1 The following information comprises the agenda 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.
CITY COUNCIL - REGULAR MEETING
CITY OF BANNING, CALIFORNIA
July 8, 2025 Council Chambers
5:00 p.m. 99 E. Ramsey Street
In Chambers Banning, CA 92220
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: Phaedra Norton, Interim City Attorney
Vickie Sellers, City Clerk’s
Arturo Vela, Acting City Manager
1. CALL TO ORDER
1.1 INVOCATION
Performed by Pastor Doug Purcell of Banning United Methodist 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. AGENDA APPROVAL
2.1 AGENDA APPROVAL
Council Member Wallace requested item 8.4 be moved after consent Items.
Mayor Pro Tem Royce requested item 8.6 be moved after item 8.4.
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Richard Royce
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
2 Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion approved by a vote of 5-0-0.
Remarks from Mayor Flynn:
A statement was made addressing ongoing negativity and personal attacks related to the city. She emphasized a commitment to focusing on solutions, transparency, and collaboration to ensure Banning’s success. A call was made for both colleagues and the community to work together constructively, acknowledging challenges, while promoting respect, unity, and civic engagement.
Appreciation was expressed for the continued efforts of city staff.
3. PRESENTATIONS
3.1 City of Banning Purchasing Department has been awarded the National Procurement Institute's Achievement of Excellence in Procurement (AEP) award for 2025.
Barbara Mason, Chief Procurement Officer recognized Procurement staff for their hard work and dedication to the City of Banning and the procurement profession.
3.2 Acorns to Oaks Presentation
The scheduled presentation was unable to proceed due to the City Manager’s absence. No alternate presenter was available. A handout included in the agenda contains information on the program.
4. REPORT ON CLOSED SESSION
Closed Session Report – Presented by Interim City Attorney Phaedra Norton:
The City Council convened at 2:00 p.m. for closed session to discuss items 3.1 through 3.7. • Item 3.1 - Conference with Labor Negotiators: No reportable action. • Itesm3.2 - Conference with Legal Counsel: Pending Litigation: Direction was given, no reportable action.
• Items 3.3 & 3.7- Combined discussion: No reportable action. • Item 3.4 - Public Employee Discipline/Dismissal/Release: The Council expressed appreciation to Acting City Manager Robert Fisher for his service. Mr. Fisher, a longtime Police Lieutenant, will return full-time to the Police Department to devote his full time and attention to public safety duties. Effective immediately, he is released from the Acting City Manager role. A special meeting is scheduled for July 10 at 5:30 p.m. to consider the appointment of a new Acting City manager. The vote was 4-1:
COUNCIL MEMBER YES NO
Barrington, Cynthia X
Flynn, Sheri X
Miller, Leroy X
Royce, Richard X
Wallace, Colleen X
• Items 3.5 & 3.6 – No reportable action.
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS
5.1 PUBLIC COMMENTS
David Hanson speaking on behalf of Tanawah Downing and the We Shall be Free movement, provided notice to the City of Banning regarding alleged constitutional violations by the State of California. He cited concerns about the use of criminal charges without grand jury indictments, 3 emoluments violations, ad unlawful actions by public officials and courts. He urged the City to ensure its officials act in compliance with the U.S. Constitution and stated he had a formal notice to place on the record.
Inge Schuler expressed concern about the ongoing absence of regular monthly utility billing statements since November. She requested a report on the issue at the next City Council meeting in August and urged the City to resolve the problem and provide clear billing information to residents.
Sue Savage addressed concerns regarding homelessness in Banning and clarified rumors circulating on social media alleging inappropriate behavior at a prior council meeting. She denied the claims, emphasized the importance of integrity and respectful discourse, and called on the community to focus on solutions – particularly in supporting he unhoused.
Pastor David Kieffer clarified that he did not witness or report the incident being discussed on social media. He stated he only saw the claims online and did not make any accusations.
5.2 CORRESPONDENCE
Staff reported that a letter was received on behalf of Western Carpenters regarding Item 7.2. It was noted that the letter would be read aloud during public comment for that specific agenda item.
A letter from Rod Curtis Todd was read into the record at his request by Mayor Flynn. In the letter, Mr. Todd announced the shutdown of the “Positively Banning” Facebook page, citing the spread of misinformation, hateful comments, and personal attacks. He expressed support for Mayor Flynn and frustration with how she has been treated. Mr. Todd stated that he and his family relocated to Texas, where he described the community as more respectful and supportive.
