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 10/8/2024
CITY COUNCIL REGULAR MEETING
COUNCIL MEMBERS PRESENT: Council Member Sheri Flynn
Council Member David Happe
Mayor Pro Tem Minjares
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
Laurie Sampson, Assistant City Manager
Serita Young, City Attorney
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Lincoln Bogard, Administrative Services Director
Art Vela, Director of Public Works
David Newell, Community Development Director
Nate Smith, Deputy Director of Public Works/City Engineer Emery Papp, Planning Manager
Jeffrey Platt, Homeless Services Director
Carla Young, Business Support Manager
Amber Rockwell, CORE Manager
1. CALL TO ORDER
Mayor Sanchez called the regular meeting to order at 5:11 p.m.
1.1. Invocation – Pastor Todd Oldenburg led the invocation.
1.2. 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
Regular Meeting Minutes 10/8/2024 Page 2 of 9
Motion to approve the agenda with the removal of Agenda Item 6.3.
Motion by Council Member Wallace
Seconded by Mayor Pro Tem 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.
3. PRESENTATIONS
3.1. Proclamation - Fire Prevention Week
4. REPORT ON CLOSED SESSION
Serita Young, City Attorney reported that as to Agenda Item 3.1, there was discussion and direction provided to staff, with no final nor reportable action. For Agenda Item 3.2 the Council gave direction to initiate an action. Once the item is formally announced, the parties involved will be reported.
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:
• Sue Savage
• Anita Lu
• Inge Schuler
• Frank Burgess
• Lisa [Last Name Not Provided]
• Diego Rose
5.2. CORRESPONDENCE
Six items of correspondence were received and distributed to City Council prior to the meeting.
5.3. APPOINTMENTS
5.3.1 Consideration of the Appointment of Two Members of the City Council to a 2x2x2 Ad Hoc Committee for the Purpose of Discussing Truck Routes in the Pass Area Public Comments
• Kathleen Dale
Regular Meeting Minutes 10/8/2024 Page 3 of 9
Motion to continue this item to the Regular City Council Meeting on December 10, 2024.
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 5-0.
5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a meeting of the Regional Conservation Authority (RCA).
Mayor Pro Tem Minjares reported on a San Gorgonio Pass Regional Water Alliance meeting and a meeting of the San Gorgonio Pass Water Agency (SGPWA).
Council Member Flynn reported on a meeting of the Western Riverside County Council of Governments (WRCOG) and the Calimesa State of the City.
Council Member Happe had no report.
Mayor Sanchez had no report.
5.6. CITY ATTORNEY REPORT
City Attorney Young had no report.
5.7. CITY TREASURER REPORT
City Treasurer Geronimo reported on City Treasurer duties and an upcoming Budget and Finance Committee meeting.
5.5. CITY MANAGER REPORT
City Manager Schulze reported on the upcoming election, including available ballot drop-off locations and vote centers in the city. He reviewed the written direction provided by the Animal Services Ad Hoc Committee.
6. CONSENT AGENDA
6.1 Approval of the Meeting Minutes for the September 24, 2024 City Council Meetings Recommendation: Approve the minutes of the September 24, 2024 City Council Meetings.
6.2 Accept an Easement for Public Street and Utility Purposes from the San Gorgonio Memorial Hospital for the Construction and Operation of a Two-Bay Bus Stop on Highland Springs Avenue South of Wilson Street
Regular Meeting Minutes 10/8/2024 Page 4 of 9
6.3 Authorize the City Manager to Sign the Notice of Completion for “Well M12A Groundwater Production Well Drilling, Construction, Development and Testing” and Direct the City Clerk to Record the Notice of Completion Removed under Agenda Item 2.1
6.4 Consideration of Resolution 2024-156, Approving a Professional Services Agreement with UBEO Business Services LLC for Scanning and Indexing Services for $55,000
6.5 Consideration of Resolution 2024- 157, Authorizing the Purchase of 10 Additional Getac Body Worn Cameras, Accessories, and Multi-dock Charging Stations
6.6 Consideration of Resolution 2024-158, Amending the Classification and Compensation Plan
6.7 Consideration of Resolution 2024-159, Accepting Community Development Block Grant (CDBG) Funds for Fiscal Year 2024/2025 in the Amount of $159,408 for the Banning Senior Center (5.BN.61-24) in the Amount of $43,144; Dysart Park Improvement Project (5.BN.62-24) in the Amount of $105,000; and Banning Peace Center Food Program (5.BN.63-24) in the amount of $11,264
6.8 Consideration of Resolution 2024-160, Authorizing the City Manager, or Designee, to Execute Agreements with the California Department of Transportation for the City of Banning
6.9 Consideration of Resolution 2024-161, Authorizing the City Manager to Execute a Grant Agreement with the Riverside County Transportation Commission for $5,000,000 in Contribution to the Hargrave Grade Separation Project
6.10 Consideration of Resolution 2024-162, Approving Payment Processing Fee Changes for Utility Billing as of November 1, 2024
6.11 Consideration of Resolution 2024-163, Approving Additional Funding for the City's Weed Abatement Program from a total of $120,000 to $300,000 for Fiscal Year 2024/2025 and Approving Amendment No. 1 to Professional Service Agreements with CM Landscapes, Integrity Arborist & Ecoscape, Inc, and Mariposa Landscapes, Inc.
