6.1 through 6.6, 6.8, 6.11 through 6.13.
Motion by Council Member Wallace
Seconded by Council Member Happe
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Regular Meeting Minutes 3/26/2024 Page 5 of 9
Motion approved by a vote of 5-0.
6.7. Public Works Capital Improvement Project Tracking List Art Vela, Director of Public Works, presented the staff report.
Public Comment
• Diego Rose
• Frank Burgess
Motion to receive and file.
Motion by Council Member Wallace
Seconded by Council Member Happe
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
6.9. Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports
Lincoln Bogard, Administrative Services Director, and Barbara Mason, Purchasing Manager, presented the staff report.
Public Comment
None
Motion to receive and file.
Motion by Council Member Happe
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
6.10. Accept as Complete Various Improvements Related to the Atwell Specific Plan Development and Authorize the 90% Bond Exoneration
Regular Meeting Minutes 3/26/2024 Page 6 of 9
Art Vela, Director of Public Works, presented the staff report.
Public Comment
None
Motion to accept as complete various improvements related to the Atwell Specific Plan Development and authorize the 90% bond exoneration.
Motion by Council Member Wallace
Seconded by Council Member Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
7. PUBLIC HEARING(S)
7.1. Consideration of Introduction of First Reading of Ordinance 1602, Amending Sections 3.36.020 and Section 3.36.080 of Chapter 3.36 (Fee and Service Charge Revenue / Cost comparison of Title 3 (Finance and Revenue) of the Banning Municipal Code to add a definition of Direct Variable Program Costs and amend Table C - Parks and Recreation Services to reflect the goal of 100% cost recovery of direct variable program costs and making a Determination of Exemption from the California Environmental Quality Act; and Consideration of Resolution 2024-52, Amending Fees for Certain Parks and Recreation Programs Ralph Wright, Parks and Recreation Director, presented the staff report.
Public Comment
• Frank Connolly
• Diego Rose
• Frank Burgess
Administrative City Clerk Patton read the ordinance by title only.
Motion to bring the ordinance back with a new fee schedule.
Motion by Council Member Happe
No second. Motion failed.
Motion to introduce and waive further reading of Ordinance 1602.
Motion by Council Member Flynn
Seconded by Mayor Sanchez
Regular Meeting Minutes 3/26/2024 Page 7 of 9
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-2.
Motion to adopt Resolution 2024-52.
Motion by Mayor Sanchez
Seconded by Council Member Flynn
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-2.
8. REPORTS OF OFFICERS
8.1 Decision Whether to Contract for and Select from Finalists from the Request for Proposals for Citywide Forensic Investigation Services
Lincoln Bogard, Administrative Services Director, presented the staff report.
Public Comment
• Diego Rose
• Frank Connolly
• Frank Burgess
Motion to move forward with having Administrative Services Director Lincoln Bogard complete a Phase I forensic audit of the City and authorize the City Manager to hire additional staff for the duration of the audit.
Motion by Mayor Sanchez
Seconded by Council Member Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-2.
Regular Meeting Minutes 3/26/2024 Page 8 of 9
Mayor Sanchez announced a recess at 9:34 p.m. The meeting was reconvened at 9:45 p.m.
9. DISCUSION ITEM(S)
9.1. Discussion of Council Policy Changes Regarding Extension of Meetings and Disparaging Remarks Made by Members of the City Council Considered following Agenda Item 5.1 as decided under Agenda Item 2.1.
9.2. Discuss Adding a City of Banning Identifier to the San Gorgonio Avenue Overpass Art Vela, Director of Public Works, presented the staff report.
Public Comment
• Frank Connolly
• Frank Burgess
Motion to continue the meeting past 10:00 p.m.
Motion by Council Member Wallace
Seconded by Council Member Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
10. ITEMS FOR FUTURE AGENDAS
10.1. New Items
1. Raising City Council Pay (Flynn)
10.2. Pending Items:
1. Grow Banning (Sanchez)
2. Food Desert Zoning Overlay (Minjares) Removed by Council Member Minjares
3. Beautification of San Gorgonio Overpass Funding (Gonzales)
4. Scope and Duties of the Budget and Finance Committee (Wallace)
5. Neighborhood Groups/Identities (Minjares)
6. Update on Community Garden (Flynn)
7. Donation Policy (Flynn)
8. Zencity Contract (Flynn)
9. Cannabis Ordinance/Moratorium (Flynn)
10. Zoom Options for Public Meetings (Flynn)
11. ADJOURNMENT
Motion to adjourn.
Regular Meeting Minutes 3/26/2024 Page 9 of 9
Motion by Mayor Sanchez
Seconded by Council Member Happe
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
The meeting was adjourned at 10:11 p.m.
