RESOLUTION 2024-185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE
TRANSPORTATION UNIFORM MITIGATION FEE REIMBURSEMENT AGREEMENT WITH WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS FOR UP TO $13,000,000 FOR THE
SUN LAKES BOULEVARD EXTENSION PROJECT
WHEREAS, Western Riverside Council of Government (WRCOG) has developed and administers the Transportation Uniform Mitigation Fee (TUMF) program, a regional fee program designed to provide transportation infrastructure to mitigate the impact of new growth in western Riverside County. The City of Banning is an active member in WRCOG; and WHEREAS, as the program administrator, WRCOG allocates TUMF funds to a variety of agencies, including the Riverside County Transportation Commission (RCTC), Riverside Transit Agency (RTA), Western Riverside Regional Conservation Authority (RCA), western Riverside cities and Riverside County areas through applicable TUMF Zones; and WHEREAS, the City of Banning is part of the Pass Zone along with the City of Calimesa, City of Beaumont and Riverside County (District 5); and WHEREAS, the Pass Zone Transportation Improvement Program (TIP), which included the Sun Lakes Boulevard Extension project, was approved by the WRCOG Executive Committee at its June 21, 2024 meeting; and
WHEREAS, Amendment No. 1 to the TUMF Reimbursement Agreement will provide up to $13,000,000 in TUMF funds in the form of a reimbursement to the City of Banning for expenditures related to the Sun Lakes Boulevard Extension project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves Amendment No. 1 to Transportation Uniform Mitigation Fee Program Agreement with the Western Riverside Council of Governments for the Sun Lakes Boulevard Extension Project.
SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Amendment No. 1 to Transportation Uniform Mitigation Fee Program Agreement and to execute the Amendment No. 1 to Transportation Uniform Mitigation Fee Program Agreement with Western Riverside Council of Governments on behalf of the City Council.
SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 12th day of November 2024. 6063
Resolution 2024-185
Alberto Sanchez, Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
Serita R. Young, City Attorney
Richards, Watson & Gershon
6074
Resolution 2024-185
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-185, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of November 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
6085
Resolution 2024-185
EXHIBIT A
Amendment No.1
Transportation Uniform Mitigation Fee Program Agreement 6096
Project #06-PS-BAN-1206
AMENDMENT NO. 1 TO TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM AGREEMENT
SUN LAKES BOULEVARD EXTENSION PROJECT
PA&AD, PS&E AND CONSTRUCTION PHASES
This Amendment No.1 to Transportation Uniform Mitigation Fee Program Agreement (“Amendment No. 1”) is entered into this ______day of _______________, 202_, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”) and City of Banning, a California municipal corporation (“AGENCY”). WRCOG and the AGENCY are sometimes referred to individually as “Party” and collectively as “Parties.”
RECITALS
A. WRCOG and AGENCY have entered into an agreement titled “Transportation Uniform Mitigation Fee Program Agreement” that is dated June 12, 2020 (“Agreement”). The Agreement provides the terms and conditions, scope of work, schedule and funding amount for the construction of the Sun Lakes Boulevard Extension (hereinafter the “Project”).
C. The Parties desire to amend the Agreement, as amended by Amendment No. 1 by increasing the funding amount pursuant to Sections 6 and 33 of the Agreement.
D. Funds are being increased for this Project because new funding has become available.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:
6107
Project #06-PS-BAN-1206
1. The Funding Amount contained in Section 2 of the Agreement as amended by Amendment No.1 is hereby increased by $12,000,000 (TWELVE MILLION DOLLARS) from $1,000,000 (ONE MILLION DOLLARS) to an amount not to exceed $13,000,000 (THIRTEEN MILLION DOLLARS).
2. The foregoing increase in the Funding Amount is within the Maximum TUMF Share.
3. Section 10 of the Agreement, as amended, is hereby deleted in its entirety and replaced with the following provision:
AGENCY’s Local Match Contribution. AGENCY funding is not required, as shown in Exhibit “A” attached hereto.
4. Exhibits “A”, “A-1”, and “A-2” of the Agreement, as amended by Amendment No. 1 are hereby replaced in their entirety by Exhibits “A”, “A-1”, and “A-2” of this Amendment No. 1, which are attached hereto and incorporated by reference.
5. The above-stated Recitals are hereby fully incorporated into this Amendment No.
1. 6. Except to the extent specifically modified or amended hereunder, all of the terms, covenants and conditions of the Agreement as amended, shall remain in full force and effect between the Parties hereto.