6.12 Accept Street Monuments for Tracts 37389-2 and 37389-3 (Atwell Planning Areas 10 and 11) and Release Monumentation Bonds
Council Member Happe recused himself for a financial interest in Agenda Item 6.11.
Public Comment
None
Motion to adopt consent agenda items 6.1, 6.2, 6.4, 6.7, 6.9, 6.11 and 6.12.
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-0, with 1 recusal.
Regular Meeting Minutes 10/8/2024 Page 5 of 9
6.5 Consideration of Resolution 2024-157, Authorizing the Purchase of 10 Additional Getac Body Worn Cameras, Accessories, and Multi-dock Charging Stations Vince Avila, Police Lieutenant, and Barbara Mason, Purchasing Manager, answered City Council questions about the report.
Public Comments
None
Motion to adopt Resolution 2024-157.
Motion by Council Member Wallace
Seconded by Mayor Sanchez
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.
6.6 Consideration of Resolution 2024-158, Amending the Classification and Compensation Plan
Lincoln Bogard, Administrative Services Director, answered City Council questions about the report.
Public Comments
None
Motion to adopt Resolution 2024-158.
Motion by Council Member Wallace
Seconded by Mayor Sanchez
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.
6.8 Consideration of Resolution 2024-160, Authorizing the City Manager, or Designee, to Execute Agreements with the California Department of Transportation for the City of Banning
Art Vela, Director of Public Works, answered City Council questions about the report.
Regular Meeting Minutes 10/8/2024 Page 6 of 9
Public Comments
• Frank Burgess
• Kathleen Dale
Motion to adopt Resolution 2024-160.
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.
6.10 Consideration of Resolution 2024-162, Approving Payment Processing Fee Changes for Utility Billing as of November 1, 2024
Lincoln Bogard, Administrative Services Director, answered City Council questions about the report.
Public Comment
• Cindy Barrington
• Kathleen Dale
• Frank Burgess
Motion to adopt Resolution 2024-162.
Motion by Council Member Wallace
Seconded by Mayor Sanchez
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 6:53 p.m.
7. PUBLIC HEARING(S)
None
Regular Meeting Minutes 10/8/2024 Page 7 of 9
8. REPORTS OF OFFICERS
8.1 Consideration of Resolution 2024-164, Adopting the Revised Banning Procedural Manual
Serita Young, City Attorney, presented the staff report.
Public Comment
• Frank Burgess
Motion to adopt Resolution 2024-164.
Motion by Council Member Wallace
Seconded by Mayor Sanchez
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.
8.2 Presentation and Update on the Banning Electric Utility Public Benefits Fund
Art Vela, Director of Public Works, presented the staff report. Carla Young, Business Support Manager, and Amber Rockwell, CORE Manager, also addressed the City Council regarding the Public Benefits Fund.
Public Comment
None
9. DISCUSSION ITEM(S)
9.1 Reconsideration Request by Sun Lakes Highland, LLC on the City Council's Decision of September 10, 2024 to Adopt Resolution 2024-151, Denying Entitlement Applications (Tentative Parcel Map 38164 and Design Review DR 21-7008) for the Banning Point Project
David Newell, Community Development Director, presented the staff report.
Public Comment
• Sue Savage
• Randy Robbins
• Lucas Urgoiti
• Kevin Bundy
• Ron Roy
• Kathleen Dale
• Cindy Barrington
Regular Meeting Minutes 10/8/2024 Page 8 of 9
Motion to call the question.
Motion by Mayor Pro Tem Minjares
Seconded by Mayor Sanchez
Mayor Pro Tem Minjares withdrew his motion.
Mayor Sanchez announced a recess at 8:22 p.m. The meeting was reconvened at 8:36 p.m.
No motion to reconsider. The request is denied.
9.2 Discussion of the Topics Covered at the August 8, 2024 General Plan Advisory Committee Meeting
Emery Papp, Planning Manager, presented the staff report. Nate Smith, Deputy Director of Public Works/City Engineer also responded to City Council questions.