5.3 APPOINTMENTS
None
5.4 CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on attending the SANDBAG (San Diego Association of Governments) meeting. Topics included a strong budget outlook, progress on the Calexico Transportation Center (expected completion by October), and updates on efforts to address the U.S.-Mexico transboundary pollution crisis, including rehabilitation on the San Antonio de los Buenos Wastewater Treatment Plant.
Council Member Barrington reported attending a ribbon-cutting ceremony for the new Century 21 Realty office serving Sun Lakes.
Council Member Miller reported attending a recent board workshop focused on setting goals for FY 2025-26, which included a presentation and an informative session from an external company.
Also attended a League of California Cities regional luncheon (High Desert, Inland empire, Riverside divisions) in Riverside, where the discussion centered on Proposition 36. Speakers included district attorney and law enforcement leaders from Riverside and San Bernardino. The discussion highlighted efforts to strengthen enforcement and reclassify certain offenses to support more serious legal consequences.
Mayor Flynn reported attending the June 27 ribbon-cutting ceremony for Century 21 Sun Lakes Realty and the June 30 League of California Cities joint meeting in Riverside. The event focused on Proposition 36 (Homeless Drug Addiction and Theft Reduction Act), which was passed by 70% of California voters in November 2024 and became effective in December 2024. Key provisions include the creation of “wobbler” offenses-crimes chargeable as either felonies or misdemeanorsand treatment-mandated felony options. Mayor Flynn noted concerns about inadequate state 4 funding for mental health and addiction services, with only $100 million allocated statewide, despite calls for that amount in Riverside County alone.
5.5 ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS
Council Member Wallace It was announced that there will be no town hall meetings in July or August due to summer vacations. Town halls will resume on Saturday, September 4 at 4:00 p.m. at Roosevelt Williams Park.
Mayor Pro Tem Royce Thanks were extended to everyone who attended the 4th of July event. Special appreciation was given to City staff, volunteers, vendors, and the community for making the event a success.
Council Member Barrington A heartfelt thank you was given to CAL FIRE for their rapid and effective response to the Wolf Fire near Highway 243. She described witnessing the fire up close and expressed gratitude for the air tankers and ground crews that quickly brought the situation under control, emphasizing the importance of having CAL Fire’s support in the community.
Council Member Miller thanked everyone who attended the 4th of July event and gave a special shout-out to Brianna for her outstanding performance of the National Anthem. He also expressed appreciation for CAL FIRE, noting improvements in communication through regular briefings with local officials, which help keep the public informed.
Mayor Flynn announced that a town hall meeting will be held in Sun Lakes on July 14 (time TBD).
This is the last City Council meeting before the summer recess; the Council will go dark until next meeting on August 26.
5.6 CITY MANAGER'S REPORT
Michelle Green, Interim Administrative Services Director provided an update on the Finance Department’s current status. Key points included:
• The department has faced multiple staff vacancies, extended leaves, low morale, and lack of standard operating procedures (SOPS), resulting in significant operational delays. • Currently, six positions are vacant, with some in recruitment and other pending Council action. • Consultants are assisting with bank reconciliations and will support FY 2025 year-end procedures.
• The team is working to restore key financial reports, including investment and warrant reports, which are expected to return to Council in August.
• Full catch-up on FY 2025 records will take several months due to extent of backlog and new staff onboarding needs.
• The Importance of hiring a permanent Finance Director to maintain momentum and ensure continuity before critical upcoming deadlines.
Art Vela, Public Works Director provided Utility Billing Update:
• January bills are complete and either delivered or in the mail; February bills are being processed and expected to be completed by mid-July.
• Customer portal is active, and credit card payments are now accepted. • Utility billing is expected to be fully caught up by October-November with current staffing levels. • Utility billing relies on a small, overstretched team, and the process is highly manual, requiring account-by-account inspection and occasional field re-reads. • Internal coordination meetings will be held more frequently to track progress. • Possible temporary staff reassignments and cross-training customer service reps are being explored.
• A proposal to issue a single catch-up bill was rejected due to complications.
5.7 CITY ATTORNEY'S REPORT
5 Phaedra Norton, Interim City Attorney reviewed provisions from the City Council’s adopted Manual of Procedures, emphasizing the importance of:
• The Presiding Officer’s authority in ruling on point of order, subject to appeal. • Council member speaking rights, including when interruptions are permitted. • The obligation of civility and courtesy among Council members, staff, and the public. • The expectation that public attendees follow the same decorum standards as the legislative body.
• All remarks should be addressed to the Presiding Officer (Mayor), not individual members or staff.
