of which was to fatally taint the July 9 hearing and, if these Councilmembers are not forced to recuse themselves, would further taint all future hearings on the Project.
In addition, and notwithstanding the foregoing, the facts identified by the City Council to justify the proposed resolution of denial are woefully inadequate and fall far short of the threshold necessary to support denial of the project and withstand legal scrutiny. Councilmembers Flynn, Happe, and Minjares provided mere unfounded opinions – not facts or evidence – to support their opposition to the Project and ignored the multitude of Project-design features and improvements that refused and contradicted their unsupported opinions and beliefs that the Project would be inconsistent with and adversely impact the surrounding community.
For the reasons outlined above, if the actions taken at the July 9 hearing are allowed to stand, the City will be exposed to significant monetary and other liability, including damages in excess of $25,000,000 as well as the responsibility for all of SLH’s attorneys’ fees and costs incurred in connection with any resulting litigation. SLH demands that the City (i) vacate and set aside all action taken and direction given by the City Council to staff at the July 9 hearing regarding Agenda Item 7.1, including the direction to have staff prepare a resolution for denial of the Design Review component of the Project entitlements; and (ii) reschedule the Project for a new hearing at which the City Council will reconsider the Project entitlements without the participation of Councilmembers Flynn and Happe. These steps are critical to ensuring that the City Council’s consideration of the Project entitlements is fair and not “tainted” by bias attributable to the improper participation of Councilmembers Flynn and Happe.
In the event that the City refuses this demand and declines to conduct a new, fair, and unbiased hearing on the project consistent with California law, including Judge Hopp’s March 15, 2024, ruling as well as SLH’s substantive-and procedural-due-process rights under the U.S. and California Constitutions, SLH will not hesitate to proceed with litigation against the City and take all actions necessary to protect, preserve, and vindicate SLH’s ownership and development rights in the Banning Point property. It remains our sincere hope that such litigation and further adversarial proceedings will not be necessary.
Please contact me if you wish to discuss this matter in further detail.
Very truly yours,
K. Erik Friess
KEF
712
Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
Honorable Mayor and City Councilmembers
July 25, 2024
cc: Doug Schulze, City Manager
Serita Young, City Attorney
Emery Papp, Senior Planner
713
EXHIBIT B
714
Post 1 – 9/13
Sheri Flynn
Admin Top ,:ontributor · Septem~ 13 at 8:31AM · e
Unfortunately, the issue of Banning Point is probably going to continue if the developers make good on their three! to bring a new lawsuit. And the appeal of the judg~s ruling by PAG is still in play.
That being said. every time I see a pink sign on someone's front yard I think - why? It feels almost like an insult becau;e I believe t hat I have worked very hard this last year and a half to truly represent the citize'ls best interests and to bring transparency to a city that often operates under opaqueness.
So you have to ask why the false accusations and rumors that seem to abound and the constant attempts to undermine my efforts and reputation?
But then you must look at who supports my opponent and I believe part if the answer lies there.
It's very concerning that the people supporting Debbie are the same people that tried to destroy Sun Lakes with a warehouse and the traffic. noise, pollution, and safety risks associated with it that are just not compatible with t he surrounding senior neighborhood. Many have distain for those who reside in my district:
These are some of the people who are supporting my opponent:
Doug and Lisa Schulze
Mayor Alberto Sanchez
Colleen Wallace
Jeff Platt
Coula Ringgold
Kathy Martin
Keturah Chavez
Kimberly Ibarra anc
Frank Diaz, among others.
In fact, Doug Schulze asked Debbie to run against me back in June of 2023.
Besides being an ethics violation. that in itself should be enough of a warning to all that she should not be voted onto City Council.
Unless of course you have some vested interest in keeping the status quo.
Thoughts??
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Charlie Friese Top contributor
09-14-24
Sheri's Post
SHERI - Try To NOT Let These · connected" people get under your skin.
Why don't file an ethics violation against Doug Schulze ? ? ? Oh, and by the way, Thanks for sharing the "link" to the City Counci l Meeting. You Were Soooooo Well Prepared ! ! !
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Cindy Medley Top contributor
Sheri Flynn it is unfortunate that more people don't see this same concern. 4 on your win in November.
