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 2/11/2025
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: 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
Barbara Mason, Purchasing Manager
1. CALL TO ORDER
Mayor Flynn called the regular meeting to order at 5:03 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, moving item 9.2 to after the consent agenda and before Reports of Officers and table and continue item 8.4.
Motion by Mayor Flynn
Seconded by Council Member Barrington
Regular Meeting Minutes 2/11/2025 Page 2 of 11
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
3.1 Banning Library Black History Month Display
Elizabeth Fritz from Banning Library District introduced the Friends of the Banning Library display in the Council Chambers lobby. She shared information on two upcoming Friends of the Banning Library events.
4. REPORT ON CLOSED SESSION
John Pinkney, Interim City Attorney, reported that:
• For agenda item 3.1 there was discussion and direction provided to staff, with no final nor reportable action.
• For agenda item 3.2 there was a motion to defend against this legal action made by Council Member Barrington, seconded by Mayor Pro Tem Royce. Only Council Member Wallace voted against the motion.
• For agenda item 3.3 there was a motion to defend against this legal action made by Mayor Pro Tem Royce, seconded by Council Member Barrington. All members voted in favor.
• For agenda items 3.4. there was discussion and direction provided to staff, with no final nor reportable action
• For agenda item 3.5, there was a motion to place the City Manager on administrative leave made by Mayor Flynn, seconded by Mayor Pro Tem Royce. Council Members Wallace and Miller voted against the motion.
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:
• Inge Schuler
• Clara Wooten-Thomas
• Frank Burgess
• Lynnea Hagen
• Diego Rose
• Linda Pippenger
• Bill Hobbs
• Max Diego
• Rick Rule
• Edward Espinosa
Regular Meeting Minutes 2/11/2025 Page 3 of 11
5.2. CORRESPONDENCE
Two items of correspondence of a general nature was received, along with two items of correspondence related to agenda item 9.2. All four items were provided to City Council in advance of the meeting.
5.3. APPOINTMENTS
John Pinkney recused himself due to his association with the City of Beaumont.
5.3.1 Appointment of City Council Members to 2 X 2 Committee with City of Beaumont to Discuss Truck Routes
Public Comments
None
Motion to appoint Mayor Flynn and Council Member Barrington to the Ad Hoc Truck Routes Committee.
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.
5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace responded to public comments made about her comments. She reported on a Regional Conservation Authority (RCA) meeting.
Mayor Pro Tem Royce reported on basic Councilmember training they had in January.
Council Member Miller reported on a Riverside Transit Authority (RTA) meeting.
Council Member Barrington had no report but said she also attended the basic Councilmember training.
Mayor Flynn also attended the basic Councilmember training. She reported on a Budget and Finance meeting, as well as a WRCOG meeting she attended.
5.5. CITY MANAGER REPORT
There was no report.
5.6. CITY ATTORNEY REPORT
Interim City Attorney Pinkney reminded the City Council of several procedural rules.
Regular Meeting Minutes 2/11/2025 Page 4 of 11
5.7. CITY TREASURER REPORT
City Treasurer Savage requested her full report be included in the meeting minutes and discussed having her signature on the City’s checks. She stated she was addressing the utility billing issues and suggested the City hold a Treasurer workshop.
6. CONSENT AGENDA
6.1 Approval of the Meeting Minutes for the January 28, 2025 City Council Meetings
6.2 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of December 2024
6.3 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of November 2024
6.4 Receive and File Cash and Investments Report for the Month of November 2024
6.5 Receive and File Cash and Investments Report for the Month of December 2024
6.6 Receipts, Disbursements, & Fund Balances Reporting for Fiscal Year 2024-25, Periods 5-6, November and December 2024
6.7 Receive and File Parks and Recreation Report of Monthly Activities through the 1st Quarter of Fiscal Year 2024/2025
6.8 Consideration of Resolution 2025-16, Authorizing the Purchase of Four New Police Units Using Capital Expenditures/Vehicles Funds in an Amount Not-to-Exceed $252,54
6.9 Consideration of Resolution 2025-17, Amending the Classification and Compensation Plan to Reclassify the Senior Accountant Position
6.10 Consideration of Resolution 2025-18, Awarding a Construction Contract to Weaver Grading, Inc. in the Amount of $537,100 for the Banning Water Canyon Stormwater Percolation Basin Repairs and Approving a 20% Contingency for a Total Project Budget Not-to-Exceed $644,520
6.11 Consideration of Resolution 2025-21, Approving a Professional Services Agreement with Burke Williams & Sorensen, LLP to Represent the City of Banning as CoCounsel in the Litigation Titled Sun Lake Highlands, LLC v. City of Banning, Case No. 5:24-cv-02603-DTB and Any Other Matters Requested By the City on an As Needed Basis
Public Comment
None
Motion to adopt consent agenda items 6.1, and 6.3 through 6.7.
