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 1/14/2025
CITY COUNCIL REGULAR MEETING
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
Laurie Sampson, Assistant City Manager
` John Pinkney, Interim City Attorney
Vickie Sellers, City Clerk
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Lincoln Bogard, Administrative Services Director
Art Vela, Director of Public Works
Ralph Wright, Parks and Recreation Director
1. CALL TO ORDER
Mayor Flynn called the regular meeting to order at 5:10 p.m.
1.1. Invocation – Pastor Todd Oldenburg led the invocation.
1.2. Pledge of Allegiance
1.3. Roll Call
COUNCIL MEMBER PRESENT: ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
2. AGENDA APPROVAL
2.1. Approve Agenda
Motion to approve the agenda.
Motion by Council Member Wallace
Seconded by Council Member Barrington
Regular Meeting Minutes 1/14/2025 Page 2 of 9
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
3. PRESENTATIONS
Mayor Flynn commented.
4. REPORT ON CLOSED SESSION
John Pinkney, Interim City Attorney, reported that for agenda items 3.1 through 3.3 there was discussion and direction provided to staff, with no 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:
• Max Diego
• Steven Douglas
• Sue Savage
• John Hagen
• Inge Schuler
• Stuart McKenzie
• Diego Rose
• Bill Hobbs
• Edward Espinosa
• Oleg Ivaschuk
• Estell Kunter
5.2. CORRESPONDENCE
Two items of correspondence were received and provided to City Council in advance of the meeting.
5.3. APPOINTMENTS
5.3.1 City Council Committee Assignments for 2025
Public Comments
None
Motion to approve the appointments to City Council Committees for 2025.
Motion by Council Member Barrington
Seconded by Council Member Miller
Regular Meeting Minutes 1/14/2025 Page 3 of 9
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a Regional Conservation Authority (RCA) meeting and a Riverside County Division meeting. She also reported on a Community Action Partnership (CAP) meeting.
Council Member Miller reported on a California League of Cities (CalCities) District meeting and the Banning Unified School District’s Student of the Month breakfast he attended.
Mayor Flynn reported on a Regional Managers Conference in Beaumont. She reported attending the City Council’s Special Meetings on December 20, as well as a Western Riverside County Council of Governments (WRCOG) meeting. She highlighted a number of grants awarded to the City through WRCOG’s TUMF program. She said she also attended the CalCities Regional Meeting, along with Council Members Miller and Wallace.
5.5. CITY MANAGER REPORT
City Manager Schulze reported on a recent grant award from the Bureau of Reclamation of over $16 million for the city’s wastewater treatment recycled water upgrades project.
5.6. CITY ATTORNEY REPORT
Interim City Attorney Pinkney gave a brief report on work he anticipated completing at the city, including an update to the city’s Procedural Manual for public meetings.
5.7. CITY TREASURER REPORT
City Treasurer Savage reported on high water bills and stated she was unhappy she was not provided a city cell phone, computer, mailbox, staff, or office. She asked City Council to supply these needs.
6. CONSENT AGENDA
6.1 Approval of the Meeting Minutes for the December 10 and December 20, 2024 City Council Meetings
6.2 Receive and File Police Department Statistics for the Month of November 2024
6.3 Receive and File Fire Protection Services Statistics for the Month of November 2024
6.4 Receive and File Code Enforcement Statistics for the Month of November 2024
6.5 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports for November 2024
6.6 City Council Travel and Conference Expense Report Year to Date Through November 30, 2024
Regular Meeting Minutes 1/14/2025 Page 4 of 9
6.7 Consideration of Second Reading and Adoption 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
6.8 Consideration of Resolution 2025-01, Approving a Memorandum of Understanding (MOU) Between The City of Banning Police Department and The Riverside County Probation Department Post-Release Accountability and Compliance Team (PACT) for FY 2024-2025
6.9 Consider Resolution 2025 -02, Approving the Administrative Services Agreement between Riverside County and the City of Banning related to County Service Area 152, National Pollutant Discharge Elimination System Stormwater (NPDES) Assessment
6.10 Consideration of Resolution 2025-03, Awarding a Professional Services Agreement to CASC Engineering Consulting, Inc. for National Pollutant Discharge Elimination System (NPDES) Inspections and Environmental Compliance Services in the Amount of $40,049
6.11 Consideration of Resolution 2025-04, Approving Amendment No. 2 to the DesignBuild Agreement with EFS West for the Compressed Natural Gas Fueling Station for an Additional Amount of $730,398 for a Second Compressor
6.12 Consideration of Resolution 2025 -05, Authorizing the City Manager, or Designee, to Execute a Subrecipient Grant Agreement between the Western Riverside Council of Governments and the City of Banning for Electric Vehicles and Chargers
6.13 Consideration of Approving Amendment No. 2 to the Renewable Natural Gas Supply Agreement with AmpRenew Offtake I, LLC
6.14 Accept an Easement from Tri Pointe Homes for Electric Utility Purposes on Accessor’s Tract Map No. 37388-1 Highland Home Road, within the Atwell Development for the Maintenance of the City-Owned Electric Distribution System
6.15 Accept an Easement from Banning 56, LLC for Electric Utility Purposes on Accessor’s Tract Map No. 30906 -1 within the Crestwood Communities Development for the Maintenance of the City-Owned Electric Distribution System
6.16 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
6.17 Consideration of Resolution 2025-08, Amending the Classification & Compensation Plan for the City of Banning
Public Comment
None
Motion to adopt consent agenda items 6.1 to 6.4, 6.6 to 6.10, 6.12 to 6.17.
