MINUTES
CITY COUNCIL – REGULAR MEETING
JANUARY 13, 2026
1. CALL TO ORDER – 5:11 p.m.
1.1 ROLL CALL
COUNCIL MEMBERS PRESENT: Mayor Richard Royce
Mayor Pro Tem Cindy Barrington
Council Member Sheri Flynn
Council Member Leroy Miller
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Phaedra Norton, Assistant City Attorney Art Vela, Interim City Manager
Robert Wright, Parks and Recreation Director
Vickie Sellers, City Clerk
Sandra Calderon, Deputy City Clerk
1.2 INVOCATION
Performed by Pastor Todd Oldenburg of Thrive Church
1.3 PLEDGE OF ALLEGIANCE
Mayor Royce led the Pledge of Allegiance.
Council Members held a moment of silence for Parks and Recreation Commissioner Steve Lapham, who passed over the holiday break.
2. AGENDA APPROVAL
2.1 AGENDA APPROVAL
MOTION
Council Member Wallace moved and Council Member Flynn seconded a motion to approve the agenda, amended to move Item 9.3 to be heard following Consent Items. The motion carried unanimously.
3. PRESENTATIONS
None.
4. REPORT ON CLOSED SESSION
Assistant City Attorney Norton stated there was no reportable action from Closed Session.
City of Banning
City Council Minutes
January 13, 2026 Regular Meeting
2 5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS
5.1 PUBLIC COMMENTS
Sue Savage discussed the upcoming public hearing regarding the Sunset Crossroads project and requested clarification as to whether the hearing would be for project consideration or project approval. She stated the Planning Commission had previously denied the project on three occasions due to concerns regarding heavy truck traffic on roads not designed for that level of use, increased traffic congestion, public safety, and air quality impacts. She stated the concern was not the project itself, but rather its proposed location. She asked whether the City Council had considered alternatives, such as a land exchange or relocation of the project.
Bill Hobbs acknowledged the passing of Steve Lapman, noting his service as Commanding Officer of the Banning American Legion, and stated he would be missed. Mr. Hobbs also discussed homelessness during the recent cold weather and expressed concern for unhoused individuals and their pets. He encouraged the City to address the issue through Animal Control and other available resources.
Oleg Ivaschuk, President of the Banning Chamber of Commerce, provided an update on Chamber activities. He introduced the Chamber's new Executive Director, Amy Pippenger, announced that the upcoming pancake breakfast had sold out, and thanked City Council Members who attended the Farm to Fork grand opening. He stated the Chamber's shared goal was to help the City thrive and prosper.
Oscar discussed Oracle's technology platform for local governments and described various features available to support City operations. He stated that if the City already owned the system, it should consider fully implementing and utilizing its available capabilities.
5.2 CORRESPONDENCE
Staff announced that two letters were received for Items 7.2 and 7.3 and would be read during the public hearings.
5.3 APPOINTMENTS
City Council Committee Assignments for 2026
Recommendation: Discuss and assign Council Members to serve on various committees to represent the City of Banning in the 2026 calendar year.
Mayor Royce presented the proposed City Council committee assignments for the 2026 calendar year.
During discussion of the City of Beaumont committee assignment, Council Member Flynn suggested appointing Mayor Pro Tem Barrington in place of Council Member Miller due to the ongoing coordination between the two agencies regarding the regional animal shelter. Council Member Miller agreed with the recommendation.
The City Council discussed the proposed committee assignments and reached consensus on the following appointments:
Western Riverside Council of Governments: Mayor Royce and Council Member Flynn Riverside Transit Agency: Council Members Miller and Wallace Riverside County Transportation Commission: Council Member Flynn and Mayor Pro Tem Barrington
NOW Committee: Mayor Pro Tem Barrington and Council Member Wallace City of Banning
City Council Minutes
January 13, 2026 Regular Meeting
3 Regional Conservation Authority: Council Members Wallace and Flynn San Gorgonio Pass River Alliance: Council Member Wallace and Mayor Royce Southern California Association of Governments: Council Members Wallace and Flynn Community Action Partnership: Mayor Royce and Council Member Miller League of California Cities: Mayor Royce and Council Member Miller Banning Unified School District: Council Member Miller and Mayor Royce Morongo Band of Mission Indians: Council Member Miller and Mayor Royce Mt. San Jacinto College: Mayor Pro Tem Barrington and Council Member Flynn San Gorgonio Memorial Hospital: Council Member Flynn and Mayor Pro Tem Barrington City of Beaumont: Council Member Flynn and Mayor Pro Tem Barrington Economic Development Committee: Mayor Royce and Council Member Miller Healthy Living Committee: Council Members Miller and Wallace Downtown Committee: Council Members Wallace and Flynn
Budget and Finance Committee: Mayor Royce and Mayor Pro Tem Barrington Homeless Advisory Committee: Mayor Royce and Mayor Pro Tem Barrington Cannabis Committee: Council Members Miller and Wallace
General Plan Committee: Mayor Pro Tem Barrington and Council Member Flynn Community Development Block Grant Committee: Council Member Miller and Mayor Royce Jail 2x2 Committee: Mayor Pro Tem Barrington and Council Member Miller MOTION
Council Member Wallace moved and Council Member Flynn seconded to approve the 2026 City Council committee assignments as presented. The motion carried unanimously.
