1 MINUTES
CITY COUNCIL - REGULAR MEETING
CITY OF BANNING, CALIFORNIA
March 25, 2025 Council Chambers
5:00 p.m. 99 E. Ramsey Street
In Chambers Banning, CA 92220
The following information comprises the minutes for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.
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: John O. Pinkney, City Attorney
Vincent Avila, Chief of Police
Vickie Sellers, City Clerk
Caroline Patton, Administrative City Clerk
1. CALLTO ORDER
5:22 P.M
1.1 INVOCATION
Performed by Pastor Nate Rodriguez of Infinite Center
1.2 PLEDGE OF ALLEGIANCE
1.3 ROLL CALL
COUNCIL MEMBER PRESENT ABSENT
Barrington, Cynthia X
Flynn, Sheri X
Miller, Leroy X
Royce, Richard X
Wallace, Colleen X
2. AGENDA APPROVAL
2.1 AGENDA APPROVAL
2 A motion was made to approve the agenda with modifications by Mayor Flynn and seconded by Mayor Pro Tem Royce.
Motion passed with a 4-1 vote.
PRESENTATIONS
4. REPORT ON CLOSED SESSION
John Pinkney, Interim City
Attorney, was provided after the
closed session meeting.
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND
REPORTS
5.1 PUBLIC COMMENTS
Mayor Flynn opened public comments
Pastor Damon Allen, of First Missionary Baptist Church, expressed concerns about ongoing electric billing issues. The church previously had received a large, unexpected bill after not being billed for months, and similar issues are occurring again despite having solar panels. Members of the church, many of whom are on fixed incomes, have not received recent bills and are being told no payment is due. Pastor Allen requested a meeting with the utility department to resolve and prevent future billing problems.
Sue Savage introduced Michelle Green as the new Interim Administrative Services Director. Green had previously worked with the City of Banning for over 27 years in various financial roles before retiring.
Michelle Green expressed her gratitude for the opportunity to return, stating that it feels like coming. She looks forward to serving the city and its residents to the best of her ability.
Inge Schuler expressed appreciation for the return of summary minutes, noting that it helps residents stay informed when they cannot attend meetings or watch them on television.
Bill Lamb thanked the City Council for the appointment to the Historic Preservation Commission. He announced the upcoming Wild West Days event at Gilman Ranch on May 3rd – 4th, which will feature historical reenactments, stagecoach rides, gold panning, tours, and other 19th-century related activities.
He invited the City Council and community to attend.
Matt Dominguez expressed concerns about Linda Vista Mobile Home Park where there was a recent change from a 55+ senior community to a family park, which came with significant rent increases. He stated that residents, many on fixed incomes, are struggling to afford rising space rents. Dominguez also reported that the park owner is charging additional fees to cover property taxes, which he questioned as possible illegal. He requested that the city investigate the situation to ensure the park owner’s actions are lawful and fair.
Mayor Flynn closed public comments.
5.2 CORRESPONDENCE
3 A letter was read by City Clerk, Vickie Sellers.
5.3 APPOINTMENTS
None
5.4 CITY COUNCIL COMMITTEE REPORTS
Councilmember Wallace reported that she was appointed as a representative to the San Diego Border Committee, which discusses border-related issues. She noted that the first meeting would take place on Friday.
Councilmember Barrington reported they will be meeting with Beaumont regarding Animal Control efforts.
Councilmember Miller reported that he is receiving updates from the County Supervisor’s Office that they are cleaning up the county buildings in Banning, including the welfare office.
The County is exploring a plan to transport inmates back to their arrest locations rather than releasing them locally. Miller also reported he would be attending an RTA meeting the on Thursday.
Mayor Flynn reported that the council had voted to reject the South Coast AQMD proposal, which mandated that all water heaters be converted to electric, due to the high costs. AQMD has since amended the rule effective February 7th, 2025- removing the mandate and allowing consumer choice. She highlighted a new “Go Zero” Program that will offer $21 million in incentives for those who switch to electric water heaters. She reported she will attend the upcoming Budget and Finance meeting on March 18th.
5.5 CITY MANAGER'S REPORT
None
5.6 CITY ATTORNEY'S REPORT
John Pinkney, Interim City Attorney, provided the report.
