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

July 9, 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 Reverend Dr. James Baylark of First Community Baptist Church

 

1.2 PLEDGE OF ALLEGIANCE

 

1.3 ROLL CALL

2.

AGENDA APPROVAL

 

2.1 AGENDA APPROVAL

3.

PRESENTATIONS

 

3.1

Proclamation - Parks and Recreation Month

 
Recommendation:

Proclaim July 2024 as Parks and Recreation Month

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

Designation of Voting Delegate and Alternate for the 2024 League of California Cities (Cal Cities) Annual Conference

Recommendation:

Staff respectfully recommend City Council appoint a single voting delegate and alternate for the 2024 League of California Cities (“Cal Cities”) Annual Conference.

       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 June 25, 2024 City Council Meetings

 
Recommendation:

Approve the minutes of the June 25, 2024 City Council Meetings.

6.2

Consideration of Resolution 2024-113, a Resolution of the City Council of the City of Banning, California, Setting Aside and Vacating its Previous Approval of Tentative Parcel Map No. 38164, Approval of Design Review 21-7008 and Denial of the Appeal of the Planning Commission’s Approval of Design Review 21-7008, and Adoption of an Addendum, All in Connection with the Banning Point Project, Doing so in Compliance with the Peremptory Writ of Mandate that Requires the City Council to Set Aside and Vacate those Decisions, and Rescinding City Council Resolution 2022-14

 
Recommendation:

Adopt Resolution 2024-113.

6.3

Consideration of Resolution 2024-115, Awarding a Citywide Professional Services Agreement for As Needed Public Relations and Community Outreach Consulting Services in the amount of $295,000 for Three (3) Year Agreement with DeGrave Communications Inc.

 
Recommendation:

Adopt Resolution 2024-115.

6.4

Consideration of Resolution 2024-116, Approving the Award of Contract for Roadway and Storm Drain Asset Collection and Analysis with Roadway Asset Services of Austin, Texas for Fiscal Year 2024/2025 in the Amount of $302,082

 
Recommendation:

Adopt Resolution 2024-116.

6.5

Consideration of Resolution 2024-117, Approving an Exclusive Negotiating Agreement with Investel Development LLC for City-Owned Real Property Located at 150 E. Ramsey Street, Banning (APNs 541-181-032, 541-181-033, 541-181-034, AND 541-181-035)

 
Recommendation:

Adopt Resolution 2024-117.

6.6

Consider Resolution 2024-118, Rescinding its Adoption of Resolution 2024-66, and Approving an Office Lease with Riverside County on Behalf of the Emergency Management Department for Office Space within the Armory Located at 2041 W. Nicolet St. to be used by the Radio Amateur Emergency Service (RACES)

 
Recommendation:

Adopt Resolution 2024-118.

6.7

Consideration of Resolution 2024-119, Awarding a Professional Services Agreement for the Design of Traffic Signal Hardware Upgrade at 17 Intersections to STC Traffic, Inc. in the amount of $74,760 and Approving a 10% Contingency for a Total Project Budget of “Not-to-Exceed” $82,236

 
Recommendation:

Adopt Resolution 2024-119.

6.8

Consideration of Resolution 2024-120, Approving and Authorizing Submittal of California Emergency Management Agency Form to California Office of Emergency Services Form 130 Designating Personnel to Act As the Agent for the City When Seeking Financial Assistance After a Disaster

 
Recommendation:

Adopt Resolution 2024-120.

6.9

Consideration of Resolution 2024-121, Approving a Deposit/Reimbursement Agreement with NP Banning Industrial, LLC

 
Recommendation:

Approve Resolution 2024-121.

6.10

Consideration of Resolution 2024-122, Adopting Administrative Policy, Risk Management (RM) #6 - A Workplace Violence Prevention Plan

 
Recommendation:

Adopt Resolution 2024-122.

6.11

Consideration of Resolution 2024-123, Approving the Line Extension Reimbursement Agreement Between the City of Banning and Robertson’s Ready Mix, LTD

 
Recommendation:

Adopt Resolution 2024-123.

