1 MINUTES
CITY COUNCIL - REGULAR MEETING
CITY OF BANNING, CALIFORNIA
November 12, 2025 Council Chambers
5:00 p.m. 99 E. Ramsey Street
In Chambers Banning, CA 92220
The following information comprises the minutes for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.
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, Interim City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Acting Deputy City Clerk
1. CALL TO ORDER
5:02 p.m.
2. 1.1 INVOCATION
Performed by Pastor David Kieffer of Our Savior's Lutheran 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
3. AGENDA APPROVAL
2.1 AGENDA APPROVAL
A motion to approve the agenda was made by Council Member Wallace, seconded by Council Member Barrington. Motion carried unanimously 5-0.
2 3. PRESENTATIONS
3.1 Recycling All-Stars Awards
Recommendation: No action required, awards presentation.
Guadalupe Vega and Johnny Russo's Italian Kitchen were recognized by City Council and Waste Management for their recycling efforts.
3.2 Retirement Recognition of Public Works Superintendent Carl Szoyka Recommendation: Recognition for the retirement of Public Works Superintendent Carl Szoyka for nearly 38 years of service with the City of Banning.
Carl Szoyka, Public Works Superintendent, was recognized for 38 years of service dedication and contributions to the City.
3.3 Proclamation Honoring Mrs. Alice Louise Feldt Mandelke Recommendation: Proclaim Wednesday, November 12, 2025 as a day to honor Mrs.
Alice Louise Feldt Mandelke.
A proclamation was read honoring Alice Louise Felt-Mendelke on her 100th birthday, recognizing her lifelong residency and contributions to Banning.
4. REPORT ON CLOSED SESSION
Closed Session report by City Attorney John Pinkney
No reportable action was taken on closed session items 3.1 through 3.5.
3.1 CONFERENCE WITH LABOR NEGOTIATIORS
Pursuant to Government Code Section 54957.6 Agency Designated Representatives: Art Vela, Interim City Manager; David Newell, Community Development Director; Nicole Jews, Human Resources Manager; Employee Organization: Banning Police Officer's Association (BPOA)
3.2 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1) - One Case Two Brothers 14 Corporation v. City of Banning et. al. Riv. Co. Sup. Ct. No. CVR12406468
3.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8. Property: Banning Municipal Airport consisting of approximately 232.41 acres comprised of APNs 541-240 -009; 541-250 -009; 541-140-003; 532-150- 002; 532-150-003; 532-150- 004; 532- 130 -012; 532-130-018; 532-130-011; 532-180- 034. Agency Negotiator: Interim City Manager Art Vela or his designee. Negotiating Parties: City of Banning as potential Lessor and Industrial Enterprises, LLC as potential Lessee. Under Negotiations: Price and Terms of proposed ground lease
3.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8 Property: Vacant land adjacent to Bluff Street consisting of approximately 95 acres within APNs 531-100-008 and 531-110-012 and land consisting of approximately 160 acres with APN 535-080-018. Agency Negotiator: Interim City Manager Art Vela or his designee. Negotiating Parties: City of Banning and Loma Linda University. Under Negotiation:
Price and Terms, including possible land swap of the City’s above 95 acres in exchange for Loma Linda’s above described 160-acre parcel.
3.5 CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION 3 Pursuant to Government Code Section 54956.9(d)(4) – Deciding Whether to Initiate Litigation - One (1) Case.
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND
REPORTS
5.1 PUBLIC COMMENTS
● Julianne Dawkins-Despain and Stephanie Robinson introduced their new business, Farm to Fork Cafe.
• Sue Savage, City Treasurer, expressed concerns about financial transparency and her limited access to city resources.
• Lou Gregory, Banning resident, commended on Carl s work and questioned the accuracy of homelessness statistics.
5.2 CORRESPONDENCE
A letter from Tanisha Taylor was read, expressing concerns about the lack of basic necessities and the presence of homelessness in Banning.
5.3 APPOINTMENTS
None
5.4 CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace
● Reported on attending SCAG meetings and pilot programs, including e-bikes ● Mentioned upcoming grant opportunities through SCAG
Mayor Pro Tem Royce
● Attended the State of the City Address
● Commended the Chamber of Commerce and city staff
Council Member Miller
● Attended a TNOW meeting at Beaumont City Hall to discuss Pennsylvania grade separation and 79 interchange projects
● Attended the Cal City's Riverside County Division general meeting Mayor Flynn
● Attended the City of Hemet State of the City on November 6. ● Attended Rosilicie Ochoa Bogh Town Hall which was held in Beaumont on November 9. ● Attended RCTC today and One of the things that came up is the Highland Springs Interchange project, which is in the pre-construction phase, and it's going to go into final design, and it is estimated to start until 2031 to 2032.
5.5 CITY TREASURER'S REPORT
4 Sue Savage, City Treasurer presented a detailed report covering:
● City Council Finances: Expenses exceeding income for three years, reliance on investment funds.
● Payroll and Staffing: October payroll reached $1.9 million due to three pay periods. ● Banking Landscape: Updates on balances in various Bank of America and HCN Bank accounts. ● Banning Utility Authority: Overview of debt and bonds, highlighting payments due and the Chandler custody account.