5.4 CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a meeting of the Riverside County Conservation Authority.
She discussed several projects reviewed by the Authority, including roadway widening improvements, auto mall developments, and other regional conservation projects.
Council Member Flynn reported on a Riverside County Transportation Commission meeting, where action was taken on the State Route 60/Potrero Avenue Interchange Phase II project and the Pennsylvania Avenue Grade Separation Agreement with the City of Beaumont. She also attended a Western Riverside Council of Governments strategic planning session. Council Member Flynn stated she would be attending the upcoming Riverside County Transportation Commission meeting and League of California Cities Mayors and Council Members Academy. She also announced the Sunset Crossroads public hearing would be held on January 28 at 5:00 p.m.
Mayor Royce reported he had not attended any committee meetings since the previous City Council meeting. He stated he recently held a Town Hall regarding utility billing and would also be attending the upcoming League of California Cities Mayors and Council Members Academy.
Mayor Pro Tem Barrington reported on a Homeless Ad Hoc Committee meeting regarding next steps following the closure of Opportunity Village. She stated the City was awaiting the appointment of a Homeless Services Coordinator, who would work with collaborative partners and nonprofit organizations to coordinate homeless services. Mayor Pro Tem Barrington also reported that she and Mayor Royce met with representatives of Gilman Historic Ranch and Wagon Museum to receive an update on Riverside County's plans to rehabilitate the property. She also attended the Farm to Fork grand opening.
Council Member Miller reported on a Riverside Transit Agency meeting, during which the Board elected a new Chair and Vice Chair. He also attended the State of the County event and the Shop with a Cop program, where he commended the Banning Police Department and Walmart for their support of the event. Council Member Miller stated he would also be attending the upcoming League of California Cities Mayors and Council Members Academy.
City of Banning
City Council Minutes
January 13, 2026 Regular Meeting
4 5.5 ANNOUNCEMENTS OF CITY COUNCIL MEMBERS
5.6 CITY TREASURER’S REPORT
Sue Savage, City Treasurer, stated she was not the only person concerned about the City's financial condition. She reported that the City's electric utility revenue bonds had recently been downgraded by Standard & Poor's for the second time within approximately 18 months. She stated the City's Fiscal Year 2024-2025 audit had not yet been completed and noted that Banning's poverty rate was approximately 19 percent. She also compared the City's electric utility rates to those charged by Southern California Edison.
City Treasurer Savage discussed the purpose of bond ratings and stated they reflect a rating agency's assessment of an issuer's ability to meet its financial obligations. She stated the recent bond rating downgrade was not a crisis or a failure but rather a warning that required attention.
She stated the rating agency cited concerns including a potential rate covenant violation, deteriorating quality of financial information, and a lack of clarity regarding the City's Fiscal Year 2025 financial position. She stated the downgrade did not indicate that funds were missing or that City services were currently at risk, but rather that the City's financial information had not been provided in a sufficiently timely or transparent manner.
City Treasurer Savage stated she would like to work collaboratively with City staff to develop a plan to address the identified concerns and provide regular updates to the City Council. She discussed potential consequences of a rate covenant violation, including waiver requests, increased interest rates, additional collateral requirements, or acceleration of outstanding debt obligations. She noted the outstanding balance of the affected bonds was approximately $19,410,000 and stated addressing the issue should be the City's highest financial priority.
City Treasurer Savage also discussed year-over-year financial comparisons and stated revised financial information reflected an approximate $15 million decrease in cash balances, leaving approximately $50,840,000 on hand. She stated she had reviewed the City's bank statements and summarized balances within various City funds and bond accounts.
5.6 CITY MANAGER'S REPORT
Art Vela, Interim City Manager, stated the City had previously evaluated an Oracle software suite but ultimately decided not to move forward with its implementation. He stated staff was currently focused on resolving utility billing issues and that, once completed, the City could evaluate upgrades to its legacy software system.
Mr. Vela stated the City Council had recently approved a contract to complete an assessment of the City's animal control facility and that the project was underway. He reported that the Morongo Band of Mission Indians had expressed interest in participating in the project and had contributed approximately one-half of the cost of the assessment.
Mr. Vela acknowledged the City's ongoing financial challenges and stated staff was continuing efforts to bring the City's financial records current. He stated the recent bond rating downgrade was anticipated and explained that the City experienced a significant turnover within the Finance Department while the Fiscal Year 2024 audit was being prepared. He stated consultants had assisted in completing the audit and that it would be presented to the City Council at the next regular meeting. He also stated there was a correlation between the City's reported cash balances and the utility billing issues.
Mr. Vela reported that all residents of Opportunity Village had been successfully relocated prior to the facility's closure. He also announced the upcoming Bulky Item Collection Day, scheduled for Saturday, January 17, at Dysart Park. He stated the City's community cleanup events had City of Banning
City Council Minutes
January 13, 2026 Regular Meeting
5 contributed to a reduction in illegal dumping throughout the City.