IN WITNESS WHEREOF, the Parties have caused this Amendment No. 1 to be executed by their duly authorized representatives to be effective on the day and year first written above. 6118
Project #06-PS-BAN-1206
WESTERN RIVERSIDE COUNCIL CITY OF BANNING
OF GOVERNMENTS
By: ______________________________ By: ______________________________ Dr. Kurt Wilson, Executive Director Doug Schulze, City Manager
Approved to Form: Approved to Form:
By: ______________________________ By: ______________________________ Steven C. DeBaun Serita Young, City Attorney
General Counsel
Attest:
By: ______________________________
Caroline Patton, Administrative City
Clerk
6129
Project #06-PS-BAN-1206
Exhibit A
SCOPE OF SERVICES
1. SCOPE OF WORK:
PA&ED and PSE Phases
• Project Management
• Project Development
• Preliminary Engineering Design
• Environmental Documentation
• Final Design Reports and Studies
• Final Design Plans, Specifications, and Estimates
• Permitting
• Bidding/Construction Support
CON Phase
• Construction Management
• Field Inspection
• Materials Testing
• Construction costs, including change order to construction contract o Improvement of 1.01 miles of roadway between Highland Home Road and Sunset Ave
o 4 vehicle lanes (2 in each direction) within a 110 right of way. Scope includes road base, asphalt, concrete median curb, curb and gutter, sidewalk, street lights, signage, and striping
o Drainage improvements to collect and convey stormwater on the roadway to project culverts
o Relocation of non-agency owned utilities
• Construction Inspection
61310
Project #06-PS-BAN-1206
EXHIBIT “A-1”
ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED $500,000 0 $500,000
PS&E $500,000 0 $500,000
RIGHT OF WAY 0 0 0
CONSTRUCTION $12,000,000 0 $12,000,000
TOTAL $13,000,000 0 $13,000,000
61411
Project #06-PS-BAN-1206
EXHIBIT “A-2”
PROJECT SCHEDULE
TIMETABLE:
Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED 12/31/24 $500,000
95% Plans
Complete
PS&E 12/31/24 $500,000
95% Plans
Complete
RIGHT OF WAY N/A N/A
CONSTRUCTION 12/31/27 $30,000,000
Include RCTC
Mara Funding
TOTAL $31,000,000
61512
FY 25-26 FY26-27 FY27-28 FY28-29 FY29-30
Current
Programmed
Phase Balance
Total Phase
Payments/
Expenditures
Last Invoice
Reimbursement
Agreement
Values
Max Share
(2024)
5,000,000$ 5,150,000$ 5,304,500$ 5,463,635$ 5,627,544$ 49,677,913$ (4,563,555)$ 21,930,101$ ($2,696,804) (19,721,804)$ (15,417,304)$ (9,953,669)$ $26,930,101 2,453,196$ (14,417,304)$ (9,953,669)$ (4,326,125)$ Phase**
PLN 973,992$ 1,000,000$ 1,000,000$ -$ -$ (2,526,008)$ 3,500,000$ ENG -$ -$ -$ -$ -$ -$ -$ -$
ROW -$ -$ -$ -$ -$ -$ -$ -$
CON -$ -$ -$ -$ -$ -$ -$ -$
PLN 110,429$ -$ -$ -$ -$ 110,429$ (389,571)$ 500,000$
ENG 79,176$ -$ -$ -$ -$ 79,176$ (420,824)$ 500,000$
ROW -$ -$ -$ -$ -$ -$ -$ -$
CON 7,000,000$ 13,000,000$ -$ -$ -$ 20,000,000$ -$ 12,000,000$ PLN -$ -$ -$ -$ -$ -$ (15,558)$ -$
ENG -$ -$ -$ -$ -$ -$ (599,903)$ 600,000$
ROW -$ -$ -$ -$ -$ -$ -$ -$
CON 13,500,000$ -$ -$ -$ -$ 13,500,000$ -$ 13,500,000$
PLN 500,000$ 1,000,000$ -$ -$ -$ 1,500,000$ -$
ENG -$ -$ -$ -$ -$ -$ -$
ROW -$ -$ -$ -$ -$ -$ -$
CON -$ -$ -$ -$ -$ -$ -$
PLN -$ -$ -$ -$ -$ -$ -$
ENG -$ 2,100,000$ -$ -$ -$ 2,100,000$ -$
ROW -$ -$ -$ -$ -$ -$ -$
CON $ - $ - $ - $ - $ - $ - $ - PLN 31,931$ -$ -$ -$ -$ 31,931$ (268,069)$ 300,000$ ENG 277,235$ -$ -$ -$ -$ 277,235$ (322,765)$ 600,000$
ROW 2,079,142$ -$ -$ -$ -$ 2,079,142$ (20,858)$ 2,100,000$ CON 5,000,000$ 5,000,000$ -$ -$ -$ 10,000,000$ -$ 5,000,000$ 25-PS-RCY-1415 75,000$ 75,000$ -$ -$ -$ 150,000$ -$ N/A No Agreement -$ Total Programmed Capital Expenditures 29,626,905$ 22,175,000$ 1,000,000$ -$ -$ 49,677,913$ Total Programmed Carryover Balance* ($2,696,804) (19,721,804)$ (15,417,304)$ (9,953,669)$ (4,326,125)$ FY 25-26 FY26-27 FY27-28 FY28-29 FY29-30