5.8 CITY TREASURER'S REPORT
Sue Savage, City Treasurer raised concerns about unresolved meetings regarding City investments and bank account signers due to the City Manager’s absence. She encouraged the use of NaviLine software features to help resolve utility billing delays. She also recognized Economic Development Manager Marisol Lopez for securing a $6,000 scholarship that will benefit the City without cost. She expressed appreciation for staff efforts and emphasized the importance of fiscal responsibility.
6. CONSENT ITEMS
6.1 Consideration of Resolution 2025-03 UA, Authorizing the Purchase of a 2026 Ford F-550 Regular Cab Chassis with a Wach’s Valve Skid for a Total Cost of $232,257.01.
6.2 Consideration of Resolution 2025-98, Approving the Cooperative Agreement with Riverside County for Fire Services.
6.3 Consideration of Resolution 2025 -99, Approving a Professional Services Agreement (C01134) with Rincon Consultants, Inc. for Preparation of Annual Progress Reports on Housing to Fulfill Statutory Mandates Under Government Code Section 65400 and 65700.
6.4 Consideration of Resolution 2025-100, Amending Administrative Policy (AP) No. B-35 – Grant Management/Administration.
6.5 Consideration of Resolution 2025-101, Approving Amendment No.1 to the Professional Services Agreement with Rick Engineering, Inc. in the Amount of $20,930 for the Design of Ramsey Street Water Main Replacement.
6.6 Consideration of Resolution 2025-102, Approving Final Parcel Map 38659 and Release the Map for Recordation; Authorize Staff to Sign the Project Improvement Agreement and Final Parcel Map; Accept Faithful Performance and Labor and Material Bonds for Public Improvements.
6.7 Consider Resolution 2025-103, Approving a 2-Year Contract with a 1-Year Optional Extension to Terminix International Company, LP For City Wide Facilities and As-Needed Pest Control Services For a total of $75,000.
6.8 Consideration of Resolution 2025-104, Amending the Classification & Compensation Plan for the City of Banning.
6.9 Consideration of Resolution 2025-105, Rescinding City Council Resolution 2025-59, Resolution 2025-60, and Ordinance 1609 for Approvals Related to an Industrial Development Consisting of 1,320,284-Square Foot Warehouse Building on Approximately 131.28-Acres of Vacant Land Generally Located East of Hathaway Street and North of Interstate 10.
6.11 City of Banning’s Hexavalent Chromium Compliance Plan.
6.12 Accepting a Quitclaim of Existing City Easements Related to the Improvement of Tract Map No. 37389-6, PA 9A Within the Atwell Specific Plan.
6.13 Consideration of Second Reading and Adoption of Ordinance 1610, Adopting the Fire Hazard Severity Zones within the City of Banning Based on Maps Provided by the California Department of Forestry and Fire Protection by Amending the Banning Municipal Code Section 8.16.020 and Chapter 15.28.
Council Member Barrington removed items 6.1, 6.7, 6.9 and 6.10 6 Mayor Flynn pulled item 6.3
The following items were not removed by the Council: 6.2, 6.4, 6.5, 6.6, 6.8, 6.11, 6.12, 6.13 Motion by Council Member Wallace to approve the items not removed.
Seconded by Council Member Miller
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (5-0-0) passed.
Mayor Opened Public Comment
Rita Chapparosa former Deputy HR Director expressed support for item 6.8, she emphasized the importance of hiring a Human Resources Director under the City Manager. She emphasized the need for efficient recruitment and policy implementation and offered assistance with recruitment efforts.
Closed Public Comment
Item 6.1 was discussed by staff and Council.
Mayor Flynn opened public Comment.
No public comment
Closed Public Comment
Motion by Council Member Wallace to approve Resolution 2025-03 UA.
Seconded by Council Member Barrington
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Motion Carried (5-0-0) passed.
Item 6.3 was discussed by staff and Council.
Mayor Flynn opened public Comment.
No public comment
Closed Public Comment
Motion by Council Member Barrington to approve Resolution 2025-99.
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (5-0-0) passed
7 Item 6.7 was discussed by staff and Council.
Mayor Flynn opened public Comment.
No public comment
Closed Public Comment
Motion by Council Member Miller to approve Resolution 2025-103.
Seconded by Mayor Flynn
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (5-0-0) passed
Mayor Flynn opened public comment for Item 6.9
No public comment
Closed Public Comment
Motion by Mayor Pro Tem Royce to approve Resolution 2025-105, Rescinding City Council Resolution 2025-59, Resolution 2025-60, and Ordinance 1609 Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (5-0-0) passed
Item 6.10 was discussed by staff and Council.
