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

February 13, 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.

TELECONFERENCE LOCATION

Council Member Flynn will be participating from a remote location: 16680 Compass Circle, Yorba Linda 92886. Members of the public are invited to attend at this location.

1.

CALL TO ORDER

 

        1.1. INVOCATION

               Performed by Pastor Todd Oldenburg

        1.2. PLEDGE OF ALLEGIANCE

        1.3. ROLL CALL

2.

AGENDA APPROVAL

 

         2.0. AGENDA APPROVAL

3.

PRESENTATIONS

 

3.1

Proclamation for American Heart Month

 
Recommendation:

Proclaim February 2024 American Heart Month.

3.2

Proclamation for Black History Month

 
Recommendation:

Proclaim February 2024 Black History Month.

3.3

Proclamation for National Engineers Week

 
Recommendation:

Proclaim February 18-24, 2024 Engineers Week.

3.4

Quarterly Small Business Recognition - Donut De-Lite

 
Recommendation:

Staff respectfully recommends City Council recognize Donut De-Lite, 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 January 9, 2024 City Council Meetings

 
Recommendation:

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

6.2

Accounts Payable and Payroll Warrants Issued in the Month of December 31, 2023

 
Recommendation:

Review and ratify the warrants for period ending December 31, 2023, per California Government Code Section 37208.

6.3

Receive and File Cash and Investments Report for the Month of December 2023

 
Recommendation:

That City Council receive and file Cash and Investment Report for December 2023 on this day, February 13, 2024, in accordance with California Government Code 53646. 

6.4

Receipts, Disbursements, & Fund Balances Reporting for November and December 2023 and Fiscal Year 2022-23 and 2023-24 Year-To-Date

 
Recommendation:

Receive and file Receipts, Disbursements, & Fund Balances Reporting for November and December 2023 and Fiscal Year 2022-23 and 2023-24 Year-To-Date Interactive Report.

6.5

Receive and File Police Department Statistics for the Month of December 2023

 
Recommendation:

Receive and file Police Department statistics for the month of December 2023.

6.6

Receive and File Fire Protection Services Statistics for the Month of December 2023 and Annual Report for 2023

 
Recommendation:

Receive and File Fire Department statistics for the month of December 2023 and the Annual Report for 2023.

6.7

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

 
Recommendation:

Receive and file contracts approved under the City Manager’s signature authority of $25,000 or less and inventory reports.

6.8

Receive and File Code Enforcement Update and Statistics for the Month of December 2023

 
Recommendation:

Receive and File Code Enforcement Update and Statistics  for the Month of December, 2023.

6.9

Parks and Recreation Report of Monthly activities through the 2nd quarter of Fiscal Year 2023/2024 – December 2023

 
Recommendation:

That the City Council receive and file the monthly activities report for December 2023.

6.10

Consideration of Amendment No. 1 to the Purchase Order with Couts Heating and Cooling, Inc. of Corona, California for As-Needed HVAC services for City of Banning facilities in the amount of $15,000 for a total purchase order of $40,000

 
Recommendation:

Staff recommends that the City Council:

  1. Approve Amendment No. 1 to the purchase order with Couts Heating and Cooling of Corona, Inc. of Corona, California for as-needed HVAC services for City of Banning facilities in the amount of $15,000 for a total purchase order of $40,000.
  2. Authorizes the City Manager or designee to make necessary budget adjustments, appropriations, and transfers related to Amendment No. 1 to the purchase order with Couts Heating and Cooling, Inc. for as-needed HVAC services.
  3. Authorizes the City Manager to execute Amendment No. 1 to the purchase order.

6.11

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

 
Recommendation:

Staff recommends that City Council accept as complete various public improvements related to the Atwell Specific Plan Development and authorize the 90% exoneration of those bonds covering those public improvements.

6.12

Consideration of Resolution 2024-16, Approving Community Development Block Grant Consolidated Plan Needs Assessment for 2024-2029

 
Recommendation:

Staff recommends Council adopt Resolution 2024-16, Approving the Community Development Block Grant (“CDBG”) Consolidated Plans Needs Assessment for 2024-2029.

6.13

Consideration of Resolution 2024-17, Approving Amendment No. 2 to the Professional Services Agreement with CASC Engineering and Consulting, Inc. for an Additional Amount of $50,324.36 for the Design of the San Gorgonio Avenue and Railroad At-Grade Crossing Safety Improvements

 
Recommendation:

Staff recommends that the City Council adopt Resolution 2024-17.

6.14

Consideration of Resolution 2024-18, Approving an Updated Service Plan for Banning Connect Transit Services

 
Recommendation:

Staff recommends that City Council adopt Resolution 2024-18.

6.15

Consideration of Resolution 2024-19, Approving the Reprogramming of Community Development Grant (CDBG) Funds for FY 2024-2025 in the Amount of $30,000 from Fire Station #89 to the Dysart Park Bleacher Project

 
Recommendation:

Staff recommends adoption of Resolution 2024-19, approving the reprogramming of CDBG funds for FY 2024-2025 in the amount of $30,000 from Fire Station #89 to the Dysart Park Bleacher Project.