Ralph Wright, Parks and Recreation Director, announced that the free produce distribution sponsored by the Riverside County Fifth District Supervisor would be held on Thursday morning.
He stated the event had been moved to the third Thursday of the month due to the New Year's holiday and that residents could register in advance or onsite.
5.7 CITY ATTORNEY'S REPORT
Assistant City Attorney Norton stated her office, along with staff, provided training to the Planning Commission recently and had another training coming up in February. She read portions of the Rules of Decorum and Procedural Guidelines for the City of Banning.
6. CONSENT ITEMS
6.1 Consideration and Approval of the meeting minutes of the May 13, 2025, May 14, 2025, May 22, 2025, Regular meeting of November 12, 2025, and the Closed Session and Workshop of the November 9, 2025, City Council meetings.
Recommendation: Approve the meeting minutes of the Consideration and Approval of the meeting minutes of the May 13, 2025, May 14, 2025, May 22, 2025, Regular meeting of November 12, 2025, and the Closed Session and Workshop of the November 9, 2025, City Council meetings.
6.2 Accept as Complete Various Improvements Related to the Atwell Specific Plan Development and Authorize the 90% Reduction of the Improvement Bonds
Recommendation: City Council accept as complete various improvements related to the Atwell Specific Plan Development and authorize the 90% reductions in the improvements bonds.
6.3 Public Works Capital Improvement Project Tracking List Recommendation: Receive and file.
6.4 Consideration of Second Reading and Adoption of Ordinance 1614, Repealing and Replacing Chapter 12.32
Recommendation: Approve second reading and Adoption of Ordinance 1614.
6.5 Consideration of Resolution 2026-01 UA Approving the Fourth Amendment to the Professional Services Agreement with Falen Law Offices, LLC for Legal Services related to the Transfer of the San Gorgonio Flume System Increasing the Agreement Amount by $250,000 and to Ratify $150,000 issued on July 2025
Recommendation: Adopt Resolution 2026-01 UA.
6.6 Consideration of Resolution 2026-01, Awarding a Professional Services Agreement to Carollo Engineers, Inc. in the amount of $150,000 to perform On-Call Water/Wastewater Hydraulic Feasibility Studies.
Recommendation: Adopt Resolution 2026-01.
6.7 Consideration of Resolution 2026-02, Approving a Western Systems Power Pool Confirmation Letter Agreement with the City of Vernon for the Purchase of Thirteen Megawatts of Local / Flexible Resource Adequacy Capacity for Calendar Years 2027 through 2029 at a Cost of $8.25 per Kilowatt-month, or $1,287,000 Per Year.
Recommendation: Approve Resolution 2026-02.
6.8 Consider Resolution 2026-05 to Quitclaim City Property to the Riverside County Flood Control and Water Conservation District and to accept property to be Quitclaimed by the Riverside County Flood Control and Water Conservation District along Pershing Channel (Highland Home Road) in the vicinity of Wilson Street
City of Banning
City Council Minutes
January 13, 2026 Regular Meeting
6 Recommendation: Adopt Resolution 2026-05.
6.9 Consideration of Resolution 2026-06, Amending the Classification and Compensation Plan, Position Reclassification (Senior Planner)
Recommendation: Adopt Resolution 2026-06.
6.10 Consideration of Resolution 2026-08, Amending the Classification and Compensation Plan, Adding a Homeless Services Coordinator
Recommendation: Adopt Resolution 2026-08.
6.11 Consideration of Resolution 2026-10, Accepting a donation from Sun Lakes Country Club HOA Bingo Program in the amount of $1,500
Recommendation: Adopt Resolution 2026-10.
6.12 Consideration of Resolution 2026-11, Approving Final Parcel Map 38367 and Release the Map for Recordation
Recommendation: Adopt Resolution 2026-11.
6.13 Consideration of Resolution 2026-12, Award of a Professional Services Contract to Jacob Green and Associates to conduct an Organizational Assessment for the Banning Police Department in the amount of $48,000.00
Recommendation: Adopt Resolution 2026-12.
6.14 Consideration of Resolution 2026-13, Awarding a Construction Contract for Project No. 2020-04 Sun Lakes Boulevard Extension Project, to Riverside Construction Company, Inc. in the amount of $20,996,793.50 and approving a 10% contingency for a total budget of “Not-to-Exceed” $23,096,472.85
Recommendation: Adopt Resolution 2026-13.
6.15 Consideration of Resolution 2026-14, to Authorize the City Manager to Execute Amendment No. 2 to Cooperative Agreement Between Riverside County Transportation Commission, City of Banning and City of Beaumont for the Management of the I-10/Highland Springs Avenue Interchange Project Study Report and to Include Project Approval and Environmental Document (PA/ED) Phase
Recommendation: Approve Resolution 2026-14.
Council Member Flynn stated she wanted to pull Items 6.11, 6.13, 6.14, and 6.15.
MOTION
Council Member Wallace moved and Council Member Miller seconded a motion to approve Items 6.1-6.10 and Item 6.12. The motion carried unanimously.