Public Comment
• Cindy Barrington
9.3 Receive and File Opportunity Village Project Update
Jeffrey Platt, Homeless Services 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. Neighborhood Groups/Identities (Minjares)
3. Update on Community Garden (Flynn)
4. Zencity Contract (Flynn)
5. Zoom Options for Public Meetings (Flynn)
6. Developer Presentation on Sunset Crossroads Project (Flynn)
7. City Manager Evaluation (Flynn)
8. All Active Lawsuits against the City (Flynn)
9. Increased Compensation for City Treasurer and City Clerk (Flynn)
11. ADJOURNMENT
Motion to adjourn.
Motion by Mayor Sanchez
Seconded by Council Member Happe
Regular Meeting Minutes 10/8/2024 Page 9 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 5-0.
The meeting was adjourned at 9:33 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 – Public Comment Received
Exhibit B – Agenda Item 6.10: Staff Presentation
Exhibit C – Agenda Item 8.2: Staff Presentation
Exhibit D – Agenda Item 9.2: Staff Presentation
1 From: Kathleen Aranda <[email protected]>
Sent: Thursday, September 26, 2024 12:56 PM
To: Colleen Wallace; Doug Schulze; Caroline Patton; Sandra Calderon; Alberto Sanchez; Rick Minjares; Sheri Flynn; David Happe
Subject: Re: Unethical Conduct by Coleen Wallace
Please include this additional email responses to the public record on the October 8, 2024 city Council meeting
Subject: Ethical Concerns and Request for Further Review Dear Ms. Wallace,
Thank you again for your email responses. Please understand that my intention is not to debate this situation with you or put you on the defensive. As a concerned citizen, I feel compelled to address what I believe to be unethical and inappropriate behavior from a City Council member. It is important to note that, in these instances, you are not acting as a private citizen, but rather in your official capacity as an elected official, which carries certain responsibilities and expectations.
In my opinion, your recent actions have overstepped the bounds of ethical and appropriate behavior for a Council member. Rather than engaging in a back-and-forth on this topic, I would respectfully recommend that you seek advice from the city attorney or city manager to review these behaviors. This would help ensure that your conduct is aligned with ethical standards and reflects a more appropriate, transparent, and ethical approach moving forward.
Thank you for your consideration of this matter.
Sincerely,
Kathleen Aranda
On Sep 26, 2024, at 12:17 PM, Colleen Wallace <[email protected]> wrote:
I know ethical standards and I can make comments so what’s the problem Get Outlook for iOS
From: Colleen Wallace <[email protected]>
Sent: Thursday, September 26, 2024 12:14:29 PM
To: Kathleen Aranda <[email protected]>
Subject: Re: Unethical Conduct by Coleen Wallace
There is no personal gain in this this is what citizens r here for to help r community Exhibit A
2 Get Outlook for iOS
From: Kathleen Aranda <[email protected]>
Sent: Thursday, September 26, 2024 12:10:08 PM
To: Colleen Wallace <[email protected]>; Doug Schulze <[email protected]>; Caroline Patton <[email protected]>; Sandra Calderon <[email protected]>; Alberto Sanchez <[email protected]>; Rick Minjares <[email protected]>; Sheri Flynn <[email protected]>; David Happe <[email protected]> Subject: Re: Unethical Conduct by Coleen Wallace
Please make this continued email part of the public record and add to the October 8, 2024 council meeting comments.
Subject: Ethical Concerns Regarding Recent Actions
Dear Ms. Wallace,
Thank you for your timely response to my previous email. While I appreciate your willingness to address the situation, I must remain focused on the matter at hand. It is widely recognized that business referrals, whether by individuals who are actively working or retired, can result in personal gain, whether financial or otherwise. In the case of your offer to provide your father’s phone number to a property owner’s representative during a City Council meeting, there remains the potential for either direct or indirect financial benefit, which raises an ethical concern.
Additionally, I would like to address a separate ethical concern regarding your comments on the public Facebook page of District 3 City Council candidate Debbie Robbins. When someone inquired about the removal of Ms. Robbins' signs, Ms Robbins responded that either the city or the property owner had removed them. You proceeded to comment suggesting that, if other signs were present, her signs should be put back up. I believe this oversteps your role as a council member, as it is the City of Banning's responsibility to enforce its sign code. Your involvement in offering advice in this matter, particularly in a public forum for a candidate, could be perceived as inappropriate and potentially unethical, especially given the city's current discussions around modifying the code for political signs.
I trust you understand the importance of maintaining ethical standards and avoiding conflicts of interest, and I hope you will reconsider your involvement in these matters moving forward.