6.16

Consideration of Resolution 2024-20, Authorizing the Acceptance of the Donation of Three (3) BMW Police Motorcycles from the City of Riverside Police Department. 

 
Recommendation:

City staff recommends that the City Council adopt Resolution 2024-20.

6.17

Consideration of Resolution 2024-21, Initiating Proceedings to Update Landscape Maintenance District No. 1 for Fiscal Year 2024/2025

 
Recommendation:

Staff recommends that City Council adopt Resolution 2024-21, initiating proceedings to update Landscape Maintenance District No. 1 for Fiscal Year 2024/2025 in order to prepare the assessments of the area.

6.18

Consideration of Resolution 2024-22, Approving the Purchase of 50 Motorola APX NEXT Radios and Accessories

 
Recommendation:

Staff recommends the City Council adopt Resolution 2024-22.

6.19

Consideration of Resolution 2024-23, Approving the Sole-Sourced Emergency Site Clean-up, Damaged Equipment Removal, Environmental Site Remediation and Security Guard Services Due to a Vandalism Fire at the Electric Utility’s Alola Substation at an Updated Total Expense of $382,206.57

 
Recommendation:

Staff recommends that the City Council adopt Resolution 2024-23. 

6.20

Consideration of Resolution 2024-24, Approving the "Amended and Restated City of Banning Fee Agreement with Thompson Coburn LLP For Special Counsel Services” for an 8% Annual Increase in Hourly Legal Rates and to Update, Restate, and Amend Obsolete Provisions in the Agreement

 
Recommendation:

Staff recommends that the City Council adopt Resolution 2024-24.

6.21

Consideration of Resolution 2024-26, Approving SATEC ExpertPower Software-as-a-Service (SaaS) Agreement

 
Recommendation:

City staff recommends that the City Council adopt Resolution 2024-26.

6.22

Consideration of Resolution 2024-28, Approving an InfoSend Master Service Agreement to Provide Data-Processing, Printing, and Mailing Services for Utility Billing

 
Recommendation:

City staff recommends that the City Council adopt Resolution 2024-28, renewing a contract with InfoSend with an initial 3-year term and two (2) consecutive (1) year term renewal options with InfoSend for data-processing, printing, and mailing services related to Utility Billing and community outreach.  

6.23

Consideration of WSPP Agreement/Confirmation between the City of Banning and the City of Burbank, CA for the Sale of Project Energy Bundled with the Associated Renewable Energy Credits (RECs)

 
Recommendation:

Staff recommends that the City Council approve the proposed WSPP Agreement/Confirmation between the City of Banning and the City of Burbank, CA for the sale of project energy bundled with the associated Renewable Energy Credits (RECs), and authorize the City Manager to execute the WSPP Agreement/Confirmation on behalf of City Council. 

6.24

Second Reading and Adoption of Ordinance 1599, an Ordinance of the City of Banning, California, Amending Table B (Public Safety Services) of Section 3.36.080 (Schedule of Fees and Service Charges) of Chapter 3.36 (Fee and Service Charge Revenue/Cost Comparison) of Title 3 (Revenue and Finance) of the Banning Municipal Code to Add References to Fees and Charges for Fire Inspections of Existing Businesses and Operational Fire Permits, and Making a Determination of Exemption from the California Environmental Quality Act

 
Recommendation:

Staff recommends that the City Council adopt Ordinance 1599.

7.

PUBLIC HEARINGS

 

7.1

Consideration and Introduction of Ordinance 1600, Amending the High Density Residential (HDR) and Very High Density Residential (VHDR) Zoning Districts by Amending the Definitions in Sections 17.08.010.B.8 and 17.08.010.B.11, Amending  Existing Permitted Uses and Adding New Permitted and Conditionally Permitted Uses for the Very High Density Residential Zone in Section 17.08.020, and Adding Residential Development Standards for the Very High Density Residential Zone in Section 17.08.030 (Chapter 17.08, Articles I & Ii); And Amending Commercial Zoning Districts (Chapter 17.12, Articles I & II) by Adding New Permitted and Conditionally Permitted Uses to Table 17.12.020 of the City of Banning Municipal Code (BMC) Allowing Special Needs Housing As Required Pursuant to Programs Contained in the 6th Cycle Housing Element and State Housing Law; And Making a Determination of Exemption From the California Environmental Quality Act

 
Recommendation:

Staff recommends that the City Council waive full reading and introduce, as read by title only, Ordinance 1600, An Ordinance of the City of Banning, California, Amending the High Density Residential (HDR) and Very High Density Residential (VHDR) zoning districts by amending the definitions in Sections 17.08.010.B.8 and 17.08.010.B.11 of the Banning Municipal Code (BMC); Adding new Permitted and Conditionally permitted uses for the VHDR zone in Section 17.08.020 BMC; Adding Residential development standards for the VHDR zone in Section 17.08.030 BMC; and Amending Commercial Zoning Districts by Adding new Permitted and Conditionally Permitted Uses to Section 17.12.020 BMC allowing special needs housing as required by Programs contained in the recently adopted 6th Cycle Housing Element; and make a determination that the project is exempt from the California Environmental Act (CEQA) pursuant to Section 15061(b)(3) because it can be seen with certainty there is no possibility these amendments may have a significant effect on the environment, and direct Staff to file a Notice of Exemption for the project.

