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AGENDA
CITY COUNCIL - REGULAR MEETING OF THE BANNING CITY COUNCIL
CITY OF BANNING, CALIFORNIA

August 27, 2024
5:00 p.m.
In Chambers
Council Chambers
99 E. Ramsey Street
Banning, CA 92220
 
The following information comprises the agenda 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.
Per City Council Resolution 2016-44, matters taken up by the Council before 10 p.m. may be concluded, but no new matters shall be taken up except upon a unanimous vote of the council members present and voting. Such an extension shall only be valid for one hour and each hour thereafter shall require a renewed action for the meeting to continue.

1.

CALL TO ORDER

 

1.1 INVOCATION
      Performed by Pastor Eric Biggers of Mission Church of God in Christ

 

1.2 PLEDGE OF ALLEGIANCE

 

1.3 ROLL CALL

2.

AGENDA APPROVAL

 

2.1 AGENDA APPROVAL

3.

PRESENTATIONS

 

3.1

Quarterly Small Business Recognition - Family Car Wash

 
Recommendation:

Staff respectfully recommends City Council recognize Family Car Wash, an exceptional small business within the City.

4.

REPORT ON CLOSED SESSION

 

Serita Young, City Attorney

5.

PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS

 

5.1 PUBLIC COMMENTS

 

5.2 CORRESPONDENCE

 

5.3 APPOINTMENTS

 

5.4 CITY COUNCIL COMMITTEE REPORTS

 

5.5 CITY MANAGER'S REPORT

 

5.6 CITY ATTORNEY'S REPORT

 

5.7 CITY TREASURER'S REPORT

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

Approval of the Meeting Minutes for the July 9, 2024 City Council Meetings

 
Recommendation:

Approve the minutes of the July 9, 2024 City Council Meetings.

6.2

Receive and File Accounts Payable and Payroll Warrants Issued in the Month of June 2024

 
Recommendation:

Receive and file the warrants for period ending June 30, 2024, per California Government Code Section 37208.

6.3

Receive and File Cash and Investments Report for the Month of June 2024

 
Recommendation:

That City Council receive and file Cash and Investment Report for June 2024 on this day, August 27, 2024, in accordance with California Government Code 53646. 

6.4

Receipts, Disbursements, & Fund Balances Reporting for Fiscal Year 2023-24, Period 12, June 2024, and Fiscal Year 2024-25, Period 1, July 2024

 
Recommendation:

Receive and file.

6.5

Receive and File Police Department Statistics for the Month of June and July 2024

 
Recommendation:

Receive and file

6.6

Receive and File Fire Protection Services Statistics for the Month of June and July 2024

 
Recommendation:

Receive and file

6.7

Public Works Capital Improvement Project Tracking List

 
Recommendation:

Receive and file.

6.8

Receive and File Code Enforcement Update and Statistics for the Months of June and July 2024

 
Recommendation:

Receive and file.

6.9

Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports for June and July 2024

 
Recommendation:

Receive and file

6.10

City Council Travel and Conference Expense Report Year to Date June 30, 2024

 
Recommendation:

Receive and file

6.11

Consideration of Resolution 2024-128, Approving the Acceptance of the Distribution of the 2023 Emergency Management Performance Grant (EMPG) Program Award

 
Recommendation:

Adopt Resolution 2024-128.

6.12

Consideration of Resolution 2024-129, Approving a Successor Memorandum of Understandings with the Banning Police Officers' Association, Representing All City Employees Eligible for Inclusion in the Police Unit, Effective March 28, 2024, Through March 27, 2027, and Authorizing the City Manager to Finalize and Execute a Successor Agreement

 
Recommendation:

Adopt Resolution 2024-129.

6.13

Consideration of Resolution 2024-130, Accepting a Donation from First Industrial, LP in the Amount of $2,500

 
Recommendation:

Adopt Resolution 2024-130.

6.14

Consideration of Resolution 2024-131, Accepting a Donation from Sun Lakes Charitable Trust in the Amount of $2,000

 
Recommendation:

Adopt Resolution 2024-131.

6.15

Consideration of Resolution 2024-132, Awarding A Professional Services Agreement for the Construction Management and Inspections Services of Charles Street and Lincoln Street Non-Potable Water Booster Stations and Reservoirs Project to TKE Engineering, Inc. in the amount of $910,880 and Approving a 10% Contingency for a Total Project Budget of “Not-to-Exceed” $1,001,968.

 
Recommendation:

Adopt Resolution 2024-132.