Motion by Council Member Wallace
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.
Regular Meeting Minutes 2/11/2025 Page 5 of 11
6.2 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of December 2024
Administrative Services Director, Lincoln Bogard, answered City Council questions.
Public Comment
• Diego Rose
• Sue Savage
6.8 Consideration of Resolution 2025-16, Authorizing the Purchase of Four New Police Units Using Capital Expenditures/Vehicles Funds in an Amount Not-to-Exceed $252,545
Police Chief Vincent Avila answered City Council questions.
Public Comment
• Diego Rose
• Harry Sullivan
• Oleg Ivaschuk
• Laura Leindecker
• Fran Hanratty
• Edward Espinosa
• Todd Oldenburg
Motion to adopt Resolution 2025-16.
Motion by Mayor Pro Tem Royce
Mayor Flynn proposed an amendment, approving the replacement of the 2007 car and two 2012 cars, but keeping the 2017 vehicle.
Mayor Flynn withdrew her motion.
Original motion 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.
6.9 Consideration of Resolution 2025-17, Amending the Classification and Compensation Plan to Reclassify the Senior Accountant Position Administrative Services Director, Lincoln Bogard, answered City Council questions.
Regular Meeting Minutes 2/11/2025 Page 6 of 11
Public Comment
None
Motion to adopt Resolution 2025-17, amending the raise to T75 Motion by Council Member Barrington
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 3-2.
6.10 Consideration of Resolution 2025-18, Awarding a Construction Contract to Weaver Grading, Inc. in the Amount of $537,100 for the Banning Water Canyon Stormwater Percolation Basin Repairs and Approving a 20% Contingency for a Total Project Budget Not-to-Exceed $644,520
Public Comment
None
Motion to adopt Resolution 2025-18.
Motion by Council Member Wallace
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.
6.11 Consideration of Resolution 2025-21, Approving a Professional Services Agreement with Burke Williams & Sorensen, LLP to Represent the City of Banning as CoCounsel in the Litigation Titled Sun Lake Highlands, LLC v. City of Banning, Case No. 5:24-cv-02603-DTB and Any Other Matters Requested By the City on an As Needed Basis
John Pinkney, Interim City Attorney, answered City Council questions.
Public Comment
• Laura Leindecker
• Frank Burgess
Regular Meeting Minutes 2/11/2025 Page 7 of 11
Motion to adopt Resolution 2025-21.
Motion by Mayor Pro Tem Royce
Seconded by Council Member Barrington
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.
7. PUBLIC HEARING(S)
None
Mayor Flynn announced a recess at 6;56 P.M. The meeting was reconvened at 7:29 p.m.
9.2 City-Sponsored Low-Cost Spay/Neuter Clinic Days Proposal Mayor Flynn stated there would be no staff report.
Public Comment
• Beth Barnhart
• Alexis Dolbee
• Diego Rose
• Georgia
• Juanita Diaz
• Ellen Carr
• Jacquelyn Schmidt
• Bailey Newman
Motion to table the item.
Motion by Council Member Miller
Seconded by Council Member Barrington
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 2/11/2025 Page 8 of 11
8. REPORTS OF OFFICERS
8.1 Consideration of Resolution 2025-19, Approving a Construction Agreement with RE Chaffee Construction, Inc. for Project No. 2018-02W “Well C-8 Site Equipping” in the Amount of $3,431,000 and Establishing a Total Project Budget of $3,774,100 and Rejecting All Other Bids
Art Vela, Director of Public Works, presented the staff report.
Public Comment
None
Motion to adopt Resolution 2025-19.
Motion by Council Member Wallace
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.
8.2 Consideration of Resolution 2025-20, Directing City Manager to Re-Establish Animal Shelter at Charles Street Facility and Authorizing Animal Shelter Staff Mayor Flynn stated there would be no staff report.
Public Comment
• Beth Barnhart
• Alexis Dolbee
• Inge Schuler
• Gail Ousley
• Ellen Carr
• Janine Nielsen
• Diego Rose
• Juanita Diaz
• Frank Connolly
Motion to table this item.
Motion by Mayor Flynn
Seconded by Mayor Pro Tem Royce
Regular Meeting Minutes 2/11/2025 Page 9 of 11
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.
8.3 Remote Public Participation Policy
Mayor Flynn stated there would be no staff report.
Public Comment
• Diego Rose
• Ellen Carr
• Juanita Diaz
• Frank Connolly
Motion to approve the Remote Public Participation Policy.