6.11 Consideration of Resolution 2026-10, Accepting a donation from Sun Lakes Country Club HOA Bingo Program in the amount of $1,500
Recommendation: Adopt Resolution 2026-10.
Council Member Flynn stated she pulled this item to thank Sun Lakes for their donation.
MOTION
Council Member Flynn moved and Council Member Miller seconded a motion to adopt Resolution No. 2026-10. The motion carried unanimously.
City of Banning
City Council Minutes
January 13, 2026 Regular Meeting
7 6.13 Consideration of Resolution 2026-12, Award of a Professional Services Contract to Jacob Green and Associates to conduct an Organizational Assessment for the Banning Police Department in the amount of $48,000.00
Recommendation: Adopt Resolution 2026-12.
In response to Council Member Flynn, Mr. Vela discussed the organizational assessment and stated its purpose was to provide department leadership with strategies to improve organizational culture and address issues, whether real or perceived, to strengthen the department overall. He stated organizational assessments of this nature were common.
MOTION
Council Member Wallace moved and Council Member Flynn seconded a motion to adopt Resolution No. 2026-12. The motion carried unanimously.
6.14 Consideration of Resolution 2026-13, Awarding a Construction Contract for Project No. 2020-04 Sun Lakes Boulevard Extension Project, to Riverside Construction Company, Inc. in the amount of $20,996,793.50 and approving a 10% contingency for a total budget of “Not-toExceed” $23,096,472.85 Recommendation: Adopt Resolution 2026-13.
Council Member Flynn stated previous cost estimates for the project were significantly higher and would have required the City to contribute approximately $2 million. She stated she was pleased the City would be able to complete the project at a substantially lower local cost.
Nate Smith, Deputy Director of Public Works, presented the staff report. He reviewed the history and details of the project and stated staff was recommending budgeting the project through the City's Measure A Fund, with a corresponding amount recognized as grant revenue to the fund. He stated the total project cost was approximately $2.6 million less than the maximum grant award, resulting in no net budget impact to the City. Mr. Smith also recommended amending Section 1 of the proposed resolution to authorize the City Manager, or designee, to make necessary budget adjustments in accordance with the project plan. He stated the project was fully funded as a stand-alone City project and was not dependent on any other development project.
MOTION
Council Member Flynn moved and Mayor Pro Tem Barrington seconded a motion to adopt Resolution No. 2026-13, as amended by staff. The motion carried unanimously.
6.15 Consideration of Resolution 2026-14, to Authorize the City Manager to Execute Amendment No. 2 to Cooperative Agreement Between Riverside County Transportation Commission, City of Banning and City of Beaumont for the Management of the I-10/Highland Springs Avenue Interchange Project Study Report and to Include Project Approval and Environmental Document (PA/ED) Phase
Recommendation: Approve Resolution 2026-14.
In response to Council Member Flynn, Mr. Smith discussed the status of the project. He reviewed the four phases of a typical construction project and stated the project was currently in the environmental review phase. He discussed challenges encountered during the environmental review process with Caltrans and stated a solution had been agreed upon by all parties. He stated funding had been secured through the Western Riverside Council of Governments to complete the current phase, with additional funding available for the next phase. He stated staff would begin pursuing funding for the construction phase and estimated the project would take approximately four to five years to complete.
City of Banning
City Council Minutes
January 13, 2026 Regular Meeting
8 MOTION
Council Member Flynn moved and Council Member Miller seconded a motion to adopt Resolution No. 2026-14. The motion carried unanimously.
RECESS
At 6:34 p.m., the City Council recessed. The meeting reconvened at 6:49 p.m. with all Council Members present.
Mayor Royce called Item 9.3 per the reorder upon approval of the agenda.
9.3 Discuss the City of Banning's Current Utility Billing Payment Plan Policies Recommendation: That City Council consider the current utility billing payment plan structure and possible alternatives to payment plans with consideration of the City's recent utility billing challenges.
Interim City Manager Vela presented the staff report and provided an update on the City's utility billing system. He stated staff anticipated mailing the November and December utility bills by the end of January and expected billing to be current beginning in February. He stated the customer portal and credit card payment options remained available, but automatic payments would remain suspended until an issue with the system was resolved. He reviewed the City's current utility payment policies, including payment extensions, amortization, alternative payment schedules, payment reductions, Proposition 218 requirements, discontinuation of service, and exceptions for qualifying financial and medical circumstances. He stated staff was seeking City Council direction regarding revisions to the payment policy.
In response to Council Member Wallace, Mr. Vela stated payments made by customers were being properly credited to accounts, but because bills included new charges before some payments were reflected, it could appear that payments had not been applied. He stated customers could request a payment and billing history. In response to Mayor Royce, Mr. Vela stated the City would normally charge copy fees pursuant to the User Fee Schedule but would waive those fees until the billing issues were resolved.
In response to Council Member Flynn, Mr. Vela stated the City maintained approximately 13,000 utility accounts. He stated staff was evaluating whether payment history reports could be made available through the customer portal. He acknowledged staff had received a significant volume of calls and emails regarding utility billing concerns and stated the complaints regarding responsiveness were understandable given the circumstances. He stated staff was considering creating a dedicated email address for utility billing inquiries.