5.7 CITY TREASURER'S REPORT
Sue Savage asked questions to the City Attorney regarding the scope of authority over Banning’s investments and the appointment of deputy treasurers, seeking clarification on delegation procedures and responsibilities. She reported on the recent Budget and Finance Committee meeting, which covered Banning’s investment policy, overall financial health, and the revised budget. She highlighted that the unaudited report showed a $20 million increase in the city’s net position as of June 30, 2024. The treasurer also spoke on the importance of transparency in financial matters and community engagement, noting that she had attended the Chamber of Commerce’s breakfast and would be attending the upcoming Chamber’s Inauguration, even for businesses. Savage addressed her support in the City Council’s efforts to address homelessness.
Nate Smith, Deputy Public Works Director, provided the staff report.
Council questions:
8.3 Consideration of Resolution 2025-42, Approving the County Service Area 152 Stormwater Assessment and Budget for Fiscal Years 2025/2026 and 2026/2027, for National Pollutant 4 Mayor Flynn asked if the single-family homes in the HOA would be charged. She also asked about the Santa Ana River.
Mayor Flynn opened public comment
Janet Kinzie Hawver asked for clarification about being charged multiple times for the same fee – once through the city utility bill, again through property taxes and a possible third assessment. She asked whether the $4.72 charge is being applied in three different ways.
Mayor Flynn closed public comment.
A motion was made by Councilmember Wallace to approve Resolution 2025-42 and seconded by Councilmember Miller.
Motion carried unanimously 5-0
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 February 14 and 25, 2025 City Council Meetings
6.2 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of February 2025
6.3 Receive and File Cash and Investments Report for the Month of February 2025
6.4 Receipts, Disbursements, & Fund Balances Reporting for Fiscal Year 2024-25, Periods 5-6, November and December 2024
6.5 Receive and File Police Department Statistics for the Month of February 2025
6.6 Receive and File Fire Protection Services Statistics for the Month of February 2025
6.7 Public Works Capital Improvement Project Tracking List
6.8 Receive and File Code Enforcement Statistics for the Month of February 2025
6.9 Receive and File Contracts Approved Under the City Manager's Signature Authority and Inventory Reports for February 2025
6.10 City Council Travel and Conference Expense Report Year to Date Through February 2025
6.11 Accept an Easement from Tri Pointe Homes for Electric Utility Purposes on Accessor’s Tract Map No. 37388-7, Lot G, within the Atwell Development for the Maintenance of the CityOwned Electric Distribution System
6.12 Receive and File Update on KB Homes Project, Vista Robles, and Impacts to Saint Boniface School Site
6.13 Consideration of Resolution 2025-38, Initiating Proceedings to Update Landscape Maintenance District No. 1 for Fiscal Year 2025/2026
6.14 Consideration of Resolution 2025 -40, Approving the Line Extension Contract with SoCalGas and Authorizing an Appropriation of $603,392.46 to Facilitate the Completion of the City’s Compressed Natural Gas (CNG) Fuel Facility Project
Mayor Flynn pulled item 6.12
5 Mayor Flynn opened public comments for items not pulled John Hagen, expressed oversight on Zone 8 of the Landscape Maintenance district, noting poor maintenance and potential misuse of funds. He described how the city had previously planted new shrubs but later shut off the water for 6 months, killing most of the landscaping. He questioned how $70,000 per year is being spent when services like mowing and watering are minimal. He supported the idea of returning the small grass strips to the individual homeowners but opposed requiring residents to maintain the shared mailbox areas. He also recommended reverting the mailbox landscaping to city responsibility as public parkway space.
Frank Connolly referenced items 6.2-6.4, noting they related to discussions from the recent Budget and Finance meeting. He requested confirmation that the legal questions raised at that meeting have been forwarded to the City Attorney for review and urged that answers be obtained before any actions are taken to avoid legal issues.
Mayor Flynn closed public comment for items not pulled.
Motion made by Mayor Pro Tem Royce to table items 6.2-6.4 and seconded by Mayor Flynn.
Motion carried by 4-1 vote.