Sincerely,
Kathleen Aranda
3 On Sep 26, 2024, at 11:00 AM, Colleen Wallace <[email protected]> wrote:
Ms Aranda my father has been retired for many many years and he no longer does this type of work my offer to share my father’s phone number was only to be helpful because he knows contractors who does this type of work Get Outlook for iOS
From: Kathleen Aranda <[email protected]>
Sent: Thursday, September 26, 2024 10:33:10 AM
To: Doug Schulze <[email protected]>; Caroline Patton <[email protected]>; Sandra Calderon <[email protected]>; Alberto Sanchez <[email protected]>; Rick Minjares <[email protected]>; Colleen Wallace <[email protected]>; Sheri Flynn <[email protected]>; David Happe <[email protected]>
Subject: Unethical Conduct by Coleen Wallace
Please make this email/comments a part of the official record 10/08/24 I am writing to express concern over a potential ethical issue that arose during the City Council meeting on Tuesday, September 22. During the meeting, Coleen Wallace had a public interaction with a representative who was seeking a contractor to work with a property owner for building homes.
Coleen mentioned multiple times that her father did similar work and offered to share her father’s phone number with the property owners representative .
While the offer may have been well-intentioned, it raises concerns about the potential for conflicts of interest, as it could appear that Councilmember Wallace is directing work towards her family member during official city 4 business. Such actions may not align with the ethical standards expected in public office.
I believe it is important for all public officials to avoid even the appearance of conflicts of interest, and I respectfully request that this matter be reviewed to ensure transparency and fairness in all city-related dealings.
Thank you for your attention to this matter.
Kathleen Aranda
City of Banning
!4/o rr//r, rrr " (/jr,r,,/, 9/.rr,cr,(iott. ,.4u'- / Po Box 355 Banning, CA92220
Fedcr.rl ID #33-0196267
(9 511 922 -324O' nttttttt.p layb ouseb out l. com
September 20,2024
City of Banning Electric Utility
176 E. Lincoln Street
P.O. Box 998
Ba n ning, CA 92220
Dear Amber and Ca rla:
On behalf ofthe Playhouse Bowl Association, lnc. I want to thank you for your wonderful support of our 2024 concert series. Bringing your CORE trailer to the concert gave everyone the opportunity to ask questions directly and receive information on low-income, medical discounts, and rebates. So much information that so many people were not aware of. And as always the free T-Shirts are a big hitl The gift baskets donated for our raffle were full of wonderful and useful items. Who can't use fans, extension cords, cooling towels, surge protectors and cooling blankets. All so welcome during the very hot month of August!! We also want to thank you for the sponsorship of our third concert on August 15, 2024 through the Public Benefits Program. The support and assistance you give us is such a big part of the success of our concert series and we hope you know how much we appreciate it.
Sincerely,
eOq"
0 -JonrD
L nette Mccoy Torres
President
E
{
I ,rill.;&
a
a
EF
-*M ,,
I
.!
\
n
rru
4 ,
-tr
[>, ,\v:
1 From: Raelene Kretchman Thornton <[email protected]> Sent: Monday, October 7, 2024 5:57 PM
To: cityclerks
Subject: Public comments for October 8th meeting.
Attachments: City Council 10.8. public comment.pdf
Caroline, Patton,
Attached are my comments for the public record of the October 8 , city council meeting, Warmest Regards,
Raelene Kretchman
714-815-6990
My name is Raelene Kretchman, and I have been a resident of the city of Banning for the past 11 years, and I reside in Sun Lakes. I would like the following comments to be on the public comments section of the October 8th city council meeting.
During the devastating Covid lockdown, the city of Banning undertook environmental and traffic studies, fully aware that our streets would be deserted as residents faced the challenges of survival during a global pandemic. Changing zoning laws while residents were preoccupied with the critical fight for their health and safety is not only inappropriate; it is deeply troubling coming from those who were elected to advocate for the needs of the citizens. I find it perplexing that two of the council members would choose to go against the will of the people by voting in favor of this project.
At the prior council meeting, the builder made a statement, which I am paraphrasing: “We need to make way for the younger generation; we’ve had our opportunity to work, and now it’s their turn.” However, the reality is that the construction workers present at these events often have little vested interest in the city of Banning. They are typically paid overtime by the unions to attend on behalf of the builders, to pull on the heartstrings of the council, and community, as they emphasize the need for jobs to support their families.
I’d like to draw your attention to Assembly Bill 98, signed into law by Governor Gavin Newsom.
This legislation places vital restrictions on the construction of warehouses near what are defined as "sensitive receptors." For clarity, a "sensitive receptor" includes any kind of residence, whether it be a private home, apartment, condominium, group home, dormitory, or retirement facility.
