1 MINUTES
CITY COUNCIL - REGULAR MEETING
CITY OF BANNING, CALIFORNIA
April 22, 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.
1. CALL TO ORDER
– 5:05 PM
1.1 INVOCATION
1.2 PLEDGE OF ALLEGIANCE
1.3 ROLL CALL
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, Acting City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Acting Deputy City Clerk
2. AGENDA APPROVAL
2.1 AGENDA APPROVAL
Motion to approve the agenda made by Councilmember Wallace and seconded by Councilmember Miller.
Motion carried unanimously 5-0
2 3. PRESENTATION
3.1 Proclamation - Small Business Month
Mayor Flynn read the proclamation
4. REPORT ON CLOSED SESSION
None
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND
REPORTS
5.1 PUBLIC COMMENTS
Mayor Flynn opened public comments
John Hagen expressed concern about the lack of cleanliness throughout the city, especially in the downtown area. He referenced a video he watched where Juanita Diaz was cleaning up an area, and Jeff Platt told her to stop.
He suggested that some property and business owners are neglecting their responsibilities to maintain their lots, leading to areas like those near the courthouse becoming overgrown and filled with trash again after previous clean-ups. He urged the city to take stronger action, including issuing fines or placing items on property that remain unmaintained.
Sue Savage, commented on signs of a possible recession in Banning, noting a sharp decrease in truck traffic on the I-10 freeway compared to past years. She explained that fewer 18-wheelers suggest reduced commerce, which could indicate a local economic downturn. She warned that these slowdowns could lead to declines in sales tax revenue, property values, and business activity. She encouraged the council and residents to pay attention to the local indicators.
Lincoln Bogard, referenced a special meeting held on Good Friday, noting that standing committees are subject to the Brown Act. He expressed concern about possible ongoing Brown Act violations, including past meetings involving the Mayor Pro Tem, City Treasurer, and Acting City Manager, in which staff were directed outside of public meetings, as well as email exchanges between the City Treasurer and City Council members. He also addressed being placed on administrative leave, stating that the letter doing so was legally improper and appeared retaliatory, coinciding with the acceptance of his complaint to the Grand Jury.
Diego Rose, addressed ongoing issues related to a neighboring project at 4296 W. Ramsey St., which he said has negatively affected his property and violated city codes, including the construction of a 10-foot wall. He stated he has raised these concerns for four years without resolution from city staff or past management. He requested that the matter be addressed publicly or 3 placed on a future agenda to seek resolution, emphasizing their desire to work collaboratively with the city rather than to pursue legal action.
Harry Sullivan provided information regarding funding opportunities for the Banning Municipal Airport. He stated that the hangers are in poor condition but could be refurbished using Federal Airport Improvement grant funds available through the 2021 Infrastructure Bill. He noted that Banning was eligible for approximately $585,000 in total funding from 2022-2025, but Public Works has not pursued these grants. He urged the City Council to take action to apply for and utilize the funds to repair hangars and increase airport revenue.
Bill Hobbs, thanked the City Council, City Manager and City Attorney for their efforts and positive changes in the city, noting a more positive tone in community discussions. He expressed concern about the growing homelessness issue in Banning, mentioning related mental health, drug and alcohol challenges. He urged state and local governments to revisit the use of treatment facilities, such as state hospitals, to better address these issues. He also noted the increase in visible homelessness and crime around town, including near Banning Point, and mentioned plants to participate in a protest at Larry D. Smith Correctional Facility regarding inmate releases.
Heidie Marie, expressed concern about a city video being removed from the City of Banning’s Facebook page, stating it should remain accessible to the public under the California Public Records Act. She felt that the removal violated the resident’s rights to view and comment on public materials and mentioned her intent to seek legal counsel. She criticized comments allegedly made by the mayor on social media, describing them as inappropriate and dismissive towards residents. She also questioned the mayor’s conduct during the meeting and the lack of financial reports from the City Treasurer, urging city leadership to set a better example and cause on transparency and professionalism.
Todd Oldenberg thanked the City Council for their service and acknowledged the challenge of leadership. He expressed concerns about homelessness, crime, vacant properties, and recent staff turnover, urging the council to improve transparency, unity and develop a clear vision for Banning’s future focused on safety, business growth, and community wellbeing.
5.2 CORRESPONDENCE
5.3 APPOINTMENTS
5.4 CITY COUNCIL COMMITTEE REPORTS
Councilmember Wallace reported that she attended the Community Action meeting as an alternate member. She also said she would be traveling to Sacramento to attend 4 the Cal Leader’s Summit and would miss the Borders Committee meeting on Friday but would attend via different means Zoom.
