1 MINUTES
CITY COUNCIL - REGULAR MEETING
CITY OF BANNING, CALIFORNIA
SEPTEMBER 8, 2026 – 5:00 p.m.
1. CALL TO ORDER - 5:00 p.m.
1.1 INVOCATION
Performed by Pastor Baylark of First Community Baptist Church
1.2 PLEDGE OF ALLEGIANCE
1.3 ROLL CALL
COUNCIL MEMBERS PRESENT: Mayor Richard Royce
Mayor Pro Tem Cindy Barrington
Council Member Sheri Flynn (remote)
Council Member Leroy Miller
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Phaedra Norton, City Attorney
Elizabeth Gibbs, City Manager
Art Vela, Public Works Director
Jennifer Terry, Finance Director
Vickie Sellers, City Clerk
Sandra Calderon, Deputy City Clerk
Council Member Flynn participated remotely under the “just cause” provision due to a family medical emergency, with the required teleconferencing and remote participation disclosures made.
2. AGENDA APPROVAL
2.1 AGENDA APPROVAL
3. PRESENTATIONS
3.1 Proclamation - Constitution Week
3.2 Proclamation - Hispanic Heritage Month
Mayor Royce read a proclamation for Constitution Week. It is celebrated from September 17, through September 23, 2026 to commemorate the 1787 adoption of the United States Constitution and 2 recognizing Hispanic Heritage Month, celebrated from September 15 to October 15, 2026. The proclamation highlighted the cultural contributions of people of Hispanic heritage to American culture over five hundred years.
4. REPORT ON CLOSED SESSION
Phaedra Norton, City Attorney reported there was no action taken on items 3.1, 3.3, and 3.2 from the closed session agenda.
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND
REPORTS
5.1 PUBLIC COMMENTS
Bill Hobbs expressed concerns about the city's financial issues and past hiring decisions for key positions, citing examples of individuals with bankruptcy and foreclosure history. He proposed a merger between Banning, Beaumont, and Cabazon, suggesting that Cabazon's acreage for warehouses and Banning's potential for tourism could be beneficial. He contrasted Beaumont's strong economic standing with Banning's struggles, emphasizing the need for good businesses and expressing disapproval of warehouses being located near residential areas, especially those with senior residents.
Bill Lamb, a 35-year resident, addressed future agenda items regarding the "Stagecoach Town USA" designation. He expressed disappointment that this designation was previously removed by the prior administration, citing a technicality. He highlighted the ongoing efforts to preserve and promote the city's stagecoach history through the Gilman Historic Ranch and its volunteer group. Lamb urged the council to reconsider the previous action, resolve any technicalities, and restore Banning's identity as "Stagecoach Town USA."
Junita Diaz discussed a recent city cleanup effort, thanking volunteers and announcing another cleanup on the 19th. She echoed previous sentiments about the city's identity and the need to restore Banning to its former state, emphasizing that this is part of the city's identity regardless of individual feelings.
Diaz also raised a question about the police department's union endorsing Nathaniel Rodriguez, questioning the impartiality of such endorsements within the city and how it aligns with the non-biased expectations for volunteers on commissions.
A technical issue with Zoom required a brief break. both audio and video were functioning correctly for Councilmember Flynn, and the meeting was able to proceed.
Public Comments continued:
Nate Rodriguez, founder and president of Gladiators FC, invited the council to attend a game on Saturday to support the city's first competitive, non-profit youth soccer club. He mentioned they currently have five competitive teams and are heavily involved with the youth.
5.2 CORRESPONDENCE
A comment letter for item 9.1 was received and would be read during public comment.
5.3 APPOINTMENTS
5.4 CITY COUNCIL COMMITTEE REPORTS
5.5 ANNOUNCEMENTS OF CITY COUNCIL MEMBERS
Council Member Wallace reported on the SKAG meeting, which focused on transportation for the upcoming Olympics and the expected impact on the entire region due to an estimated 19 million 3 visitors. she noted efforts to address transportation and housing needs, including discussions with surrounding counties.
Mayor Pro Tem Barrington had nothing to report.
Council Member Miller reported on RTA's opening of its first hydrant refilling station in Riverside and the purchase of nine-dollar ride buses, transitioning from vans to smaller, more cost-effective buses. He also mentioned a T-Now meeting about safety on railroad crossings, with presentations available for schools and community centers.
Council Member Flynn reported on a tour of YAPS in Upland and an upcoming vaccination clinic on September 27th.
Mayor Royce announced a town hall meeting on Monday, September 14th, at 6 PM in the Council Chambers, with the City Manager present.
5.6 CITY MANAGER'S REPORT
City Manager Elizabeth Gibbs provided details on the vaccination clinic, tentatively scheduled for Saturday, September 26th, from 8 AM to 11 AM, in coordination with YAPS, with a priority for Banning residents. Regarding POA endorsements, she clarified that the POA is a separate entity from the city, and any endorsements are made by them as a union organization, not affiliated with the city.