Since both the Lakes and Sun Lakes fall under “Sensitive Receptors” I implore each of you to prioritize the well-being of the citizens of Banning and stand firm against pressure from the developer. It is crucial that we do not allow them to coerce or bully you into overturning the recent NO vote against the Banning Point project.
Building such a facility next to the Lakes and across from Sun Lakes poses significant health and safety risks to our community. I urge you retain the No vote! Thank you for your time and consideration.
Raelene Kretchman
950 S Bay Hill Road
Banning, CA
396 HAYES STREET, SAN FRANCISCO, CA 94102
T: (415) 552-7272 F: (415) 552-5816
www.smwlaw.com
KEVIN P. BUNDY
Attorney
[email protected]
October 7, 2024
Via Electronic Mail Only
Mayor Alberto Sanchez
Members of the City Council
City of Banning
99 E. Ramsey Street
Banning, CA 92220
E-Mail: [email protected]
Re: Reconsideration Request of Sun Lakes Highland, LLC on the City Council’s Adoption of Resolution No. 2024-151 (Banning Point) Item 9.1; October 8, 2024 City Council Agenda
Dear Mayor Sanchez and Members of the City Council:
On behalf of Pass Action Group, we offer the following response to the letter from the Allen Matkins firm dated September 25, 20241
requesting reconsideration of the City
Council’s decision to deny entitlements for the Banning Point project (the “Project”).
The request for reconsideration should be denied. As discussed below, the applicant’s request for reconsideration of the Council’s July 9 actions is untimely, and the purportedly “new” information attached to the September 25 letter provides no basis for further reconsideration of the Council’s September 10 adoption of Resolution No. 2024- 151. The Project applicant has already had multiple opportunities to make its case that the City Council should hold a new public hearing on the Project due to allegations of bias against certain councilmembers. The Council has already properly decided not to hold a new public hearing. There is no reason to revisit that decision. 1 Letter from K. Erik Friess, Allen Matkins, to Interim Community Development Director, City of Banning, Re: Sun Lakes Highland, LLC’s request for reconsideration of the City Council’s adoption of Resolution 2024-151 (Sept. 25, 2024) (“September 25 Letter”).
Mayor Alberto Sanchez and City Council Members
October 7, 2024
The Council made a final decision to deny the Project after holding a full public hearing on July 9 and once again receiving extensive public comment on September 10.
Both of the council members the applicant has accused of being biased addressed these accusations at length during the September 10 hearing. It is not reasonable to expect that either council member would recuse themselves from a new public hearing, even if one were granted. Holding yet another public hearing on the same project, where the same parties would once again present the same arguments to the same decision-makers, would only waste the parties’ and the City’s resources and further inflame community divisions.
The community should be allowed to move forward regardless of what the applicant decides to do next.
I. The applicant’s request for reconsideration of the Council’s July 9 actions is untimely and has already been denied.
There is no basis for the Council to reconsider actions taken at the July 9 Council meeting.
The applicant’s September 25 Letter asserts that “additional information has come to light about the public hearing on July 9, 2024.” September 25 Letter at 2. But the letter offers no “additional” information. Rather, the September 25 Letter merely references and repeats allegations already made in the applicant’s July 25, 2024 letter.2 Ibid. The deadline for requesting reconsideration of actions taken at the July 9 hearing was July 24, 2024. Banning Mun. Code § 17.68.140 (reconsideration request due 15 days after Council action). The applicant’s continued request for reconsideration of the Council’s July 9 actions is therefore doubly untimely: to the extent the July 25 letter constituted a request for reconsideration, it was filed too late, and the September 25 letter is even more tardy.
Even if the July 25 Letter could be construed as a timely request for reconsideration of the Council’s July 9 actions, that request was presented and denied at the September 10 meeting. All of the information cited in the July 25 letter—as well as an additional letter on behalf of the applicant submitted on September 9, 20243 —was
before the Council on September 10. The September 10 agenda presented a clear opportunity for the Council to order a new public hearing in response to the bias 2 See Letter from K. Erik Friess, Allen Matkins, to Mayor and City Council Members, City of Banning, Re: Banning Point Project (July 25, 2024) (“July 25 Letter”). 3 Letter from K. Erik Friess, Allen Matkins, to Mayor and City Councilmembers, City of Banning, Re: Banning Point Project; City Council Agenda Item 8.2 (Sept. 9, 2024) (“September 9 Letter”).
Mayor Alberto Sanchez and City Council Members
October 7, 2024
allegations in the July 25 and September 9 letters. When staff presented the question to the Council, however, no Council member made a motion to hold a new hearing.
