Banning — 2023-09-12

10.1. New Items

10.2. Pending Items:\n1. Grow Banning (Sanchez)\n2. Potential Grants to Fund Playhouse Bowl Improvements (Sanchez) –\nTentatively Scheduled for 9/26\n3. Food Desert Zoning Overlay (Minjares)\n4. Beautification of San Gorgonio Overpass Funding (Gonzales) –\nTentatively Scheduled for 10/24\n5. Scope and Duties of the Budget and Finance Committee (Wallace) –\nTentatively Scheduled for 10/10\n6. Neighborhood Groups/Identities (Minjares)\n7. Update on Community Garden (Flynn) – Tentatively Scheduled for 9/26\n8. Update on Street Sign Replacements (Flynn) – Tentatively Scheduled for\n9/26\n9. ARE Animal Rescue Contract (Flynn) – Tentatively Scheduled for 10/24\n10. Policy to Ban Personal Phones on Dais (Flynn) – Tentatively Scheduled\nfor 10/10

2.1. Approve Agenda\n1\nSeptember 12, 2023

3.1. Proclamation – Hispanic Heritage Month…………………………………………....10

3.2. GHJ Advisors Auditor Presentation – Peter Brown

5.2. CORRESPONDENCE\nItems received under this category may be received and filed or referred to staff for future\nresearch or a future agenda.

5.3. APPOINTMENTS\nNone

5.4. CITY COUNCIL COMMITTEE REPORTS

5.5. CITY MANAGER REPORT

5.6. CITY ATTORNEY REPORT

5.7. CITY TREASURER REPORT\n2\nSeptember 12, 2023

6.2. Approval and Ratification of Accounts Payable and Payroll Warrants Issued in\nthe Month of July 31, 2023………..……………..…..………….……………..… 12

6.3. Receive and File Cash, Investments and Reserve Report for the Month of\nJuly 2023………….……………………………………………………………..….14

6.4. Consideration of Resolution 2023-156, Accepting a Department of Alcoholic\nBeverage Control (ABC) 2023/2024 Alcohol Policing Partnership (APP) Grant\nAward of $60,000…………………………………..………………………..……. 17

6.5. Authorize the City Manager to Sign the Notice of Completion for Project No.\n2022-09W, “Altitude Valves at the San Gorgonio Reservoirs” as Complete\nand Direct the City Clerk to Record the Notice of Completion……………..… 19

6.6. Consideration of Resolution 2023-09 UA, Approving the Sixth Amendment to\nthe Maintenance and Operations Agreement with Veolia Water Contract\nOperations USA, Inc. to Extend the Term of the Agreement for Three\nAdditional Years…………………………………………………………………....21

6.7. Second Reading and Adoption of Ordinance 1594, An Ordinance of the City\nof Banning, California, Amending Section 2.28.080 of Chapter 2.28 of Title 2\nof the Banning Municipal Code Regarding the Regular Meeting Time of the\nBanning Planning Commission, and Making a Determination of Exemption\nunder CEQA Guidelines Sections 15061(b)(3) and 15378(b)(5)…………….. 25

6.8. Consideration of Resolution 2023-163, Approving the Amended Agreement\nfor Participation in the County of Riverside’s Urban County Program for Fiscal\nYears 2024-2025,2025-2026, and 2026-2027…………………………………. 27

7.1. Consideration of the Second Reading and Adoption of Ordinance 1595,\nAmending Chapters 8.16 of the Banning Municipal Code by Adopting by\nReference, with Amendments to Chapter 1, Section 105.3.1 and 108.2 of the\n2022 Edition of the California Fire Code, to Incorporate Annual Inspections of\nExisting and Future Businesses and Their Operations, located in the City of\nBanning…………………………………………..………………………………… 31\n(Staff Report: Adam Rush, Community Development Director)\nRecommendation: 1. Adopt the Notice of Exemption (NOE) which determines that\nOrdinance No. 1595 is not subject to CEQA, pursuant to Section 15060(c)(3) of the\nCalifornia Environmental Quality Act (CEQA; and 2. Conduct a public hearing on\nOrdinance No. 1595 in accordance with Gov. Code, § 50022.3. Close the public\nhearing and adopt Ordinance No. 1595, Amending Chapter 8.16 of the Banning\nMunicipal Code by adopting by reference, with Amendments to Chapter 8.16.020 to\nadd language to § 105.3.1 of the Fire Code.\n3\nSeptember 12, 2023

