1. CALL TO ORDER
1.1 INVOCATION
Performed by Reverend Dr. James Baylark of First Community Baptist Church
1.2 PLEDGE OF ALLEGIANCE
1.3 ROLL CALL
2. COUNCIL REORGANIZATION
2.1 Consideration of Resolution 2024-187, Reciting the Facts of the Consolidated General Election Held in the City of Banning on November 5, 2024 and Declaring the Results and Other Related Matters as Provided by Law Recommendation:
Adopt Resolution 2024-187.
2.2 Recognition of Outgoing Elected Officials
Recommendation:
Recognize outgoing elected officials for their service to the City.
2.3 Swearing In of Newly Elected Officials
Recommendation:
The Administrative City Clerk will swear in the newly elected pubic officials.
2.4 Annual City Council Reorganization
Recommendation:
Staff respectfully recommend City Council appoint one of its members as Mayor and a second as Mayor Pro Tem to serve for a period of one year.
3. AGENDA APPROVAL
3.1 AGENDA APPROVAL
4. PRESENTATIONS
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS
5.1 PUBLIC COMMENTS
5.2 CORRESPONDENCE
5.3 APPOINTMENTS
Planning Commission Special Vacancies Interviews and Appointments to Positions 1, 2, and 3 Recommendation:
Conduct interviews to fill Planning Commission vacancies and appoint up to three (3) members to three (3) special vacancies on the Commission for Positions 1, 2, and 3.
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 November 12, 2024 City Council Meetings Recommendation:
Approve the minutes of the November 12, 2024 City Council Meetings.
6.2 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of October 2024 Recommendation:
Receive and file the warrants for period ending October 31, 2024, per California Government Code Section 37208.
6.3 Cash and Investments Report for the Month of October 2024 Recommendation:
Receive and file Cash and Investment Report for October 2024 on this day, November 19, 2024, in accordance with California Government Code 53646.
6.4 Receipts, Disbursements, & Fund Balances Reporting for Fiscal Year 2024-25, Period 4, October 2024 Recommendation:
Receive and file Receipts, Disbursements, & Fund Balances Reporting for Fiscal Year 2024-25, Period 4, October 2024.
6.5 Receive and File Police Department Statistics for the Month of October 2024 Recommendation:
Receive and file.
6.6 Receive and File Fire Protection Services Statistics for the Month of October 2024 Recommendation:
Receive and File
6.7 Code Enforcement Update and Statistics for the Month of October 2024 Recommendation:
Receive and file.
6.8 City Council Travel and Conference Expense Report Year to Date Through October 31, 2024 Recommendation:
Receive and File.
6.9 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports for October 2024 Recommendation:
Receive and File.
6.10 Receive and File Parks and Recreation Report of Monthly Activities through the 1st Quarter of Fiscal Year 2024/2025 – September 2024 Recommendation:
Receive and file.
6.11 Consideration of Resolution 2024-06 SA, Approving the Establishment of Recognized Obligation Payment Schedule (ROPS) 25-26 A and B for the Period of July 2025 through June 2026 and Approving Certain Related Actions Recommendation:
Adopt Resolution 2024-06 SA.
6.12 Consideration of Resolution 2024-188, Approving Amendment No. 1 to the Design-Build Agreement with EFS West for the Compressed Natural Gas Fueling Station for an Additional Amount of $260,549 for a Standby Diesel Generator Recommendation:
Adopt Resolution 2024-188.
6.13 Consideration of Resolution 2024-189, Adopting the Water Supply Verification for Tentative Tract Map 37388 (Atwell Phase 2B) Recommendation:
Adopt Resolution 2024-189.
6.14 Consideration of Resolution 2024-190, Approving Final Tract Maps 37388, 37388-7, and 37388-8 and Release the Maps for Recordation; Authorize Staff to Sign the Subdivision Improvement Agreements and Final Tract Maps; Accept Faithful Performance and Labor Bonds for Public Improvements Recommendation:
Adopt Resolution 2024-190.
6.15 Consideration of Resolution 2024-191, Approving the Restatement of the City of Banning Section 125 Cafeteria Plan Recommendation:
Adopt Resolution 2024-191.
6.16 Consideration of Resolution 2024-192, Approving an Amendment to the Construction Services Contract with Electric Power Systems International, Inc. in the Amount of $9,220 Related to the San Gorgonio Substation 12kV Extension Project Recommendation:
Adopt Resolution 2024-192.
6.17 Consideration of Resolution 2024-193, Amending the Classification & Compensation Plan for the City of Banning Recommendation:
Adopt Resolution 2024-193.