● Banning Successor Agency: Cash withdrawals and use of funds to cover expenses. ● Call to action: a call to stewardship
5.6 CITY MANAGER'S REPORT
Art Vela addressed some of the Treasurer's comments:
● Explained the higher payroll expense in October due to three pay periods. ● Clarified that the Fair Oaks bond is paid by residents of that development. ● Discussed the strategic financing plan of issuing bonds for long-term infrastructure. ● Acknowledged the utility billing issue and efforts to catch up, with revenue starting to trickle in. ● Mentioned that the electric rate increase would help expedite the recovery of the Wells Fargo account.
● Announced a coordinated spay and neuter clinic event. ● Announced upcoming community events
5.7 CITY ATTORNEY'S REPORT
The City Attorney stated that City staff, the City Council and the City Attorney’s Office have ensured the Treasurer has access to information necessary to fulfill her statutory duties and has been repeatedly invited to participate in efforts to restore the City’s financial stability. It was noted that the Treasurer has not accepted those invitations, though there is hope she may reconsider.
The City Attorney also clarified that the City has a legal obligation to provide accurate and complete financial information. Until the City’s books are brought current, statements made by the Treasurer do not constitute official City financial statements.
6. CONSENT ITEMS
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.
6.1 Consideration and Approval of the meeting minutes of the April 8, April 18 and October 28, 2025, City Council meetings.
6.2 Receive and File Fire Protective Services Statistics for the Month of October 2025.
6.3 Receive and File Code Enforcement Statistics for the Month of October 2025
6.4 Receive and File Police Department Statistics for the Month of October 2025.
6.5 Receive and File Animal Control Statistics for the Month of October 2025.
6.6 Parks and Recreation Report of Monthly Activities through the 1st Quarter of Fiscal Year 2025/2026 - September 2025.
6.7 Community Cleanup and Compost Giveaway Event Update.
6.8 Issuance of "Tier II Public Notice" due to Exceedance of Hexavalent Chromium Maximum Containment Level.
6.9 Authorize the City Manager to sign the Notice of Completion for Project No. 2022-05, “Ramsey Street and Omar Street Intersection Improvements” as complete and direct the City Clerk to record the Notice of Completion.
5 6.10 Consideration of Ordinance 1613, Adopting Amendments to the Banning Municipal Code, Chapters 8 and 15, to Incorporate the 2025 California Building Standards Codes with Local Amendments and the 2025 California Fire Code with Local Amendments.
6.11 Accept an Easement from Tri Pointe Homes for Electric Utility Purposes on Accessor’s Tract Map No. 37389-3 PA 29 within the Atwell Development for the Maintenance of the City-Owned Electric Distribution System.
6.12 Consideration of Resolution 2025-147, Approving Amendment No. 1 in the Amount of $20,000 for a Total Agreement Amount of $45,000 with Pioneer Americas a Olin Corporation of Atlanta, Georgia for the Purchase of 12.5% Sodium Hypochlorite and Approving an Annual Agreement in the Amount of $45,000 per year for a Total of Five Years.
6.13 Consideration of Resolution 2025-155, Amending the Classification and Compensation Plan Related to two Title Changes.
6.14 Consideration of Resolution 2025-157, Granting of a Non-Exclusive Easement to Rancho San Gorgonio, LLC on Westward Avenue between Scott Street and the Eastern City Limit for Access, Ingress, Egress, and Maintenance Purposes.
6.15 Consideration of Resolution 2025 -158, Approving the First Amendment to the Master Services Agreement (MSA) with Itron, Inc. (Itron) for Software-as-a- Service (SaaS) Agreement for OWCE (Open Way Collection Engine) and ISM (Itron Security Manager).
6.16 Consideration of Resolution 2025-159, Receipt of a One-time Transfer of Funds from the Clean Fuel Reward (CFR) Program.
6.17 Consideration of Resolution 2025-160, Approving a New Purchase Order for GARDA CL West, Inc. to Use During Fiscal Year 2025/2026 and Fiscal Year 2026/2027 for an Amount Not to Exceed $35,000 per year.
6.18 Consideration of Resolution 2025-161, Awarding a Professional Services Agreement for the Financial and Financial Forecasting Services to Urban Futures, Inc.
6.19 Consideration of Resolution 2025-162, Approving the Professional Services Agreement with Richard Heath & Associates, Inc. for Solar Photovoltaic and Energy Assessment Services.
Mayor Flynn opened public comment
No public comment
Mayor Flynn closed public comment
Motion made by Council Member Wallace to approve items 6.1 through 6.16 and seconded by Council Member Miller
Motion carried unanimously 5-0.