7.2. Consideration of Introduction and First Reading of Ordinance 1596,\nEstablishing Amended Uses and Adding Development Standards for Multi-\nfamily and High-Density Residential Uses in the Downtown Commercial\nZoning District………………………………………………………………………34\n(Staff Report: Adam Rush, Community Development Director)\nRecommendation: Waive full reading and introduce, as read by title only,\nOrdinance 1596, An Ordinance of the City of Banning, California, Amending the\nDowntown Commercial Zoning District (Title 17, Division II, Chapter 17.12, Article I &\nII By Adding New Permitted and Conditionally Permitted Uses to Table 17.12.020\nand Amendment the Commercial and Industrial Development Standards (Table\n17.12.030, Table 17.12.050, Chapter 17.12.060 and 17.12.070, and Making a\nDetermination of Exemption from the California Environmental Quality Act (CEQA).\nThis Ordinance Amendment Affects All Parcels Within the Downtown Zoning District\n(DC).

8.1. Consideration of Resolution 2023-153, Approving Amendment 1 to the\nProfessional Services Agreement with Albert A. Webb Associates, Inc. for an\nAdditional Amount of $20,000 for the Design of the Ramsey Street and Omar\nStreet Intersection Improvements and Extending the Term of Agreement to\nJuly 5, 2025………………………..…………………..…………………………... 39\n(Staff Report: Art Vela, Director of Public Works)\nRecommendation: Staff recommends that the City Council adopt Resolution 2023-\n153: (1) Approving Amendment 1 to the Professional Services Agreement with Albert\nA. Webb Associates, Inc. (“WEBB”) for an additional amount of $20,000 for the\nDesign of the Ramsey Street and Omar Street Intersection Improvements and\nextend the term of the agreement to July 5, 2025; (2) Authorizing the City Manager\nor his designee to make necessary budget adjustments, appropriations, and\ntransfers related to Amendment 1 to the Professional Services Agreement with\nWEBB; and, (3) Authorizing the City Manager or his designee to execute\nAmendment No. 1 to the Professional Services Agreement with WEBB.

8.10. Consideration of Resolution 2023-131, Amending Policy No. B-30\n(Procurement Policies & Procedures), and Introduction and First Reading of\nOrdinance 1591, Amending Chapter 3.24 (Purchasing System) of Title 3\n(Revenue and Finance) of the Banning Municipal Code, Concerning the City\nManager’s Aggregate Monetary Threshold Authorizations for Approval of\nCertain Contracts………………………………………………………………......66\n(Staff Report: Lincoln Bogard, Administrative Services Director)\nRecommendation: Staff recommends that the City Council pull this item until any\nCity Council Member adds this back onto Future Agenda Items.

8.11. Phase 2 of Forensic Investigation into the Electric Enterprise……………......68\n(Staff Report: Lincoln Bogard, Administrative Services Director)\n6\nSeptember 12, 2023\nRecommendation: Approve by Minute Order the payment to GHJ Advisors an\nadditional $75,000 for Phase 2 of the Forensic Investigation into the Electric\nEnterprise for a total not-to-exceed amount of $100,000.

8.2. Discussion and Consideration of Resolution 2023-154, Approving the Electric\nUtility Power Source Disclosure Annual Report and Power Content Label for\nCalendar Year 2022………………………..……………………………………... 42\n(Staff Report: Jim Steffens, Acting Electric Utility Director)\nRecommendation: Staff recommends the City Council adopt Resolution 2023-154:\n(1) Approving the City of Banning Electric Utility (“Utility”) Power Source Disclosure\nAnnual Report and Power Content Label for Calendar Year 2022, attached herewith\nas Exhibit “A” and Exhibit “B” to Attachment 1; and (2) Authorize the Electric Utility\nDirector, or his or her designee, to disseminate the information included on the\nPower Content Label to the Utility’s customers in compliance with the requirements\nof Senate Bill 1305 and Assembly Bill 162.

8.3. Consideration of Resolution 2023-155, Awarding a Design-Build Agreement\nto EFS West for the Compressed Natural Gas Fueling Station in the Amount\n4\nSeptember 12, 2023\nof $3,543,013 and Approving a 10% Contingency for a Total Project Budget\nof $3,897,314 and Approving Amendment 3 with STV Incorporated for\nSupport Services in the Amount of $109,000……………..…………….……... 44\n(Staff Report: Art Vela, Director of Public Works)\nRecommendation: Staff recommends that the City Council adopt Resolution 2023-\n155: (1) Approving a Design-Build Agreement for the Compressed Natural Gas\n(CNG) Fueling Station to EFS West of Valencia, California in the amount of\n$3,543,013 and approving a 10% contingency in the amount of $354,301 for a total\nproject budget of $3,897,314 and rejecting all other bids; (2) Approving Amendment\n3 with STV Incorporated for Support Services in the Amount of $109,000; (3)\nAuthorizing the City Manager or his designee to make necessary budget\nadjustments, appropriations and transfers related to the Design-Build Agreement for\nthe CNG Fueling Station and to approve change orders within the 10% contingency;\nand, (4) Authorize the City Manager to execute the Design-Build Agreement with\nEFS West of Valencia, California for CNG Fueling Station and Amendment 3 to the\nProfessional Services Agreement with STV Incorporated.