6.16

Consideration of Resolution 2024-133, Awarding a Professional Services Agreement to Albert A. Webb Associates in the amount of $79,700 for CEQA Related Biological and Paleontological Monitoring and Reporting During the Construction of Charles Street and Lincoln Street Non-Potable Water Booster Stations  

 
Recommendation:

Adopt Resolution 2024-133.

6.17

Consideration of Resolution 2024-134, Approving Amendment No. 1 to the Professional Services Agreement with Kimley-Horn and Associates, Inc. for an Additional Amount of $17,850 for Design of the Lions Park Non-Potable Water Irrigation Conversion

 
Recommendation:

Adopt Resolution 2024-134.

6.18

Consideration of Resolution 2024-135, Approving an Amendment to the GARDA CL West, Inc. Purchase Order (PO 031919) to Increase the Amount by $2,000.00 for a Total of $27,0000.00 for Fiscal Year 2024 Expenditures and Approving a New Purchase Order for GARDA CL West, Inc. to Use During Fiscal Year 2025 for an Amount Not to Exceed $30,000.00

 
Recommendation:

Adopt Resolution 2024-135.

6.19

Consideration of (1) Resolution 2024-136, Amending the Classification and Compensation Plan; and (2) Resolution 2024-137, Revising the Confidential Employee Benefit Plan

 
Recommendation:

Adopt Resolution 2024-136 and Resolution 2024-137.

6.20

Consideration of Resolution 2024-138, Approving an Amendment No. 2 to the Professional Services Agreement (C00853) with Eide Bailly for External Audit Services for Fiscal Year 2022-23 Cost Overruns in the Amount of $50,000 after 23 Percent Discount

 
Recommendation:

Adopt Resolution 2024-138.

6.21

Notification that The City is Changing its Availability Period from 60 Days to 90 Days for Eligible Revenues under the Modified Accrual Basis of Accounting

 
Recommendation:

Receive and file.

7.

PUBLIC HEARINGS

 

7.1

Consideration of Resolution 2024-140, Approving EA 24-0051, an Initial Study/Mitigated Negative Declaration for the Proposed Construction and Operation of a New Non-Potable Water Storage Reservoir that is 24-Feet in Diameter and 21-Feet Tall with a Capacity of Approximately 61,000 Gallons, Associated Appurtenances, Onsite Access Road, and the Construction and Operation of a New Booster Pump Station Designed for the Future Ultimate Flow of 2,500 Gallons Per Minute (GPM).  The Proposed Reservoir and Booster Station will be Located on a Portion of Accessor's Parcel Number (APN) 538-280-001 that is Approximately 7.51 Acres. The Project Site is Located on a City-Owned Property within the Open Space-Parks (OS-P) Zoning District and is Generally Located on the South Side of West Lincoln Street and East of 22nd Street, within the City of Banning, California; and Adopting a Mitigation Monitoring and Reporting Program for the Project

 
Recommendation:

Adopt Resolution 2024-140.

8.

REPORTS OF OFFICERS

 

8.1

Consideration of the Ring of Honor Selection Committee's Nomination to City Council to Place Arthur Lee "Art" Welch in the City of Banning's Ring of Honor

 
Recommendation:

Accept or reject the Ring of Honor Selection Committee's nomination of Arthur Lee "Art" Welch to the City's Ring of Honor.

8.2

Consideration of Resolution 2024-141, Expressing Support for Actions to Further Strengthen Local Democracy, Authority, and Control As Related to Local Zoning and Housing Issues

 
Recommendation:

Adopt Resolution 2024-141.

8.3

Consideration of Resolution 2024-142, Approving a Contract with American Legal Publishing, LLC (C01061) for a Municipal Code Update Project for a Term Ending on December 31, 2025, for Total Not-To-Exceed Amount of $50,000 to Conduct a Holistic Review and Update of the Municipal Code to Modernize the Code Utilizing Reader Friendly Text and Format, Eliminate Outdated and Redundant Provisions, Eliminate Inconsistencies and Contradictions, Simplify Code Provisions, and to Ensure Consistency and Compliance with Current State and Federal Law

 
Recommendation:

Adopt Resolution 2024-142.