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Debbie Mitchell-Mallard
Sheri .. if it wasn't you it'd be someone else they'd be doing this to. These kind of people don't think like we do. I t hink the agenda they have is to make money. It's defiantly not for the fami ly of 4 with children. The kid's do drugs cause they have nothing else to do .. This city could be nice if people that are in charge would make the right decisions .. they'd love for you and all of us just to give up .. not happening lw like Reply
Carol Diamond
I havent read any flyers from your opponent . but it could not even shake a finger at yours! you have a lot of knowledge and experience there and i could not even think of voting for less!
lw like Reply
Nancy Lowry Powers
You are totally the best candidate ever!
lw like Reply
Will Baker
Sheri for Mayor • 1;,;i
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Sheri's Post
Inge Schuler
This tactic is an accelerated attempt of the attacks levelled against our former city council member Don Peterson, The cabal even went so far as having the DA investigate unfounded accusations. A GJ report was generated, All on record. The newly constituted attack group contains some new players and some noisy squeak attacks, but the goal posts are still the same. The vocabulary has d eteriorated into middle school yard dimension, Grab the Thesaurus and give them some synonyms. 1 w like Reply
Cathy Pierro
Wow! Those texts tell a lot about t he person Debbie Robbins is. Thanks for posting. 1 w like Reply
Patsy Duvall
They want you out of the way Sheri, so they can do their dirty work without interference from you. It's politics just like what's going on in DC. I wislh we could clone you! 6d like Reply
Sheri Flynn Author Admin • 1
•o=-. -
• ·--
==-~- ---·-
~-::.:f.~ =------- .
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Jan Wilhelmson
Putty in their hands???
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Post 2 – 9/13
Sheri Flynn
Adnin Top contributor • September 13 at 9:34AM • 8
I'm curious as to why the new Record
Gazette
did not have a story on the decision on
Banning Point
•••
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0 Sheri's Post
Andrea Bayer Arthurholtz
Because a written article would HAVE to mention the work that was done by Sheri (in conjunction wit h other individuals and organizations) and God, forbid, the powers that are currently in place, could NEVER admit that Sheri has done any good. 1w like Reply
Bill Hobbs Top contributor
Agree, I plan on contacting them, may have been too late. Hopefully next week. 1w like Reply
Pamela Starr-Phillips
We were wondering too!
1w like Reply 20
Robert Goodrich
Since the previous editor left a new format has been adopted and some previous sections are also missing. Mostly just advertisements now. 1w like Reply
Mike Volz
Robert Goodrich adds make the world go around in the newspaper business. I was shocked when I picked up the paper & there was no story. WTH? They have no reporter for Counsel Meeting? That's crazy!
Every paper in the towns I have lived go downhill with new ownership. l et's hope I'm wrong on this one.
1w like Reply
~ Reply to Robert Goodrich
Joanne Gist Hemingway
Hi Sheri
I have written several comments in the comment section stating how qualified you are.
I state the issue this election should be about experience and accomplishments. I further explained how you got two other ci ty council members to vote to stop the Banning Pointe project. I also explained how it could've passed to keep it Industrial zoning by just one more vote by another Council Member.
I don't use profanities or rudeness. Yet it seems my comments are being blocked. I can say, I'm giving reasons for not voting for t he opposing candidate. I am encouraging other districts voters in Banning to make sure they vote for someone like you who's honest, knowledgeable, and cares about the City of Banning as well as their District.
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Sheri's Post
• --····- -·-· · ·-······:,··-1
Hi Sheri
I have written several comments in the comment section stating how qualified you are.
I state the issue this election should be about experience and accomplishments. I further explained how you got two other city council members to vote to stop the Banning Pointe project. I also explained how it could've passed to keep it Industrial zoning by just one more vote by another Council Member.
I don't use profanities or rudeness. Yet it seems my comments are being blocked. I can say, I'm giving reasons for not voting for t he opposing candidate. I am encouraging other districts voters in Banning to make sure they vote for someone like you who's honest, knowledgeable. and cares about the City of Banning as well as their District.
Anyone reading this please get informed and vote for Sheri Flynn ! I encourage everyone to read all comment sections of any post because you can learn different perspectives and information.
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Sheri Flynn Author Admin • 1
Joanne Gist Hemingway What comment section are you being blocked on? 1w like Reply
Joanne Gist Hemingway
Sheri Flynn I t hink it is Neighborhood. I also wrote a comment regarding Frank Diaz endorsing Debbie Robbins. There was a bit of a discourse and never saw t hat comment I wrote publ ished.
Anyway, happy to see everybody I run into is voting for you and they see through the BS.