Mayor Flynn opened public Comment.
No public comment
Closed Public Comment
Motion by Council Member Wallace Accepting Easements from North Pointe Development for Right Away, Maintenance and Access, and Temporary Construction necessary for the Sun Lakes Boulevard Extension Project.
Seconded by Mayor Pro Tem Royce
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (5-0-0) passed
8.4 Consideration of Resolution 2025-111, Authorizing a Property Rental Agreement for the Wanderlust Pop-Up Food Truck Festival through December 27, 2025, the Extension of the Event's Temporary Use Permit (TUP) and the Continued Waiver of Certain Fees Associated with Event
8 Recommendation: To guide the City’s decision-making, staff recommends the City Council consider the following two primary options:
Option 1: Authorize approvals for extending event on Sundays through December 2025 (or July 2026) at 150 E. Ramsey Street, require Applicant cover sanitary costs, and waive fire inspection fees.
Option 2: Authorize approvals for the event as an annual seasonal summer event from the first Sunday in June through the last Sunday in August at 150 E. Ramsey Street.
Provide direction on responsibility of sanitation for event, including possibility of City constructing a porta -potty enclosure and continue covering sanitation services through 2027, with annual Council review.
David Newell, Community Development Director noted initial strong attendance but a slight decline recently. The applicant is seeking a rental agreement to continue the event. The City has subsidized about $6,000 so far. Option 1 and Option 2 were discussed.
Option 3: move the event to Repplier Park.
Staff answered clarifying questions for Council.
• Council discussed extending the Wanderlust Food Tuck Festival. • Sales tax tracking was raised; business licenses could help. • Applicant offered to cover restroom costs if allowed to build an enclosure. • Suggested relocating to Repplier Park, but Mayor Flynn preferred the current location for visibility.
• Strong community support noted; applicant confirmed no added city costs for improvements.
Mayor Flynn opened public comment
Harry Sullivan expressed initial concern about exclusive use of the event site, preferring the cityowned parcels be sold. He supports relocating the food truck festival to the Community Center parking lot, citing better amenities (lighting, restrooms, skate park), and believes restroom vandalism could still be an issue even with new structures Resident shared that he interviewed 50 attendees, all providing positive feedback. Visitors came from Palm Springs and Beaumont and praised Banning for hosting the event. He encouraged continuing the festival.
Juanita Diaz expressed strong support for keeping the food truck event at its current location near the freeway, citing visibility and convenience. She opposed moving it to the park, felt fire inspection requirements were excessive. Urged the City to support the event and community.
Sue Savage suggested removing and returning the portable toilets weekly to prevent damage and ensure cleanliness for the Sunday food truck events.
Edward Espinoza supported keeping the food truck event downtown, citing its role in revitalizing Banning and attracting visitors from surrounding cities. Emphasized its value in drawing attention to the city for future business opportunities. Acknowledged restroom issues but noted they are common and not unique to the event.
Closed Public Comment
Ongoing issues with the port-o-potty location was discussed. Concerns were raised about hazardous asphalt at the site, which caused tripping incidents. Council Member Miller suggested that fixing the asphalt should be a top priority.
9 Council Member Barrington expressed support for keeping the food truck event downtown, noting the circular layout allows easy viewing of all trucks and fosters community interaction. She suggested the property could remain for sale while still being used, and if it sells, the event could move to the park.
Nate Smith, Deputy Director of Public Works explained the City uses cold mix patching for asphalt repairs but lack the equipment for full paving. Due to the poor condition of the pavement, hiring a paving contractor would be necessary. Staff will explore options and costs, possibly including chip seal or mill and fill, and bring estimates back for consideration. It was noted that improving the pavement would also help the property’s appearance if put up for sale. Estimated cost could be around $100,000.
Motion by Mayor Flynn to Approve Resolution 2025-111, authorize approvals for extending event on Sundays through December 2025 at 150 E. Ramsey Street, require Applicant cover sanitary costs, waive fire inspection fees, revisit in January 2026 and allow the applicant to erect permanent structures around bathrooms.
Seconded by Council Member Barrington.
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (5-0-0) passed
8.6 Consideration of Resolution No. 2025-112 to Approve Budget Appropriation to fund the S WAG contract
Vince Avila, Chief of Police provided the staff report.
Mayor Flynn opened public comment.