7. PUBLIC HEARINGS
7.1 Consideration of Resolution 2025-156, Adopting the Comprehensive User Fee Study Report Prepared by Matrix Consulting Group and Dated October 2025 and the Adoption of an Updated Master User Fee Schedule for the following City Departments and Fee Groups; Electric Utility, Engineering; Film Permits; Finance; Fire; Parks and Recreation; Planning; Building; Police; Utility Billing; Water & Wastewater; Development Services Surcharges Recommendation: Adopt Resolution 2025-156
Nate Smith, Deputy Director of Public Works/City Engineer presented the Enhanced User Fee Study prepared by Matrix Consulting Group (October 25, 2025) and recommended adoption of an updated Master User Fee Schedule for multiple city departments, including Electric Utility, Engineering, Film Permits, Finance, Fire, Parks and Recreation, Planning, Building, Police, and Utility Services. The study reviewed 824 fee line items, eliminated outdated fees, added flat fees for common services, expanded special events and film permit fees, and assessed cost recovery for each service. Most fees were below 6 actual city costs, and the updated schedule recommends adjustments to fully cover the city’s costs without exceeding them.
Adoption of the updated fees is proposed to be effective January 15, 2026, with annual CPI-based adjustments.
Staff discussed that many user fees adopted in 2019 were based on 2018 data and have not kept pace with current costs, leading to under-collection. Going forward, fees will be adjusted annually using the CPI to maintain cost recovery.
Council Member Barrington asked about sign permits, and staff clarified that temporary signs, such as banners or A-frame business signs, may be subsidized to encourage compliance, while other types or signs, including most real estate signs, are typically exempt or regulated differently.
Council Member Miller asked for clarification on false alarm fees for residential and commercial properties, confirming that charges apply after three false alarms for any property type.
Questions were also raised regarding Banning’s budget and FTE comparisons to other cities, noting that Banning’s higher figures are primarily due to staffing for city-run electric and water utilities. Staff explained that comparisons should consider cities providing similar services.
Mayor Flynn opened public hearing at 6:16 p.m.
No public comment
Mayor Flynn closed public hearing at 6:16 p.m.
Motion made by Council Member Wallace to adopt Resolution 2025-156 and seconded by Mayor Pro Tem Royce.
Motion carried unanimously 5-0.
8. REPORTS OF OFFICERS
None
9. DISCUSSION ITEMS
9.1 Western Regional Council of Governments (WRCOG) Vehicle Miles Driven (VMT) Mitigation Program Overview
Recommendation: Provide guidance to staff
Nate Smith, Deputy Director of Public Works/City Engineer and David Newell, Community Development Director presented an overview of a potential VMT mitigation bank program with WRCOG.
They sought guidance on the city's participation and potential policies.
Key points covered:
● Explanation of VMT and its relevance to CEQA.
● Difficulties in mitigating VMT impacts, especially in suburban and rural communities. ● WRCOG's proposed VMT mitigation program as a regional marketplace. ● Potential project types suitable for the program, such as transit passes and bus station enhancements.
● Obligations for the city, including a voluntary agreement and cost estimates. ● Policy considerations such as local preference and a hierarchy of mitigation measures. 7 Council Discussion on VMT
Council Member questions were centered on:
● Scope of "local" region.
● How Caltrans's program interrelates with that of WRCOG. ● Enforceability and management of WRCOG program.
● Program details, potential challenges, and the potential for a WRCOG presentation to the Council.
10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS
Council Member Miller announced a public town hall meeting on Saturday the 15th at 10:00 a.m. at the Senior Center, featuring presentations from David Newell and Blue Zones policy leaders. Positive feedback was received at the State of the City regarding the Youth Council.
Mayor Flynn announced a strategic workshop will be held on November 25 from 9:00 a.m. to 5:00 p.m., including a presentation and full agenda item on the GHJ Utility audit. A Special public hearing for the Sunset Crossroads project is tentatively scheduled for December 11, with the next regular meeting on December 9 and no meetings until January.
Council Member Barrigton announced a District 2 town hall meeting on December 4, to be held in the Council Chambers. Shared positive remarks about Banning Community Health Center on Williams Street, noting its modern equipment, professional staff and extended hours.
11. ITEMS FOR FUTURE AGENDAS
11.1 NEW ITEMS
1. Update Ordinance 1603 (Flynn) October 2025
11.2 EXISTING ITEMS
1. Animal Control Facility Assessment (Flynn) January 2025
2. Emergency Preparedness (Barrington) January 2025
3. Contractor(s) to do Citywide Cleanup (Flynn) May 2025
4. Review and Update Council travel Policy (Flynn) May 2025
5. Streamline Procurement Policy (Flynn) August 2025
6. Community Garden, Sun Lakes (Flynn) September 2025
Mayor Flynn requested that the January meeting include a review of Planning Commissioners and a review and possible update of procedures for hiring a Police Chief.
Council Member Barrigton discussed an existing agenda item on emergency preparedness, with interest in forming an ad hoc committee to begin developing an emergency response plan.
Art Vela, Interim City Manager noted progress on several ongoing items, including updates to the anticamping ordinance, animal control facilities assessment, and citywide cleanup contracts.
12. ADJOURNMENT
A motion to adjourn the meeting was made by Council Member Miller, seconded by Mayor Pro Tem Royce. Motion carried unanimously 5-0, and the meeting was adjourned at 7:07 p.m.
Minutes prepared by:
Sandra B. Calderon
Acting Deputy City Clerk
8 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/255?view_id=1&redirect=true