1. CALL TO ORDER
1.1 INVOCATION
Performed by Pastor Eric Biggers of Mission Church of God in Christ
1.2 PLEDGE OF ALLEGIANCE
1.3 ROLL CALL
2. AGENDA APPROVAL
2.1 AGENDA APPROVAL
3. PRESENTATIONS
3.1 Quarterly Small Business Recognition - Family Car Wash Recommendation:
Staff respectfully recommends City Council recognize Family Car Wash, an exceptional small business within the City.
4. REPORT ON CLOSED SESSION
Serita Young, City Attorney
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS
5.1 PUBLIC COMMENTS
5.2 CORRESPONDENCE
5.3 APPOINTMENTS
5.4 CITY COUNCIL COMMITTEE REPORTS
5.5 CITY MANAGER'S REPORT
5.6 CITY ATTORNEY'S REPORT
5.7 CITY TREASURER'S REPORT
6. CONSENT ITEMS
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.
6.1 Approval of the Meeting Minutes for the July 9, 2024 City Council Meetings Recommendation:
Approve the minutes of the July 9, 2024 City Council Meetings.
6.2 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of June 2024 Recommendation:
Receive and file the warrants for period ending June 30, 2024, per California Government Code Section 37208.
6.3 Receive and File Cash and Investments Report for the Month of June 2024 Recommendation:
That City Council receive and file Cash and Investment Report for June 2024 on this day, August 27, 2024, in accordance with California Government Code 53646.
6.4 Receipts, Disbursements, & Fund Balances Reporting for Fiscal Year 2023-24, Period 12, June 2024, and Fiscal Year 2024-25, Period 1, July 2024 Recommendation:
Receive and file.
6.5 Receive and File Police Department Statistics for the Month of June and July 2024 Recommendation:
Receive and file
6.6 Receive and File Fire Protection Services Statistics for the Month of June and July 2024 Recommendation:
Receive and file
6.7 Public Works Capital Improvement Project Tracking List Recommendation:
Receive and file.
6.8 Receive and File Code Enforcement Update and Statistics for the Months of June and July 2024 Recommendation:
Receive and file.
6.9 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports for June and July 2024 Recommendation:
Receive and file
6.10 City Council Travel and Conference Expense Report Year to Date June 30, 2024 Recommendation:
Receive and file
6.11 Consideration of Resolution 2024-128, Approving the Acceptance of the Distribution of the 2023 Emergency Management Performance Grant (EMPG) Program Award Recommendation:
Adopt Resolution 2024-128.
6.12 Consideration of Resolution 2024-129, Approving a Successor Memorandum of Understandings with the Banning Police Officers' Association, Representing All City Employees Eligible for Inclusion in the Police Unit, Effective March 28, 2024, Through March 27, 2027, and Authorizing the City Manager to Finalize and Execute a Successor Agreement Recommendation:
Adopt Resolution 2024-129.
6.13 Consideration of Resolution 2024-130, Accepting a Donation from First Industrial, LP in the Amount of $2,500 Recommendation:
Adopt Resolution 2024-130.
6.14 Consideration of Resolution 2024-131, Accepting a Donation from Sun Lakes Charitable Trust in the Amount of $2,000 Recommendation:
Adopt Resolution 2024-131.
6.15 Consideration of Resolution 2024-132, Awarding A Professional Services Agreement for the Construction Management and Inspections Services of Charles Street and Lincoln Street Non-Potable Water Booster Stations and Reservoirs Project to TKE Engineering, Inc. in the amount of $910,880 and Approving a 10% Contingency for a Total Project Budget of “Not-to-Exceed” $1,001,968.
Recommendation:
Adopt Resolution 2024-132.
6.16 Consideration of Resolution 2024-133, Awarding a Professional Services Agreement to Albert A. Webb Associates in the amount of $79,700 for CEQA Related Biological and Paleontological Monitoring and Reporting During the Construction of Charles Street and Lincoln Street Non-Potable Water Booster Stations Recommendation:
Adopt Resolution 2024-133.
6.17 Consideration of Resolution 2024-134, Approving Amendment No. 1 to the Professional Services Agreement with Kimley-Horn and Associates, Inc. for an Additional Amount of $17,850 for Design of the Lions Park Non-Potable Water Irrigation Conversion Recommendation:
Adopt Resolution 2024-134.
6.18 Consideration of Resolution 2024-135, Approving an Amendment to the GARDA CL West, Inc. Purchase Order (PO 031919) to Increase the Amount by $2,000.00 for a Total of $27,0000.00 for Fiscal Year 2024 Expenditures and Approving a New Purchase Order for GARDA CL West, Inc. to Use During Fiscal Year 2025 for an Amount Not to Exceed $30,000.00 Recommendation:
Adopt Resolution 2024-135.
6.19 Consideration of (1) Resolution 2024-136, Amending the Classification and Compensation Plan; and (2) Resolution 2024-137, Revising the Confidential Employee Benefit Plan Recommendation:
Adopt Resolution 2024-136 and Resolution 2024-137.
6.20 Consideration of Resolution 2024-138, Approving an Amendment No. 2 to the Professional Services Agreement (C00853) with Eide Bailly for External Audit Services for Fiscal Year 2022-23 Cost Overruns in the Amount of $50,000 after 23 Percent Discount Recommendation:
Adopt Resolution 2024-138.
