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Agenda Regular Meeting City of Banning Banning, California

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Agenda Regular Meeting City of Banning Banning, California AGENDA REGULAR MEETING CITY OF BANNING BANNING, CALIFORNIA September 8, 2015 Banning Civic Center 5:00p.m. Council Chambers 99 E. Ramsey St. Per City Council Resolution No. 2010-38 matters taken up by the Council before 9:00p.m. may be concluded, but no new matters shall be taken up after 9:00p.m. except upon a unanimous vote of the council members present and voting, but such extension shall only be valid for one hour and each hour thereafter shall require a renewed action for the meeting to continue. I. CALL TO ORDER • Invocation- Rev. Daniel Pedraza, First Hispanic Baptist Church • Pledge of Allegiance • Roll Call- Councilmembers Miller, Moyer, Peterson, Welch, Mayor Franklin II. REPORT ON CLOSED SESSION III. PUBLIC COMMENTS/CORRESPONDENCE/APPOINTMENTS/PRESENTATIONS PUBLIC COMMENTS - On Items Not on the Agenda A five-minute limitation shall apply to each member of the public who wishes to address the Mayor and Council on a matter not on the agenda. A thirty-minute time limit is placed on this section. No member of the public shall be permitted to "share" his/her five minutes with any other member of the public. (Usually, any items received under this heading are referred to staff or future study, research, completion and/or future Council Action.) (See last page. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. CORRESPONDENCE: Items received under this category may be received and filed or referred to staff for future research or a future agenda. The City ofBanning promotes and supports a high quality oflife that ensures a safe and friendly environment, fosters new opportunities and provides responsive, fair treatment to all and is the pride ofits citizens. PRESENTATIONS: 1. 10850 Award to Office Patrick Kelly (ORAL) 2. Promotion of Officer Patrick Kelly (ORAL) 3. Badge Pinning of Officers Robert Fisher and Mike Bennett (ORAL) APPOINTMENTS 1. Planning Commission Appointment . 1 Recommendation: That the City Council appoint one candidate to fill the vacant position on the Planning Commission for the remainder of the term that ends February 2016. IV. CONSENT ITEMS (The following items have been recommended for approval and will be acted upon simultaneously, unless a member ofthe City Council wishes to remove an item for separate consideration.) Motion: That the City Council approve Consent Item 1 through 8 Items to be pulled __, __, __, __ for discussion. (Resolutions require a recorded majority vote ofthe total membership ofthe City Council) 1. Approval of Minutes- Special Meeting- 08/25115 (Closed Session).......... 13 2. Approval of Minutes - Regular Meeting- 08/25115. 15 3. Ordinance 1490 - 2"d Reading: An Ordinance of the City of Banning Approving a Categorical Exemption and Adding Section 15.12.100 to Chapter 15 of the Banning Municipal Code Relating to the Expedited Permitting Procedures for Small Residential Rooftop Solar Systems. 57 4. Contracts Approved Under City Manager Authority . 65 5. Resolution No. 2015-83, Approving the Banning Electric Utility Power Content Label. 67 6. Resolution No. 2015-84, Approving Amendment No. 1 to the Memorandum of Understanding Between the City of Banning and City of Banning Police Management Association setting forth the complete negotiated terms and conditions of employment for the represented employees. 71 7. Resolution No. 2015-85, Approving the Second Amendment to Purchase Order No. 25685 increasing the total amount by $5,930.88 to cover the 8% sales tax for material and services supplied for the anti-graffiti coating on the decorative streetlights, installed as part of the Downtown Underground Project by WESCO Distribution, Inc. 91 8. Resolution No. 2015-89, Consenting to the Transfer of Control of Franchisee from Verizon to Frontier Communications . 99 9. Sponsorship of Banning Stagecoach Days ............................ 113 • Open for Public Comments • Make Motion 2 V. REPORTS OF OFFICERS 1. Approval of Resolution No. 2015-88, Accepting an Amended Contract For Legal Services Appointment Lona N. Laymon as City Attorney. StaffReport......................................................... 115 Recommendation: That the City Council adopt Resolution No. 2015-88, accepting "Amendment No.1 to Contract Services Agreement" for City Attorney services with Aleshire & Wynder LLP (the "Amended Contract"). The Amended Contract appoints Lona N. Laymon as the City Attorney. Current City Attorney, Mr. David J. Aleshire, will remain a "senior advisor" on the City's legal team. In addition to the appointment of Ms. Laymon as City Attorney, the contract appoints Mr. Robert Khuu as the Assistant City Attorney, and sets forth other general "clean-up" changes to the original contract. No changes to the rates for legal services are proposed. The proposed Amended Contract is attached as Attachment 1. 