Sue Savage acknowledged the delayed start with SWAG since February but expressed appreciation for the City Council addressing homelessness and thanked SWAG for partnering with the City.
Juanita Diaz expressed support for SWAG’s upcoming start, emphasizing the need for new approach to addressing homelessness in Banning. She acknowledged limitations due to police staffing and emphasized that SWAG can help those willing to change.
Mayor Flynn closed public comment.
Council Member Barrington said SWAG is not preplacing exiting programs but adding to them. It will not affect churches, the Salvation Army, or Opportunity village, which focuses on housing.
SWAG provides outreach, not housing, and is another partner in addressing homelessness.
Chief Avila confirmed the $582,024 cost would impact the general fund. Finance staff said the city has the cash flow to cover the contract, though it would reduce reserves. It would not affect upcoming audits, as long as funds are available and the expenditure is approved by council.
Mayor Flynn noted savings of at least $609.000 from Opportunity Village staffing and other salaries, calling the SWAG appropriation a cost-effective step forward. 10 Motion by Mayor Flynn to Adopt Resolution 2025-112, approving appropriation for SWAG for SWAG contract in the amount of $48,502/month for a not to exceed total of $582,024 for FY2026 from the General Fund
Seconded by Council Member Barrington
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (4-1-0) passed
7. PUBLIC HEARINGS
7.1 Public Hearing on Vacancies to Comply with Assembly Bill 2561 Recommendation: Hold a public hearing; and receive and file this report in compliance with AB 2561.
Nicole Jews, Human Resources Manager presented AB 2561 requirements for annual public hearings on job vacancies, recruitment, and retention. As of June 1, 2025 the City had 249.7 budgeted FTEs, 199.2 filled, and 43.5 vacant (17.92% vacancy rate). Some classifications exceed 20% vacancy, with efforts, underway to improve. Updates include recent resignations (Transmit manager, Administrative City Clerk) and hires (Planning Manager, Dispatcher), with onboarding in-progress for two additional positions. Recruitment will resume once approved.
Mayor Flynn opened the public hearing at 7:41 p.m.
No Public comments
Mayor Flynn closed the public hearing at 7:42 p.m.
Item was received and filed by Council.
7.2 Consideration of (1) Resolution 2025-106, Approving the Banning Commerce Center Project by Sansone Group, Including a Design Review Application, Case DR 21-7017, for the Construction of a 1,320,284-Square Foot Industrial Warehouse Building on 131.28-acres of Land Generally Located North of the I-10 Freeway/E. Ramsey Street, East of N. Hathaway Street and Bisected by Wilson Street ("Project Site") and a Tentative Parcel Map Application, Case TPM 38576, for the Subdivision of the 131.28-acre Project Site into Three Numbered Lots for Private Development Improvements and Four Lettered Lots for Right-of-Way and Other Improvements; (2) Resolution 2025-107, Certifying the Environmental Impact Report (SCH No. 2022090102), Adopting Findings and a Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program for the Banning Commerce Center Project Consisting of a 1,320,284-Square Foot Industrial Warehouse Building on 131.28-acres of Land Located on the Project Site; and (3) Introduction and First Reading of Ordinance 1611, Approving a Development Agreement By and Between the City of Banning and JDJN Enterprises, LLC, a Missouri Limited Liability Corporation
Recommendation:
1. Adopt Resolution 2025-106.
2. Adopt Resolution 2025-107.
3. Introduce and conduct first reading of, by title only, Ordinance 1611: AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BANNING AND JDNJ
ENTERPRISES, LLC, A MISSOURI LIMITED LIABILITY CORPORATION 11 David Newell, Community Development Director provided the staff report.
Mayor Pro Tem Royce asked if the CFD rate of $0.10 per square foot was standard, noting it seemed low for a large warehouse. Staff responded that the rate was based on comparable cities, was above average in some cases, and considered a variety of building sizes.
Council Member Miller inquired if prior concerns regarding Hargrave and Ramsey had been addressed. Staff stated a condition was added requiring a study at that intersection, to be submitted under the current resolution’s conditions.
Mayor Flynn opened the public hearing at 8:01 p.m.
Andrew Melling of the Western States Regional Council of Carpenters, expressed support for the project. He noted Sansone Group is committed to hiring locally and using state-certified apprenticeship programs.
Robert Ramos representing Ironworkers Local 416, spoke in support of the project, emphasizing the applicant’s commitment to hiring local skilled workers and providing career advancement with middle-class wages and benefits. He urged Council to support the project.