The Council thus has already considered and decided all the issues and objections the applicant raised in in its July 25 and September 9 Letters in connection with alleged bias at the July 9 hearing. There is no basis for continuing to revisit those issues at subsequent Council meetings.
II. The September 25 letter contains no new information warranting reconsideration of the Council’s September 10 actions.
The applicant’s request for reconsideration of the Council’s September 10 actions is unsupported by either the law or the evidence and should be denied.
The September 25 Letter attaches several pages of purported social media posts from an unknown source, without any authentication, and alleges that these posts demonstrate bias on the part of Councilmember Flynn. September 25 Letter at 2 and Ex.
B. All of the referenced social media posts occurred after the close of the public hearing on the project and after the City reached its final decision. None of the posts provide any evidence whatsoever of pre-hearing bias.
While the September 25 Letter cites no legal authority, the cases and legal principles discussed in the applicant’s July 25 Letter concern evidence of improper prehearing advocacy for or against a project, not post-hearing explanations of a decision already taken. See, e.g., Petrovich Development Co., LLC v. City of Sacramento (2020) 48 Cal.App.5th 963, 974; Nasha v. City of Los Angeles (2004) 125 Cal.App.4th 470, 484.
The salient issue in these cases is whether a decision-maker engaged in advocacy or improperly made up their mind before a public hearing, thus prejudicing a party’s or the public’s right to a fair evaluation of the facts at the public hearing. The applicant has never identified any legal authority for its insinuations that statements made after a public hearing explaining a final post-hearing decision conclusively establish that the hearing was unfair. Indeed, the argument is absurd on its face. If the applicant were correct, no decision maker could ever explain to their constituents why they took a particular action after a hearing, because they would be immediately accused of having been biased before the hearing.
The City’s own Manual of Procedural Guidelines similarly distinguishes between pre-hearing and post-hearing conduct. For quasi-adjudicatory matters involving a public hearing, councilmembers “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 statutorily Mayor Alberto Sanchez and City Council Members
October 7, 2024
required findings.” Manual of Procedural Guidelines, § 8.1(d) (italics added).4 Council members therefore are directed to “avoid expressing an opinion or divulging their thought process until after the public hearing has been completed.” Id., § 8.1(e) (italics added).
The Manual thus restricts pre-hearing comments in favor of or against projects, but acknowledges that Council members may explain their decisions to constituents after the hearing is over.
None of the social media statements cited in the September 25 Letter shows evidence of impermissible pre-hearing bias. For example, the applicant asserts that Councilmember Flynn posted on social media about the outcome of the hearing and invited supporters to comment. September 25 Letter at 2. But the applicant fails to explain why simply posting about the outcome of a meeting on social media and inviting comment demonstrates pre-hearing bias. The letter also cites a post from Councilmember Flynn thanking one of her constituents for a supportive comment. Ibid. Indeed, nearly all of the social media posts in the exhibits to the letter were made by community members, not Councilmember Flynn. But the applicant has never explained how statements made by other people could constitute evidence of bias and has never cited any legal authority for such a claim.
Finally, the September 25 Letter protests that Councilmember Flynn “baselessly claimed” the Project is inconsistent with the City’s General Plan and the Sun Lakes Village North Specific Plan. Ibid. That is not a “baseless” statement evincing a single council member’s bias. Rather, that is the precise conclusion of a majority of the City Council, reflected in the plain text of Resolution No. 2024-151: “The design and improvement of the subdivision proposed under Tentative Parcel Map No. 38164 is inconsistent with the City’s General Plan and the Sun Lakes Village North Specific Plan Amendment No. 5.” Resolution No. 2024-151 at 4 (§ 2.B). The applicant’s mere disagreement with the City Council’s conclusions is not evidence of bias under the law.
In sum, the applicant’s request for reconsideration is untimely, repetitive, and unsupported. The City Council has reached a final decision on this Project after careful review of the evidence in the record and exhaustive deliberation. There is no reason to force the parties, community members, and the City to expend additional time and resources on yet another public hearing on this Project. 4 References are to the current Manual of Procedural Guidelines. Should the City Council adopt the revisions to the Manual proposed under Item 8.1 of the October 8, 2024 agenda, the cited provisions would be renumbered as sections 7.1(d) and (e), but the language quoted herein would remain substantively identical.
Mayor Alberto Sanchez and City Council Members
October 7, 2024
Please include these comments in the record of proceedings for this matter. Thank you, as always, for your consideration.
