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

December 10, 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 the City of Banning Manual of Procedural Guidelines, matters taken up by the Council before 10 p.m. may be concluded, but no new matters shall be taken up except upon a majority 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 Reverend Dr. James Baylark of First Community Baptist Church

 

1.2 PLEDGE OF ALLEGIANCE

 

1.3 ROLL CALL

2.

COUNCIL REORGANIZATION

 

2.1

Consideration of Resolution 2024-187, Reciting the Facts of the Consolidated General Election Held in the City of Banning on November 5, 2024 and Declaring the Results and Other Related Matters as Provided by Law

 
Recommendation:

Adopt Resolution 2024-187.

2.2

Recognition of Outgoing Elected Officials

 
Recommendation:

Recognize outgoing elected officials for their service to the City.

2.3

Swearing In of Newly Elected Officials

 
Recommendation:

The Administrative City Clerk will swear in the newly elected pubic officials.

2.4

Annual City Council Reorganization

 
Recommendation:

Staff respectfully recommend City Council appoint one of its members as Mayor and a second as Mayor Pro Tem to serve for a period of one year.

3.

AGENDA APPROVAL

 

3.1 AGENDA APPROVAL

4.

PRESENTATIONS

 

5.

PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS

 

       5.1 PUBLIC COMMENTS

       5.2 CORRESPONDENCE

       5.3 APPOINTMENTS

Planning Commission Special Vacancies Interviews and Appointments to Positions 1, 2, and 3

Recommendation:

Conduct interviews to fill Planning Commission vacancies and appoint up to three (3) members to three (3) special vacancies on the Commission for Positions 1, 2, and 3.

       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 November 12, 2024 City Council Meetings

 
Recommendation:

Approve the minutes of the November 12, 2024 City Council Meetings.

6.2

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

 
Recommendation:

Receive and file the warrants for period ending October 31, 2024, per California Government Code Section 37208.

6.3

Cash and Investments Report for the Month of October 2024

 
Recommendation:

Receive and file Cash and Investment Report for October 2024 on this day, November 19, 2024, in accordance with California Government Code 53646. 

6.4

Receipts, Disbursements, & Fund Balances Reporting for Fiscal Year 2024-25, Period 4, October 2024

 
Recommendation:

Receive and file Receipts, Disbursements, & Fund Balances Reporting for Fiscal Year 2024-25, Period 4, October 2024.

6.5

Receive and File Police Department Statistics for the Month of October 2024

 
Recommendation:

Receive and file.

6.6

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

 
Recommendation:

Receive and File

6.7

Code Enforcement Update and Statistics for the Month of October 2024

 
Recommendation:

Receive and file.

6.8

City Council Travel and Conference Expense Report Year to Date Through October 31, 2024

 
Recommendation:

Receive and File.

6.9

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

 
Recommendation:

Receive and File.

6.10

Receive and File Parks and Recreation Report of Monthly Activities through the 1st Quarter of Fiscal Year 2024/2025 – September 2024

 
Recommendation:

Receive and file.

6.11

Consideration of Resolution 2024-06 SA, Approving the Establishment of Recognized Obligation Payment Schedule (ROPS) 25-26 A and B for the Period of July 2025 through June 2026 and Approving Certain Related Actions

 
Recommendation:

Adopt Resolution 2024-06 SA.

6.12

Consideration of Resolution 2024-188, Approving Amendment No. 1 to the Design-Build Agreement with EFS West for the Compressed Natural Gas Fueling Station for an Additional Amount of $260,549 for a Standby Diesel Generator

 
Recommendation:

Adopt Resolution 2024-188.

6.13

Consideration of Resolution 2024-189, Adopting the Water Supply Verification for Tentative Tract Map 37388 (Atwell Phase 2B)

 
Recommendation:

Adopt Resolution 2024-189.

6.14

Consideration of Resolution 2024-190, Approving Final Tract Maps 37388, 37388-7, and 37388-8 and Release the Maps for Recordation; Authorize Staff to Sign the Subdivision Improvement Agreements and Final Tract Maps; Accept Faithful Performance and Labor Bonds for Public Improvements

 
Recommendation:

Adopt Resolution 2024-190.

6.15

Consideration of Resolution 2024-191, Approving the Restatement of the City of Banning Section 125 Cafeteria Plan

 
Recommendation:

Adopt Resolution 2024-191.

6.16

Consideration of Resolution 2024-192, Approving an Amendment to the Construction Services Contract with Electric Power Systems International, Inc. in the Amount of $9,220 Related to the San Gorgonio Substation 12kV Extension Project

 
Recommendation:

Adopt Resolution 2024-192.

6.17

Consideration of Resolution 2024-193, Amending the Classification & Compensation Plan for the City of Banning

 
Recommendation:

Adopt Resolution 2024-193.

6.18

Consideration of Resolution 2024-194, Approving A Successor Memorandum of Understanding with the Teamsters Local 1932, Representing the Association of Mid-Management and Professional Employees, Effective July 1, 2024, through December 31, 2026, and Authorizing the City Manager to Finalize and Execute a Successor Agreement

 
Recommendation:

Adopt Resolution 2024-194.