$ 26,930,101 $ 2,453,196 $ (14,417,304) $ (9,953,669) $ (4,326,125) 29,626,905$ 22,175,000$ 1,000,000$ -$ -$ 48,475,780.05$ 49,677,913$ (2,696,804)$ (19,721,804)$ (15,417,304)$ (9,953,669)$ (4,326,125)$ NOTES:
Fiscal Year 2025/2026 Pass Zone 5-Year Transportation Improvement Program Cherry Valley Boulevard Interchange
17-PS-BAN-119119-PS-BEA-120419-PS-CAL-1205City of BanningCity of BeaumontCity of Calimesa06-PS-BAN-120616-PS-CAL-1189 Potrero Boulevard Interchange (Phase II)County Line Road Interchange Fiscal Year
** Phase: planning=PLN, engineering=ENG, right-of-way=ROW,construction=CON.
Forecast RevenuesCarryover Revenues (As of 4/4/23)Available Revenues No Agreement
3/25/20255/30/2024
8/8/2024
N/A
Programmed/Expenditures
Highland Springs Avenue InterchangeSun Lakes Blvd Extension (Highland Home to Sunset Ave) 38,423,000$
$32,516,000
$30,502,000$29,561,000$32,698,000$59,773,000
Cherry Valley Interchange & Highland Springs Interchange funding shown above from part of Beaumont Settlement.
Funded
Programm
ed
Cities of Banning and Beaumont20-PS-CAL-1208 Singleton Rd/I-10 Interchange Summary Table
Fiscal Year
5-Year Total
Available
Forecast/Cash
5-Year Total
Programmed
No AgreementN/A
Total Funded Carryover Balance does not reflect actual available cash.
Carryover
Balance
Pass Zone ITS
WRCOG
Available
Revenues
1/16/2025
https://wrcog.sharepoint.com/sites/SharedData/Documents/Programs/Transportation/TUMF/Annual TIPs - Projects and Invoices/2025 TIP Update/Pass Zone/2025 Pass Zone 5-Year TIP - Brian.xlsx 1 616
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Acting City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: September 9, 2025
SUBJECT: Update on the Planned Community Garden in the City Owned Lot in the Vicinity of 22nd Street and Adams Avenue
RECOMMENDATION:
That the City Council receive and file the report.
BACKGROUND:
An update on the Community Garden was requested by Mayor Flynn. The staff affiliated with this project are no longer working for the city so there was a delay in putting the update together.
The City Council of the City of Banning adopted Resolution 2023-14 at their regularly scheduled meeting of the City Council on January 24, 2023 authorizing the City Manager to execute a lease agreement with the Banning Chamber of Commerce to lease the property located at 300 East Adams street in Banning to develop and maintain a community garden. The agreement was executed on March 20, 2024.
Since the execution of the agreement, the Chamber of Commerce has reorganized and under their new leadership, the development of the community garden is no longer in line with their goals and mission and requested. The Banning Chamber of Commerce has requested to terminate the lease for convenience as allowed in the lease agreement in section 10 with a 90 day notice. They have not made any improvements to the lot.
When the Chamber of Commerce informed staff that they were not able to move forward with the Community Garden project at the 22nd Street and Adams Avenue location, staff inquired with the Banning Blue Zones Project to see if this was something they might be willing to Champion.
Blue Zones Project Banning is very interested in championing efforts to provide and make more readily available healthy foods and healthier environments in the Banning Community. This will be one of their adopted goals when their work plan is officially released in the upcoming few months. However, Blue Zones project believes the location site that was leased to the Chamber was too large a site to properly develop and manage, at least at this time. They are looking to partner with churches and non-profits to develop micro community gardens throughout the community. These smaller community gardens will be easier to manage and can be spread out and easily accessible to nearby community members. The Blue Zones project is hoping to have an update on their first micro community garden site in the next month or so.
