1 MINUTES
CITY COUNCIL - REGULAR MEETING
CITY OF BANNING, CALIFORNIA
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.
September 9, 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: John O. Pinkney, City Attorney
Arturo Vela, Acting City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Acting Administrative City Clerk
1. CALL TO ORDER – 5:28 p.m.
1.1 INVOCATION
Performed by Reverend Preston Norman of Praise Tabernacle 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
A motion to approve the agenda was made by Councilmember Wallace, seconded by Mayor Flynn.
Motion carried unanimously 5-0.
3. PRESENTATIONS
2 4. REPORT ON CLOSED SESSION
John Pinkney, City Attorney
Report was provided after close session meeting.
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS
5.1 PUBLIC COMMENTS
Mayor Flynn opened public comments.
Bill Hobbs Opposed the Sunset Crossroads warehouse project. Concern about traffic and impacts on seniors in Sun Lakes and Serrano del Vista communities.
Noted promotional texts and Tv ads pushing support for the project. He supports the road connection for emergency access but not warehouses.
Howard Katz Concerned the City Treasurer lacks full access to city bank accounts and records. Noted treasurer has access to only 2 of 5 accounts and cannot sign checks. Cited City Code 2.12.070, stating this violates the treasurer’s duties under municipal law.
Stuart Mckenzie Noted that September 9th marks California’s admission to the Union in 1850. Wished California a happy birthday and expressed pride in the state.
Dorrie Gartzke Electric bills remain outdated and difficult to verify. She urged the City to prioritize fixing billing issues before starting new projects and stated dissatisfaction with the City of Banning’s handling of the matter.
Inge Schuler Opposed the Sunset Crossroads warehouse project, citing issues with the EIR’s incomplete sections. Compared promises made during the Sketchers warehouse project (jobs and revenue) to actual outcomes, questioning benefits to the city. Noted empty warehouses between Redlands and Banning, suggesting the project is unnecessary and urged rejection of the project.
Gerry Phelps Urged residents to attend the Planning Commission meeting the next night regarding general plan and rezoning proposals. Noted similarities to the past Banning Point project and emphasized importance of community involvement early in the process. Encouraged attendance regardless of position on the Sunset Crossroads project.
Oleg Ivaschuk Stressed importance of city appearance: suggested stricter upkeep of vacant storefronts along Ramsey Street to improve first impressions.
Noted concerns that permit/business setup seem harder in Banning compared to nearby cities; urged review of processes. Stated general support for warehouses as revenue sources, though agreed they should not be placed near health care facilities.
Mayor Flynn closed public comments.
5.2 CORRESPONDENCE
Letters in support of and opposition of the Sunset Crossroads project have been received and will be shared with the Planning Commission for the upcoming meeting.
5.3 APPOINTMENTS
None
3 5.4 CITY COUNCIL COMMITTEE REPORTS
Councilmember Wallace SCAG Transportation Committee: Discussed safety and first phase of the Los Angeles Las Vegas San Francisco high speed rail (2025). RCA Workshop in Temecula:
Addressed zoning and land acquisition for wildlife habitat, emphasizing balancing city development and habitat preservation. Division Meeting in Murrieta/Hot Springs: Received updates from the Battalion Fire Chief on AB 337, AB 346, and AB 79 related to transit and safety regulations.
Councilmember Barrington reported volunteering at the Stagecoach Rodeo over the past weekend. Noted good attendance at the event and thanked the community for participating.
Councilmember Miller RTA Meeting: Discussed free bus rides or ages 18 and under and routes connecting Banning to Moreno Valley, Riverside and MSJ College. TNOW meeting: Working on early morning transit route from Banning to the desert area to support workers. County Collaboration: Exploring funding for the Banning-Cabazon bus route through the county.
Mayor Flynn WRCOG: Provided update on TUMF program: $1.3B collected since 2003; $1.2B reimbursed to transportation infrastructure projects. FY 24-25: $76M collected (86% residential, 7% industrial, 7% commercial); $33M reimbursed. Project completed include Sunset overpass (2019) and contributions to Sun Lakes Extension Project (̴$30M). Upcoming Events: Sate of the City (Beaumont), RTC meeting, Mobility Summit in Anaheim (regional transportation study). Joint meeting on Sept. 17 with City of Beaumont and Riverside County Animal Shelter regarding shelter renovations; Morongo offered up to $1M, estimated costs $300K-500K.
5.5 ANNOUNCEMENTS OF CITY COUNCIL MEMBERS
Councilmember Wallace Town Hall Meeting: September 27 at 4 p.m. at Roosevelt Williams Park; guest speaker Police Chief Avila.
Councilmember Barrington Will attend State of the City in Beaumont tomorrow.
Councilmember Miller Town Hall meeting September 20 at Banning Senior Center; guest speaker Acting City Manager, Art Vela.