Very truly yours,
SHUTE, MIHALY & WEINBERGER LLP
Kevin P. Bundy
Cc: Serita Young, City Attorney ([email protected])
David Newell, Director, Community Development Department ([email protected])
Emery Papp, Senior Planner ([email protected])
Sandra Calderon, Development Project Coordinator ([email protected]) Caroline Patton, Administrative City Clerk ([email protected]) 1835078.1
The Banning Electric Utility team has been incredibly supportive of the Banning Senior Center. They have consistently supported our patrons and provided numerous resources to help them with their utility bills, especially those with medical devices. We are also grateful for their partnership in celebrating Wellderly Week. This special week encourages seniors to stay active, pursue their passions, and do what makes them happy. During Wellderly Week, the Banning Electric Utility staff helps us organize a week filled with resources, a movie day, a BBQ where seniors can meet the electric team and ask questions, a painting session to explore their creative sides, and a special bingo day with prizes such as fans, flashlights, gardening kits, coloring books, and other hobbyrelated items.
Partnering with Banning Electric has allowed us to dedicate this week to all the older adults in our community. Many of our seniors are on fixed incomes and wouldn't be able to afford these activities on their own. With the help of Banning Electric, we can offer these activities to all seniors, regardless of their income. Our seniors have expressed how much they enjoy these activities, as it allows them to participate in things they wouldn't normally have the opportunity to do. We at the Banning Senior Center are extremely grateful for the collaboration with Banning Electric Utility, which allows us to offer activities focusing on seniors' well-being and physical and mental health.
We are truly thankful for this collaboration.
Ana Sandoval
Program Coordinator
Park and Recreation Department
BANNING ELECTRIC UTILITY
PUBLIC BENEFIT FUNDS
Background and Update
October 8, 2024
Background
• In 1996, as a result of deregulation, AB1890 was passed to restructure and deregulate the California electrical industry. • State-Mandated Public Benefits Charge developed.
• New focus on Public Benefits Programs:
• Low-Income Assistance
• Energy Efficiency Programs
• Investment into Renewable Energy Sources
• Research and Development
Exhibit B
Funding
• Non-Bypassable Charge of 2.85%
• Paid By All Utility Customers
• Monies to Not Be Comingled
• Municipal Utilities Given Oversight
and Control of Programs
Measurement and Evaluation
• In 2011, AB 723 Passed to Extended Program Sunset
• Bring Accountability and Oversight
• SB1037 – Yearly Mandatory State Reporting
• Additional Program Focus:
• Load Reduction
• Rebates and Incentives for all Rate-Payer Classes
• Education and Awareness – Energy Efficiency
• Local Job Creation
• Demand Response and Behavior Shaping
Public Benefits Budget
Low-Income Assistance
• Accounts for 51% of Entire Budget
• 75% of all Programs and Events Focus on LowIncome and/or DAC Customers • Low-Income Discount Program Participants
• 873 City Billed Customers
• 98 Master-Metered Customers
Residential and Commercial Rebates
• Air Conditioner Replacement
• Air Conditioner Tune-Up
• Energy Star Refrigerator
• Energy Star Appliances
• Weatherization
• Shade Trees
• Summer Savings Program
S.E.A.M
(Synergy Energy Audit Measures)
• Free To All Participants
•Energy Audit Provided
• Direct Install of Energy Efficiency Measures
•Program Designed to Assist:
•Small/Medium Commercial Customers
•Single Family Residential
• Manufactured Homes
Small Events Budget that Packs a Big Punch
• FY23/24 Only 7% of Entire Budget
• Multi-Department Collaboration
• Focus on Underserved &
Low-Income
• Community Immersion & Outreach
• Multiple Benefits Per Event
Summer Camp
STEM Week
• Week-long Activities
• Hands-on Learning
• Promote Utility Careers
• Multi-faceted Education
Keep Your Kool at the Pool
• Free to Residents (5,617 attendees)
•Behavior shaping without
connecting to customer A/C or
thermostat
•Yearly Participation growth
•Energy Savings Doubled
2022 2024
2565 kWh saved 5299 kWh saved
Wellderly Week
The Banning Senior Center
• Outreach to Underserved Segment of the
Community
• Tear Down Silos – Department Collaboration
• In-Person Program Education
• Successful Program Sign-ups (Would Not
Happen With Standard Outreach Methods)
• Just a Fun Week With Our Banning Seniors!