Additionally, the Blue Zones project is working on bringing other healthy opportunities to the community.
Blue Zones is partnering with a certified farmer's market operator to bring a weekly farmer's market to Banning. In collaboration with this operator, city staff have looked at various sites to host this farmer's market and the operator has decided on hosting a weekly farmer's market on Thursday evening in the 617
Community Center parking lot beginning in the early fall.
The City has also recently been contacted by Supervisor Gutierrez' office as they are collaborating with Bienstar is Well Being, a non-profit that will be bringing a monthly produce distribution to Banning beginning in September. This would be a drive through free produce distribution open to Banning residents. The non profit is attempting to start in September and is also looking at the Banning Community Center Parking lot as the site for this distribution and we are hoping to have details very soon.
The goal of establishing micro community gardens throughout the City of Banning in addition to a weekly farmer's market and a free monthly produce distribution will go a long way to providing healthy produce options to all of Banning.
JUSTIFICATION:
The Banning Chamber of Commerce is no longer able to or interested in developing a community garden.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
ALTERNATIVES:
None provided.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. COB &COC_Community Garden Lease_4.20.24.pdf
2. Resolution 2022-82 - desire to create long term Comm Garden.pdf
3. Resolution 2023-14 - approving lease agreement with Chamber for Community [email protected] 618
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CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Acting City Manager
PREPARED BY: John Pinkney, Interim City Attorney
MEETING DATE: September 9, 2025
SUBJECT: Appointment of Arturo Vela as the Interim City Manager and Approval of Employment Agreement with Mr. Vela to serve as the City’s Interim City Manager with an annual salary of $297,100 and other compensation items that are consistent with those currently provided to Directors including, but not limited to vacation leave, sick leave, holidays, management paid leave, CalPERS retirement, health and welfare benefits, and automobile allowance
RECOMMENDATION:
Appoint Arturo Vela to the position of Interim City Manager and Approve the terms and conditions of the Employment Agreement with Mr. Vela to serve as the City’s Interim City Manager BACKGROUND:
On July 10, 2025, the City Council appointed Mr. Vela to serve as the Acting City Manager. During the regular meeting, on August 26, 2025, the City Council engaged in labor negotiations related to the Acting City Manager position, discussed the terms and conditions for the position and directed your City Attorney to return with a proposed employment agreement that specifies the terms and conditions of Mr.
Vela’s employment as Interim City Manager.
The Agreement is an at will agreement for the position of Interim City Manager that will end upon the appointment of a permanent City Manager or by invoking one of the termination provisions found in Section VII of the attached Agreement. The agreement provides, in summary, for an annual salary of $297,100 and other compensation items that Mr. Vela currently receives as a Director including, but not limited to, vacation leave, sick leave, holidays, management paid leave, CalPERS retirement, health and welfare benefits and automobile allowance. The agreement allows Mr. Vela the right to return to his previous position should the City Council elect to terminate the Interim employment agreement.
The terms and conditions are consistent with the terms and conditions that are commonly included in executive level employment agreements. The annual compensation reflects a 5% increase from the annual compensation Mr. Vela would receive as the Public Works Director.
JUSTIFICATION:
Given the enhanced turnover in various key positions in the City of Banning, the appointment of a longterm Banning employee and resident to serve as the Interim City Manager provides the much-needed stability and continuity that the City needs.
FISCAL IMPACT:
675
The salary increase is $14,147 or (5%), which will be offset by the savings in the vacant Public Works Director position. The fiscal impact may be less if the contract terminates prior to the one-year mark.
ALTERNATIVES:
1. Not approve the contract.
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
1. 9-9-25 Banning CM PE Form (final) as Attachment.pdf
2. Final.Banning.ICM.docx
676
EXHIBIT A
City Manager Performance Evaluation
City of Banning
Evaluation period: _______________ to _______________
______________________________ Governing Body Member’s Name Each member of the governing body should complete this evaluation form, sign it in the space below and return it to ____________________________________. The deadline for submitting this performance evaluation is __________________________.
Evaluations will be summarized and included on the agenda for discussion at the Closed Session on ____________________________.
____________________________________ Mayor’s Signature
____________________________________ Date
____________________________________ Governing Body Member’s Signature ____________________________________ Date Submitted
677
INSTRUCTIONS
This evaluation form contains twelve categories of evaluation criteria. Each category contains a statement to describe a behavior standard in that category. For each statement, use the following scale to indicate your rating of the city manager’s performance.