5.6 CITY TREASURER'S REPORT
Sue Savage Access and Transparency: Treasurer has online access to only 2 of 5 city bank accounts; limited or no access to others, including LAIF, HCN Bank, and Bank of America (airport account). Raised concern about ability to safeguard city funds.
Spending and Overspending: Reported overspending of $50M over four years; $25M in a single year; July-August recent overspending of $28M. Warned of continuing trend where expenses exceed income.
Bond and Commitments: Nearly $96M in bonds issued for city projects (Water, Wastewater, Electric, Fair Oaks Ranch, successor Agency). Some bond payments appear off-schedule, raising concerns.
Balances and Future Outlook: Total city funds decreased from $30.8M to $13.2M over six months; cautioned that funds may not cover next six months’ expenses.
She emphasized importance of trust and transparency in managing city finances and called for corrective action to prevent shortfalls and noted that a timeline regarding treasurer access contradicts check-signing authority for certain accounts.
5.7 CITY MANAGER'S REPORT
Art Vela Utility Billing: Addressed ongoing billing delays; additional staff trained and working with Central Square for programming solutions. Consumption data exists, but manual processes delay billing. April billing is expected to be completed by end of the week.
Public works Success: City removed from Canyon Lake/Lake Elsinore TMDL regulatory program as a minor contributor, reducing costs and workload.
4 Animal Shelter: RFP for assessment is out; bids are due in the first week of October to evaluate building improvements. Financial Reports & Transparency: Clarified Wells Fargo and other accounts details; big statements provided even if online access is limited. Fiscal year budgeting explained to contextualize reported overspending.
Bonds & Balances: Bonds are highly regulated, and payments are made as required. Account balances fluctuate seasonally; six-month snapshot does not represent full fiscal year.
Staffing & Fiscal Challenges: Noted vacancies in fiancé positions (Deputy Director, Finance Director, Finance Manger) and ongoing efforts to resolve Banning Electric Utility financial issues.
Cash Flow & Fund Balances: Reiterated city has sufficient funds to cover bills for the next six months; negative fund balances are being addressed.
5.8 CITY ATTORNEY'S REPORT
John Pinkney Clarified that the Treasurer’s statements represent personal opinions and were not vetted or approved by city staff or Council. City Council has retained a consulting team to assess the city’s financial position and develop a stainable plan. Corrected the Treasurer’s interpretation of Government Code Section 53607: Councils are not required to delegate sole investment authority to the treasurer. Banning’s policy includes checks, balances, and adherence to lawful investments; prohibits high-risk investments (e.g., cryptocurrency). Staff support and licensed investment advisors are utilized; approach aligns with standard practices in California general law cities.
6. INTERVIEWS AND SELECTION OF EXECUTIVE RECRUITER FOR CITY MANAGER RECRUITMENT WITH FINALIST FIRMS, RALPH ANDERSEN & ASSOC. AND PECKHAM & MCKENNEY
6.1 Interviews and Selection of Executive Recruiter for City Manager with Finalist Firms Ralph Anderson & Associates and Peckham & McKenney
Bob Deis Council will interview and select a preferred executive recruitment firm for the City Manager search; two finalist firms.
Peckham & McKinney and Ralph Anderson & Associates presented their qualifications for executive recruitment. Each firm highlighted experience placing city managers and their recruitment process.
Council Discussion:
Importance of avoiding repeated turnover though proper vetting. Preference expressed for Peckham and McKinney due to broader candidate network and LA area connections.
Internal candidate encouraged to apply and evaluated alongside external applicants.
Recruitment timeline estimated at 12-16 weeks, with potential acceleration for strong candidates.
Mayor Flynn opened public comments
Frank Connelly recommended that firms not have previous connections to the former City Manager or his prior city. Stressed that candidates should have strong personal financial backgrounds (no foreclosures or bankruptcies). Suggested consideration of internal candidate for the City Manager position.
Rita Chapparosa Advocated for hiring internal candidate to save costs. Emphasized importance of ta thorough candidate background check, citing past recruitment issues, and suggested possibly involving members of the public in an interview board for high-level positions.
Mayor Flynn closed public comments
Discussion: Clarified that current City Manager is not retiring. Supported using an outside recruiter for a thorough search, while allowing internal candidate, Art to apply. Expressed concern about localized recruiting networks and potential nepotism with Ralph Anderson & Associates. Preferred 5 Peckham & McKinney for broader regional contacts and presentation quality.
A motion to select Peckham & McKinney as the executive recruitment firm for City Manager search was made by Mayor Flynn, seconded by Mayor Pro Tem Royce. Motion carried unanimously 5-0.
7. CONSENT ITEMS
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.