Keep up the great work and your great spirit. Your flyer is amazing! • • • . ":,! 6d like Reply
Sheri Flynn Author Admin • 1
I APP~ECIATE YOU ...
(. , ~ll/lj : (1/,11
~ lr1 ,a~· ,, .. ~; ,/41. You Aifif,Vec.estiNG
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X
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~ Reply to Joanne Gist Hemingway
Paul Perkins
Notice that they are at least 1 week on reporting
1w Like Reply
Ann Hoefert
I thought the same thing. It's focusing on Beaumont
1w Like Reply
Will Baker
Because they're bought and paid for by corrupt City Officials. Duh __, 1w Like Reply
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Post 3 – 9/11
Sheri Flynn
Admin Top contributor • September 11 at 6:29AM • 6
Banning Point denied 3-2
Now let's work together to build something
for the community!
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Sheri's Post
Lois Jordan Top contributor
Thank you for all your hard work that paid off. Also, Randy Robbins and the PAG group! I knew Happe would make the right decision. The 2 of you worked well together last night.
1w like Reply Edited
Sheri Flynn Author Admin • 1
The sad t hing is that the project from the oeginning violated the General and Specific Plan and should never had been approved to begin with.
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Kathleen Dale
Sheri Flynn You are absolutely correct! It is mind boggling to this retired planner that City staff recommended approval of this project to begin with. but even more so after Council had given them direction to come back with a denial resolution. While it should not be a problem to trust developers and staff to ensure t hat the next proposal respects the existing community and adopted City plans. I am afraid the only way to make certain of that is a specific plan amendment that creates reasonable restrictions on truck activity at this location. 1w like Reply Edited
Tami Alexander
Sheri Flynn Thank you, for pointing this out to the City Atty (I believe this is what got the CC to vote on it again ? ) and for all the hard work you have done. working tirelessly to make our community better.
1w like Reply sOO
Debbie Mitchell-Mallard
Sheri Flynn proud to know you my friiend! You were just amazing last night ... l was so happy
1w like Reply
Debbie Mitchell-Mallard
I hope it was more Sanchez t han Wallace .. during the break he told her she needed to go to the bathroom before they went back in. I thought that was strange
1w like Reply Edited
Sheri Flynn Author Admin • 1
Debbie Mitchell-Mallard What part o f t he meeting was that? 1w like Reply
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Sheri's Post
Sheri Flynn Author Admin + 1
Debbie Mitchell-Mallard What part of t he meeting was that? lw Like Reply
Debbie Mitchell-Mallard
Sheri Flynn half way break .. before t he vote .. she was trying to eat her dinner ... l thought that was pretty controlling .. unless he was t rying to get her away from me lw Like Reply Edited
Sheri Flynn Author Admin + 1
Debbie Mitchell-Mallard She does what she is told.
lw Like Reply 0
Debbie Mitchell-Mallard
Sheri Flynn Yes .. l saw t hat .very sad
lw Like Reply
~ Reply to Sheri Flynn
Sheri Flynn Author Admin + 1
Tentative parcel map and design review denied with Sanchez and Wallace voting no. 1w Like Reply
41 lldiko Peter
Sheri Flynn why no?????
lw Like Reply O
Dee Lira
lldiko Peter good question
lw Like Reply
Sheri Flynn Author Admin • 1
lldiko Peter Sanchez made not one comment. Wallace linked something about smokestacks when she was growing up and that Sun Lakers knew it was going to be a warehouse when they bought there so suck it up. Or to t hat effect. Envy and jealousy by her. I tend to not listen to anything she says because it has no substance.
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Sheri's Post
lldiko Peter
Kidding me??? No one ever ever ever told us t hat the vacant lot will be a warehouse when we bought our house in 2012. No way we would have moved here and withholding such a detrimental information from potential buyers would have been most unethical and could be cause for legal action. Even after ALL the evidence against a warehouse they voted YES???
Blows my mind ....
Will not write down the rest of my thoughts .....
lw Like Reply
Rod Curtis Tod
Sheri Flynn My impression of Wallace was she was dumb as a rock Then I went out to look at arrest records for anyone in office. That was interesting! lw Like Reply
~ Reply to Sheri Flynn
Anita Lara Chatigny
It was disheartening to hear some council members characterize SL residents as an entitled, fickle group. Seems like a major goal will be to change hearts/minds of t hose council members.
lw like Reply
G Debbie Mitchell-Mallard replied • 3 Replies
Yvonne Foy
Thank you to all involved in working to see that t hese warehouses are stopped! lw like Reply
Barbara Taylor
Thank you PAG and Sheri Flynn for all ur hard work on this. lw like Reply
Deborah Bainter McDonald
Miniature golf course and a lazy river. Banring needs entertainment for all. lw like Reply
Gary Root
This is the best news I've had in a long time.