Amy Smith, speaking for CARE California, expressed support for the project and the developer.
She highlighted the benefits to the City of Banning’s economy and community, urging Council to approve the project.
Written comments on behalf of WSRCC supporting the Banning Commerce Center Project were sent by Jeremy Hewitt Esquire, He noted the project’s benefits to the environment and local economy through worker safety protocols and environmental mitigation.
Motion by Mayor Pro Tem Royce to Adopt Resolution 2025-107 Seconded by Council Member Miller
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (5-0-0) passed
Motion by Mayor Pro Tem Royce to Adopt Resolution 2025-106 Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (5-0-0) passed
City Clerk read Ordinance 1611 by title only.
Motion by Mayor Flynn to Introduce and conduct first reading of Ordinance 1611 Seconded by Council Member Wallace
12 COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (5-0-0) passed
8. REPORTS OF OFFICERS
8.1 Consideration of Resolution 2025-108, Authorizing the Submittal of a Grant Application Under the Bureau of Reclamation WaterSMART: Title XVI WIIN Act Water Reclamation and Reuse Program for Fiscal Year 2023 and for Fiscal Year 2024 for up to 25% of the Total Project Costs, Up To $30 Million, for the Wastewater Treatment Plant and Recycled Water Upgrades and Authorizing the City Manager to Executed Related Grant Agreement to Receive Funding Recommendation: Adopt Resolution 2025-108.
Art Vela, Acting City Manager said the project addresses aging infrastructure, regulatory compliance, and recycled water production. Past actions include agreements with N2W Engineering and AECOM Lyles Joint Venture. The City was awarded $16.19M under the Title 16 program after revising its application. Resolution confirms the City’s financial/legal obligations, designates an authorized representative and affirms support for the application.
Mayor Flynn opened public comment.
No public comment.
Mayor Flynn closed public comment.
Motion by Council Member Wallace to Adopt Resolution 2025-108.
Seconded by Council Member Miller
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (5-0-0) passed
8.2 Consideration of Resolution 2025-109, Authorizing the Submission of an Application to the California Infrastructure and Economic Development Bank for Financing for the Wastewater Treatment Plant and Recycled Water Upgrades Project
Recommendation: Adopt Resolution 2025-109.
Art Vela, Acting City Manager provided the staff report. Authorize submission of an I-Bank financing application for up to $25M to fund the Wastewater Treatment Plant and Recycled Water Upgrades Project. Funding will combine grant funds, multiple City funds, and debt financing. I- Bank was selected over other options for faster turnaround and lower interest rates, with potential savings up to $1.3 M compared to Revenue Bonds. Resolution authorizes the application, intent to reimburse with loan proceeds, and authority to enter a financing agreement, without obligating the City to take the loan.
Mayor Flynn opened public comment.
No public comment.
13 Mayor Flynn closed public comment.
Motion by Mayor Pro Tem Royce to Adopt Resolution 2025-109.
Seconded by Council Member Wallace.
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (5-0-0) passed
8.3 Consideration of Resolution 2025-110, Approving an amendment to Purchasing Policy No.
B-30 to streamline and enhance the procurement and purchasing process Recommendation: Adopt Resolution 2025-110.
Barbara Mason, Chief Procurement Officer provided the staff report. Amendments to Purchasing Policy-Sections 3-105 and 3-05.7. Changes remove exceptions covered elsewhere, limit them to warehouse inventory items, and allow City Manager/designee to approve purchases over $25K with Council ratification within two meetings. Replaces large blanket orders with per-purchase approvals for greater transparency and oversight while ensuring timely procurement of critical materials.
Mayor Flynn opened public comment.
No public comment.
Mayor Flynn closed public comment.
Motion by Council Member Wallace to Adopt Resolution 2025-110.
Seconded by Council Member Royce.
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (5-0-0) passed
8.5 Consideration of Resolution 2025-97, Authorizing the Budget Appropriation for Lease Payments on Motorola Radios, Purchased Under Prior Resolution 2024-22, in an Amount Not to Exceed $641,560.80
Recommendation: Approve Resolution 2025-97.
Brandon Smith, Acting Police Captain provided the staff report. Corrects lease terms for 50 Motorola radios for Police Department. Actual lease is five years totaling $641,1560.80, with annual payments of $128,312.16. Initial one-year deferral ended; payments now due. No grant funding was obtained; lease payments will be covered by General Fund.