Motion made by Councilmember Wallace to approve items not pulled and seconded by Councilmember Barrington.
Motion carried unanimously 5-0.
Item 6.12 was discussed by staff and Council
Mayor Flynn opened public comment
Kathleen Dale, expressed concerns about incomplete mitigation measures at the St. Boniface cemetery. She noted several measures required under the Mitigation Monitoring and Reporting Program may not have been completed as scheduled. She recommended that the City review the status and timing of those measures. She raised questions about whether the relevant tribes and groups were properly consulted regarding the site’s preservation. She mentioned possible legal considerations involving the transfer or abandonment of cemeteries and suggested verifying compliance with state regulations.
Pat Murkland, who has studied the St. Boniface site since 1987 thanked the city council for the attention and efforts being brought towards the site. She emphasized that the cemetery contains individuals from around the world, highlighting its significant historical importance to the region and the nation.
Mayor Flynn closed public comment
Motion to table item 6.12 made by Mayor Pro Tem Royce and seconded by Councilmember Barrington
Motion carried unanimously 5-0
7. PUBLIC HEARINGS
None
8. REPORTS OF OFFICERS
8.1 Report on Agenda Formatting Request and Public Comments 6 Caroline Patton, Administrative City Clerk, provided the staff report.
Council questions:
Mayor Flynn commented that any correspondence read should have a time limit of 3 minutes.
Mayor Flynn opened public comment
No public comment
Mayor Flynn closed public comment
8.2 Consideration of Resolutions 2025-41, 2025-02 UA, and 2025-02 SA, Approving the Citywide Proposed Mid-Cycle Budget for Fiscal Year 2024-25
Michelle Green, Acting Administrative Services Director, provided the staff report.
Council questions:
Councilmember Wallace asked what needs to be clarified in the budget.
Councilmember Miller asked how long it would take Ms. Green to verify the proposed budget.
Mayor Flynn opened public comment
No public comment
Mayor Flynn closed public comment
Motion to table Resolutions 2025-41, 2025-02 UA, and 2025-02 SA until the April 22nd meeting by Councilmember Miller, seconded by Mayor Pro Tem Royce.
Motion carried unanimously 5-0
8.4 Update and Direction on General Plan Advisory Committee (GPAC) for Focused General Plan Update
David Newell, Community Development Director, provided the staff report.
Council questions:
Councilmember Miller asked if they could change the order of positions Mayor Flynn asked where the list of appointed individuals originated from and asked if they could change the position to feature more residents.
Mayor Flynn opened public comment
Inge Schuler, expressed concern that the general plan stakeholder committee was dominated by developers and building industry representatives rather than residents. She emphasized that residents should have most of the input and influence over the city’s general plan, highlighting her negative interactions with Mike Taylor while on the Planning Commission.
Gail Ousely, asked to update the appointees to correctly reflect the current Chamber of Commerce’s representatives.
Mayor Flynn closed public comment
City Council discussion:
7 Councilmember Barrington noted that she would like the appointees to be changed to one resident from each district as well as allowing the Chamber to choose their two representatives.
She expressed her agreement with Inge Schuler’s comment, noting it should have continuity.
Councilmember Miller expressed his agreement that there should be a resident from each district, noting that council members should not be a part of the committee, to free up space and to remain unbiased for when the item comes before the City Council.
Mayor Flynn expressed her desire to have a few council members on the committee, let the chamber select their representatives, and have residents apply for each district position.
Mayor Pro Tem noted they would have to fill 3 positions.
Mayor Flynn noted that the more residents there are on the committee the better, but that the council members should remain.
Council agreed that each councilmember would choose their own representative from their district, no councilmembers, one representative from the chamber of commerce, and one planning commissioner.
Motion made by Mayor Flynn and seconded by Councilmember Miller.
Motion carried unanimously 5-0.
8.5 Consideration the evaluation of current City of Banning Planning Commissioners pursuant to Banning Municipal Code Section 2.28.020(C) and Section 6.4 (C ) of the Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings for the City of Banning.
Vincent Avila, Police Chief, provided the staff report.