8.4

City of Banning Fiscal Year 2022-23 Annual Comprehensive Financial Report (ACFR), Banning Utility Authority (BUA) FY 2022-23 Financial Statements, City of Banning FY 2022-23 GANN Limit Agreed Upon Procedures (AUP) Report, City of Banning FY 2022-23 Single Audit Report, and related Management Letters and Governance Letters

 
Recommendation:

Receive and file City of Banning Fiscal Year 2022-23 Annual Comprehensive Financial Report (ACFR), Banning Utility Authority (BUA) FY 2022-23 Financial Statements, City of Banning FY 2022-23 GANN Limit Agreed Upon Procedures (AUP) Report, City of Banning FY 2022-23 Single Audit Report, and related Management Letters and Governance Letters.

8.5

Consideration of Resolution 2024-143, Creating a Community Revitalization Investment Authority to Operate within the Community, and Making Certain Findings and Taking Certain Actions in Connection Therewith, and Resolution 2024-05 SA, Making Certain Findings Relating to the City of Banning's Creation of a Community Revitalization Investment Authority to Operate within the Community

 
Recommendation:

(1) That the Successor Agency adopt Resolution 2024-05 SA; and (2) That the City Council adopt Resolution 2024-143.

8.6

Consideration of the First Reading and Introduction of Ordinance 1606, Setting Salaries for City Council

 
Recommendation:

Conduct first reading of Ordinance 1606 and set second reading for September 10, 2024 Regular Meeting of the City Council.

9.

DISCUSSION ITEMS

 

9.1

Discussion of Proposed Amendments to Banning Municipal Code and Zoning Pertaining to Cannabis Businesses, Including the Possibility of Implementing an Urgency Ordinance/Moratorium

 
Recommendation:

Receive information and presentation from staff and public speakers; followed by discussion of the Council Members and direction to staff.

9.2

Discussion of the Banning Electric Utility Emergency Rate Increase Scenarios

 
Recommendation:

Discuss the different alternatives for a possible emergency electrical rate increase and provide direction to staff. 

9.3

Presentation and consideration of the Results of the Time Study and Associated Cost Analysis of the Itron Electric Meter Failures Due to Mesh Communication Issues that Resulted in Reprogramming and Replacing Impacted Electric Meters

 
Recommendation:

Receive and file presentation and provide direction to staff regarding seeking reimbursement from Itron for meter reprogramming and exchange costs.

9.4

Overview and Presentation of Industrial Development Projects in the City of Banning

 
Recommendation:

Receive, file, and discussion only

10.

ITEMS FOR FUTURE AGENDAS

 

10.1 NEW ITEMS

10.2 EXISTING ITEMS

  1. Grow Banning (Sanchez)
  2. Neighborhood Groups/Identities (Minjares)
  3. Update on Community Garden (Flynn)
  4. Zencity Contract (Flynn)
  5. Zoom Options for Public Meetings (Flynn)
  6. Developer Presentation for Sunset Crossroads Project (Flynn)
  7. City Manager Evaluation (Flynn)
  8. All Active Lawsuits against the City (Flynn)
  9. Map of All Warehouses (Current/Planned) Within the City (Flynn)

11.

ADJOURNMENT

 

Next Regular Meeting – September 10, 2024

AFFIDAVIT • DECLARACIÓN JURADA
IT IS HEREBY CERTIFIED under the laws of the State of California that the above agenda was posted on the City's website (www.banningca.gov) as well as the Bulletin Board at Banning City Hall, located at 99 E Ramsey Street, Banning, CA 92220, at least 72 hours in advance of the meeting.
Caroline Patton Signature
__________________________
Caroline Patton, Administrative City Clerk
Secretario adjunto de la ciudad
PUBLIC NOTICE • NOTICIA PÚBLICA
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Public Comment
Agenda Items
Any member of the public may address this meeting of the City Council on any item appearing on the agenda. A five-minute limitation shall apply to each member of the public and no member of the public shall be permitted to share their time with any other person.

Non-Agenda Items
Any member of the public may address this meeting of the City Council on any item which does not appear on the regular meeting agenda but is of interest to the general public and is an item upon which the City Council may act. A three-minute limitation shall apply to each member of the public and no member shall be permitted to share their time with any other person. No action shall be taken, nor discussion held by the City Council, on any item which does not appear on the agenda, unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of §54954.2 of the Government Code.
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In compliance with the Americans with Disabilities Act, any member of the public may request that the agenda and agenda packet be mailed to them. If you need special assistance to participate in this meeting (such as translation services), please contact the City Clerk's Office. Advanced notification of at least 48 hours prior to the meeting will allow the city to make arrangements to ensure your accessibility.
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CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | CityClerks@banningca.gov
99 East Ramsey Street, Banning, California 92220