Motion by Mayor Pro Tem Royce
Seconded by Mayor Flynn
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 Receive and File Opportunity Village Update
Tabled under agenda item 2.1.
9. DISCUSSION ITEM(S)
9.1 Discussion of Options and Obtain Direction Regarding Landscape Maintenance District (LMD) No. 1
Nate Smith, Deputy Director of Public Works/City Engineer, presented the staff report.
Public Comment
• Lynnea Hagen
• Diego Rose
• Juanita Diaz
• Frank Connolly
Regular Meeting Minutes 2/11/2025 Page 10 of 11
9.2 City-Sponsored Low-Cost Spay/Neuter Clinic Days Proposal Moved to follow agenda item 6.11 under agenda item 2.1.
Motion to continue the meeting past 10:00 p.m.
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.
10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS
Council Member Miller announced he would be holding a town hall meeting and an upcoming library event.
11. ITEMS FOR FUTURE AGENDAS
11.1. New Items:
1. Discussion of Reversing Decision to Close Airport (Royce)
2. Proposition 47 Workshop (Flynn)
3. Meeting Minutes, Agenda Pagination, Reading Aloud Public Correspondence (Flynn)
11.2. Pending Items:
1. Update on Community Garden (Flynn)
2. Zencity Contract (Flynn)
3. Developer Presentation on Sunset Crossroads Project (Flynn)
4. Contracting Animal Services (Flynn)
5. Code Enforcement Department Citations Process (Miller)
6. Existing Public Benefits Fund Accounting (Royce)
7. Emergency Preparedness (Barrington)
8. Changes to the Banning Procedural Manual (Royce)
9. Report on a Policy and Program to Routinely Test All Fire Hydrants in the City (Flynn)
10. Tree Trimming at Repplier Park and near Sun Lakes (Flynn)
11. ADJOURNMENT
Motion to adjourn.
Motion by Mayor Pro Tem Royce
Regular Meeting Minutes 2/11/2025 Page 11 of 11
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.
The meeting was adjourned at 10:14 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 9.2: Public Comment Received
1 From: Edward Espinosa <[email protected]>
Sent: Sunday, February 2, 2025 5:42 PM
To: Caroline Patton
Subject: In reply to City councilwoman Wallace question about the transient problem she had asked at the last council meeting
Follow Up Flag: Follow up
Flag Status: Flagged
My name is Edward Espinosa
District 2
Attention: City of Banning City Council members District 1-5 Proposal to the City of Banning:
The City of Banning should create a plan to evaluate the mental health of all homeless individuals in the area. If someone is found to be mentally unstable or a potential danger to themselves or others, they should be moved to a facility outside of town for further assessment. To make this happen, the Banning Homeless Liaison and the Banning Police Department should work with a qualified medical professional to conduct these evaluations. If someone refuses to participate, they should be asked to leave, and any illegal campsites, like tents or makeshift shelters, should be removed according to state laws.
By helping those with mental health issues, the city can then focus on supporting local residents and people re-entering society after jail. Programs like Opportunity Village and the Set Free initiative can provide the necessary help, saving the city money in the long run. This approach will reduce the need for emergency services and grants often used to handle overdoses or other crises involving unstable individuals.
This plan will improve public safety, ensure resources are used wisely, and help build a healthier, more stable community.
Exhibit A
Banning City Hall
99 E Ramsey St
Banning, CA 92220-483 7
OFFICIAL PETITION
TO
COUNCIL MEMBERS
BANNING, CA
-- T-o-Members-ofthe-Bam1irrg-eity-eumTci-l :-
RECEIVED
CITY OF BANNING
FEB - 5 2025
CITY MANAGER'S OFFICE
BY:
There is a national movement underway to cut back on quality-of-l ife policing methods such as making arrests for vandalism, littering, loitering, vagrancy, public intoxication, and other quality of life violations.
As a registered voter in Banning, I urge you to maintain all quality-of-life policing methods, vigorously defend these methods, support our police in enforcement of quality-of-life violations, and make sure our district attorney is fully behind quality-of-life policing methods.
Quality of life policing, as well as pro-active policing methods, have cleaned up and maintained order in many neighborhoods in our city and helped reduce more serious crime nationwide between 1985 and 2015 by over 50%.
E. Andrews
Ms Louella Riddle
Ms Georgeanne Shuey
Ms Marilyn Hoeberling
Ms Carol Miller
Ms Sally Hazell
Mr William Lucas , Jr.