Motion by Council Member Wallace
Seconded by Council Member Miller
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Regular Meeting Minutes 1/14/2025 Page 5 of 9
Motion approved by a vote of 5-0.
6.5 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports for November 2024
Art Vela, Director of Public Works, answered City Council questions. Lincoln Bogard, Administrative Services Director, also answered questions.
Public Comment
• John Hagen
6.11 Consideration of Resolution 2025-04, Approving Amendment No. 2 to the DesignBuild Agreement with EFS West for the Compressed Natural Gas Fueling Station for an Additional Amount of $730,398 for a Second Compressor Art Vela, Director of Public Works, answered City Council questions.
Public Comment
• Frank Connolly
Motion to adopt Resolution 2025-04.
Motion by Mayor Flynn
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
7. PUBLIC HEARING(S)
None
8. REPORTS OF OFFICERS
8.1 Consideration of Resolution 2025-06, Approving an Exclusive Negotiating Agreement with Investel Development LLC for City-Owned Real Property Located at 150 E. Ramsey Street, Banning (APNs 541-181-032, 541-181-033, 541-181-034, AND 541-181-035)
Doug Schulze, City Manager, presented the staff report.
Public Comment
• John Hagen
• Stuart McKenzie
• Inge Schuler
Regular Meeting Minutes 1/14/2025 Page 6 of 9
• Max Diego
• Edward Espinosa
• Juanita Diaz
• Harry Sullivan
• Jeffrey Platt
• Oleg Ivaschuk
Motion to direct staff to negotiate a non-binding letter of intent with the developer for a period of 6 months.
Motion by Council Member Miller
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 4-1.
Mayor Flynn announced a recess at 7:33 p.m. The meeting was reconvened at 7:53 p.m.
8.2 Consideration of Resolution 2025-07, Reprogramming Community Development Block Grant (CDBG) Funds in the Amount of $268,414 from Fiscal Year 2022/2023 - Sylvan Park improvement Project #2 ($107,000) AND FY 2023-24 - Sylvan Park Improvement Project #3 ($161,414) to Lion's Park Project #2 ($257,414) and Sylvan Park Improvement Project # 1 ($11,000)
Ralph Wright, Parks and Recreation Director, presented the staff report.
Public Comment
• Frank Connolly
• Juanita Diaz
Motion to adopt Resolution 2025-07.
Motion by Mayor Pro Tem Royce
Seconded by Council Member Miller
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
Regular Meeting Minutes 1/14/2025 Page 7 of 9
8.3 Consideration of City Clerk and City Treasurer Compensation Doug Schulze, City Manager, presented the staff report.
Public Comment
• Sue Savage
• John Hagen
Motion to raise the salary to $550 per month for the City Clerk and City Treasurer positions, providing a city-issued cell phone and city-issued computer.
Motion by Mayor Flynn
Seconded by Council Member Miller
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
8.4 Opportunity Village Gift Card Policy
Doug Schulze, City Manager, presented the staff report.
Public Comments
• Wanda Lucero
• Kathy Aranda
Motion to direct staff to discontinue the program until the City Council has more information, including receipts.
Motion by Mayor Flynn
Seconded by Mayor Pro Tem Royce
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 4-1.
8.5 Consideration of Zoom Video Conferencing Accessibility for City Council Meetings Doug Schulze, City Manager, presented the staff report.