6.21 Notification that The City is Changing its Availability Period from 60 Days to 90 Days for Eligible Revenues under the Modified Accrual Basis of Accounting Recommendation:
Receive and file.
7. PUBLIC HEARINGS
7.1 Consideration of Resolution 2024-140, Approving EA 24-0051, an Initial Study/Mitigated Negative Declaration for the Proposed Construction and Operation of a New Non-Potable Water Storage Reservoir that is 24-Feet in Diameter and 21-Feet Tall with a Capacity of Approximately 61,000 Gallons, Associated Appurtenances, Onsite Access Road, and the Construction and Operation of a New Booster Pump Station Designed for the Future Ultimate Flow of 2,500 Gallons Per Minute (GPM). The Proposed Reservoir and Booster Station will be Located on a Portion of Accessor's Parcel Number (APN) 538-280-001 that is Approximately 7.51 Acres. The Project Site is Located on a City-Owned Property within the Open Space-Parks (OS-P) Zoning District and is Generally Located on the South Side of West Lincoln Street and East of 22nd Street, within the City of Banning, California; and Adopting a Mitigation Monitoring and Reporting Program for the Project Recommendation:
Adopt Resolution 2024-140.
8. REPORTS OF OFFICERS
8.1 Consideration of the Ring of Honor Selection Committee's Nomination to City Council to Place Arthur Lee "Art" Welch in the City of Banning's Ring of Honor Recommendation:
Accept or reject the Ring of Honor Selection Committee's nomination of Arthur Lee "Art" Welch to the City's Ring of Honor.
8.2 Consideration of Resolution 2024-141, Expressing Support for Actions to Further Strengthen Local Democracy, Authority, and Control As Related to Local Zoning and Housing Issues Recommendation:
Adopt Resolution 2024-141.
8.3 Consideration of Resolution 2024-142, Approving a Contract with American Legal Publishing, LLC (C01061) for a Municipal Code Update Project for a Term Ending on December 31, 2025, for Total Not-To-Exceed Amount of $50,000 to Conduct a Holistic Review and Update of the Municipal Code to Modernize the Code Utilizing Reader Friendly Text and Format, Eliminate Outdated and Redundant Provisions, Eliminate Inconsistencies and Contradictions, Simplify Code Provisions, and to Ensure Consistency and Compliance with Current State and Federal Law Recommendation:
Adopt Resolution 2024-142.
8.4 City of Banning Fiscal Year 2022-23 Annual Comprehensive Financial Report (ACFR), Banning Utility Authority (BUA) FY 2022-23 Financial Statements, City of Banning FY 2022-23 GANN Limit Agreed Upon Procedures (AUP) Report, City of Banning FY 2022-23 Single Audit Report, and related Management Letters and Governance Letters Recommendation:
Receive and file City of Banning Fiscal Year 2022-23 Annual Comprehensive Financial Report (ACFR), Banning Utility Authority (BUA) FY 2022-23 Financial Statements, City of Banning FY 2022-23 GANN Limit Agreed Upon Procedures (AUP) Report, City of Banning FY 2022-23 Single Audit Report, and related Management Letters and Governance Letters.
8.5 Consideration of Resolution 2024-143, Creating a Community Revitalization Investment Authority to Operate within the Community, and Making Certain Findings and Taking Certain Actions in Connection Therewith, and Resolution 2024-05 SA, Making Certain Findings Relating to the City of Banning's Creation of a Community Revitalization Investment Authority to Operate within the Community Recommendation:
(1) That the Successor Agency adopt Resolution 2024-05 SA; and (2) That the City Council adopt Resolution 2024-143.
8.6 Consideration of the First Reading and Introduction of Ordinance 1606, Setting Salaries for City Council Recommendation:
Conduct first reading of Ordinance 1606 and set second reading for September 10, 2024 Regular Meeting of the City Council.
9. DISCUSSION ITEMS
9.1 Discussion of Proposed Amendments to Banning Municipal Code and Zoning Pertaining to Cannabis Businesses, Including the Possibility of Implementing an Urgency Ordinance/Moratorium Recommendation:
Receive information and presentation from staff and public speakers; followed by discussion of the Council Members and direction to staff.
9.2 Discussion of the Banning Electric Utility Emergency Rate Increase Scenarios Recommendation:
Discuss the different alternatives for a possible emergency electrical rate increase and provide direction to staff.
9.3 Presentation and consideration of the Results of the Time Study and Associated Cost Analysis of the Itron Electric Meter Failures Due to Mesh Communication Issues that Resulted in Reprogramming and Replacing Impacted Electric Meters Recommendation:
Receive and file presentation and provide direction to staff regarding seeking reimbursement from Itron for meter reprogramming and exchange costs.
9.4 Overview and Presentation of Industrial Development Projects in the City of Banning Recommendation:
Receive, file, and discussion only
10. ITEMS FOR FUTURE AGENDAS
10.1 NEW ITEMS
10.2 EXISTING ITEMS
Grow Banning (Sanchez)
Neighborhood Groups/Identities (Minjares)
Update on Community Garden (Flynn)
Zencity Contract (Flynn)
Zoom Options for Public Meetings (Flynn)
Developer Presentation for Sunset Crossroads Project (Flynn) City Manager Evaluation (Flynn)
All Active Lawsuits against the City (Flynn)
Map of All Warehouses (Current/Planned) Within the City (Flynn)
11. ADJOURNMENT
Next Regular Meeting – September 10, 2024