2. Resolution No. 2015-86, Approving the Amendment to the Agreement between Mullen & Associates, Inc. and the City of Banning. Staff Report ......................................................... 155 Recommendation: That the City Council adopt Resolution No. 2015-86, Approving the Purchase Agreement Amendment to Purchase Order No. 25889 between Mullen & Associates, Inc. and the City of Banning to include to include additional engineering services related to the Sunset Grade Separation Project. 3. Resolution No. 2015-78, Awarding the Construction Contract for Construction of Apron Markings, Signage and Obstruction Removals At Banning Municipal Airport and Approving the Airport Improvement Program Grant Agreement Offer from the Federal Aviation Administration for AlP Project No. 3-06-0018-014-2015. StaffReport......................................................... 167 Recommendation: That the City Council adopt: I) Resolution No. 2015-78, Awarding the Construction Contract for Federal Aviation Administration Airport Improvement Program ("AlP") Project No. 3-06-0018-014-2015, to Regency-Pacific Development Corp. of Beaumont, California, for an amount of "Not to Exceed" $80,300.00, and rejecting all other bids; II) Authorizing an additional ten-percent (10%) construction contingency in the amount of $8,030.00 to be used for additional work that arises from unforeseen conditions; III) Authorizing the Interim Administrative Services Director to make necessary adjustments and appropriations as it relates to the Construction Agreement with Regency-Pacific Development Corp.; and IV)Authorizing the Interim City Manager to execute the construction agreement with Regency-Pacific Development Corp. and Grant Agreement Offer and subsequent Grant Agreement with the Federal Aviation Administration ("FAA").. 3 4. Resolution No. 2015-87, Urging the State to Provide New Sustainable Funding for State and Local Transportation Infrastructure. Staff Report .......................................................... 209 Recommendations: That the City Council adopt Resolution No. 2015-87, Urging the State to Provide New Sustainable Funding for State and Local Transportation Infrastructure. SCHEDULED MEETINGS BANNING UTILITY AUTHORITY (BUA)- no meeting BANNING FINANCING AUTHORITY (BFA)- no meeting. VI. ANNOUNCEMENTS/REPORTS (Upcoming Events/Other Items if any) • City Council • City Committee Reports • Report by City Attorney • Report by City Manager VII. ITEMS FOR FUTURE AGENDAS New Items- Pending Items - City Council 1. Discussion regarding City's ordinance dealing with sex offenders and child offenders. (9122115) 2. Discussion of vacant properties and on Ramsey Street where people are discarding furniture. 3. Report on Banning Chamber of Commerce Utility Bill Issue 4. Workshop on legal issues (whistleblowers, harassment, personnel issues, consent calendar policy, more interaction with public). (918115) 5. Attorney General Opinion re. Developer Impact Fees collected by hospital or other agencies. 6. Collection of Judgement re. Jim Smith 7. Discussion re. Time of City Council Meetings 8. Safe Walkways for student from the schools 9. Report from Fire regarding why three homes were lost. 10. Housing Element (Note: Dates attached to pending items are the dates anticipated when it will be on an agenda. The item(s) will be removed when completed.) 4 CITY COUNCIL AGENDA DATE: September 8, 2015 TO: City Council FROM: Brian Guillot, Acting Community Development Director SUBJECT: Planning Commission Appointment RECOMMENDATION: That the City Council appoint one candidate to fill the vacant position on the Planning Commission for the remainder of the term that ends February 2016. BACKGROUND: The Planning Commission consists of five members appointed by the City Council. The Commissioners each serve a four year term, which is intended to be staggered every two years concurrent with City's elections. The newly appointed commissioner will serve the remainder term of former Commissioner Kevin Siva which expires February 28, 2016. Thereafter, the City Clerk will need to again advertise and seek candidates for a full four year term. The City Clerk received two (2) applications from the following candidates: Cynthia Barrington and Richard Krick (see Attachment 1). The City advertised the position on the City's website, and in Record Gazette newspaper. Additionally, application forms were placed at the City Hall counter and City Council chambers. The final date to submit application was Friday, July 23, 2015. The Commission's rules and responsibilities are governed by Chapter 2.28 of the Municipal Code (see Attachment 2). The Commission's two main functions are to review development applications for compliance with the zoning ordinance;
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