8.4. Consideration of Resolution 2023-157, Approval of the Emergency Purchase\nof Two (2) 34.5kV Potential Transformers from City of Pasadena Water &\nPower of Pasadena, CA and Substation Testing Services from Electric Power\nSystems International, Inc. of Santa Ana, CA in the Amount of\n$26,986.60………………………..…………………..………………….………... 49\n(Staff Report: Jim Steffens, Acting Electric Utility Director)\nRecommendation: Staff recommends City Council approve the emergency\npurchase of two (2) 34.5kV potential transformers from City of Pasadena Water &\nPower and substation testing services from Electric Power Systems International,\nInc. under the City of Banning’s emergency procurement policies.

8.5. Consideration of Resolution 2023-158, Ratifying Previous Task Orders and\nApproving The Continued Use Of Professional Service Agreements For\nEnergy Efficiency Programs Through The Southern California Public Power\nAuthority (SCPPA)………………………..………..……………………………... 52\n(Staff Report: Lincoln Bogard, Administrative Services Director)\nRecommendation: The City Council adopt Resolution 2023-158: (1) Ratifying prior\ntask orders and Master Service Agreements that were executed bythe Electric Utility\nDirector, approve the continued use task orders identified, ratifythe energy efficiency\nprogram professional service agreements through SouthernCalifornia Public Power\nAuthority (SCPPA), and authorize the City Manager or hisdesignee to execute all\nagreements; and (2) Ratifying all prior payments made to SCPPA, which\ncircumvented purchasing controls by SCPPA billing indirectly via the Riverside Public\nUtility (RPU) monthly invoicing process.

8.6. Consideration of Resolution 2023-159, Approving a Revision to Classification\nand Compensation Plan………………………..………………….……………... 57\n(Staff Report: Lincoln Bogard, Administrative Services Director)\n5\nSeptember 12, 2023\nRecommendation: Staff recommends City Council adopt Resolution 2023-159\nAmendment to the Classification and Compensation Plan effective September 18,\n2023.

8.7. Consideration of Resolution 2023-160, Approving a Budget Allocation and\nApproval to Update the City Computer Network Infrastructure…………..…...59\n(Staff Report: Lincoln Bogard, Administrative Services Director)\nRecommendation: Staff recommend City Council adopt Resolution 2023-160\nauthorizing budget allocation and approving the City Manager to enter into a 3-Year\nagreement for Vigilant Managed Endpoint Detection and Response (MEDR),\nincluding year-round, 24 hour, 7 days per week (24/7/365) Cybersecurity monitoring\nand response services for a total 3-Year Not-To-Exceed amount of $309,702.

8.8. Consideration of Resolution 2023-161, Approving Amendment No. 6 to the\nProfessional Services Agreement with Engineering Resources of Southern\nCalifornia (ERSC) to Increase the Total Compensation by $128,052.19 for\nPlan Check, Inspections and Related Administrative Services…………….... 61\n(Staff Report: Art Vela, Director of Public Works)\nRecommendation: The City Council adopt Resolution 2023-161 approving the\nfollowing actions: (1) Approving Amendment No. 6 to the Professional Services\nAgreement with Engineering Resources of Southern California (ERSC) for an\nadditional $128,052.19 for plan check, inspections and related administrative\nservices and closeout the contract; (2) Authorizing the City Manager or his designee\nto make necessary budget adjustments, appropriations and transfers related to the\nProfessional Services Agreement Amendment No. 6 with ERSC; and, (3) Authorizing\nthe City Manager to execute Amendment No. 6 with ERSC.

8.9. Consideration of Resolution 2023-162, Consolidated Approval of Software-as-\na-Service Products Utilized Citywide…..……………………………………...... 64\n(Staff Report: Lincoln Bogard, Administrative Services Director)\nRecommendation: Adopt Resolution 2023-162 approving the consolidated annual\nSoftware as a Service Agreements used City-Wide for the additional not-to-exceed\namount of $354,000.