Thank you Sheri for not giving up.
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Charlie Friese Top contributor
09- 11 -24
Sheri's Post
0 I have a thought as to how BANNING can improve the "look" as seen by driving on CA HWY 10 Through The Banning's Corridor.
l et's bui ld a "wall" to hide t he terrible "loo(" because of the lack of "picking up• their business properti es.
Maybe we could start a "Build The Wall Fund" with donated funds by our residents. CAL TRANS Cannot Do It Alone. Other areas have "beautiful" landscaping, but NOT The PASS Area ! ! !
So, let's do it for our own pleasure.
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Sheri Flynn Author Admin + 1
Charlie Friese I have contacted Cal Trans about building walls along the freeway for sound and esthetics and they are not interested. But I agree with you. lY/ Like Reply
~ Lois Jordan Top contributor
Charlie Friese I sent you a message on FB.
lw Like Reply
Charlie Friese Top contributor
Lois Jordan - Lois, I am technology ceficient - soooooo I don't know how to "see" it ...
lw Like Reply
Lois Jordan Top contributor
Charlie Friese I got your message. Thank you!
lY/ Like Reply
~ ~ply to Charlie Friese
Bobbie Davis
Vay!!!!!
1w Like Reply
Charlie Friese Top contributor
09-12-24
When or how can I watch this important city counci l meeting? X
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Sheri's Post
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Charlie Friese I got your message. Thank you!
lw Like Reply
~ Reply to Charl ie Friese
Bobbie Davis
Yay!!!!!
lw like Reply
Charlie Friese Top contributor
09-12-24
When or how can I watch this important city counci l meeting? lw like Reply
Dee Lira
While I was not at the meeting because we are out of town on vacation I understand Gerry Phelps proposed a great idea in a speech she gave. Perhaps that will be taken under serious consideration.
lw like Reply
Will O,okcr
l et's work together to stop e Crossroads/,unset from destroying Sun Lakes Blvd with 24/7 diesel trucks and traffic 10X worse than Banning Point would have been. Stop the division of Sun lakes Country Club so the North and South aren't ruined by division.
Remember. 5.7 million in warehouses is what the City plans. Stop the corruption in Banning . ./
lw like Reply
• Paul Bear Bradford
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Created: 2024-08-20 15:04:18 [EST]
(Supp. No. 56, 3-24)
17.68.140 Reconsideration.
If more complete or additional facts or information, which may affect the original action taken on an application by a review authority are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the department within fifteen days following the final date of action. If a public hearing was required in the original review process, another public notice as specified in Section 17.68.020 shall be made prior to the reconsideration of the review authority, and all costs associated with the reconsideration shall be paid by the applicant.
(Zoning Ord. dated 1/31/06, § 9117.14.)
(Ord. No. 1510, § 3(2), 9-11-17)
728
MANUAL OF PROCEDURAL GUIDELINES
FOR THE CONDUCT OF
CITY COUNCIL AND CONSTITUENT
BODY/COMMISSION MEETINGS FOR THE
CITY OF BANNING
Adopted October 23, 2012, by City Council Resolution 2012-83 Amended April 23, 2013, by City Council Resolution 2013-48 Amended November 12, 2013, by City Council Resolution 2013-103 Amended May 26, 2020, by City Council Resolution 2020-67 Amended February 14, 2023, by City Council Resolution 2023-34 729
OUTLINE OF PROCEDURAL MANUAL PROVISIONS
This manual applies to the City Council, Successor Agency, Housing Authority, and all Commissions.