5 = Excellent (almost always exceeds the performance standard) 4 = Above average (generally exceeds the performance standard) 3 = Average (generally meets the performance standard)
2 = Below average (usually does not meet the performance standard) 1 = Poor (rarely meets the performance standard)
Any item left blank will be interpreted as a score of “3 = Average” This evaluation form also contains a provision for entering narrative comments, including an opportunity to enter responses to specific questions and an opportunity to list any comments you believe appropriate and pertinent to the rating period. Please write legibly.
Leave all pages of this evaluation form attached. Initial each page. Sign and date the cover page. On the date space of the cover page, enter the date the evaluation form was submitted. All evaluations presented prior to the deadline identified on the cover page will be summarized into a performance evaluation to be presented by the governing body to the city manager as part of the agenda for the meeting indicated on the cover page. 678
PERFORMANCE CATEGORY SCORING
1. INDIVIDUAL CHARACTERISTICS
_____ Diligent and thorough in problem-solving and the discharge of duties, a “self-starter”, takes ownership of important issues
_____ Exercises good judgment
_____ Displays enthusiasm, cooperation, and willingness to adapt _____ Mental and physical stamina appropriate for the position _____ Exhibits composure, appearance and attitude appropriate for executive position Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category
2. PROFESSIONAL SKILLS AND STATUS
_____ Maintains knowledge of current developments affecting the practice of local government management
_____ Demonstrates a capacity for innovation and creativity _____ Anticipates and analyzes problems and proposes effective approaches for solving them _____ Willing to consider new ideas proposed by Council members and/or staff _____ Sets a professional example by handling affairs of the public office in a fair and impartial manner
Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category
3. RELATIONS WITH ELECTED MEMBERS OF THE GOVERNING BODY _____ Carries out directives of the body as a whole as opposed to those of any one member or minority group
_____ Sets Council meeting agendas that reflect the guidance and purview of the governing body and avoids unnecessary involvement in administrative actions _____ Disseminates and facilitates complete and accurate information equally to all members in a timely manner
_____ Assists by facilitating decision making without usurping Council authority _____ Responds well to requests, advice, and constructive feedback 679
Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category
4. POLICY FACILITATION
_____ Helps Council develop a short and long-term policy agenda _____ Acts as neutral party to assist in resolving policy disputes _____ Demonstrates skill in mediation, consensus-building and negotiating techniques _____ Understands the inter-relationship between the Council and appointed staff in facilitating policy decisions
_____ Understands and respects how group dynamics in the community can influence policymaking Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category
5. POLICY RECOMMENDATIONS and EXECUTION
_____ Implements governing body actions in accordance with the intent of Council _____ Supports the actions of the governing body after a decision has been reached, both inside and outside the organization
_____ Understands, supports, and enforces local government’s laws, policies, and ordinances _____ Reviews ordinance and policy directives periodically to suggest improvements to their effectiveness before they become a problem
_____ Offers workable alternatives to the governing body for changes in law or policy when an existing policy or ordinance is no longer practical
Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category
6. REPORTING AND COMMUNICATING TO COUNCIL
_____ Provides regular and timely information and reports to the governing body concerning matters of importance to the local government, using the City Charter and Code as a guide
_____ Responds in a timely manner to requests from the governing body for special reports _____ Takes the initiative to provide information, advice, and recommendations to the governing body on matters that are non-routine and not administrative in nature _____ Reports produced by the manager are accurate, comprehensive, concise and written to their intended audience to facilitate understanding of issues and decisions 680
_____ Produces and handles reports in a way to convey the message that affairs of the organization are open to public scrutiny
Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category
7. CITIZEN RELATIONS
_____ Responsive to requests from citizens
_____ Demonstrates a dedication to service to the community and its citizens _____ Maintains a nonpartisan approach in dealing with the news media _____ Meets with and listens to members of the community to discuss their concerns and strives to understand their interests
_____ Gives an appropriate effort to maintain citizen satisfaction with City services Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category
8. STAFFING
_____ Ensures the timely recruiting and retaining of competent staff throughout the City _____ Applies an appropriate level of supervision to improve any areas of substandard performance or crises
_____ Stays accurately informed and in-tune with employee relations, morale and capacity to address important issues
_____ Professionally manages the compensation and benefits plan _____ Promotes training and development opportunities and the worth of public service for employees at all levels of the organization
Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category
9. SUPERVISION