Arbor Day Inspiration
Energy Saving Trees
• Over 800 Trees Given
• Arbor Day Foundation
Collaboration
• Energy Savings Up to
20%
Community Tree Planting
• Park Beautification –
Added shade for visitors
• GHG Reduction
• Community Canopy
Development
Public Power Week
• Observance Organized by
APPA (American Public Power
Authority)
• First Full Week in October
• Community Focused
• Lower Rates – High Reliability
Light Up Your Holidays
• Market Night Collaboration
with Banning Chamber
• Free to All Attendees
• 2023 Event:
64 LED Light Rolls Handed Out
71 Non-LED, Light Strands Collected
Notes of Appreciation
For More Program Information
Contact Information
Amber Rockwell
[email protected]
CITY COUNCIL
DISCUSSION ITEM NO. 9.2
OCTOBER 24, 2024
An Overview of Topics Discussed at the August 8, 2024, General Plan Advisory Committee Meeting
Background
The GPAC was created March 9, 2021 - CC Resolution 2021-11 The GPAC is comprised of the following membership:
¾ 2 members of the City Council
¾ 2 members of the Planning Commission
¾ 2 members of the Banning Chamber of Commerce
¾ 2 members of the Riverside Chapter of the Building Industry Association (BIA); and ¾ 2 long-time and permanent residents of the City
Exhibit C
Purpose
The current General Plan Update requires public input in the following competencies:
¾ Decisions regarding future land uses
¾ Street/roadway capacity and circulation
¾ Broad-based goals with implementing policies and programs that are internally consistent with other Elements of the General Plan The GPAC membership provides feedback from stakeholders and direction to staff on key areas to be considered for the Land Use and Circulation Element updates to the General Plan.
GENERAL PLAN ADVISORY
COMMITTEE (GPAC):
AUGUST 8, 2024
Date: August 8th Start Time: 11:00am End Time: 1:00pm Loc: Lg. CF/Zoom Committee Members Organization Staff Position
Richard Krick (Chair) Planning Commission Vacant CD Director Absent (Vice-Chair) Planning Commission Serita Young City Attorney Alberto Sanchez (Mayor) City Council Steven Flower ACA
Colleen Wallace (Mayor Por Tem) City Council Emery Papp Senior Planner Operations Manager
Assoc. Planner
Kristine Gutierrez
Mary Yaryan
Mike Taylor BIA (TriPointe)
Matt Jordan/Jason Holt (Alt.) BIA (Div. Pacific) Sandra Calderon P. Coordinator Robert Sibole Chamber Member Marisol Lopez Economic Development Mgr/ Laura Leindecker Chamber Member Emery Papp Senior Planner Frank Diaz Jr. Resident Mary Yaryan Associate Planner
Cindy Barrington Resident Frank Coyle S. Consultant
Danielle Ornelas Project Manager
Ben Hamada GIS Analyst
Join Zoom: https://us02web.zoom.us/j/83632895407?pwd=b3BxRVQ4MDJNLzJSY2piYVd5clpnQT09 Land Use Summary
Staff presented the final recommended Land Use Map amendments and explained that the City is not considering other amendments at this time, because:
¾ It is imperative for the traffic consultant to begin their study and analysis of the land use plan impacts on Vehicle Miles Traveled (VMT) and Level of Service (LOS) ¾ Further changes to the proposed Land Use map would delay the traffic impact analyses currently underway by the traffic consultant, Urban Crossroads Land Use Recap – South Hargrave, Current
Land Use Recap – South Hargrave Proposed
Land Use Recap – MSJC Properties, Existing
Land Use Recap – MSJC Properties, Proposed
Land Use Recap – Southeast City, Existing
Land Use Recap – Southeast City, Proposed
Land Use Recap – Northeast City, Existing
Land Use Recap – Northeast City, Proposed
Circulation Summary
GPAC discussions included:
¾ Proposed roadway classifications and revised cross-sections for key road segments ¾ A proposed truck route map was recommended for change to remove the designation for truck parking along Joshua Palmer Road
¾ Future circulation infrastructure improvements include the possibility of an overcrossing for Interstate 10/Union Pacific Railroad at Highland Home Avenue, and ¾ Realignment of the existing east Ramsey Street on- and off-ramp configuration to a new location at Cottonwood Avenue.
Proposed Truck Route & Revisions
Recommended Street Classification Revisions
Recommended Street Classification Revisions
Next Steps
City staff will continue to meet weekly with the General Plan consultant, CASC Engineering to:
¾ Finalize maps and exhibits
¾ Revise or create new policies and programs for Land Use and Circulation ¾ Develop a format and templates to present as hard copy and web-based ¾ Schedule next GPAC meeting upon completion of traffic studies ¾ Schedule Public Hearings for Adoption
Fiscal Impact
No Fiscal Impact:
¾ GPAC Members volunteer their time for this effort
¾ Staff time is budgeted
¾ Contract with CASC Engineering is budgeted
Thank you!
Staff is Available for Questions
Contact Information
Emery J. Papp
Planning Manager
[email protected]