Council questions:
None
Mayor Flynn opened public comment
Frank Connolly, emphasized the importance of open debate and differing opinions in a democracy, stating that commissions should not act as “rubber stamps.” He urged the council to maintain integrity and transparency in its direction and decision-making.
Mayor Flynn closed public comment
Council discussion:
Mayor Pro Tem Royce noted his observations of the recent Planning Commission meetings and resident comments. He requested the removal of Richard Krick, as well as restructuring and replacements for Mr. Krick.
Councilmember Miller noted his time on the Planning Commission and agreed that there are times when there are disagreements. He asked for clarification as to why Mr. Krick would be removed.
Mayor Pro Tem Royce noted that there is no requirement to provide a reason for removals; however, there is a list of concerns. The top two issues are rude behavior towards the community and developers, as well as the number of times Krick has had to recuse himself due to conflicts of interest.
8 Councilmember Miller noted that during his time on the Planning Commission, he was aware of only one instance where Mr. Krick recused himself. He questioned the issue with this, pointing out that there have been council members who have had to recuse themselves from projects. He reiterated his position that Mr. Krick is being removed due to personal dislike.
Mayor Flynn pointed out that during a previous planning commission meeting, a developer from Northpoint flew out, and Mr. Krick did not recuse himself. She mentioned that residents and developers had spent their time and money, and she expressed that it looked bad and was discourteous to wait until the end of the meeting to recuse himself.
Mayor Flynn motioned to remove Richard Kirck from the planning commission and seconded by Councilmember Barrington.
Motion passed with a vote of 3-2.
9. DISCUSSION ITEMS
9.1 Update of the City of Banning Program to Update Internally Illuminated Street Name Sign at Traffic Signals Citywide
Nate Smith, Deputy Public Works Director, provided the staff report.
Council questions:
Mayor Flynn asked whether there is a fund that is budgeted for street signs, noting several locations lacking updated signage and lighting. She asked if the signs could be changed and not the electrical, highlighting her number one location as the Highland Springs and Ramsey intersection.
Mayor Flynn opened public comment
Frank Burgess noted the traffic signals on Sunset and Ramsey were supposed to have left turn lanes but were never installed. He emphasized how dangerous, citing accidents caused by north/southbound traffic. He urged the police department to report accident statistics for the past five years and install the left turn signals to prevent further injuries and potential lawsuits. Mr. Burgess mentioned the city’s street signs, noting the signs are small, insufficient, and poorly maintained, making it hard for navigation. He urged the city to improve and enlarge street signs to enhance the appearance of the city, aid visitors and support local businesses.
John Hagen agreed with the mayor and the previous speaker regarding the lack of light at the intersection of Highland Springs and Ramsey. He emphasized that it makes navigation confusing, especially for visitors. He highlighted priority intersections that needed immediate attention for clarity and safety.
Frank Connolly expressed that many of the existing sign fixtures can be retrofitted to accommodate new LED bulbs, providing a temporary solution since the old bulbs won’t be available until the end of the year. He expressed concern about the city’s current budget of $30,000, highlighting it is small. He urged the council to increase the budget to improve signage quality, making the city more attractive for residents and businesses.
Mayor Flynn closed public comment
Council discussion:
9 Mayor Pro Tem Royce asked whether it’s plausible to retrofit existing fluorescent with LED considering the form factor.
Mayor Flynn asked what the total cost would be to transition to LED lights, asking for the number to include an update for all parts of signage and lighting. She also noted that there are many streets without any street signs, expressing that it should be a priority in the budget spending.
Art Vela, Public Works Director, highlighted that funding comes from the gas tax and reiterated that if it was the council’s move to allocate more funds, it would come from the general fund.
Councilmember Barrington confirmed what the gas tax was, highlighting the large number of gas stations in Banning.
9.2 Discuss City Vehicle Smog
Art Vela, Public Works Director, provided the staff report.
Council questions:
Mayor Pro Tem Royce asked for clarification whether it was only smog or all maintenance, oil changes, and other requirements. He asked for insurance requirements to be reexamined if local businesses within Banning are being turned down because of that.
Councilmember Barrington clarified that preventative maintenance work is done in-house by city staff.
John Pinkney, Interim City Attorney, clarified the importance of insurance requirements to avoid certain legal ramifications.