_____ Encourages heads of departments to make decisions within their jurisdictions with minimal city manager involvement; yet, maintains general control of operations by providing the right amount of two-way communication and direction to staff _____ Instills confidence and promotes initiative in subordinates through supportive rather than overly restrictive controls for the programs that have earned it, while still monitoring operations at the department level where there are concerns. 681
_____ Develops and maintains a friendly and informal relationship with the staff and work force in general, yet maintains the professional dignity of the City Manager’s office _____ Sustains or improves staff performance by evaluating the performance of staff members at least annually, setting goals and objectives for them, periodically assessing their progress, and providing appropriate feedback
_____ Facilitates teamwork, innovation, and effective problem-solving among the staff members Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category
10. FISCAL MANAGEMENT
_____ Prepares a balanced budget (ongoing revenues equal expenditures) to provide services at a level directed by Council
_____ Makes the best possible use of available funds, conscious of the need to operate the City efficiently and effectively
_____ Prepares and communicates a budget and recommendations in an intelligent and accessible format that ensures the Council’s understanding of the City’s fiscal position and level of services
_____ Ensures actions and decisions reflect an appropriate level of understanding and responsibility for financial planning and accountability _____ Appropriately monitors and manages fiscal activities of the City Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category
11. COMMUNITY
_____ Shares responsibility for addressing the difficult issues facing the community _____ Avoids unnecessary controversy
_____ Cooperates and collaborates with neighboring communities and the County _____ Helps the Council anticipate and address future community needs and develop adequate plans to address long-term trends before they become a near-term crisis _____ Cooperates with other regional, state and federal government agencies Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category 682
12. LEADERSHIP
_____ Takes ownership in problems and works closely with staff to propose and execute timely solutions
_____ Encourages and supports staff initiative, innovation and problem-solving _____ Solicits open and transparent updates from staff and shows willingness to provide guidance on important issues while accepting accountability for their work _____ Accepts responsibility for the work of staff and pursues continuous improvement _____ Conceptualizes an ideal future state for the City and communicates it to the organization, Council and community
Add the values from above and enter the subtotal _____ ÷ 5 = _____ score for this category 683
NARRATIVE EVALUATION
What would you identify as the manager’s strength(s), expressed in terms of the principal results achieved during the rating period?
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ What performance area(s) would you identify as most critical for improvement? ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 684
What constructive suggestions or assistance can you offer the manager to enhance performance?
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ What other comments do you have for the manager; e.g., priorities, expectations, goals or objectives for the new rating period?
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 685
INTERIM CITY MANAGER EMPLOYMENT AGREEMENT
BETWEEN CITY OF BANNING AND ART VELA
THIS EMPLOYMENT AGREEMENT ("Agreement") is entered into as of the 10th day of July 2025 between the City of Banning, a general law city and municipal corporation (the "City") and Art Vela ("Employee"), who are collectively referred to as the “Parties”. The above-named Parties hereby mutually agree as follows:
I. TERM.
City hereby employs Employee as the City’s Interim City Manager commencing July 10, 2025 ("Commencement Date"), and continuing on a month-to-month basis or until City appoints a permanent City Manager, whichever occurs first, unless sooner terminated pursuant to Section VII of this Agreement ("Term"). The Parties may also extend this agreement for an additional period of time with the express and signed written consent of the City Council and Employee.
Notwithstanding anything herein to the contrary, it is understood and agreed by the Parties that Employee holds the position as Interim City Manager at the pleasure of the Banning City Council (“Council”).
II. SALARY.
Base Salary. Employee's Salary shall be based on an annual salary level of $297,100 per year during the period in which Employee serves as Interim City Manager, less payroll taxes and other legally required deductions. All other compensation items will remain consistent with those currently provided to Directors. Employee’s Base Salary will be paid pursuant to the same procedures established for management employees as they may be amended by City from time to time.
III. DUTIES.
Employee shall perform the duties of the City’s Interim City Manager as prescribed by City’s job descriptions and classifications for such positions. In addition, Employee shall have such powers and duties that are delegated to him by California law and City ordinances. Employee shall execute all powers and duties in accordance with City's policies, including policies hereafter adopted by the City Council.
Employee shall be employed full-time and shall maintain a normal business schedule and remain accessible. It is understood that Employee, as Interim City Manager, shall be available 24 hours a day and 7 days a week, within reason given vacation, sick leave, and other personal needs and is required to meet all the needs of the City regardless of City’s operating hours or any regular or normal work schedule. Employee duties will likely involve working hours in excess of eight (8) hours per day and forty (40) hours per week including, but not limited to, attendance at board meetings and outside meetings. Employee shall be exempt from overtime compensation.