----~ "ra"'....,,..,,' ~,ai'lene Baker
Mr John Michael
Mr James Kenzik
Mr James Holloway
Mr Gerhard Leschka
1 From: C Marshall <[email protected]>
Sent: Monday, February 10, 2025 12:26 PM
To: Leroy Miller <[email protected]>; Cynthia Barrington <[email protected]>; Sheri Flynn <[email protected]>; Richard Royce <[email protected]>; Colleen Wallace <[email protected]>; City Manager <[email protected]>; Doug Schulze <[email protected]> Cc: Al Marshall <[email protected]>
Subject: RE: City-Sponsored Low-Cost Spay/Neuter Clinic Days Proposal Honorable Mayor Flynn
Distinguished Council Members
City Manager Schulze
City of Banning California
99 E. Ramsey Street
Banning, CA 92220
RE: City-Sponsored Low-Cost Spay/Neuter Clinic Days Proposal Exhibit B
2 Dear Mayor and Councilmembers:
As residents of Banning, we would like to voice our support for the above referenced item on the February 11, 2025 City Council Meeting Agenda. The proposal for city-sponsored low-cost spay/neutering clinic days as submitted by Debbie Fernandez Cram of Animals of the Pass and Lexi Peer of Cherry Tales Animal Shelter, requesting the city fund one or more additional low-cost clinic days through the Animal Action League (“AAL”) mobile unit, is a necessary addition to city resources for control of the cities’ animal population.
These additional clinic days, whether provided through Animal Action League (AAL) mobile unit or the Rivco Department of Animal Services or another public/private partnership, will contribute significantly to controlling the local animal population by reducing the number of unwanted litters. Over time, this will help reduce the burden on city shelters, improve public health, and decrease the overall financial strain on the city’s animal services. It has long been reported that shelters throughout Riverside County are at capacity. Good samaritans and local rescue groups are stepping in to provide rescue, foster and adoption services at their own expense because nobody wants to see animals suffer on the streets or, worse yet, be euthanized in the shelters for lack of space. We are fortunate that people like Debbie Fernandez Cram, Lexi Peer and other rescue groups are working in our community but they cannot fix this problem alone.
It's clear that the City of Banning is currently working toward better Animal Services options, and while it may be tempting to wait and address funding of spay/neuter services as part of a future comprehensive Animal Welfare & Shelter Services plan, the activities proposed under this funding are critical to improving an overpopulation crisis that is here right now and growing. We can't afford to wait . A meaningful Animal Shelter & Services plan will most likely include community access to low and no-cost spay/neuter clinics for residents regardless; perhaps this emergency, stop-gap program gets folded into that future plan or maybe the spay/neuter services will come as part of a future contract with the County or other outside Animal Welfare agency. But it has to be done, and there is no good reason for waiting to allocate funding for this critical activity.
Supporting this proposal will have both immediate and long-term benefits for the City of Banning; it will help reduce the number of stray animals, ease the burden on shelters, and promote responsible pet ownership through the proposed education and community involvement. As concerned and responsible residents of Banning, we respectfully request that the City of Banning provide funding for the proposed Animal Welfare activities.
Appreciatively,
Al & Corinne Marshall
1 Caroline Patton
From: Cynthia Barrington
Sent: Tuesday, February 11, 2025 2:31 PM
To: Caroline Patton
Subject: Fw: Jessica Cook 2/11/25
Can you please print this to enter into the record for tonight’s meeting? Thank you
From: CYNTHIA BARRINGTON <[email protected]>
Sent: Tuesday, February 11, 2025 2:27:42 PM
To: Cynthia Barrington <[email protected]>
Subject: Jessica Cook 2/11/25
Jessica Cook 2/11/25
The Power of Spay & Neuter
2 One unspayed dog can have two litters per year, producing over 100 puppies in her lifetime. But one unfixed male can mate with multiple females daily, leading to thousands of puppies over his lifetime.
Statistics show that communities with strong spay and neuter programs decrease shelter intake by 30% to 50%.
Hi, my name is Jessica, and I’m the Executive Director of Right Fit Rescue. And I’m asking you today to please fund another day of clinic here in the Banning area.
As our rescue approaches its third anniversary, we’re proud to have sterilized over 350 animals—but the need is far greater.
One of our biggest challenges is finding affordable spay and neuter services. In many cases, the cost of sterilization exceeds the adoption donation, making it difficult to continue saving lives.
Every month, we reach out to the Animal Action League, and in 2024, we were only able to secure one appointment. Meanwhile, every month, citizens stand by, hoping for a spot, only to be turned away. The demand is overwhelming, and the lack of access to affordable spay and neuter services continues to fuel the overpopulation crisis.
So I ask you once again, Council Members, please fund one more Animal Action League spay and neuter clinic day each month for the residents of Banning and the rescues that help animals in the Pass. This simple addition could mean 350 more animals sterilized each year—preventing thousands from ending up in shelters or on the streets.
It’s time to invest in real solutions for our community.