5.7 CITY ATTORNEY'S REPORT
The City Attorney reviewed the rules of decorum for council meetings.
6. CONSENT ITEMS
6.1 Consideration and Approval of the following City Council Meeting Minutes:
June 23, 2026 Closed Session
July 14, 2026 Closed Session
July 30, 2026 Closed Session
August 25, 2026 Closed Session
August 25, 2026 Workshop
Recommendation: Approve the Meeting Minutes of:
June 23, 2026 Closed Session
July 14, 2026 Closed Session
July 30, 2026 Closed Session
August 25, 2026 Closed Session
August 25, 2026 Workshop
6.2 Accept as Complete Various Improvements Related to the Atwell Specific Plan Development and Authorize a 90% Reduction of the Improvement Bonds and Exoneration of Monumentation Bonds
Recommendation: City Council accept as complete various improvements related to the Atwell Specific Plan Development and authorize a 90% reduction in the improvement bonds and exoneration of Monumentation Bonds.
6.3 Receive and File the Cash and Investments Report for the month of July 2026 Recommendation: That the City Council receive and file the Cash and Investments Report for the month of July 2026, in accordance with California Government Code Section 53646.
6.4 Consideration of Resolution 2026-115, Awarding Professional Services Agreements to CBRE, Inc., Santolucito Dore Group, Inc. and Epic Land Solutions for On-Call Real Property Appraisal Services in a Total Aggregate Not-to-Exceed Amount of $50,000, with Renewal Options, and Rejecting All Other Proposals
Recommendation: Adopt Resolution 2026-115
4 6.5 Consideration of Resolution 2026-123 for the FY 2025/2026 Health and Safety Code (HSC) 13146.4 Annual Inspection Report of Certain Occupancies Pursuant to Sections HSC 13146.2 and 13146.3
Recommendation: Adopt Resolution 2026-123
6.6 Consideration of Resolution 2026-124, a Resolution of the Banning City Council accepting Community Development Block Grant (CDBG) Funds for Fiscal Year 2026/2027 in the amount of $158,987.
Recommendation: Adopt Resolution 2026-124
The consent items (6.2 through 6.6) were presented for simultaneous approval. Public comment was opened for these items.
Frank Connolly commented on item 6.3, the financial investment report, defending the city's investment firm, Chandler, by noting that the City of Beaumont had also hired them. He suggested that Beaumont's success indicated the firm was not performing poorly for Banning, despite comments from the city treasurer.
The council then moved to vote on the consent items, which passed unanimously. Item 6.1, regarding the July 30th special session closed session minutes, was pulled by Mayor Pro Tem Barrington to correct an error in Councilmember Flynn's attendance record. A motion was made and passed to accept item 6.1 with the modification.
7. PUBLIC HEARINGS
8. REPORTS OF OFFICERS
9. DISCUSSION ITEMS
9.1 Discussion and Direction Regarding Provisions of Banning Municipal Code (BMC) Chapter
8.48 (Nuisances) That Address Overgrown Vegetation
Recommendation: Direct Staff to prepare a draft ordinance amending Chapter 8.48 of the Banning Municipal Code revising one or more of the issues discussed above and return to City Council for introduction and adoption; OR
Take no action and retain Chapter 8.48 in its current form.
City Manager, Elizabeth Gibbs presented a comprehensive overview of issues within Chapter 8.48 of the municipal code concerning vegetation management. She highlighted five key areas of overlap and concern: the duplication of provisions addressing dead, decayed, or hazardous vegetation, the lack of objective, measurable standards for enforcement (relying instead on descriptive language), the need to align with state law regarding defensible space requirements in high fire hazard areas, the complaint-driven nature of current enforcement versus a proactive annual weed and fire hazard abatement program, and the potential for current landscaping requirements to discourage droughttolerant native plants. Gibbs also pointed out the challenges of enforcing regulations on vacant or absentee-owned lots and the current penalty structure for vegetation nuisances. She proposed that the council consider directing staff to study consolidating overlapping provisions, explore objective standards, cross-reference state laws, evaluate a proactive abatement program, clarify landscaping language, strengthen enforcement on vacant lots, and revisit penalties for fire hazard vegetation. The council was presented with two options: direct staff to prepare a draft ordinance or take no action.
Councilmember Wallace expressed strong support for addressing the issues, citing years of concern about vacant lots and unkempt properties on the east side of town, emphasizing the need for improvement and consistent enforcement.
Mayor Pro Tem Barrington recalled a past postcard notification system for vacant lot owners and suggested its reinstatement as a reminder, agreeing that leaving enforcement to resident complaints is insufficient. Councilmember Miller proposed increasing the frequency of weed abatement notices beyond once a year, suggesting twice a year due to the varying rainy seasons and the year-round nature of fire seasons in California.