Employee shall do and perform all services, acts, or things necessary or advisable to manage and 686
conduct the business of City, including the hiring, discipline and firing of all employees, subject at all times to the policies and resolutions established by the City Council.
IV. EMPLOYEE RESPONSIBILITIES.
Employee shall be the Interim City Manager and chief executive officer of the City. As such, Employee shall have the responsibility for implementing City policies, whereas the City Council shall retain the primary responsibility for formulating and sole responsibility for adopting said policy.
To assist Employee in understanding City Council expectations, the attached City Manager Performance Evaluation form is attached for Employee and City Council’s review and reference.
V. EXCLUSIVE EMPLOYMENT.
Employee shall devote his full time, energy, and efforts to the position of Interim City Manager.
VI. EVALUATION.
Employee shall meet with the City Council in closed session periodically and as requested by the Council or Employee to discuss mutual needs informally or formally for success. A review of Employee's performance by the Council may take place during a closed session related to the evaluation of Employee. The Council and Employee agree that by October 14, 2025, they shall meet to discuss whether there is mutual interest in continuing this Agreement or terminating it.
VII. TERMINATION.
Employee shall serve as an “at will” employee at the will and pleasure of the City Council and may be removed from office (terminated) at any time for any reason, with or without cause from the Interim City Manager position upon a majority vote of the City Council (at least three votes). If this occurs, Employee will be allowed to return to his former position as Director of Public Works. Nothing in this Agreement shall prevent the City Council from terminating this Agreement and the services of Employee at its sole discretion. Employee understands and agrees that Employee may not avail himself of any procedures, provisions or protections set forth under any City of Banning employment policy in so far as such policy would limit, restrict, modify, prohibit or regulate Employee’s status as an “at will” employee of City or the ability of the City Council to terminate Employee’s employment at any time for cause or for convenience and without cause. Employee shall not be entitled to any pre-termination notice or hearing or other similar proceeding or appeal proceeding as a precondition to any decision or action by the City Council to terminate Employee’s employment whether for cause or for convenience and without cause.
Nothing in this Agreement shall confer upon Employee any right to any property interest in continued employment with City.
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Termination or Removal without cause. In the event Employee is terminated or removed as Interim City Manager without cause, Employee shall return to the position of Director of Public Work in the City of Banning. Employee shall not be entitled to any severance payment.
Termination for Cause. Termination shall be for "cause" if Employee: (i) is convicted of a felony; (ii) is convicted of a misdemeanor arising out of his duties as a City employee or that in any way reflects negatively on the reputation of the City; (iii) has repeated and/or protracted unapproved absences that impairs the performance and expectations outlined elsewhere in this document; (iv) engages in the willful or insubordinate refusal to carry out a lawful directive of the City Council; (v) willfully engages in actions or omissions that are detrimental to employees or public safety; (vi) violates lawful City policy; (vii) acts in bad faith to the detriment of the City; (viii) exhibits misconduct or dishonesty in regard to his employment; or (ix) willfully neglects Employee’s duties.
Resignation. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time from his position with City. In the event Employee resigns, Employee shall not receive any Severance Pay. Employee shall provide a 30-day notice of resignation and will be allowed to return to his position as Director of Public Works.
Expiration of Agreement. Upon the expiration of this Agreement, Employee will return to the position of Director of Public Works at a salary and benefit level equivalent to the salary and benefit level Employee would have received from City in if he remained in his role as Director of Public Works.
Termination Upon Death or Permanent Disability. Except as required by law, all benefits and any other rights of Employee shall be terminated by the death or permanent disability of Employee despite the amount of time remaining in the Term. For purposes of this Agreement, permanent disability is defined as Employee being incapable of performing his essential duties to City by reason of any medically determined physical or mental impairment that can be expected to last for a period of more than three consecutive months from the first date of Employee’s absence due to disability. City will give Employee at least two weeks’ written notice of termination due to such disability.
VIII. FRINGE BENEFITS.
Time Off. Employee shall be provided with paid time off as follows:
(i) Vacation. Employee shall accrue paid vacation at the same rate and in the same manner as he most recently received prior to serving as Interim City Manager. (ii) Sick Leave. Employee shall accrue and be given sick leave on the same terms such leave was most recently provided to him in his position as Director of Public Works. (iii) Holidays. Employee shall be entitled to the same paid holidays per calendar year, as other City employees in accordance with the annual holiday schedule of City. 688
(iv) Management Paid Leave (MPL): Employee shall accrue and be given MPL leave on the same terms such leave was most recently provided to him in his position as Director of Public Works
CalPERS. City shall provide retirement benefits in compliance with California law and its contract with CalPERS on the same terms and conditions as provided to him in his position as Director of Public Works.