6.12

Consideration of Resolution 2024-124, Awarding a Contract with Pinnacle Petroleum Inc. for Unleaded and Diesel Bulk Fuel Services in the Amount of $500,000

 
Recommendation:

Adopt Resolution 2024-124.

6.13

Consideration of Resolution 2024-125, Approving A Successor Memorandum of Understandings with the Teamsters Local 1932, Representing the Association of Mid-Management and Professional Employees, Effective July 1, 2022, through June 30, 2024, and Authorizing the City Manager to Finalize and Execute a Successor Agreement

 
Recommendation:

Adopt Resolution. 2024-125.

6.14

Consideration of Resolution 2024-06 UA, Adopting the City of Banning's Sanitary Sewer Management Plan 

 
Recommendation:

Adopt Resolution 2024-06 UA.

6.15

Second Reading and Adoption of Ordinance 1605, Amending Table 17.08.020 of Section 17.08.020 of Article I of Chapter 17.08 of Division II of Title 17 of the City of Banning Municipal Code to Clarify that Affordable Housing Uses are Permitted by Right and are not Subject to Discretionary Action in Specified Zoning Districts as Required by State Law; and Making a Determination of Exemption from the California Environmental Quality Act

 
Recommendation:

Conduct second reading and adopt Ordinance 1605.

6.16

Accept as Complete Various Improvements Related to the Atwell Specific Plan Development and Authorize the 90% Bond Exoneration

 
Recommendation:

City Council accept as complete various improvements related to the Atwell Specific Plan Development and authorize the 90% bond exoneration.

6.17

Butterfield Specific Plan Project (“Atwell”) Annual Development Agreement Review for 2024

 
Recommendation:

Receive and file the annual review of the Development Agreement for the Butterfield Specific Plan Project being developed by Tri Pointe Homes as the Atwell Master Planned Community, ensuring that the developer is proceeding in good faith and in accordance with Section 12.1 of the Development Agreement and Government Code Section 65865.1.

6.18

City Attorney Annual Consumer Price Index (CPI) Adjustment 

 
Recommendation:

A motion approving annual rate increase in excess of 3% for Legal Services Agreement with Richards, Watson & Gershon. 

6.19

Consideration of Resolution 2024-126, Declaring the Intent of the City to be Reimbursed for Certain Capital Expenditures from the Proceeds of Indebtedness

 
Recommendation:

Approve Resolution 2024-126.

6.20

Consideration of Resolution 2024-127, Approving the purchase of a 2024 Chevrolet Silverado and All Needed Up Fitting Using PACT Funds in an Amount Not to Exceed $97,250.00

 
Recommendation:

Adopt Resolution 2024-127.

7.

PUBLIC HEARINGS

 

7.1

Consideration of Resolution 2024-114, (1) Approving Tentative Parcel Map No. 38164, Allowing the Subdivision of Approximately 47 Gross Acres of Vacant Land Into Three Parcels; (2) Affirming the Planning Commission’s Approval of Design Review No. 21-7008 and Denying an Appeal of that Decision and Permitting the Construction of a Proposed 619,959 Square Foot Industrial Warehouse Building, including 10,000 Square Feet of Office Space and a Combined 34,000 Square Feet of Retail/Commercial Buildings, on Real Property Located within the Boundaries of the Sun Lakes Village North Specific Plan Area (APN: 419-140-057); and (3) Adopting an Addendum under the California Environmental Quality Act (CEQA) and Making Findings in Support Thereof, Including Findings of Consistency with the Certified Environmental Impact Report Prepared for Amendment No. 5 to the Sun Lakes Village North Specific Plan (SCH # 2020029074)

 
Recommendation:

Adopt Resolution 2024-114.

8.

REPORTS OF OFFICERS

 

9.

DISCUSSION ITEMS

 

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. Closed Session: Lawsuit against the City (Flynn)

  9. All Active Lawsuits against the City (Flynn)
  10. Map of All Warehouses (Current/Planned) Within the City (Flynn)

11.

ADJOURNMENT

 

Next Regular Meeting – August 27, 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.
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