7.1 Approval of the meeting minutes for the August 26, 2025 City Council meetings.
7.2 Receive and File Cash and Investments Report for the Month of June 2025.
7.3 Receive and File Cash and Investments Report for the Month of July 2025.
7.4 Receive and File the FY 2024/2025 Health and Safety Code (HSC) 13146.4 Annual Inspection Report of Certain Occupancies Pursuant to Sections HSC 13146.2 and 13146.3.
7.5 Accept as Complete Various Improvements Related to the Atwell Specific Plan Development and Authorize 90% Reduction of the Improvement Bonds.
7.6 Remove from the Table and Approve the Receipt and File of (1) the Receipts, Disbursements, and Fund Balances Reporting for Fiscal Year 2024/2025, Periods 5-6, November and December 2024, (2) Accounts Payable and Payroll Warrants Issued in the Month of February 2025, and (3) Cash and Investments Report for the Month of February 2025.
7.7 Consideration of Resolution 2025- 121, Amending the Classification & Compensation Plan for the City of Banning Related to the Finance Director and Human Resources Director Positions.
7.8 Consideration of Resolution 2025-124, Approving Amendment No. 4 to the Professional Services Agreement with Engineering Resources of Southern California for an additional $500,000 for Plan Check, Inspections and Related Administrative Services.
7.9 Consideration of Resolution 2025- 126, Awarding a Construction Contract for Project No. 2023-06W Lions Park Non-Potable Water Conversion Project, to Superb Engineering, Inc. in the amount of $920,672.10 and approving a 10% contingency for a total budget of “Notto-Exceed” $1,012,739.31.
7.10 Consideration of Resolution 2025-127, Approving and Setting Forth Cannabis Retail Tax Delinquency Penalties and Interest Pursuant to Banning Municipal Code Chapter 3.15.
7.11 Consideration of Resolution 2025- 128, A Resolution of the City Council of the City of Banning, California, reprogramming approved Community Development Block Grant Funds in the amount of $237,405.93 from FY 2019-20 - Repplier Park Rehabilitation and improvement project ($82,236.13) and FY 2020-21 - Roosevelt Williams Park Project ($20,400) and FY 2020-21Sylvan Park Improvement Project ($134,769.80) To Lion's Park Project #2 ($237,405.93).
7.12 Consideration of Resolution 2025- 129, Approving an Agreement in the Amount of $30,000 Per Year with Duke's Root Control, Inc. of Elgin, IL for the application of Root Control Agents within the Sewer Collections System.
7.13 Consideration of Resolution 2025-130, authorizing the City Manager to execute Amendment No. 2 to the Transportation Uniform Mitigation Fee Program Reimbursement Agreement with Western Riverside Council of Governments for up to $20,000,000 for the Sun Lakes Boulevard Extension Project.
Mayor Flynn pulled items: 7.6, 7.7 and 7.10.
Mayor Flynn opened public comments on items not pulled:
7.1,7.2,7.3,7.4,7.5,7.8,7.9,7.11,7.12,7.13.
No public comments.
Mayor Flynn closed public comments.
6 Motion by Councilmember Wallace to approve the items not pulled.
Seconded by Councilmember Barrington.
Motion carried unanimously 5-0.
Item 7.6 was discussed by staff and Council.
Mayor Flynn questioned specific expenditures: Opportunity Village sound wall (no longer active), replacement refrigerator for Electric Dept. ($1,382), and Wayfair furniture ( ̴$7,100) for 467 E.
Hoffer. House is not currently a transition home, raising questions. Council agreed to refer to city attorney for review due to potential legal issues with the arrangement.
Motion by Mayor Pro Tem to receive and file item 7.6.
Seconded by Mayor Flynn
Motion carried unanimously 5-0.
Item 7.7 was discussed by staff and Council.
Council reviewed pay ranges using median salaries.
Finance Director: $180,348-$243,989; HR Director: $163,387-$221,043.
Small adjustments made due to fixed pay grades.
Mayor Flynn opened public comments.
None
Mayor Flynn closed public comments.
Motion by Mayor Pro Tem Royce to Approve Resolution 2025-121, Amending the Classification & Compensation Plan for the City of Banning Related to the Finance Director and Human Resources Director Positions
Seconded by Councilmember Wallace
Motion carried unanimously 5-0.
Item 7.10 was discussed by staff and Council.
Council reviewed a proposed resolution to establish penalties and interest for late cannabis tax payments.
Late payment structure:
1. Initial late payment: 25% penalty +1% interest if unpaid after 45 days (quarterly payment deadline).
2. Additional late payment: After 30 more days, an extra 50% penalty+1% interest (total 2%).
3. Continued delinquency: 1% interest per month accrues until paid.
Example: for $100 gross receipts, payment after 45 days=$12.60; after 75 days = $17.78.
Resolution aligns with practices in other cities.
Mayor Flynn opened public comments.
Frank Connelly Noted that as a retailer, under the State Board of Equalization, quarterly returns incurred penalties if not filed or paid on time. He emphasizes that penalties for late payment are standard practice.