Mr. Vela explained the City's utility billing software was implemented in November 2024. He stated billing was subsequently suspended and the City transitioned back to its legacy system in April 2025, resulting in customers receiving bills reflecting approximately six months of charges. Mayor Pro Tem Barrington stated many residents remained confused regarding the billing statements, particularly the balance forward, current charges, and total amount due. Mr. Vela stated this had been one of the most common questions received and explained the timing differences between bill generation and customer payments. Mayor Pro Tem Barrington requested additional public outreach explaining how to read the bills.
Council Member Miller stated he had received similar concerns from constituents and questioned how the City would improve communication moving forward. Mr. Vela stated staff anticipated being current with billing by February and would then focus on revising the payment plan policy. He also stated staff intended to continue using the current software while implementing upgrades to improve its functionality. Council Member Miller suggested preparing a sample utility bill identifying where customers could locate the correct account balances.
City of Banning
City Council Minutes
January 13, 2026 Regular Meeting
9 In response to Council Member Flynn, Mr. Vela stated payment plans would apply to the balance outstanding at the time a customer entered into the agreement. He discussed how payment plans would be administered and stated staff was evaluating methods to display payment plan balances separately from current utility charges on future bills.
Frank Connolly stated the City should not waive credit card convenience fees because of the associated cost to the City. He suggested all payment plans should extend for 12 months and stated a 10 percent deposit may not be feasible for some customers. He also encouraged residents to retain payment receipts and noted that obtaining a payment history from City staff was a simple process. Mr. Connolly also expressed concern regarding the condition of his water meter.
Kathy Aranda thanked staff for explaining the utility billing issues and expressed appreciation for the City's efforts to assist residents. She also thanked Mayor Royce for hosting a utility billing Town Hall meeting. Ms. Aranda encouraged the City to establish measurable benchmarks for resolving the billing issues, communicate progress regularly, explain the evaluation process for future software improvements, and consider the use of a third-party utility billing administrator.
Ms. Goodwin stated her monthly utility bills had increased significantly despite living in a two-person household. She stated staff had inspected her water meter and she was unaware of any leaks.
She also stated her review of previous bills indicated some payments had not been reflected and expressed concern that automatic payments continued to be processed despite being advised they had been suspended.
In response to Mayor Royce, Mr. Vela stated approximately 10 percent of the City's water meters were tested each year. He explained that while meters could occasionally vary slightly in accuracy, the differences were generally not significant enough to account for substantial billing increases.
He reviewed the City's meter testing process, leak indicators, and common causes of high water usage, noting outdoor irrigation was frequently the largest contributor. He also stated the last water rate increase occurred in January and another increase was scheduled for January 1.
Mayor Royce discussed the importance of evaluating the City's utility billing system comprehensively to avoid repeating previous issues. Mr. Vela stated the current billing software version was no longer supported and staff intended to upgrade the existing system before evaluating long-term software options.
In response to Council Member Flynn, Mr. Vela stated the billing software had the capability to identify unusual account activity through exception reports, although staff was still evaluating the system's capabilities.
Mayor Royce and Council Member Flynn noted the current policy referenced customer attendance during meter testing. Mr. Vela explained the City's current practices differed from the written policy and agreed the policy should be updated for clarity.
The City Council discussed revisions to the proposed payment plan policy. Council Members discussed payment plan durations, required deposits, credit card convenience fees, late fees, discontinuation of service, and the length of the utility billing grace period. Mayor Pro Tem Barrington also requested additional outreach regarding the City's low-income utility assistance programs.
By consensus, the City Council directed staff to implement a three-month grace period following the date the City became current with utility billing, during which no late fees or utility service discontinuations would occur.
By consensus, the City Council directed staff to establish payment plans of up to 6 months with a 5 percent deposit and up to 12 months with a 10 percent deposit.
City of Banning
City Council Minutes
January 13, 2026 Regular Meeting
10 By consensus, the City Council directed staff to waive credit card convenience fees during the grace period and reinstate those fees following the expiration of the grace period.
By consensus, the City Council directed staff to resume the assessment of late fees following the expiration of the grace period or upon default of an approved payment plan, as applicable.
Interim City Manager Vela stated he would return with a resolution at an upcoming meeting formalizing these temporary revisions to the Utility Payment Plan Policy.
RECESS
At 8:11 p.m., the City Council recessed. The meeting reconvened at 8:30 p.m. with all Council Members present.
7. PUBLIC HEARINGS
7.1 Introduction and First Reading of Ordinance No. 1615, A Zone Text Amendment to Banning Municipal Code Title 17, Chapter 17.88, Section 17.88.020 (Non-Conforming Structures and Uses)
Recommendation: Waive full reading, direct the City Clerk to read the ordinance by title only, and introduce Ordinance No. 1615, entitled: An Ordinance of the City Council of the City of Banning, California, amending Section 17.88.020 of Chapter 17.88 (Non-Conforming Structures and NonConforming Uses) of Title 17 (Zoning) of the Banning Municipal Code to provide greater flexibility for the repair and reconstruction of legally established non-conforming residential structures.