Mayor Pro Tem thanked everyone who had attended his town hall meeting. He also reported he will travel to Sacramento for the Cal Leader’s Summit.
Councilmember Barrington thanked those who attended her town hall meeting stating it was informative.
Councilmember Miller reported that he had met with the Blue Zones Steering Committee to discuss various projects and policy ideas aimed at improving the community’s health and well-being. He highlighted the issue of the high number of liquor stores in the city which he noted contributes to challenges in the homelessness situation. He also reported that he has a meeting scheduled for the 29th to discuss the release of inmates with the County Supervisor’s office.
Mayor Flynn reported that she attended RCTC, but there was nothing to report that directly affects Banning.
5.5 CITY MANAGER'S REPORT
5.6 CITY ATTORNEY'S REPORT
John Pinkney, reminded the council and community of the rules from the Manuel of Procedural Guidelines.
5.7 CITY TREASURER'S REPORT
Sue Savage, spoke regarding the city’s financial condition, emphasizing concerns over continued net cash flow losses. She reported cumulative losses of approximately $50 million over the past four years, averaging $12 million annually, with over $1 million already lost in 2025 year to date. She urged transparency, accountability, and the reinstatement of regular budget and finance and committee meetings, warning that without corrective action, the city risks significant financial instability.
6. CONSENT ITEMS
Items pulled: 6.10, 6.2, 6.4, 6.3, 6.6, 6.7, 6.9, 6.13, 6.14, 6.15 Mayor Flynn opened public comments for items not pulled Lincoln Bograd commented on the city's finances, stating that there is a positive cash flow.
However, he noted that citywide finances include bond-funded improvements and past issues within the Electric Department that were identified in 2022-23. He also mentioned the Treasurer's numbers, indicating that they only reflect citywide data and do not include justifications or the mid-year budget.
5 Diego Rose observed that reactions during the meeting were divided based on different perspectives and criticized the lack of genuine discussion, describing the process as mostly a display without substance. He expressed concerns about the traffic studies commissioned by the city, noting that they focus solely on vehicle traffic while neglecting the needs of pedestrians and cyclists. He highlighted the irony of this oversight, given the city’s stated goals for walkability and healthy communities. For instance, he pointed out a current grant project on Omar Street that fails to incorporate proper sidewalk infrastructure, forcing pedestrians into traffic lanes. Rose urged the council to thoroughly review and address these omissions before approving any future studies or projects.
Frank Connolly urged the council to reduce the speed limit on Ramsey Street back to 35 mph, noting an increase in accidents particularly between 8th and Sunset and around 12th and 16th streets. He also requested lowering Wilson Street’s speed limit to 25 mph, stating that higher speeds make it unsafe for drivers entering local businesses and that the area should not feel like a freeway.
Motion to approve consent items that were not pulled made by Councilmember Barrington and seconded by Councilmember Wallace
Motion carried unanimously 5-0.
6.1 Receive and File Fire Protection Services Statistics for the Month of February 2025
6.2 Receive and File Police Department Statistics for the Month of March 2025 Council questions:
Mayor Pro Tem Royce questioned the stats and the number representation regarding crimes. He also questioned the numbers surrounding harassment.
Mayor Flynn noted aggravated assault has increased 80% and asked whether that is an anomaly. noting some decrease in crime as well.
Mayor Flynn opened public comment
None
Mayor Flynn closed public comment
6.3 Receive and File Code Enforcement Statistics for the Month of March 2025 Council questions:
Mayor Flynn complimented Code Enforcement noting the increase in open cases and expressed appreciation.
Mayor Flynn opened public comment
6 None
Mayor Flynn closed public comment
6.4 Accept an Easement from San Jacinto Grid, LLC for Sidewalk Purposes on APN 541-220- 024 on Galleher Way
Council questions:
Councilmember Miller addressed some concerns about the address not matching the parcel.
Mayor Flynn opened public comment
Frank Connolly commented that the Honeywell project is located on the east side of Galleher Way, not the west. He noted that parcel 303-01 consists of two separate lots due to marijuana cultivation requirements
Mayor Flynn closed public comment
Motion made by Councilmember Wallace to ccept an easement and seconded by Councilman Miller
Motion carried unanimously 5-0
6.5 Receive and File Contracts Approved Under the City Manager's Signature Authority and Inventory Reports for March 2025.
6.6 City Council Travel and Conference Expense Report Year to Date Through March 2025
Council questions:
Mayor Flynn asked for labels to be clear for travel expenses, giving examples for fuel and rental costs.
Mayor Flynn opened public comments
Lincoln Bogard commented that he has heard many discussions at the Budget and Finance Committee and City Council meetings but noted that the only person he has heard called into question is Councilmember Wallace.
Mayor Flynn closed public comments.