8.

REPORTS OF OFFICERS

 

8.1

Consideration and Introduction of Ordinance 1597, Establishing Regulations Governing the Possession of Catalytic Converters, and Amending Title 9 of the Banning Municipal Code

 
Recommendation:

A motion waiving full reading and introducing, as read by title only, Ordinance 1597, establishing regulations governing the possession of catalytic converters, and amending Title 9 of the Banning Municipal Code.

8.2

Consideration and Introduction of Ordinance 1598, Adding a New Chapter 1.32 to Title 1 of the Banning Municipal Code and Amending Other Sections of the Banning Municipal Code to Create and Implement a Comprehensive Cost Recovery Program for All Nuisance Abatement Actions, and Making a Determination of Exemption under CEQA pursuant to CEQA Guidelines 15060(c)(2)(3) and 15061(b)(3)

 
Recommendation:

Waive full reading and introduce, as read by title only, Ordinance 1598. An Ordinance of the City of Banning, California, Adding a New Chapter 1.32 to Title 1 of the Banning Municipal Code and Amending Other Sections of the Banning Municipal Code to Create and Implement a Comprehensive Cost Recovery Program for All Nuisance Abatement Actions.

8.3

Consideration of Resolution 2024-01 SA, Approving the Establishment of Recognized Obligation Payment Schedule (ROPS) 24-25 A and B for the Period of July 2024 through June 2025 and Approving Certain Related Actions

 
Recommendation:

Staff recommends that the Successor Agency adopt Resolution 2024-01 SA.

8.4

Consider of Stagecoach Days Memorandum of Understanding (MOU) 

 
Recommendation:

A motion to notify Stagecoach Days Association of the City's intent to extend the current MOU for one year with a termination date of June 21, 2025. A second motion directing the City Manager to work with the Stagecoach Days Association President to negotiate a new MOU that will be effective June 22, 2025, upon City Council approval.

8.5

Consideration of Resolution 2024-25, Creating a Community Revitalization Investment Authority to Operate within the Community, and Making Certain Findings and Taking Certain Actions in Connection Therewith, and Resolution 2024-02 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 2024-02 SA; and

2) That the City Council adopt Resolution 2024-25.

8.6

Consideration and Adoption of Resolution 2024-27, A Resolution of the City Council of the City of Banning, California, Authorizing a Waiver of Fees in an Amount Not to Exceed $20,000 for Habitat-for-Humanity of the San Gorgonio Pass, Associated with the Processing of a Tentative Parcel Map (TPM) on Three Parcels Located at the Southwest Corner of W. Wilson Street and N. 8th Street in the City of Banning (APNs: 540-033-045, -046, and -047)

 
Recommendation:

City staff recommends that the City Council adopt Resolution 2024-27.

9.

DISCUSSION ITEMS

 

9.1

Discussion of Policy to Prohibit Use of Personal Cell Phones on Dais During Meetings

 
Recommendation:

A motion directing the City Manager to prepare a policy prohibiting the use of personal cell phones on the dais during public meetings.

9.2

Discuss Adding a City of Banning Identifier to the San Gorgonio Avenue Overpass

 
Recommendation:

Discuss adding a City of Banning identifier to the San Gorgonio Avenue Overpass and provide direction to staff.

10.

ITEMS FOR FUTURE AGENDAS

 

            10.1. NEW ITEMS

            10.2. EXISTING ITEMS

  1. Grow Banning (Sanchez)
  2. Potential Grants to Fund Playhouse Bowl Improvements (Sanchez)
  3. Food Desert Zoning Overlay (Minjares)
  4. Beautification of San Gorgonio Overpass Funding (Gonzales)
  5. Scope and Duties of the Budget and Finance Committee (Wallace)
  6. Neighborhood Groups/Identities (Minjares)
  7. Update on Community Garden (Flynn)
  8. Public Notification Policy for Development Projects (Flynn)
  9. Donation Policy (Flynn)
  10. Zencity Contract (Flynn)
  11. Cannabis Ordinance/Moratorium (Flynn)
  12. Use of Personal Cell Phones on Dais (Flynn)
  13. Zoom Options for Public Meetings (Flynn)
  14. Ring of Honor Committee (Minjares)

11.

ADJOURNMENT

 

Next Regular Meeting – February 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
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City Clerk's Office | 951-922-3102 | CityClerks@banningca.gov
99 East Ramsey Street, Banning, California 92220