Health and Welfare Benefits. In addition to his regular compensation, Employee shall receive the same medical, life, dental, vision, and other health and welfare benefits as are provided to, and on the same terms and conditions as, as provided to him in his position as Director of Public Works.
Automobile Allowance. In lieu of a city vehicle, City will provide Employee with an automobile allowance of $250/month while he serves in the role as Interim City Manager. City shall have no obligation to reimburse Employee for mileage, repair, maintenance, or vehicle replacement costs. Employee shall be responsible for providing all insurance for his vehicle and shall bear all costs associated with operating said vehicle.
IX. EXPENSES AND INDEMNIFICATION.
Expenses. City shall pay or reimburse Employee for all normal and customary expenses for City business, travel, and meetings. When reimbursing for expenses incurred, City requires the submission of adequate proof of the expenses, such as a receipt, and some expenses may require prior approval of the City Council. The reimbursement of expenses shall be subject to City’s expense reimbursement policy.
Professional Development.
(i) City agrees to budget for and pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions which the City Council determines are appropriate to the continued professional development of Employee and to adequately pursue necessary official and other functions for City, including but not limited to national, regional, state and local government groups and committees thereof which Employee serves as a member. (ii) City agrees to budget and to pay for the professional dues and subscriptions of Employee for his continuation and full participation in national, regional, state, and local associations and organizations which benefits the City and his continued professional participation and growth.
(iii) The Employee shall provide, at the time of his annual evaluation, a summary of those conferences, meetings, functions, and professional organizations and related costs estimates that are allowable and encouraged under this section to seek concurrence from the City Council.
Indemnification. To the extent permitted by law, City shall indemnify Employee against all necessary expenditures and losses incurred by Employee in direct consequence of the lawful discharge of his duties, in accordance with Labor Code section 2802. In addition, to the extent 689
permitted by law, City shall defend and indemnify Employee against any civil action, proceeding, or claim, in accordance with Government Code section 995, et seq.
X. GENERAL PROVISIONS.
This Agreement supersedes any and all other agreements, either oral or written, between the parties hereto with respect to the employment of the Employee by the City and contains all of the covenants and agreements between the parties with respect to the employment of Employee by the City.
Employee agrees that he will abide with all applicable local, State and Federal laws, rules and regulations related to conflicts of interest and receipts of gifts.
Each party agrees and acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein and that any agreement, statement, or promise not contained in this Agreement shall not be valid or binding on either party.
Any modifications of this Agreement will be effective only if made in writing and signed by both Employee and the City.
If any provision, sentence, or term of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions, sentences and terms shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
If Employee dies or becomes incapacitated during the Term of this Agreement, any accrued and unpaid wages provided by the terms of this Agreement shall be paid to Employee’s estate.
The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties, and this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this Agreement, and, therefore, no presumption for or against validity or as to any interpretation thereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.
Each party to this Agreement warrants to each other party that each party had the assistance of counsel in negotiation for, the preparation of, this Agreement, or could have had such assistance and voluntarily declined to obtain the same, and that each party has lawfully executed this Agreement.
This Agreement is entered into and to be performed in Riverside County and shall be governed by and construed in accordance with the laws of the State of California, with venue in Riverside County.
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Statutory Obligations: Abuse of Office or Position.
Notwithstanding anything in this Agreement to the contrary, pursuant to California Government Code Section 53243, 53243.1 and 53243.2, if Employee is convicted of a crime involving abuse of Employee’s official position, all of the following shall apply: (1) if Employee is provided with an administrative leave pay pending an investigation, Employee shall be required to fully reimburse such amounts paid by City; (2) if City pays for the criminal legal defense of Employee (which would be in the City Council’s sole discretion, as City is generally not obligated to pay for a criminal defense), Employee shall be required to fully reimburse such amounts paid by City; (3) if this Agreement is terminated, any cash settlement related to the termination of Employee by City, shall be fully reimbursed to City or shall be void if not yet paid to Employee.
For this section, abuse of office or position means either (1) an abuse of public authority, including waste, fraud, or violation of the law under color of authority; or (2) a crime against public justice, including a crime described in Title 7 commencing with Section 92 of the Penal Code.
IN WITNESS WHEREOF, the parties have executed this Agreement on the ___day of September 2025.
City of Banning
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BY: Sheri Flynn as Mayor
EMPLOYEE
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By: Art Vela
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Sandra Calderon
Attested by Acting Administrative
City Clerk
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