6.18 Consideration of Resolution 2024-194, Approving A Successor Memorandum of Understanding with the Teamsters Local 1932, Representing the Association of Mid-Management and Professional Employees, Effective July 1, 2024, through December 31, 2026, and Authorizing the City Manager to Finalize and Execute a Successor Agreement Recommendation:
Adopt Resolution 2024-194.
6.19 Consideration of Resolution 2024-195, Approving A Successor Memorandum of Understanding with the International Brotherhood of Electrical Workers (IBEW) Local 47 Representing the General Unit Employees, Effective July 1, 2024, through December 31, 2026, and Authorizing the City Manager to Finalize and Execute a Successor Agreement Recommendation:
Adopt Resolution 2024-195.
6.20 Authorize the City Manager to Sign the Notice of Completion for Project No. 2024-01, “Citywide Street Overlay” as Complete and Direct the City Clerk to Record the Notice of Completion Recommendation:
Authorize execution of the Notice of Completion.
6.21 Accept an Easement from Tri Pointe Homes for Electric Utility Purposes on Accessor’s Tract Map Nos. 37388-1 Raintree Place, 37389-3 PA 29, and 37388-2 PA 15B, within the Atwell Development for the Maintenance of the City-Owned Electric Distribution System Recommendation:
Staff recommends that City Council accept an easement from Tri Pointe Homes for electric utility purposes for Tract Map Nos. 37388-1 Raintree Place, 37389-3 PA 29, 37388-2 PA 15B within the Atwell Development for the maintenance of the City-owned electric distribution system.
7. PUBLIC HEARINGS
7.1 Consideration of Introduction and First Reading of Ordinance 1607, Amending Chapter 15.76 of the Banning Municipal Code to Update the City's Participation in the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program, Consideration and Adoption of Resolution 2024-196, Approving a TUMF Nexus Study to Amend the TUMF Schedule that is Applicable to Development Projects in Banning Pursuant to the Mitigation Fee Act, and Making a Determination of Exemption Under the California Environmental Quality Act Recommendation:
Waive full reading and introduce by title only Ordinance 1607 and determine this action is exempt under CEQA Adopt Resolution 2024-196, approving a TUMF Nexus Study to amend the TUMF schedule and determine this action is exempt under CEQA
8. REPORTS OF OFFICERS
8.1 Selection of Firm to Conduct a Citywide Forensic Investigation as the City Council Chosen Finalist from the Request for Proposals for Citywide Forensic Investigation Services and Direct Staff to Bring a Negotiated Contract with Finalist to Council in January 2025 Recommendation:
Select a finalist for the completion of the Citywide Forensic Investigation and allow staff to negotiate a contract to bring to Council in January.
8.2 Consideration of Resolution 2024-197, Awarding a Professional Services Agreement to Webb Municipal Finance, LLC for Municipal Assessments Services to Reinstate County Service Area 152, National Pollutant Discharge Elimination System Stormwater Assessment in the amount of $19,650 Including a 10% Contingency, and Updating the City Council on Public Outreach Efforts related to the Reinstatement of the County Service Area 152 Stormwater Assessment Recommendation:
Adopt Resolution 2024-197.
8.3 Consideration of Resolution 2024-198, Approving Amendment No. 3 to the Professional Services Agreement with Engineering Resources of Southern California for an additional $1,000,000 for Plan Check, Inspections and Related Administrative Services Recommendation:
Adopt Resolution 2024-198.
8.4 Consideration of Resolutions 2024-199 and 2024-08 UA, Authorizing Overnight Loans from June 30, 2024, Until July 1, 2024, from the Water and Wastewater Enterprise Funds to Cover Governmental Funds Negative Cash at Fiscal Year End in the Amounts of $1,050,000 and $50,000, Respectively Recommendation:
Adopt Resolutions 2024-199 and 2024-08 UA.
8.5 Receive and File Corrected Police Statistics for 2024 Year-to-Date Recommendation:
Receive and File.
9. DISCUSSION ITEMS
10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS
11. ITEMS FOR FUTURE AGENDAS
11.1 NEW ITEMS
11.2 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)
Increased Compensation for City Treasurer and City Clerk (Flynn) SEC Determination on Bitcoin (Happe)
Public Benefits Fund for Water Utility (Happe)
11.1 City Attorney Performance Evaluation
Recommendation:
Determine, by consensus, if discussion of City Attorney Performance Evaluation should be added to the January 14, 2025, Closed Session agenda.
12. CLOSED SESSION
12.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)(1)
Title: City Manager
12.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Potential Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 (One Case)
Renewal of Tolling Agreement re: Potential Claim by City Against Southern California Edison for failure to make repairs to the Flume and the failure to maintain delivery of water through the Flume to the City
13. REPORT ON CLOSED SESSION
Serita Young, City Attorney
14. ADJOURNMENT
Next Regular Meeting – January 14, 2025