Mayor Pro Tem Royce expressed concern over the high cost of $13,000+per radio, noting other agencies paid about half that amount. He questioned why no grant funding was pursued despite prior mentions; staff confirmed no grant application was ever submitted. 14 He highlighted that smaller agencies like Banning typically join larger regional purchasing groups to get better pricing and emphasized the need to greater transparency and cost-effectiveness going forward.
Staff said lease payments were scheduled to start June 1 and are now due. He clarified that previous resolution didn’t clearly communicate that General Fund dollars would cover payments if no grant was secured. Currently, no late fees are being charged on the lease payments.
Mayor Flynn opened public comment.
Frank Connelly questioned the high radio lease costs and called for accountability. He suggested termination for city staff involved mishandling the purchase, and linked the issue to broader financial concerns for the city.
Mayor Flynn closed public comment.
The contract allows renegotiation but no standard termination without cause.
Termination is only possible if a default occurs and isn’t cured. Renegotiation or ending the agreement may be difficult without mutual agreement.
The five-year lease totals about $641,568 with the first year deferred. Mixed language in prior resolutions caused confusion. Grants were initially planned but delayed due to staff changes.
General efforts continue, including one for $80,000 via Emergency Management, awaiting confirmation.
Radios have separate monthly fees for cellular service and Motorola Connect tracking. Officers have cell phones, and advanced features such texting and emailing on the radios are disabled.
Exact monthly cost is unknown.
Motion by Council Member Wallace to Adopt Resolution 2025-97.
Seconded by Council Member Miller.
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (4-0-1) passed
9. DISCUSSION ITEMS
9.1 Chamber of Commerce lease agreement
Recommendation:
Review lease agreement between the City of Banning and the Banning Chamber of Commerce Phaedra Norton, Assistant City Attorney requested direction from Council.
The Banning Chamber of Commerce previous lease expired; rent was $5 for building and parking lot use for five years. The Chamber had prior agreement with Southern California Gas Company (2006-2019). Council was asked to provide direction on whether to renegotiate the lease, continue without a lease, or consider other options. 15 Questions were raised about how Southern California Gas paid the Chamber a lump sum of about $212,000 reportedly based on monthly rate of around $2,000 for a 13-year lease term.
The lease prohibited subleasing but the Chamber was subleasing the property.
New Chamber Director says current lease with Gas Company is $3,500/month. The City owns the building; The Gas Company subleases from the Chamber without clear approval records.
Lease dates back decades and likely expired. Council agrees lease needs renegotiation.
Council agrees to table lease decision due to missing original agreement and begin fresh negotiations with Chamber. Gas Company plans to vacate within a year. City Attorney said Council will guide lease talks, possibly in closed session.
Mayor Flynn opened public comment.
Frank Connelly said the Chamber leases city building cheaply and subleases to the Gas Company to held fund operations. Gas Company moved here for resident convenience. He encouraged the Council to keep the Gas company in town for everyone’s benefit.
Mayor Flynn closed public comment.
Motion by Mayor Pro Tem Royce to table the item.
Seconded by Council Member Miller
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (5-0) passed
10. ITEMS FOR FUTURE AGENDAS
10.1 NEW ITEMS
None
10.2 EXISTING ITEMS
Phaedra Norton, Assistant City Attorney said the Morongo Band of Mission Indians submitted new comments on the Banning Commerce Center Project’s mitigation measures after the council’s initial approval. Staff reviewed and found the measures reasonable and implementable. The council is being asked to reconsider the item to include this information in the official record and avoid procedural issues, primarily related to the environmental impact report. The proper process is to make a motion to reconsider the item.
Motion by Mayor Pro Tem Royce to reconsider Resolution 2025-107.
Seconded by Council Member Wallace.
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (5-0) passed
16 David Newell, Community Development Director read letter received (Attachment 1) During the discussion, a point of order was raised regarding Council Member Miller’s potential conflict of interest and whether he should recuse himself due to financial involvement as per the 1090 regulations.
Council Member Miller agreed and recused himself from voting on this item.
Motion by Mayor Pro Tem Royce to reconsider Resolution 2025-107.
Seconded by Council Member Wallace.
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (4-0-1) passed
Mayor Flynn reopened the Public Hearing at 9:12 p.m.
There was some initial confusion about who would be responsible for costs related to the new environmental mitigation measures, such as handling artifacts or human remains if discovered. It was clarified that these costs would be covered by the developer.
Mayor Flynn closed Public Hearing at 9:14 p.m.
Motion by Council Member Wallace to Adopt Resolution 2025-107.
Seconded by Mayor Pro Tem Royce.