Minutes Prepared by:
Caroline Patton, Administrative City Clerk
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:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 ATTACHMENTS:
Exhibit A – Agenda Item 6.7: Public Comments
Exhibit B – Agenda Item 7.1: Staff Presentation
Exhibit C – Agenda Item 7.1: Public Comments
Exhibit D – Agenda Item 8.1: Evaluator Score Sheets
Exhibit E – Agenda Item 9.2: Burgess Comments
Exhibit F – Agenda Item 9.2: Staff Presentation
ITEM 7.1 PUBLIC HEARING
CONSIDERATION OF ORDINANCE 1602
& RESOLUTION 2024-52 - PROPOSED
ADJUSTMENTS TO CERTAIN PARKS AND
RECREATION PROGRAM FEES
ITEM 7.1 PUBLIC HEARING
CONSIDERATION OF ORDINANCE 1602
& RESOLUTION 2024-52 - PROPOSED
ADJUSTMENTS TO CERTAIN PARKS AND
RECREATION PROGRAM FEES
Ralph Wright Parks and Recreation Director
Banning City Council March 26, 2024
Parks and Recreation Department
Evaluating Dept Cost Recovery
Fees have not been adjusted since 2019
Evaluating and developing a pricing policy.
Policy will include goals for cost recovery throughout department.
Policy will come forward for future Council consideration Bifurcation of Facility/Service fees and Program Fees Programs discussed today Concerns - PT labor intense Minimum wage increases.
City Wide-Fee Study in development Rental and Service fees
Parks and Recreation Fees Moving Forward
User/Service Fees
Facility Rental Fees
Parks, shelters, ballfields,
meeting and party rooms.
Program Fees
Today -
Youth Sports
Day Camp
Swim Lessons
Open Rec Swim
Subsequent Annual reviews
Other Program Fees Runs, Adult
Sports etc.
Instructor Classes
Negotiated and set with
instructors
Reviewed Annually Internally Reviewed as part of City Wide Fee Study Ordinance 1602 Amending
Chapter 3.36 of BMC
PROPOSED CHANGE
Direct Variable Program
Costs(DVPC)
Costs that are eliminated if
program is canceled.
GOAL 100% of DVPC
Future 100% plus 10 to
50% contribution to Indirect
costs.
Can be easily evaluated
internally on an annual
basis
EXISTING
Costs reasonably borne from:
Fees include
All direct program costs, wages,
benefits, supplies,etc
Indirect staffing costs
Department Operational and
maintenance costs
Facility costs, depreciation, CIP
etc
Requires fee study or intense
staffing requirement to review
Program Fees recovery goal
Direct Variable Program Costs
Selected Goal 100% Direct Program Cost Recovery
Commission felt move to initial full 100% cost recovery to large a single year increase.
Program Name # of part Current Fee Avg Fee total Exp Total rev Cost rec
%
Flag Football 125 $40.00 $8,684 $5,000 57.58%
Basketball 300 $40.00 $19,311 $12,000 62.14%
Open Rec Swim 12000
$1.50 Kids/Seniors
$3 Adults $1.88 $42,990 $22,500 52.34%
Swim Lessons 600 $45 $50 Non Res $47.00 $30,860 $27,875 90.33% Day Camp 450 $60.00 $42,424 $27,000 63.64%
Current Program Costs
Proposed
Program Fee
Budget
Breakdowns
Example
Recreation Program Budget Sheet
ALL SECTIONS BELOW TO BE BASED ON ESTIMATED AVERAGE PARTICIPATION Program Area Program FEE 40.00 $
A. REVENUE Site
REVENUE CODE $ TOTAL
Participation: Participation: Revenue:
Reveune: - $ 125 5,000.00 $
Sponsorship 12 teams @ $150.00 per team
$ -
$ -
TOTAL REVENUE $ $ 5,000.00
B. PERSONNEL COSTS
Lifeguard 0 0.00
Cashier 0 0.00
Rec Leader Ref - site lead 4 17.60 $ 6 9 216 3,801.60
Rec Leader Weekday 0 0.00
Rec Leader Training 4 $17.60 4 1 16 281.60
Coordinator 0 0.00
232
EXPENDITURE TOTAL B 4,083.20
C. OPERATION EXPENDITURES (equipment, supplies, awards, contract services, flyers, etc.) Referees 64 $21.00 $1344.00
Awards 1 $750.00 $750.00
Training/misc supplies 1 $151.61 $151.61
Game supplies 1 $250.00 $480.52
shirts 125 $15.00 $1875.00
$.00
$.00
$.00
EXPENDITURES TOTAL C $4,601.13
D. ADMINISTATIVE SUPPORT SERVICE FEE (Calculated: Expenditure B + C multiplied by 10%youth or 20%adult) Expend B+C Youth - $ Adult - $
TOTAL EXPENDITURE (B+C+D) $ $8,684.33
PREPARED BY Title
AT A GLANCE
TOTAL REVENUE(section A) $5,000.00 * If expenditure exceeds revenue, denoting a subsidy, LESS TOTAL EXPENDITURES $8,684.33 please complete the follow ing:
