1 MINUTES
CITY COUNCIL - REGULAR MEETING
CITY OF BANNING, CALIFORNIA
April 8, 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.
TELECOMMUTING LOCATION
Council Member Miller will be participating remotely from the following location: Room 233, 816 N Atlantic Ave., Daytona Beach, Florida 32118. Members of the public are invited to participate remotely from this location.
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
Robert Fisher, Interim City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Acting Administrative City Clerk
1. CALL TO ORDER – 5:25 P.M
1.1 INVOCATION
Performed by Reverend Preston Norman, Jr. of Praise Tabernacle Community Church
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 2. AGENDA APPROVAL
2.1 AGENDA APPROVAL
Motion to approve the agenda made by Councilmember Barrington and seconded by Mayor Pro Tem Royce.
Motion carried unanimously 5-0
3. PRESENTATIONS
4. REPORT ON CLOSED SESSION
John Pinkney, Interim City Attorney, provided the report
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS
5.1 PUBLIC COMMENTS
Mayor Flynn opened public comments
Pastor David Kieffer expressed his concern over labeling initiatives as pet peeves urging the focus to be brought back to community needs. He highlighted residents’ anxieties with the rising electric bills and suggested having an electric department representative present at each meeting to address the concerns.
He encouraged Council to recognize and thank the many volunteers and local organizations who assist with homelessness, house and food insecurity, cautioning that relying on outside companies may undermine these community efforts. He asked the Council to collaborate with local nonprofits to evaluate what’s already working within the city before seeking external help.
Timothy Smith thanked the Utility Department for maintaining reliable water and electricity services but noted ongoing problems with billing that need to be fixed. He expressed appreciation for the new streetlight at Highland Home and Wilson, saying it has greatly improved safety in that area. However, they raised concerns about the intersection at Highland Home and Ramsey, calling it very dangerous due to frequent multi-vehicle accidents and increased traffic from nearby developments. He requested that a traffic light be installed there to reduce collisions. He also pointed out that the trees along Ramsey obstruct drivers’ views when they turn, making it difficult to see oncoming cars traveling at high speeds, and asked that the issue be addressed for visibility and safety.
Vincent Marruffo spoke on the history of the St. Boniface School, rejecting claims that it was beneficial to Native American children. He described severe mistreatment of their ancestors, including physical punishment, poor living conditions, and reports of child molestation, which caused lasting trauma. He referenced ongoing federal and state investigations into boarding schools and burial sites that Assemblymember James Ramos and Governor Newsom support. He urged the Council to acknowledge the dark history and healing for the harm suffered by Native families.
Estelle Lewis expressed safety concerns about drivers illegally turning right off the I-10 ramp onto Highland Springs, stating it’s dangerous and could lead to various accidents. She raised concerns about issues near Wilson and Florida, where traffic congestion around the school and cars parking too close to driveways make it difficult and unsafe for residents to exit. She encouraged 3 more cooperation and respect during city meetings, saying hostility reflects poorly on the community and discourages new residents.
Diego Rose expressed appreciation for the positive changes and direction the City of Banning has taken. He noted that division and unrealistic expectations in society often hinder progress but commended the city for fostering more transparency and collaboration. He reflected on personal growth and emphasized the importance of unity, open discussion, and understanding how things truly work. He concluded by thanking the city leadership for focusing on practical, businesslike operations that produce real results rather than just talk.
Frank Connolly, spoke on errors in the financial report, stating the information is inadequate and unacceptable. He expressed that such mistakes reflect poorly on a city that already faces economic challenges and reputation issues. He stated that these inaccuracies are obvious to a third grader and damage public trust. He urged that the person responsible for the errors be addressed.
Mayor Flynn closed public comments
5.2 CORRESPONDENCE
None
5.3 APPOINTMENTS
None
5.4 CITY COUNCIL COMMITTEE REPORTS
Councilmember Wallace reported on attending her first San Diego Government Association meeting, where most of the discussions focused on San Diego County but included updates for Riverside County. Plans are being developed to enhance regional transportation by connecting Temecula and Riverside County to CSU San Marcos and Palomar College through an I-15 lane connector, as well as expanding train and bus routes to the Coachella Valley. She noted environmental efforts using dirt from Cabazon to assist in corrosion prevention in Pacific Palisades and mentioned that the Southern California Clean Cities Coalitions were designated by the US Department of Energy for administrative oversight. She concluded her report by noting positive progress in the Riverside County Conservation Authority’s budget and habitat efforts for local wildlife species.