Mary Yaryan, Associate Planner, presented the staff report. She stated the proposed ordinance was prompted by a residential structure lost in a fire and reviewed the City's current regulations governing reconstruction of fire-damaged nonconforming structures. She stated the proposed amendment would allow legally established nonconforming residential structures destroyed by fire to be reconstructed to their original size regardless of current zoning standards and would eliminate the existing two-year reconstruction deadline. She stated the proposed amendments were consistent with Housing Element Goal 1 to preserve the City's existing housing stock.
Ms. Yaryan stated the Planning Commission directed staff on August 6, 2025 to initiate a Zoning Text Amendment. She further stated that following a public hearing on November 17, 2025, the Planning Commission voted 4-0 to recommend City Council approval of the proposed ordinance.
She recommended the City Council introduce the ordinance and waive further reading, with second reading and adoption scheduled for the next regular meeting.
Mayor Pro Tem Barrington thanked staff for bringing the ordinance forward and stated it would allow the affected property owner to finally rebuild after more than two years.
Mayor Royce opened the public hearing.
Stephen Beers stated he appreciated the City Council's efforts to bring the ordinance forward so he could rebuild his home. He shared that his family had been displaced following the fire and described the hardships they had experienced while waiting for the opportunity to rebuild.
Mayor Royce closed the public hearing.
In response to Council Member Miller, Ms. Yaryan confirmed the ordinance would return to the City Council as a consent item for second reading and adoption at the next regular meeting.
City Clerk Sellers read the title of the ordinance.
City of Banning
City Council Minutes
January 13, 2026 Regular Meeting
11 MOTION
Council Member Wallace moved and Mayor Pro Tem Barrington seconded to introduce Ordinance No. 1615, entitled: An Ordinance of the City Council of the City of Banning, California, amending Section 17.88.020 of Chapter 17.88 (Non-Conforming Structures and Non-Conforming Uses) of Title 17 (Zoning) of the Banning Municipal Code to provide greater flexibility for the repair and reconstruction of legally established non-conforming residential structures. The motion carried unanimously.
7.2 Consideration of Resolution 2026-03, Approving a Tentative Tract Map Application (Case No.
TTM 39259/PTM25-0004), submitted by Tri Pointe Homes to Subdivide 15 Parcels Totaling 160.02 Acres into 544 Single-Family Residential Lots and 36 Condominium Lots (for 248 Duplex Condominium Units) Located at the Northwest Corner of Highland Home Road and the Southern California Edison Corridor.
Recommendation: Adopt Resolution 2026-03.
Mark Staples, Planning Manager, presented the staff report. He described the project submitted by Tri Pointe Homes, consisting of 544 single-family residential lots, 36 condominium lots containing 248 attached condominium units, a 1.03-acre neighborhood park, a 5.62-acre community park, and associated lettered lots within the Atwell Development and Butterfield Specific Plan area. He presented maps of the project site and discussed surrounding land use designations. He stated the proposal included a density increase within Planning Area 49A and noted the overall Butterfield Specific Plan remained below its previously approved maximum residential unit count. He reviewed the planning areas, secondary access roads, and design review approval previously granted by the Planning Commission for the condominium product. He also presented architectural renderings of the proposed condominium models, discussed the required findings under the Subdivision Map Act and environmental determinations, and recommended approval of the tentative tract map.
In response to Council Member Wallace, Mr. Staples stated the development would include two parks.
In response to Council Member Flynn, Mr. Staples discussed the proposed housing product types and their respective sizes.
In response to Mayor Pro Tem Barrington and Council Member Flynn, the applicant stated the condominium units were intended to provide a more affordable housing option, with anticipated sales prices beginning in the low $400,000 range. He stated detached single-family homes were expected to be approximately $20,000 to $50,000 higher, depending on the model. He explained each unit would be individually sold and stated he would review the project's Covenants, Conditions and Restrictions (CC&Rs) regarding limitations on rental units. Council Member Flynn expressed support for a one-year owner-occupancy requirement and stated she was concerned there could be a large number of rental properties within the Atwell community.
Mayor Royce stated he had concerns regarding several of the required findings and requested additional background regarding previous litigation involving the project and how the current proposal reflected those settlement terms.
In response to Council Member Miller, Mr. Staples stated the development would be part of the overall Atwell Homeowners Association. He also clarified that the duplex product consisted of individually owned attached homes rather than two-unit rental buildings.
Mayor Royce opened the public hearing.
Frank Connolly questioned provisions within the project's CC&Rs regarding rental restrictions.
Hayley Uno, a law clerk speaking on behalf of SAFER, urged the City Council to deny the project City of Banning
City Council Minutes
January 13, 2026 Regular Meeting
12 or require additional environmental review. She stated the project improperly relied on the 2011 Butterfield Specific Plan Environmental Impact Report and argued that supplemental environmental review should be prepared to address biological resources, wildlife impacts, traffic mortality, bird collisions, air quality, greenhouse gas emissions, and other issues. She also requested consideration of additional mitigation measures, including bird-safe building materials and native landscaping.