Sue Savage expressed appreciation for the cannabis tax penalty topic, noting it is an incomegeneration matter for the city.
Mayor Flynn closed public comments.
Motion by Mayor Pro Tem Royce to Approve Resolution 2025-127, Approving and Setting Forth Cannabis Retail Tax Delinquency Penalties and Interest Pursuant to Banning Municipal Code Chapter 3.15
7 Seconded by Councilmember Barrington
Motion carried unanimously 5-0.
8. PUBLIC HEARINGS
None
9. REPORTS OF OFFICERS
9.1 Update on the Planned Community Garden in the City Owned Lot in the Vicinity of 22nd Street and Adams Avenue.
Ralph Wright, Parks & Rec. Director Original project near 22nd St. & Adams Ave. was halted by the Chamber of Commerce after a board reorganization; lease allows termination with 90 days’ notice. Banning Blue Zones: Declined to take on large-scale garden; instead promoting microcommunity gardens in partnership with churches and nonprofits. First projects expected within a month. Parks Department: Exploring a small community garden near the Senior Center.
Updates:
• Farmer’s market planned at the community Center on Thursday evenings (site and schedule pending finalization).
• Monthly fee produce distribution being coordinated with Supervisor Gutierrez’s office and nonprofit N-Star.
Parks and Rec. will continue exploring partnerships and opportunities to increase access to healthy food and gardens in Banning.
Mayor Flynn opened public comments.
Frank Connelly requested an update on the 22nd Street property to clarify its status and limitations, since the original community garden project is no longer moving forward. He suggested exploring alternative uses for the property, including coordinating a farmer’s market or food vendor events similar to previous fairs, which were successful and accessible to the public Sue Savage suggested including Sun Lakes and their Garden Club in the City’s community garden efforts. Noted that Pat Pennington had previously discussed a collaborative garden project between Sun Lakes and the city. Requested the Council and staff consider Sun Lakes as part of future community garden initiatives.
Mayor Flynn closed public comments.
Council Discussion:
Councilmember Barrington: Noted a fenced area at Dysart Park labeled “Sun Lakes Community Garden: that has become overgown.
Councilmember Miller: supported the food truck and farmer’s market idea but cautioned that Blue Zones has guidelines for healthy living, which may limit certain food vendors.
Lease Termination: Chamber has verbally indicated intent to terminate the lease but has not yet provided the required 90-day written notice. Staff will facilitate this.
Action: Item was informational only; no vote or formal action required.
9.2 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 .
Art Vela, Acting City Manager, recused himself on this item. 8 City Attorney, John Pinkney provided the staff report:
• Annual salary: $297,100 (5% increase from Public Works Director position). • Benefits consistent with other Directors: Vacation, Sick Leave, Holidays, management Paid Leave, CalPERS Retirement, Health and Welfare Benefits, and Automobile Allowance. • At-will agreement: Ends upon appointment of permanent City Manager or per termination provisions.
• Right to return to previous position if Interim Agreement ends or another permanent City Manager is appointed.
• Salary increase offset by savings from the vacant Public Works Director position.
Mayor Flynn opened public comments.
Laura Leindecker spoke in support of approving Mr. Vela as Interim City Manager. She also expressed that she would like to see him continue as a permanent City Manager, though she acknowledged that is separate issue.
Mayor Flynn closed public comments.
Motion by Councilmember Wallace to Appoint 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.
Seconded by Mayor Pro Tem Royce.
Motion carried unanimously 5-0.
10. DISCUSSION ITEMS
None
11. ITEMS FOR FUTURE AGENDAS
11.1 NEW ITEMS
1. Streamline Procurement Policy (Flynn)
2. Comp. & Class Salaries (Royce)
3. LMD Alternative Sources (Royce)
11.2 EXISTING ITEMS
1. Update on Community Garden (Flynn)
2. Animal Control Facility Assessment (Flynn)
3. Emergency Preparedness (Barrington)
4. Contractor(s) to do Citywide Cleanup (Flynn)
5. Emergency Preparedness (Barrington)
6. Recruitment for City Manager (Wallace)
7. Review and Update Council Travel Policy (Flynn)
Future Agenda Items:
1. Explore establishing a community garden within the Sun Lakes community.
Items 1,3, and 6 should be removed from the existing list (1 addressed, 3 duplicate, 6 addressed).
Request from Councilmember Miller for policy update on how agenda items are placed.
Request from Councilmember Barrington for comprehensive review of procurement policies including vendor contracts, insurance, and requirements for new businesses. 9 12. ADJOURNMENT
A motion to adjourn the meeting was made by Councilmember Miller, seconded by Mayor Pro Tem Royce.
Motion carried unanimously 5-0, and the meeting was adjourned at 8:08 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/234?view_id=1&redirect=true