Regular Meeting Minutes 1/14/2025 Page 8 of 9
Public Comment
• Frank Connolly
• Lynnea Hagen
Motion to direct staff to provide a video conferencing method for future meetings and bring back a proposed policy for said video conferencing.
Motion by Council Member Barrington
Seconded by Mayor Pro Tem Royce
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
Motion to continue the meeting past 10:00 p.m. for a period of one hour.
Motion by Mayor Flynn
Seconded by Mayor Pro Tem Royce
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0.
9. DISCUSSION ITEM(S)
9.1. City Litigation Update
Doug Schulze, City Manager, presented the staff report.
Public Comment
• Frank Connolly
10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS
None
11. ITEMS FOR FUTURE AGENDAS
11.1. New Items:
1. Changes to the Banning Procedural Manual (Royce)
2. Report on Fire Hydrants (Flynn)
3. Tree Trimming at Repplier Park and near Sun Lakes (Flynn) Regular Meeting Minutes 1/14/2025 Page 9 of 9
11.2. Pending Items:
1. Update on Community Garden (Flynn)
2. Zencity Contract (Flynn)
3. Developer Presentation on Sunset Crossroads Project (Flynn)
4. All Active Lawsuits against the City (Flynn)
5. Increased Compensation for City Treasurer and City Clerk (Flynn)
6. Ongoing Billing Errors – Electric and Water (Flynn)
7. Contracting Animal Services (Flynn)
8. Code Enforcement Department Citations Process (Miller)
9. Zoom Options for Public Meetings (Royce)
10. Existing Public Benefits Fund Accounting (Royce)
11. Emergency Preparedness (Barrington)
12. ADJOURNMENT
Motion to adjourn.
Motion by Mayor Flynn
Seconded by Council Member Miller
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 4-1
The meeting was adjourned at 10:21 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
January 9, 2025
itt::Clm ofBiffiim&
City Council Member Leroy Miller
City Council Member Sheri Flynn
City Council Member Cindy Barrington
City Council M<:.mber Richard Royce
City Council Member Colleen Wallace
Banning Utility Department Supervisor
Banning City Hall
99 E. Ramsey Street
Banning, CA 92220
To all persons listed above:
RECEIVED
JAN 1 3 2025
~ity of Banning
C, Clerk's Office
I am a 14-year-resident of Banning and am absolutely troubled about the situation with the City's Utility Billing. As a citiz.en, this is unacceptable practice for a City of this size. I think there has to be a complete investigation. This seems to me it should be a serious and primary concern of the City's leadership.
I have not had a correct bill ftom your City since April 2024. I did not receive bills, then when I did, they didn't include water. I have been in contact several times with your Utility Billing Supervisor, Lily, since she took over fiom the previous employee. I have visited her twice in person and several times on the telephone.
Lily has been very communicative and accommodating, but she has been unable to provide a current billing or billing for the past two mon1hs. I have requested a complete detailed billing of my account since last April, and she is unable to provide that after accepting my request and trying to provide it l have been trying to blindly pay ahead, so 1hat I am not extremely behind, but it is not acceptable to continue to trust the nmnbers and figures I am not getting on my billing. I want a complete detailed billing and accounting of what and why you are charging me so that I can plan payments and not be dealing with this seemingly unbefievable backwoods utility billing .
Sincerely,
Carol Shearman
2820 Rainbow Lane
Banning, CA 92220
951.849.0219
Exhibit A
1 From: Charlie Friese <[email protected]>
Sent: Tuesday, January 14, 2025 11:22 AM
To: Caroline Patton
Subject: 01-14-25 . . . Please Read The Following Into The Record at tonight’s council meeting - Thank You - Charles Friese, Banning Residental since 2000 . . . 01-14-2025
City Council / City Manager - D. Schulze, and others tonight.
I do not aƩend meeƟngs because of my hearing problem - and - that most meeƟngs last too long because, well - just because . . .
I am wriƟng because of the filth in our city which has been exacerbated by the homelessness in and around the Pass Area, especially Banning.
Some Ɵme ago a “ruling of sorts” was passed by the City Council which I believe stated that Banning’s Police can detain and remove the “people and their belongings” leŌ unaƩended or just discarded. Why can’t our public works folks go around with a city pickup and “collect for removal” the items that conƟnually get leŌ behind by transients and/or homeless persons?
I could get into why CalTrans treats the enƟre PASS AREA As Though We Are Like Stepchildren, but enough for now.
Thank You - Charles (charlie) Friese - 2033 Riviera AVE, BANNING, CA 92220 Sent from my iPad