Mr. Staples stated staff had received SAFER's comment letter earlier that afternoon. He explained the 2011 Environmental Impact Report evaluated development of approximately 5,300 residential units and noted that the overall project had since been reduced pursuant to previous litigation.
Mayor Royce suggested continuing the item to allow adequate time to review the recently submitted letter.
Michael Titus, representing Tri Pointe Homes, stated the letter raised issues that had already been addressed through previous environmental review and litigation. He stated greenhouse gas impacts had been analyzed through a subsequent Environmental Impact Report addendum and numerous mitigation measures had already been incorporated into the project. He also discussed biological resource protections, required permits from regulatory agencies, and previous grading activities completed within the project area. He stated the concerns raised in the comment letter could have been addressed earlier in the process and requested the City Council proceed with approval.
Mayor Royce stated that, independent of the comment letter, he remained concerned about cumulative traffic impacts associated with continued development within the Atwell project.
In response to Mayor Royce, Michael Heishman stated the Environmental Impact Report evaluated the entire Butterfield Specific Plan rather than each individual subdivision and reiterated the various modifications incorporated through prior litigation. He reviewed provisions of the prior settlement agreement, including elimination of the proposed gas station, preservation measures related to the Veterans Tree, installation of electric vehicle charging infrastructure, dedication of additional open space, and elimination of the Brookside Avenue connection.
In response to Mayor Pro Tem Barrington, Mr. Heishman discussed the Veterans Tree and stated staff was working with the City's engineering staff to determine whether it could be preserved, although the settlement agreement contemplated its removal.
Mayor Royce closed the public hearing.
Council Member Flynn stated she was familiar with the law firm representing SAFER from other development projects and expressed concern regarding the timing of the submitted letter. She reiterated her interest in requiring an owner-occupancy condition to limit investor-owned rental properties.
Assistant City Attorney Norton stated she believed an owner-occupancy requirement may be legally permissible but recommended additional legal research before the City Council acted. She also stated the SAFER letter had become part of the administrative record and, although there had been insufficient time for staff to fully evaluate its contents, staff should review the issues raised before a final decision was made. She further advised that if the item were continued, the public hearing would not need to be reopened unless new evidence was presented.
MOTION
Council Member Miller moved and Mayor Royce seconded to continue the item to the next regular meeting to allow legal counsel to review the recently submitted comment letter and research the proposed owner-occupancy condition. The motion carried unanimously.
City of Banning
City Council Minutes
January 13, 2026 Regular Meeting
13 7.3 Consideration of Resolution 2026-04, Approving a Tentative Tract Map Application (Case No.
TTM 39262/PTM25-0005), submitted by Tri Pointe Homes to Subdivide 6 Parcels Totaling 68.74 Acres into 193 Single-Family Residential Lots, Located at the Northeast Corner of Highland Home Road and the Southern California Edison Corridor
Recommendation: Adopt Resolution 2026-04.
Mark Staples, Planning Manager, presented the staff report. He described the project submitted by Tri Pointe Homes, consisting of 193 single-family residential lots within the Atwell Development and Butterfield Specific Plan area. He presented project maps and site plans identifying the location of the development and discussed the primary roadway network and access roads. He stated the applicant was still evaluating whether the neighborhood would be developed as a gated, agerestricted community for residents 55 years of age and older. He stated staff was working with Public Works to modify access points to ensure adequate emergency vehicle access and that all streets were designed in accordance with City standards. He stated the Design Review application was ready for approval pending approval of the tentative tract map. He presented the proposed landscape plans and architectural elevations. Mr. Staples discussed the required findings under the Subdivision Map Act and stated the findings were included in the proposed resolution. He recommended the City Council adopt the resolution, as amended to incorporate the applicant's most recently submitted plans and add Condition of Approval PW.Street.24 to allow local residential streets to be accepted as private streets.
In response to Council Member Flynn, Mr. Staples stated designation of the project as an agerestricted community would be at the applicant's discretion and would not require any assistance or incentives from the City. He stated the designation would simply be incorporated as a condition of approval.
Mayor Royce opened the public hearing.
Hayley Uno, speaking on behalf of SAFER, reiterated the comments presented during the previous agenda item. She stated SAFER would have preferred to submit its comments earlier.
Mayor Royce closed the public hearing.
Mayor Royce stated he had the same concerns regarding the project as those expressed during the previous agenda item.
In response to Council Member Miller, the applicant, Mr. Heishman, stated the project was being evaluated as either a gated, age-restricted community or a conventional residential neighborhood.
He stated if developed as a gated community, the private streets would be maintained through the Community Facilities District, while a non-gated project would include public streets maintained by the City. He stated the final decision would be made before construction commenced. Mr.
Heishman also stated the active adult community was permitted under the Butterfield Specific Plan and would provide an additional marketing opportunity. He further stated the required fire access and turnaround areas had been incorporated into the engineering plans.
Council Member Flynn stated she supported the project and hoped the applicant proceeded with the age-restricted community because it would encourage more long-term residents.
Mayor Royce stated the project should not be viewed independently of the previous agenda item because both developments contributed to the overall number of residential units within the Atwell Development.