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (4-0-1) passed
City Clerk read Ordinance 1611 by title only.
Motion by Council Member Wallace to Adopt Ordinance 1611.
Seconded by Mayor Flynn.
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (4-0-1) passed
Motion by Mayor Pro Tem Royce to Adopt Resolution 2025-106.
Seconded by Council Member Wallace.
17 COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia
Flynn, Sheri
Miller, Leroy
Royce, Richard
Wallace, Colleen
Motion Carried (4-0-1) passed
11. ADJOURNMENT
The meeting adjourned at 9:17 p.m.
Minutes prepared by:
Sandra B. 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/219?view_id=1&redirect=true All documents related to this meeting are available here:
https://d3n9y02raazwpg.cloudfront.net/banningca/a2751147-76d7-11ef-9b71-005056a89546- 58aff184-fc89-4a54-a5ea-bd1452aedb38-1751577099.pdf
12700 Pumarra Road – Banning, CA 92220 – (951) 755-5259 – Fax (951) 572-6004 – [email protected] Attachment 1
TRIBAL HISTORIC PRESERVATION OFFICE
VIA ELECTRONIC MAIL
[email protected]
David A. Newell AICP
City of Banning
Director, Community Development Department
99 East Ramsey Street
Banning, CA 92220
June 12, 2025
Re: AB52 Consultation: Banning Commerce Center, City of Banning, Notice of Public Hearing Dear Director Newell:
The Morongo Band of Mission Indians (Tribe/MBMI) Tribal Historic Preservation Office (THPO) received on May 5, 2025, notice of Public Hearing to be held May 13, 2025, for the Banning Commerce Center Project by the Sansone Group for the Design Review (Project). MBMI was not able to attend the Public Hearing but was able to review the Environmental Impact Report (EIR) and the Mitigation Measures (MM) for the Project.
In this review, THPO noticed that the MM were not complete, and did not follow all our requests for Cultural Resources and Tribal Cultural Resources discussed during our consultations in 2023. Although our request for Tribal Monitoring was included in the MM, there is an absence of the following items:
(1) In the event that human remains are inadvertently discovered during the Project, NO PHOTOGRAPHS
WILL BE TAKEN EXCEPT BY THE CORONER AND WITH THE EXPRESS WRITTEN PERMISSION OF TRIBE. No unauthorized person shall enter the area, etc. (2) That a plan should be in-place to establish what will happen when an inadvertent discovery is made:
i.e., establishment of an Environmentally Sensitive Area (ESA), archaeological evaluation regarding eligibility to the California and/or National Record, treatment plan for the resource, etc. The cultural resource firm that is contracted should be able to prepare this; please ask to include specifics. (3) A plan for the disposition of any cultural or tribal cultural items is to be in place before the Project begins.
This means that a plan will be in place to rebury any cultural items on the Project parcel in an area where they will not be disturbed in perpetuity or that arrangements will be made with a Federally approved Repository for curation in perpetuity (at the expense of the project proponent) or that the ownership of any pre-contact cultural or tribal cultural items will be transferred to MBMI by mutual agreement between Tribe and the project proponent.
(4) The Archaeologist (i.e., the contractor who will be responsible for following the MM) should be designated as “U.S. Department of the Interior-qualified.” 12700 Pumarra Road – Banning, CA 92220 – (951) 755-5259 – Fax (951) 572-6004 – [email protected] As background information, MBMI THPO and the City of Banning had several letter exchanges in midAugust of 2023, regarding the requests of Tribe. These were with Mark Manacor who was a Contract Planner for the City of Banning at that time. During that exchange, a list of MBMI Standard Mitigation Measures was provided. For your convenience, I am again attaching that to this email.
MBMI would be most appreciative if these items could be added to the MM for the Banning Commerce Center Project. Please contact Tribe should you wish to discuss this request. MBMI looks forward to continuing government-to-government consultation and working with the Community Development Department of the City of Banning. Working together, MBMI can be assured that our ancestors and their possessions will be treated with respect and disposed of in an appropriate manner.
Thank you very much for your consideration. Please confirm that you have received this letter. If you would like to arrange an on-line consultation, please contact me or Dr. Schneider.
If you have any questions or concerns, please contact me, Bernadette Ann Brierty, Tribal Historic Preservation Officer (THPO): [email protected], [email protected] or (951) 663-2842.
Respectfully,
Bernadette Ann Brierty
Tribal Historic Preservation Officer
Morongo Band of Mission Indians
CC: Morongo THPO
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