6.7 Receive and File Cash and Investments Report for the Month of February 2025
Council questions:
7 Mayor Flynn questioned the difference in amounts for a Wells Fargo account, asking bout the expenditure differences between January and February. She also asked about a Successor Agency account.
Mayor Flynn opened public comment
Lincoln Bogard explained that the increase to the account is the ensure the account is adequately funded for semiannual bond payments. The Wells Fargo account balance fluctuates throughout the year, increasing during property tax collection periods in December, January, and June. This timing aligns with the city’s largest inflow of revenue. He noted that this has been explained to the council previously.
Mayor Flynn closed public comment
6.8 Public Works Capital Improvement Project Tracking List
6.9 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of February 2025
Council questions:
Mayor Flynn questioned a security deposit of $1,800.00 to Pippenger Holdings, charges to Marriott Desert Springs, and In Gear technology Mayor Flynn opened public comment
Lincoln Bogard commented that POST training is typically held at a Palm Desert location, where many officers attend and usually commute daily unless they live more than 50 miles away. He noted that the city had received three gifted BMW motorcycles.
Mayor Flynn closed public comment
6.10 Consideration to Adopt an Amendment to Administrative Policy (AP) No. B-35 –Grant Management/Administration
Council questions:
Councilmember Wallace clarified that there was a removal of the City Manager’s signature, noting the City Council would be the main approval; asking why the City Council would be involved in administration, not policy and procedures.
Mayor Flynn noted that it would still include the City Manager, but not only the City Manager.
8 Art Vela, Public Works Director, asked for clarification on whether the approval allows staff to prepare and submit grant applications without requiring separate approvals, noting that this would help avoid delays and maintain competitiveness.
Mayor Flynn opened public comment
Lincoln Bogard noted that many grants only allow a 30-day response window, making it difficult to bring each one to a council meeting. He suggested that an email from the city manager to inform council and gauge interest would be appropriate, cautioning that requiring council meetings for every grant could result in missed opportunities.
Mayor Flynn closed public comment
Motion to table item 6.10 made by Councilmember Wallace and seconded by Mayor Pro Tem Royce.
Motion carried unanimously 5-0.
6.11 Consideration of Resolution 2025-48, Authorizing staff to Sign the Subdivision Improvement Agreement and Accept Faithful Performance and Labor Bonds for Public Improvements for Storm Drain Improvements within Final Maps 37389, - 1, -4, -5, -6
6.12 Consideration of Resolution 2025-49, Awarding a Professional Services Agreement for Project No. 2025-01 On-Call Engineering and Traffic Survey (E&TS) to Willdan Group, Inc. of San Bernardino, CA in the Amount of $35,957 and Approving a 10% Contingency for a Total Project Budget of “Not-to-Exceed” $39,552.70
6.13 Consideration of Resolution 2025-50, Approving Amendment #3 to Eide Bailly Year-End Close Services Contract to Increase Total Not-To-Exceed Amount from $125,000 to $200,000
Council questions:
Mayor Flynn requested a timeline, noting it was difficult to start the date.
Michelle Green provided a timeline including dates, highlighting tasks included under the contract.
Mayor Flynn opened public comment
Mayor Flynn closed public comment
9 Motion to approve Resolution 2025-50 made by Councilmember Wallace and seconded by Councilmember Miller
Motion carried unanimously 5-0.
6.14 Consideration of Resolution 2025-51, Approving an Amendment No. 3 to the Professional Services Agreement (C00853) with Eide Bailly for External Audit Services for Fiscal Year 2023-24 Cost Overruns in the Amount of $99,500 after 23 Percent Discount.
Michelle Green provided an overview of the agreement and timelines included.
Mayor Flynn opened public comment
Mayor Flynn closed public comment
Motion to adopt Resolution 2025-51 made by Councilmember Wallace and seconded by Mayor Pro Tem Royce.
Motion carried unanimously 5-0.
6.15 Consideration of Resolution 2025-52, Approving Amendment No. 1 to Professional Services Agreement with UBEO Business Services LLC for Scanning and Indexing Services, including Appropriating Additional Funding of $45,000 for Fiscal Year 2024/2025 with Options to Extend Annually for a Total Contract Amount Not to Exceed $300,000.
David Newell, Community Development Director, provided background and a staff report regarding the agreement, highlighting the number of documents and their types that have been scanned to make them available to the public.
Council questions:
Mayor Flynn inquired about how many years back the required documents need to be filed, noting the backlog and encouraged departments to stay on top of filing in the future.
Mayor Pro Tem Royce asked of the 20 years of data how much has been scanned to date and asked how the public would get access.
Councilmember Barrington stated that the requested funds are for catching up and maintaining that status.