5 Mayor Royce opened Public Comments.
Frank Connolly spoke about the prevalence of out-of-state owners who neglect their properties and advocated for tax liens similar to waste management, as well as the need to recover costs. He also raised concerns about the responsibility for trees in parkways and the potential for lawsuits if dead branches fall.
Janita Diaz noted that some neglected properties belong to the city and that dried, sprayed weeds are not being cleaned up, leading to fire hazards. She also suggested that the city should set an example by maintaining its own properties and cleaning up sprayed vegetation.
A letter from John Hagan was read. He raised concerns regarding the city's enforcement of nuisance issues when city-owned properties are also in violation, specifically mentioning vacant lots overrun with tumbleweeds and areas becoming homeless encampments. Hagen also highlighted issues with street signage, particularly at the intersection of Ramsey and Highland Springs, calling it embarrassing and a poor representation of the city.
Council Member Flynn made a motion to accept Option A, which was seconded by Council Member Miller. The motion carried with a 5-0 vote, indicating council direction to proceed with amending Chapter 8.48.
9.2 Consideration of Resolution 2026-125, Awarding Professional Services Agreements to Spicer Consulting Group, LLC for Community Facility District and Tax Consulting Services in a Not-toExceed Amount of $526,000 for a Five-Year Term and Rejecting All Other Proposals Recommendation: Adopt Resolution 2026-125
Jennifer Terry, the Finance Director, presented a request to adopt Resolution 2026-125, awarding a five-year professional services agreement to Shane Spicer Group LLC for Community Facilities District (CFD) formation and tax consulting services, not to exceed $526,000. She explained that CFDs allow the city to levy special taxes to finance public facilities and enhance services, particularly for new developments, thereby reducing pressure on the general fund. The agreement also covers the administration of existing districts. The procurement process involved an RFP, receiving five responses, with four deemed responsive. Spicer Consulting Group LLC was selected for its highest overall ranking and best overall value. Terry clarified that while the total agreement amount is substantial, most costs would be borne by developers or existing districts, with only $23,000 from the general fund in year one for a public safety fiscal impact analysis and CFD formation.
Councilmember Wallace questioned the cost given the city's financial situation, and Terry explained how new development would generate revenue to offset impacts.
Shane Spicer elaborated on how establishing a CFD program, where "new growth pays for growth," is crucial. This involves determining the cost per unit for new residential developments to ensure adequate levels of service, including public safety and maintenance. Spicer highlighted that older Landscape Maintenance Districts (LMDs) face challenges with Proposition 218, and new districts often require general fund contributions. A sophisticated CFD program would annex new developments, both residential and commercial, into these districts to mitigate costs, preventing a drain on the general fund. These are pass-through costs for developers to fund services in perpetuity. Spicer emphasized that this tool can be used to negotiate better deals with developers, as developers themselves often use CFDs for infrastructure reimbursements. He clarified that while past developments cannot be retroactively charged, new developments can be conditioned to contribute, and projects seeking discretionary approvals can be negotiated for better city terms.
Shane Spicer explained that residential developments are limited to a two percent total tax rate, and the city can hold back a portion for services. Commercial developments could also offset landscape maintenance, pavement management, street sweeping, and streetlights. He also discussed how the city, as the lead agency, can negotiate a premium for public facility financing, which can be used for traffic signals, parks, or other community needs.
No public comments were received
6 Mayor Royce made a motion to adopt resolution 2026-125, seconded by Mayor Pro-Tem Barrington.
Motion carried and passed unanimously 5-0.
10. ITEMS FOR FUTURE AGENDAS
10.1 NEW ITEMS
1. Stagecoach Town USA discussion (Royce) August 2026
10.2 EXISTING ITEMS
1. Streamline Procurement Policy (Flynn) August 2025
2. Maintenance and replacement of street signs. (Flynn) March 2026
3. Rename the Arthur Welch Community Center back to the National Guard Armory (Flynn) April 2026
4. Smoke Shop Moratorium (Miller) April 2026
5. Special Event Fee Schedule and Permit Process Review (Miller) May 2026
6. Review and discussion of the Censure Policy to ensure conformance with the City of Banning Manual of Procedural Guidelines and the Banning Municipal Code (Flynn) June 2026 Council Member Flynn requested to add an item regarding the Brown Act changes, specifically the requirement for agendas to be translated into applicable languages if twenty percent or more of the population speaks a different language, as per SB 707, effective July 1, 2026. She proposed aligning Banning's protocols with this state law
Mayor Pro Tem Barrington noted that her item on emergency preparedness, which had been on the agenda since January of the previous year, had been dropped. City Manager, Gibbs stated she would bring that item forward.
11. ADJOURNMENT
Council Member Miller motioned to adjourn, Seconded by Mayor Pro Tem Barrington – Motion passed 5-0.
The meeting adjourned at 7:43 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/346?view_id=1&redirect=true