Mayor Pro Tem Royce reported that he and Councilmember Miller met with the Morongo chairpersons and the council for an introductory meeting. Noting it had been added to the agenda, the discussion was positive and covered topics including St. Boniface school, the airport, water issues, and the animal shelter. No formal action was taken, but both parties plan to meet again soon to explore topics in more detail.
Councilmember Barrington reported that she met with members of the Chamber of Commerce and discussed business owners’ concerns and ways to make the City of Banning more business friendly. She also reported that she attended the Chamber’s Installation Dinner, where Ernest Siva received the Citizen of the Year award. She noted the event and presentation were very nice.
Councilmember Miller reported that RTA is donating minibuses to nonprofit organizations needing transportation: interested groups should apply, and more details will become available in June. He also reported that the meeting with Morongo went well, with both sides open for collaboration. He noted that Ernest Siva received a Lifetime Achievement Award and Pastor Todd was named Citizen of the Year at the Banning Chamber of Commerce Installation Dinner.
4 Mayor Flynn reported that she attended the Banning Chamber of Commerce Installation Dinner, describing it as a pleasant event. She also attended a WRCOG meeting, where it was announced that they plan to purchase a new building to save on rent and generate income by leasing space. During the meeting, a council member from the City of Murrieta shared the success of their community garden, which has inspired a similar project in Banning; this topic is expected to be discussed in an upcoming meeting. Additionally, Mayor Flynn mentioned that she will attend the RCTC meeting and noted the upcoming 2x2 committee meetings—one focusing on truck routes and the other on the animal shelter.
5.5 CITY MANAGER'S REPORT
Ralph Wright, Parks and Recreation Director, provided an update on the department and invited the Council and community to various upcoming events.
5.6 CITY ATTORNEY'S REPORT
John Pinkney, Interim City Attorney, outlined the Council's adopted rules of order and decorum. These rules state that the presiding officer is responsible for determining all points of order, and members should not be interrupted while speaking unless they are called to order.
Council members are expected to show courtesy toward one another, city staff, and the public, refraining from any rude, derogatory, or disruptive remarks. All comments and questions should be directed to the presiding officer rather than individual members or staff. The same standards of respect and order apply to members of the public attending the meetings.
5.7 CITY TREASURER'S REPORT
Sue Savage requested clarification from the City Attorney regarding Banning’s investment authority under Government Code 53607. She asked whether the City Council has authority over all city funds and if the delegation of investment authority, last made in June 2023, is overdue for review. Sue also inquired about who is responsible for presenting the delegation policy to the Council. Additionally, under Government Code 41006, she sought clarification on who has the authority to deputize others to assist in managing the city's investments.
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 Consideration of Resolution 2025- 43, Approving Amendment No. 6 to the Professional Services Contract with AED Energy Services, increasing the Contract amount by $44,500 for a Total Contract Amount of $180,500 for Services Related to the New CNG Station
6.2 Consideration of Resolution 2025-44, Approving the Compressed Natural Gas (CNG) Fueling Memorandum of Understanding (MOU) between the City of Banning and the City of Beaumont
6.3 Consideration of Resolution 2025-45, Approving a Right of Entry Agreement with San Gorgonio Pass Water Agency and United States Geological Survey for Drilling and Maintaining Groundwater Monitoring Well P-4
Mayor Flynn opened public comments
None
Mayor Flynn closed public comments
Motion to approve items 6.1-6.3 made by Councilmember Wallace and seconded by Mayor Pro Tem Royce
5 Motion carried unanimously 5-0.
7. PUBLIC HEARINGS
None
8. REPORTS OF OFFICERS
8.1 Receive and File Update on KB Homes Project, Vista Robles, and Impacts to Saint Boniface School Site.
David Newell, Community Development Director, provided the staff report.
Council questions:
Mayor Pro Tem Royce asked whether the wall was intended to be constructed before the building work began, rather than afterward.
Councilmember Miller questioned whether the height of the fencing could be higher than six feet
Mayor Pro Tem Royce clarified that the code and weather circumstances can be processed on a case-by-case basis, noting that a higher fence was specifically requested by Morongo.
Mayor Flynn opened public comments
Diego Rose noted that a 10-foot wall was approved next to his property and erected without any notification. This installation has affected his driveway, trees, and access to his business. He expressed concern that the Planning Department failed to coordinate various projects in the area, leading to conflicts and logistical errors. Although he has been in contact with City staff to seek solutions, he is worried that the City did not fully consider the impact on his property.
