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

February 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 Reverend Dunn

 

1.2 PLEDGE OF ALLEGIANCE

 

1.3 ROLL CALL

2.

AGENDA APPROVAL

 

2.1 AGENDA APPROVAL

3.

PRESENTATIONS

 

3.1

Proclamation for Women's History Month

 
Recommendation:

Proclaim March 2024 Women's History 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

 

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 February 6 and 13, 2024 City Council Meetings

 
Recommendation:

Approve the minutes of the February 6 and 13, 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

Accounts Payable and Payroll Warrants Issued in the Month of January 31, 2024

 
Recommendation:

Review and ratify the warrants for period ending January 31, 2024, per California Government Code Section 37208.

6.4

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

 
Recommendation:

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

6.5

Receipts, Disbursements, & Fund Balances Reporting for January 2024 and Fiscal Year 2022-23 and 2023-24 Year-To-Date

 
Recommendation:

Receive and file Receipts, Disbursements, & Fund Balances Reporting for January 2024 and Fiscal Year 2022-23 and 2023-24 Year-To-Date Interactive Report.

6.6

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

 
Recommendation:

Receive and file Police Department statistics for the month of January 2024.

6.7

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

 
Recommendation:

Receive and File Fire Department statistics for the month of January 2024.

6.8

Public Works Capital Improvement Project Tracking List

 
Recommendation:

Receive and file.

6.9

Receive and File Code Enforcement Update and Statistics for the Month of January 2024

 
Recommendation:

Receive and File Code Enforcement Update and Statistics  for the Month of January 2024.

6.10

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.

6.11

Bulky Item Collection/Compost Giveaway Event Update

 
Recommendation:

This is informational only; receive and file report.

6.12

Authorize the City Manager to Sign the Notice of Completion for Project No. WA22G1, “Drilling, Construction, Development, and Testing of City of Banning Well C-8” as Complete and Direct the City Clerk to Record the Notice of Completion

 
Recommendation:

Staff recommends that City Council accept Project No. 2018-02W, “Drilling, Construction, Development, and Testing of City of Banning Well C-8” as complete, authorize the City Manager or his designee to sign the Notice of Completion, and direct the City Clerk to record the Notice of Completion.

6.13

Consideration of Resolution 2024-29, Approving Final Tract Maps 37388-1, 37388-2, 37388-3; Releasing the Maps for Recordation; Authorizing Staff to Sign the Subdivision Improvement Agreements and Final Tract Maps; and, Accepting Faithful Performance and Labor Bonds for Public Improvements

 
Recommendation:

That the City Council adopt Resolution 2024-29 approving Final Tract Map 37388-1, 37388-2, 37388-3 and releasing the maps for recordation; authorizing staff to sign the Subdivision Improvement Agreement and Final Tract Maps; and accepting the Faithful Performance and Labor Bonds for public improvements.

6.14

Consideration of Resolution 2024-30, Approving an Agreement with Pyro Spectaculars, Inc. for Production of the Fourth of July Aerial Fireworks Display

 
Recommendation:

That the City Council approve the Production Agreement with Pyro Spectaculars, Inc. of Rialto, CA in the amount of $32,000 for the aerial fireworks show on July 4, 2024 and authorize the City Manager to execute the agreement.

6.15

Consideration of Resolution 2024-31, Awarding a Professional Services Agreement for the Design of Lions Park Non-Potable Water Irrigation Conversion Project to Kimley-Horn and Associates, Inc. in the amount of $98,749 and Approving a 10% Contingency for a Total Project Budget of “Not-to-Exceed” $108,623.90

 
Recommendation:

Adopt Resolution 2024-31.

6.16

Consideration of Resolution 2024-34, Authorizing the Submittal of a Water Recycling Funding Program Planning Grant Application for a Request of Approximately $300,000 and Authorizing the City Manager or Designee to Sign and Submit All Required Documents Related to the Planning Grant Application

 
Recommendation:

Staff recommends that City Council adopt Resolution 2024-34: 

  1. Authorizing the City Manager or designee to sign and submit a Water Recycling Funding Program Planning grant application for a request of approximately $300,000 for the development of a recycled water feasibility study. 
  2. Authorizing the City Manager or designee to execute and submit all related documents including a financial assistance agreement, assurances, certifications and commitments. 

6.17

Consideration of Resolution 2024-35, Approving Amendment No. 6 to a Professional Services Agreement (C00641) with Nobel Systems Inc. for ArcGIS and API Online Services

 
Recommendation:

Adopt Resolution 2024-35.