6.19

Consideration of Resolution 2024-195, Approving A Successor Memorandum of Understanding with the International Brotherhood of Electrical Workers (IBEW) Local 47 Representing the General Unit Employees, Effective July 1, 2024, through December 31, 2026, and Authorizing the City Manager to Finalize and Execute a Successor Agreement

 
Recommendation:

Adopt Resolution 2024-195.

6.20

Authorize the City Manager to Sign the Notice of Completion for Project No. 2024-01, “Citywide Street Overlay” as Complete and Direct the City Clerk to Record the Notice of Completion

 
Recommendation:

Authorize execution of the Notice of Completion.

6.21

Accept an Easement from Tri Pointe Homes for Electric Utility Purposes on Accessor’s Tract Map Nos. 37388-1 Raintree Place, 37389-3 PA 29, and 37388-2 PA 15B, within the Atwell Development for the Maintenance of the City-Owned Electric Distribution System

 
Recommendation:

Staff recommends that City Council accept an easement from Tri Pointe Homes for electric utility purposes for Tract Map Nos. 37388-1 Raintree Place, 37389-3 PA 29, 37388-2 PA 15B within the Atwell Development for the maintenance of the City-owned electric distribution system.

7.

PUBLIC HEARINGS

 

7.1

Consideration of Introduction and First Reading of Ordinance 1607, Amending Chapter 15.76 of the Banning Municipal Code to Update the City's Participation in the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program, Consideration and Adoption of Resolution 2024-196, Approving a TUMF Nexus Study to Amend the TUMF Schedule that is Applicable to Development Projects in Banning Pursuant to the Mitigation Fee Act, and Making a Determination of Exemption Under the California Environmental Quality Act

 
Recommendation:
  1. Waive full reading and introduce by title only Ordinance 1607 and determine this action is exempt under CEQA
  2. Adopt Resolution 2024-196, approving a TUMF Nexus Study to amend the TUMF schedule and determine this action is exempt under CEQA

8.

REPORTS OF OFFICERS

 

8.1

Selection of Firm to Conduct a Citywide Forensic Investigation as the City Council Chosen Finalist from the Request for Proposals for Citywide Forensic Investigation Services and Direct Staff to Bring a Negotiated Contract with Finalist to Council in January 2025

 
Recommendation:

Select a finalist for the completion of the Citywide Forensic Investigation and allow staff to negotiate a contract to bring to Council in January.

8.2

Consideration of Resolution 2024-197, Awarding a Professional Services Agreement to Webb Municipal Finance, LLC for Municipal Assessments Services to Reinstate County Service Area 152, National Pollutant Discharge Elimination System Stormwater Assessment in the amount of $19,650 Including a 10% Contingency, and Updating the City Council on Public Outreach Efforts related to the Reinstatement of the County Service Area 152 Stormwater Assessment

 
Recommendation:

Adopt Resolution 2024-197.

8.3

Consideration of Resolution 2024-198, Approving Amendment No. 3 to the Professional Services Agreement with Engineering Resources of Southern California for an additional $1,000,000 for Plan Check, Inspections and Related Administrative Services 

 
Recommendation:

Adopt Resolution 2024-198.

8.4

Consideration of Resolutions 2024-199 and 2024-08 UA, Authorizing Overnight Loans from June 30, 2024, Until July 1, 2024, from the Water and Wastewater Enterprise Funds to Cover Governmental Funds Negative Cash at Fiscal Year End in the Amounts of $1,050,000 and $50,000, Respectively

 
Recommendation:

Adopt Resolutions 2024-199 and 2024-08 UA.

8.5

Receive and File Corrected Police Statistics for 2024 Year-to-Date

 
Recommendation:

Receive and File.

9.

DISCUSSION ITEMS

 

10.

ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS

 

11.

ITEMS FOR FUTURE AGENDAS

 

11.1 NEW ITEMS

11.2 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. Increased Compensation for City Treasurer and City Clerk (Flynn)
  10. SEC Determination on Bitcoin (Happe)
  11. Public Benefits Fund for Water Utility (Happe)

11.1

City Attorney Performance Evaluation

 
Recommendation:

Determine, by consensus, if discussion of City Attorney Performance Evaluation should be added to the January 14, 2025, Closed Session agenda.

12.

CLOSED SESSION

 

12.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION

        Pursuant to Government Code section 54957(b)(1)

        Title: City Manager

 

12.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

        Potential Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9

        (One Case)

        Renewal of Tolling Agreement re: Potential Claim by City Against Southern California Edison

        for failure to make repairs to the Flume and the failure to maintain delivery of water through

        the Flume to the City

13.

REPORT ON CLOSED SESSION

 

Serita Young, City Attorney

14.

ADJOURNMENT

 

Next Regular Meeting – January 14, 2025

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
Meeting Agendas and Notices
Interested in receiving email and/or text notifications of upcoming City Council meetings? Sign up for meeting notifications through the City's website. Pursuant to amended Government Code §54957.5(b), staff reports and other public records related to open session agenda items are available on the City's website (www.banningca.gov/).
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.
Special Assistance/Accessibility Requests
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.
¿Necesita servicios de traducción para participar? Contacto Oficina del Secretario de la Ciudad.
CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | CityClerks@banningca.gov
99 East Ramsey Street, Banning, California 92220