Vincent Marruffo expressed concern that the cemetery was not adequately protected before development began, despite prior agreements with the Morongo Band of Mission Indians, other tribes, and the city. He observed tire tracks, construction activity, and markers on the burial grounds, raising questions about whether these actions complied with the California Environmental Quality Act (CEQA). Marruffo mentioned that he had contacted federal and state authorities, as well as tribal representatives, to address the issue. He emphasized that the promised protections, such as erecting a fence before construction started, had not been implemented.
Mayor Flynn closed public comments
Council discussion:
David Newell, Community Development Director, clarified that wall heights are generally limited to six feet, with eight feet allowed only in industrial zones or when a wall is outside the setback area. Regarding CEQA compliance, he stated that the developer constructed the fence in 2022, before site construction began, and that extensive studies and consultations with the Morongo and other tribes were conducted as required by mitigation measures dating back to 2006. The site studies, which identify burial locations, are confidential and not publicly released. He emphasized that the city followed all CEQA 6 procedures and that the public had multiple opportunities to raise concerns before construction approvals in 2006, 2016, and 2024.
Mayor Flynn inquired why damage occurred despite a fence being erected before construction, and whether there were multiple areas of burial grounds instead of just one spot.
Councilmember Miller provided clarification that the fence and any truck activity occurred outside the area recognized by Morongo for protection. The current fencing being installed is the permanent fence that Morongo wants to put in place.
Mayor Pro Tem Royce clarified the difference between temporary and permanent fencing installations and their respective timelines.
Vernell Williams, Director of Planning for KB Homes, explained that the fencing around the cemetery was installed in late 2022. This decision was made in consultation with both Morongo and the city, and minor adjustments were made as requested. He emphasized that the development has not affected the cemetery itself, and any vehicle activity near it has been solely done by Morongo for maintenance purposes. The agreed-upon fencing is a six-foot steel tube fence, with prior approval from Morongo regarding its type and placement. Williams noted that the request for a taller fence was made only recently and can be discussed separately.
8.2 Consideration of Resolution 2025-46, Approving the Facilities Joint Use Agreement JUA) between the City of Banning and the Banning Unified School District Ralph Wright, Parks and Recreation Director, provided the staff report.
Council questions:
Mayor Pro Tem Royce asked why the Stagecoach Days Association is charged for use of Dysart Park.
Councilmember Barrington inquired about Exhibit A in the JUA and whether the high school performing arts center is included in usage for the city.
Mayor Flynn asked about the approval date for the Banning Unified School District and whether is was correct.
Councilmember Miller asked about staffing costs for each organization.
Mayor Flynn opened public comments
Diego Rose, spoke in support of collaborations between the city, schools, and community groups, noting that past efforts were blocked by district rules. He praised current cooperations as an example of how government should work. He mentioned that the city requiring fees for Stagecoach Days is illogical. He urged reevaluation of facility use agreements since public spaces are already paid for and should be free for community use.
Mayor Flynn closed public comments
Motion to approve Resolution 2025-46 made by Councilmember Wallace and seconded by Mayor Pro Tem Royce.
Motion carried unanimously 5-0.
7 8.3 Provide An Update to City Council of an Award of Grant for the Banning Two Way Cycle Track Safety Project, a Quick Build Pilot Study Project Funded by the Southern California Association of Governments
Nate Smith, Deputy Public Works Director, provided the staff report Council questions:
Mayor Flynn clarified if staff is requesting approval of the grant versus choosing exactly the two way, highlighting the community having input
Councilmember Wallace the importance of keeping it two-way with bike lanes Mayor Flynn opened public comments
Pat Murkland, who lives north of Wilson in an unincorporated area, mentioned that the proposed street changes do not meet the grant’s goals because it forces drivers on a long, inconvenient detour and would increase traffic in quiet neighborhoods. She emphasized concerns about safety and disaster preparedness, saying evacuation and emergency routes must remain direct. She also urged preserving historic trees and considering local institutions like the mortuary and schools. She asked the city to involve residents outside the city limits in future discussions, since they would also be affected.
The speaker agreed with the previous speaker and opposed making San Gorgonio Ave. one way or adding bike lanes, calling it a waste of resources and harmful to traffic flow. She highlighted major parking issues near Central and Nicolet schools, noting that removing curb parking for bike lanes would worsen congestion and disrupt school drop-offs and funeral processions. She mentioned that few people bike in the area and that outdated data is being used to justify unnecessary changes. She warned that rerouting traffic could delay emergency response times and believes. the plan would create more problems than solve them, even if funded by a grant.