(Section B,C, and D combined) Actual Amount of Subsidy Per Person/Team -$29.47 NET REVENUE (if + amount) ($3,684.33) (Subsidy Amount divided by projected participation) Program Fee to Break-even $ 69.47
*Net SUBSIDY (if - amount) $__________ (Amount of Subsidy per person/team + proposed program fee) # OF
PROGRAM
WEEKS
TOTAL
HOURS $ TOTAL
EXP CODE ACCT DESC DESCRIPTION UNITS
APPROX
UNIT
COST
$ TOTAL
EXP CODE POSITION FUNCTION # OF
POSITIONS
PAY RATE
PER
HOUR
HOURS PER
WEEK
Description:
Flag Football
Repplier
Previous Year - Actual - Estimated 2022 Season
Proposed Fee Youth Sports
Basketball, Flag Football, Soccer, Volleyball
Goal of 100% of direct costs
Current Fee - $40
Goal Fee Youth Flag Football - $69.47
Goal Fee Youth Basketball - $64.37
Avg Comparable City Fee - $ 74.67
Proposed Fee - $60 (Increase of $20)
Also plan
Added Value of Memory Mate Picture for all participants Solicitation of Team Sponsors for All Teams
Proposed Fee Open Rec Swim
Goal of 100% of direct costs
Current Fee - $1.50 youth, $3.00 Adults
Avg Fee - $1.88 per participant (FPP)
Goal Fee Open Recreation Swim Avg FPP- $3.58
Avg Comparable City Fee - $ 4.50 youth, $5.37 Adults
Proposed Fee - $2.50 youth, $3.50 Adults (Youth/Senior Fee was not adjusted in 2019)
(Increase $1 youth and $.50 Adults)
Proposed Avg Fee - $2.75
Offer free movie nights and will continue to look at other sponsorship options for free events for community.
Proposed Fee Swim Lessons
Goal of 100% of direct costs
Current Fee - $45 Non-Residents +$5
Goal Fee Swim Lessons - $51.43
Avg Comparable City Fee - $ 54.12
Proposed Fee - $50 / $55 Non-Resident (Increase of $5) Proposed Fee Day Camp
Goal of 100% of direct costs
Current Fee - $60
Goal Fee Day Camp- $94.28
Avg Comparable City Fee - $ 117.35
Proposed Fee - $80 year 1, 2025 $90 (Increase of $20) Participant Assistance with
Proposed Fee Increase
Value Added Youth Sports, Solicitation of Team Sponsorships Solicit sponsorships for open swim events
Establishment of a Multi-Family Discount Policy
Fund Department Scholarship program through Sponsorships, Grant Funding etc
Recommendation to Council
1) Introduce Ordinance 1602 amending Chapter 3.36 of BMC modifying cost recovery goal for certain program areas 2) Adopt Resolution 2024 52 amending the program participant fees for certain Recreation Programs Note 2 :Open Rec Fee Current avg fee $1.88 Proposed fee average $2.75 Note 3 : Day Camp Fee proposal Subcommitte recommended Between $80 and $90 per session Note 1 : Youth Sports Value added with new fee Sponsorships and Memory Mate picture package Program Name # of part Current Fee Avg Fee total Exp Total rev Cost rec
%
Proposed
Fees Total Exp Total Rev
Cost Rec
%
Flag Football 125 $40.00 $8,684 $5,000 57.58% $60.00 $8,684 $7,500.00 86% Basketball 300 $40.00 $19,311 $12,000 62.14% $60.00 $19,311 $18,000.00 93% Open Rec Swim 12000
$1.50 Kids/Seniors
$3 Adults $1.88 $42,990 $22,500 52.34%
$2.50
kids/Seniors
$3.50 Adults $42,990 $33,000.00 77%
Swim Lessons 600 $45 $50 Non Res $47.00 $30,860 $27,875 90.33% $50 $55
Non Res $30,860 $31,200.00 101%
Day Camp 450 $60.00 $42,424 $27,000 63.64% $80.00 $42,424 $36,000.00 85% Current Program Costs Proposed Fees
Fiscal impact
Assumptions
No Change in Participation Levels
No other unknown increases
Potential Increased Revenue
Youth Sports - $11,000 ($2,500 Flag Football, Soccer, $6,000 Basketball) Aquatics - $13,500 (Open Swim $10,500, Swim Lessons $3,000) Day Camp - $13,500
Overall Potential Increased Revenue per Fiscal Year - $38,000 Ralph Wright
Parks and Recreation Director
Questions?
SAN GORGONIO AVENUE OVERPASS
CITY IDENTIFIER
CITY IDENTIFIERS
Benefits:
Branding opportunity
Recognition
Positive Image
COST AND FUNDING
Cost Range
$500,000 - $1,500,000
Possible funding sources:
Grants
Clean California
Reconnecting Communities/Neighborhoods
ATP (Downtown Revitalization)
Infrastructure Finance District
Local Funds
OPTIONS
Option #1: Do nothing
Option #2: Research grants and apply when grants are
available.
Option #3: Procure architectural services, develop
renderings and cost estimates ($20,000-$30,000).
Discussion and Direction
Thank you!