In response to Council Member Flynn, Mr. Heishman stated the property was already designated for single-family residential development and the proposed project would not increase the approved City of Banning
City Council Minutes
January 13, 2026 Regular Meeting
14 residential density, unlike the previous project. He stated the project remained consistent with the approved low- to medium-density residential land use designation.
MOTION
Council Member Flynn moved and Council Member Wallace seconded to adopt the resolution, as amended by staff. The motion carried unanimously.
8. REPORTS OF OFFICERS
None.
9. DISCUSSION ITEMS
9.1 Consideration of Resolution 2026-07, Authorizing the Appointment of Retired Annuitant Kenneth Louie as Interim Finance Director
Recommendation: Adopt Resolution 2026-07.
Lisa Rossi, Administrative Services Director, presented the staff report. She stated Mr. Louie would come in as the Interim Finance Director and that they had another retired annuitant, Bonnie Johnson, who would be staying on to handle special projects for the Finance Department.
MOTION
Council Member Wallace moved and Mayor Royce seconded to adopt Resolution 2026-07. The motion carried unanimously.
9.2 Evaluation of current City of Banning Planning Commissioners pursuant to Banning Municipal Code Section 2.28.020(C) and Section 6.4 (C) of the Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings for the City of Banning Recommendation: This item is being presented to the full City Council for the consideration and evaluation of all current City of Banning Planning Commissioners, in accordance with Banning Municipal Code (BMC) Section 2.28.020(C) and Section 6.4(C) of the Manual of Procedural Guidelines for the Conduct of City Council and Commission Meetings.
Interim City Manager Vela stated the item had been placed on the agenda at the request of Council Member Flynn.
Mayor Royce stated he recently attended a Planning Commission meeting and expressed concern regarding comments made by a Planning Commissioner. He stated he wished to consider removal of the Commissioner pursuant to the City's procedures.
Frank Connolly stated he was a former Planning Commissioner. He stated he agreed with Mayor Royce's concerns regarding the Commissioner's comments and believed another individual could better serve on the Planning Commission.
Council Member Flynn stated she watched the Planning Commission meeting and was concerned by comments made by the same Commissioner. She stated the comments were directed toward a neighborhood within the city and believed they were inappropriate.
Council Member Miller stated he reviewed the Planning Commission meeting and believed the matter was being overstated. He stated he was concerned that removing Commissioners based on a single comment could discourage future volunteers from serving on City commissions. He also noted the Planning Commission had recently received training from the City Attorney's Office and believed Commissioners should be given the opportunity to apply that training.
City of Banning
City Council Minutes
January 13, 2026 Regular Meeting
15 Mayor Royce stated the Banning Municipal Code authorized the City Council to remove a Commissioner for cause and that the determination rested with the City Council.
Assistant City Attorney Norton stated the determination of whether cause existed for removal was a subjective decision for the City Council as the appointing authority.
MOTION
Council Member Flynn moved and Mayor Pro Tem Barrington seconded to remove Nahaniel Rodriguez from the Planning Commission. The motion carried 3-2, Council Members Miller and Wallace dissenting.
MOTION
Council Member Wallace moved and Council Member Miller seconded a motion to remove Jerry Phelps from the Planning Commission. The motion failed 2-3, Council Member Flynn, Mayor Pro Tem Barrington, and Mayor Royce dissenting.
MOTION
Council Member Miller moved and Council Member Wallace seconded a motion to remove Chris Castorena from the Planning Commission. The motion failed 2-3, Council Member Flynn, Mayor Pro Tem Barrington, and Mayor Royce dissenting.
10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS
Council Member Wallace stated she would be holding a town hall meeting on January 21 at Roosevelt Williams Park with Art Vela as her guest as well as an attorney who would discuss estate planning and wills.
Council Member Miller stated he would hold a town hall that Friday at the Banning Community Center also with Art Aela regarding utility billing. He announced that Council Member Wallace had been selected as an honoree of the Black Chamber of Palm Springs honorary dinner to be held on February
7. 11. ITEMS FOR FUTURE AGENDAS
11.1 NEW ITEMS
1. Revise Manual of Procedural Guidelines, Article 10.3 (c) (Flynn) December 2025
2. Sales Tax Agreement Update with Diamond Chevrolet (Flynn) December 2025
3. Cannabis Warehouse Moratorium (New Facilities Only) (Barrington) December 2025
11.2 EXISTING ITEMS
1. Emergency Preparedness (Barrington) January 2025
2. Review and Update Council Travel Policy (Flynn) May 2025
3. Streamline Procurement Policy (Flynn) August 2025
4. Community Garden, Sun Lakes (Flynn) September 2025
5.Update (anti-camping) Ordinance 1603 (Flynn) October 2025
12. ADJOURNMENT
MOTION
Council Member Flynn moved and Mayor Royce seconded a motion to adjourn.
The question was called and the motion carried unanimously.
City of Banning
City Council Minutes
January 13, 2026 Regular Meeting
16 The meeting adjourned at 9:59 p.m.
Minutes prepared by:
Sandra B. Calderon
Deputy City Clerk
These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2).
The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/277?view_id=1&redirect=true