6.18

Consideration of Resolution 2024-36, Approving Amendment No. 5 to a Professional Services Agreement (C00658) for Planning Services by and between the City of Banning and Romo Planning Group, Inc. (RPG)

 
Recommendation:

Adopt Resolution 2024-36.

6.19

Consideration of Resolution 2024-37, Approving Amendment No. 3 to a Professional Services Agreement (C00608) with Willdan Engineering for Building and Safety Plan Check and Landscape Design Review Services

 
Recommendation:

Adopt Resolution 2024-37.

6.20

Consideration of Resolution 2024-39, Approving an Amendment to the Williams Scotsman Purchase Order (32201) in the Amount of $20,000

 
Recommendation:

Staff recommends the adoption of Resolution 2024-39, approving an amendment to the Williams Scotsman Purchase Order (32201) in the amount of $20,000 for a total purchase order of $47,500.00.

6.21

Consideration of Resolution 2024-41, Authorizing the City Manager to Enter into a Lease Agreement with Haskell Real Estate for Homeless Transitional Housing

 
Recommendation:

Adopt Resolution 2024-41.

6.22

Second Reading and Adoption of Ordinance 1597, Establishing Regulations Governing the Possession of Catalytic Converters, and Amending Title 9 of the Banning Municipal Code

 
Recommendation:

A motion to adopt Ordinance 1597, establishing regulations governing the possession of catalytic converters, and amending Title 9 of the Banning Municipal Code.

6.23

Second Reading and Adoption 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.

 
Recommendation:

A Motion to Conduct the Second Reading and Adopt 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 Sections 15060(c)(2)-(3) and 15061(b)(3).

6.24

Second Reading and Adoption 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, by 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 State Housing Law; And Making a Determination of Exemption From the California Environmental Quality Act

 
Recommendation:

Conduct second reading and adopt Ordinance 1600.

7.

PUBLIC HEARINGS

 

8.

REPORTS OF OFFICERS

 

8.1

Introduction and First Reading of Ordinance 1601, An Ordinance of the City of Banning, California, Amending Sections 2.42.030(B), 2.42.040(A), 2.42.040(B)(2) of Chapter 2.42 (Youth Council) of Title 2 (Administration and Personnel) of the Banning Municipal Code to Modify the Composition of, the Meeting Times for, and the Quorum Requirements for the Banning Youth Council, and Making a Determination of Exemption from the California Environmental Quality Act

 
Recommendation:

Introduce and conduct the first reading of Ordinance 1601, as read by title only.

8.2

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.

8.3

Presentation by GHJ Advisors on the Results of the Forensic Investigation of the Electric Department for the Period of 01/01/2018 through 06/30/2023

 
Recommendation:

Receive and file presentation by and report from GHJ Advisors on the results of the Forensic Investigation of the Electric Department for the period of 01/01/2018 through 06/30/2023.

8.4

Consideration of Resolution 2024-32, 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:

Adopt Resolution 2024-32.

8.5

Consideration of Modifying the City of Banning's Public Hearing Notice Requirements for Development Applications

 
Recommendation:

Discuss and Consider Modifications to the City of Banning's Public Hearing Notice Requirements for Development Applications, as specified by Banning Municipal Code Chapter 17.68, and Provide Direction to the Community Development Director.

8.6

Consideration of Resolutions 2024-38, 2024-03 UA, and 2024-03 SA, Approving and Adopting the Mid-Year 2023-24 Budget for Fiscal Period July 1, 2023 through June 30, 2024, for the City, Utility Authority and Successor Agency

 
Recommendation:

Adopt Resolutions 2024-38, 2024-03 UA, and 2024-03 SA.

8.7

Consideration of Resolution 2024-33, 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 2024-33.

8.8

Consideration of Resolution 2024-40, Authorizing the Submittal of a Grant Application Under the Bureau of Reclamation WaterSMART: Title XVI WIIN Act Water Reclamation and Reuse Program for Fiscal Year 2023 and for Fiscal Year 2024 for up to 25% of the Total Project Costs, Up To $30 Million, for the Wastewater Treatment Plant and Recycled Water Upgrades and Authorizing the City Manager to Executed Related Grant Agreement to Receive Funding

 
Recommendation:

Adopt Resolution 2024-40.

9.

DISCUSSION ITEMS

 

9.1

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.

9.2

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.

9.3

Ring of Honor Selection Committee Appointment

 
Recommendation:

Discussion item only.

10.

ITEMS FOR FUTURE AGENDAS

 

10.1 NEW ITEMS

10.2 EXISTING ITEMS

11.

ADJOURNMENT

 

Next Regular Meeting – March 12, 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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CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | CityClerks@banningca.gov
99 East Ramsey Street, Banning, California 92220