Council discussion:
Mayor Pro Tem Royce mentioned whether the grant must be accepted with all 15 components or focus on the realistic parts of it.
Mayor Flynn confirmed whether the grant of $800,000 was intended for all 15 projects or solely for the two cycle tracks. He also stated that our obligation for the grant requires the project to remain active for at least six months. If it is deemed unhelpful, it could be removed.
Councilmember Miller stated that the situation is not permanent, but it could address issues in front of the schools. He emphasized that preventing one fatality is crucial and would justify the project.
Mayor Pro Tem Royce did not oppose the grant, but wanted to clarify zones Councilmember Wallace clarified the options one way and two ways, noting keeping it two lanes with bike lane is important.
Councilmember Miller clarified that the item before the council was to accept the grant or not
Motion to approve moving forward in the grant process made by Councilmember Wallace and seconded by Councilmember Miller
8 Motion carried unanimously 5-0
8.4 Cure of Potential Inadvertent Brown Act Violation.
John Pinkney, Interim City Attorney, provided the staff report.
Council questions:
Councilmember Wallace confirmed that this is the first and only time this has occurred.
Councilmember Barrington, Mayor Flynn, and Mayor Pro Tem Royce confirmed that this was the only time this had occurred.
Councilmember Miller confirmed that comments or questions from the violating meeting cannot be brought up in the upcoming workshop, where all councilmembers will be present at a properly noticed meeting.
Councilmember Wallace questioned why the City Treasurer was a part of the meeting stating that it is not the position of the City Treasurer to be present at meetings like this.
Mayor Flynn mentioned that the City Treasurer was present because she was the initial contact with SWAG.
Councilmember Wallace stated that for transparency reasons, the City Treasurer should not participate in certain Council discussions since the position is meant to oversee city finances.
Additionally, she should not have initiated contact with SWAG.
Mayor Flynn opened public comments.
Lincoln Bogard, mentioned there may have been another Brown Act violation on the same date for the Budget and Finance Meeting.
Frank Connolly requested clarification on the meaning of SWAG and its connection to the City of Banning.
Mayor Flynn closed public comments
Council discussion:
Councilmember Miller confirmed that the item being addressed was properly noticed and that a Brown Act Violation had occurred, despite a scheduled meeting. He mentioned that the timing of the meeting was noticed to be in the middle of the day, when citizens are working and not available to attend.
Mayor Flynn clarified that it was time all parties could attend.
Councilmember Wallace and Councilmember Miller confirmed they had never received an invite.
Motion made by Mayor Flynn to disregard any information or discussion occurring at the March 13th, 2025 meeting.
No second
9 Councilmember Barrington mentioned having a meeting date and time where everyone can attend.
Councilmember Miller said that he would prefer a meeting time when all members of the public can attend.
Motion made by Mayor Flynn to confirm that 3 council members will disregard any information or discussion occurring at the March 13th, 2025, meeting and seconded by Mayor Pro Tem Royce.
Motion carried unanimously 5-0
9. DISCUSSION ITEMS
10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS
Councilmember Wallace announced the Women’s Club fashion show would take place on April 26th at noon. She announced a town hall the same day at 4 PM at Roosevelt Williams Park.
Mayor Pro Tem Royce announced his town hall meeting for April 9th at 5 PM at the council chambers.
Councilmember Barrington announced her town hall for April 17th at 5:30 PM at the council chambers.
Councilmember Miller announced his town hall has been canceled for April 19th and rescheduled l for the 3rd Saturday in May at 10 AM at the Senior Center.
Mayor Flynn announced an upcoming meeting for a presentation by the Interim City Attorney, John Pinkney on April 18th at 10 AM.
11. ITEMS FOR FUTURE AGENDAS
11.1 NEW ITEMS
11.2 EXISTING ITEMS
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. Discussion of Reversing Decision to Close Airport (Royce)
7. Patriot Tree (Barrington)
8. Contractor(s) to do Citywide Cleanup (Flynn)
9. RFP for City Manager (Wallace)
10. Long term City Strategic Planning (Miller)
11. Armory Grant (Royce)
12. Review Grant Management Protocol (Flynn)
13. Update on Electric Billing (Miller)
14. Update on Animal Shelter (Miller)
15. Review and Update Council Travel Policy (Flynn)
12. ADJOURNMENT – 7:39 PM
Motion made to adjourn the meeting by Mayor Pro Tem Royce and seconded by Councilman Miller.
Motion carried unanimously 5-0
10 Next Regular Meeting – April 22, 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