Mayor Flynn opened public comment
John Hagen expressed concern about spending money within the city of Banning rather than sending out work elsewhere. He expressed looking deeper into the matter and utilizing local businesses.
Jack Gunderson expressed concern about the increase of electric vehicles within the city and whether those are subject to a gas tax.
Frank Burgess commented on the number of vehicles being smogged, asking for staff to create an inventory of the number of vehicles needing smogged along with the associated costs.
Mayor Flynn closed public comment
Council discussion:
Mayor Pro Tem Royce clarified that he brought the item forward due to smog being done outside of the City of Banning.
9.3 Discuss the City's Tree Trimming Practices and Resolution 1977-15 Art Vela, Public Works Director, provided the staff report.
Council questions:
10 Councilmember Barrington asked what the standard is for trimming trees around electrical lines.
Mayor Flynn opened public comment
Frank Connolly expressed concern about the city’s past decisions in requiring developers to plant large pine trees along sidewalks. He noted projects such as Peacock Valley and Atwell.
He pointed out that the pine trees are now causing cracks in the sidewalks. He emphasized that the city should be careful and accountable in approving landscaping decisions and not repeat the same mistakes in new development.
Inge Schuler commented on the maintenance behind planting trees, expressing it requires costs and careful planning. She noted planting 200 trees on her property, noting that different species have different root behaviors and maintenance needs. She highlighted that annual tree costs for her 5- acre property can cost anywhere from $5000-$8000 and suggested that the city may have higher expenses.
Mayor Flynn closed public comment
Council discussion:
Mayor Flynn asked questions regarding the liability of the landowners with trees in front of their property. Flynn clarified who’s responsible for maintaining the trees along San Gorgonio Ave. She highlighted that the budget is far too small for tree trimming and emphasized increasing the budget and updating the resolution, adding code enforcement to enforce and notify homeowners.
Mayor Pro Tem Royce questioned why developers are planting pine trees.
Art Vela highlighted a landscaping ordinance that provides a list of trees to developers.
10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS
Councilmember Barrington announced an upcoming District 2 town hall meeting on April 17th at 5:30 Pm at the council chambers.
Mayor Flynn, announced a tentative date for a SWAG Presentation for April 16th.
Mayor Pro Tem Royce announced attending a 2x2 committee with Morongo. He also announced his town hall meeting on April 9th at the council chambers.
11. ITEMS FOR FUTURE
AGENDAS
11.1 NEW ITEMS
1.Update on utility billing (Miller)
2. Update on the animal shelter (Miller)
3. Review and update Council
4. travel policy (Flynn)
11.2 EXISTING ITEMS
Council to remove the following items: 6,8,11,14, 15, 17 11 1. Update on Community Garden (Flynn)
2. Developer Presentation on Sunset Crossroads Project (Flynn)
3. Contracting Animal Services (Flynn)
4. Emergency Preparedness (Barrington)
5. Changes to the Banning Procedural Manual (Royce)
6. Tree Trimming at Repplier Park and near Sun Lakes (Flynn)
7. Discussion of Reversing Decision to Close Airport (Royce)
8. Agenda Pagination, Reading Public Correspondence Aloud (Flynn)
9. Patriot Tree (Barrington)
10. Contractor(s) to do Citywide Cleanup (Flynn)
11. Review City Vehicle SMOG Maintenance (Royce)
12. RFP for City Manager (Wallace)
13. Long term City Strategic Planning (Miller)
14. Review and Evaluate Current Planning Commission (Royce)
15. Public Comment related to St. Boniface (Royce)
16. Armory Grant (Royce)
17. Changes to GPAC Composition (Barrington)
18. Review Grant Management Protocol (Flynn)
12. ADJOURNMENT – 8:15 P.M.
Motion was made by Mayor Pro Tem Richard Royce and seconded by Councilmember Miller.
Motion carried unanimously 5-0.
Next Regular Meeting, April 8, 2025
Minutes prepared by: Amanda Morgan, Program Coordinator Minutes reviewed and submitted by: Sandra Calderon, Acting Administrative City Clerk.
These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2).
The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/231?view_id=1&redirect=true