Mayor Flynn noted that the 5-year time frame is too far out to be locked into a contract.
10 Councilmember Miller inquired if there would be an option for RFP once the documents are up to date.
Mayor Flynn opened public comment
Lincoln Bogard commented that moving toward a paperless system, as other cities hav done by requiring electronic plan submittals, could be beneficial since digital storage may eliminate the need for paper records.
Frank Conolly voiced support of a two-year agreement, noting the city could not hire a staff member to perform the same work for $50,000 per year and lacks the necessary equipment. He felt the current provider is performing well and recommended continuing for another year or two, with the option to amend or extend later if needed.
Mayor Flynn closed public comment
Motion made by Mayor Flynn and seconded by Councilmember Barrington Motion carried unanimously 5-0.
6.16 Consideration of Resolution 2025-53, Amending the Classification & Compensation Plan for the City of Banning
6.17 Adopt Resolution 2025-54, Approving the Measure “A” Five Year Capital Improvement Plan Project List and Authorizing the City Manager to Execute the Maintenance of Effort Certification Statement
7. PUBLIC HEARINGS
8. REPORTS OF OFFICERS
9. DISCUSSION ITEMS
9.1 Update on the City's Utility Billing Issues
Art Vela, Public Works Director, provided the staff report. Vela provided context behind the background of the Utility billing new software roll out and why it failed. He explained the processes staff is taking to bring billing current.
Council questions:
Councilmember Barrington asked staff to email the presentation. She also asked when a transition of software would take place, noting that a future transition should not make the same mistakes.
11 Mayor Pro Tem Royce inquired about the ACH fees before the new software rollout, noting that in 25 years of living in Banning, he has never paid fees.
Mayor Flynn opened public comment
John Hagen commented that despite reducing yard watering and having fewer people in the home, his water usage has tripled since the meter change. He questioned why the new billing system is still malfunctioning after significant investment and asked whether the City is receiving any compensation from the vendor for a system that isn’t working and may require reverting to the old process.
Resident expressed concern about the billing issues and agreed with Councilmember Barrington’s question about preventing delays in notification. He stated he did not want to wait 3-4 months to be informed of problems, especially since unexpected bills of several thousand dollars are difficult for seniors on fixed incomes.
He questioned why customers were not notified earlier if the city knew there were system issues, and said clearer communication could have prevented surprises. He also asked how billing would work moving forward and whether residents can manage both a payment plan and their current bill at the same time.
Frank Connolly spoke and plans to file a Freedom of Information Act request for the address of the payment processing company, Milsoft. He objected to being charged percentage-based fees for debit card payments, stating debit transactions should only have a flat fee and that the current practice may violate consumer protection laws. He urged the City to waive these fees until proper debit/ATM processing is installed, noting many residents rely on debit cards due to limited local banking access.
Lincoln Bogard explained that the city’s system is two versions behind. A representative advised that upgrading to an on premise version would require updating the IBM servers. The City also has an option to move the system to the cloud, and in either case, existing account structures would carry over.
Mayor Flynn closed public comment
Council discussion:
Mayor Pro Tem Royce confirmed bugs in the system, noting the notification system should be better.
Councilmember Miller mentioned that residents would like to see the total of what is owed and whether this could be showcased on the bills.
Councilmember Barrington noted that she thinks it would be best to waive late fees until the billing is caught up and it is owed to residents for the City to absorb the fees.
Mayor Pro Tem Royce agreed that fees should be waived until billing is caught up. 12 Mayor Flynn questioned whether all banks charge the same fees for credit card payments. She also noted not charging extra fees is important only until the billing is caught up and that the City should not continue to absorb those fees.
Councilmember Barrington noted that there are issues with the water readings, even though her meter had been replaced.
10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS
Councilmember Wallace announced:
• Banning Women’s Club Spring Fashion Show
• Cool off with a Cop at Repplier Aquatic Center
• Coffee with a Cop at Banning Starbucks
Councilmember Barrington thanked City staff for their tireless work and dedication in catching up the Utility bills.
Councilmember Miller expressed gratitude to the City staff and emphasized the importance of collaboration among everyone. He also announced the National Day of Prayer at the Banning Community Center on May 1st.
Mayor Flynn commented that they had not fired anyone in the city.
11. ITEMS FOR FUTURE
AGENDAS
11.1 NEW ITEMS
1. Interim City Manager
Evaluation (Miller)
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. Review and Update Council Travel Policy (Flynn)
13 12. ADJOURNMENT – 8:16 PM
Next Regular Meeting – May 13, 2025
Prepared by: Amanda Morgan, Program Coordinator
Reviewed and submitted by: Sandra Calderon, Acting Deputy 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/192?view_id=1&redirect=true