A. Agendas (3.1-3.4; 5.1-5.10, 6.1, 6.3)
1. City Manager generally has the authority to set the agenda. (5.1)
2. Any Council member may request a matter be put on an agenda. If significant staff work is involved, City Manager can bring it to an agenda under pending items and the City Council can decide whether they want it agendized for discussion. (5.1)
3. Permits consent calendars and defines what is not permitted on consent calendar:
ordinances; matters involving split votes or public controversy; excluded consent calendar. (6.3)
4. List order of agenda. (6.1)
5. Permits an agenda item for "Council Agenda – New Business” and where announcements are permitted with no discussion.
6. No action unless listed on agenda. (5.7)
7. Add items if arose subsequent to agenda and 2/3 vote or unanimous of those present. (5.9)
B. Minutes, Ordinances, Resolutions and Contracts (5.3 - 5.6)
1. Minutes are an abbreviated record, revisions factual and not to change intent. (5.10)
2. Defines matter appropriate for ordinance versus resolution.
3. Defines vote requirements--ordinances and resolutions generally require three (3) votes. Certain items require a supermajority.
4. Urgency circumstances are defined where resolution can be prepared at a meeting.
5. Contracts may be put in final form by legal counsel. (5.6)
6. Approval budget does not authorize expenditures. (6.5) C. Boards and Commissions (6.4)
1. Defines legislative bodies and advisory bodies subject to the Brown Act. (1.2(a))
2. Committees established by official action, continuing jurisdiction more than 180 days, majority of officials from City or other bodies, is standing committeesubject to Brown Act.
3. Permits creation of ad hoc council subcommittees (less than majority) not subject to the Brown Act.
4. Permits formation of boards and commissions subject to the Brown Act.
5. Provides that appointments are by Mayor with the consent of Council; removed by majority vote.
6. Commissions make reports to Council; not permitted to create subcommittees.
D. Study Sessions/Closed Sessions (2.5, 4.1 - 4.4)
1. Study sessions informal but subject to Brown Action; no action taken.
2. Public comments permitted before; report on any action taken. 730
3. Those persons not relevant to the closed session matter are excluded.
4. A minute book may be kept of the proceedings.
5. Revealing any matter from closed session can subject the person to censure.
E. Public Comments (7.0 – 7.4)
1. City Council meeting presentations on agenda items are to be no more than five minutes in length; this is to include all speakers for the group being recognized.
Exhibit “B” has full policy.
2. Time limits are 3 minutes for non-agendized items and 5 minutes for all agendized items. Public hearing applicants are not limited. (7.2)
3. Public comment periods include initial comment period on non-agenda items; comment on agenda items. (7.5)
4. Speaker cards provided, but voluntary. (7.3)
F. Hearings (8.1 – 8.4)
1. Before the hearing, Council members limited to factual questions of staff and speakers. Not to engage in debate.
2. Presiding Officer to make it clear when hearing is opened or closed. No questionsof speakers or public comment after hearing closed.
3. Hearing must be fair and impartial with decision based on findings required by law.
4. No expression of opinion until hearing is closed.
5. Avoid extra meeting contact with interested persons. Encourage participation in hearing.
6. Presiding Officer can control conduct of hearing--representative speakers, etc.
Set any rules at beginning and keep fair to each side.
7. Be attentive during hearings.
G. Conduct of Members
1. Do not represent position of City or promise City action. (9.2; 9.10)
2. Do not speak in derogatory fashion concerning colleagues, employees, citizens. (10.1(f))
3. Mayor speaks officially for City rather than Council members. (9.2)
4. Council members in correspondence represent their own position rather than City unless authorized by Council. (9.2)
5. Commissioners do not speak for City. (9.2)
6. No Conflicts. Can consult with City Attorney but advice not binding and no attorney-client confidentiality. (9.6(b))
7. Use City email account. Emails subject to the Brown Act--no development of collective action. Public Records Act, too. (9.3)
8. Formal process for censure for wrongful conduct involving hearing before City Council. (10.3)
9. City Attorney can file amicus briefs. (9.6 (d))
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H. Procedures
1. Abstentions discouraged but permitted where appearance impropriety even if no financial conflict.
2. Motions to rescind clarified so that matter can be rescinded in later legislative session. (11.4)
3. Defines process to correct an earlier action in violation of Brown Act. (12.1 –
12.3)
4. Includes Table of Motions and Procedural Actions.
732
MANUAL OF PROCEDURAL GUIDELINES FOR THE CONDUCT OF CITY
COUNCIL AND CONSTITUENT BODY/COMMISSION MEETINGS
ARTICLE I – SCOPE
1.1 Application of Rules
This Manual (the “Manual”) shall establish the procedures for the conduct of all meetingsof the City of Banning City Council, Successor Agency to the Banning Community Redevelopment Agency, Housing Authority and other constituent, governing bodies, and commissions.
This Manual rescinds and supersedes all prior City resolutions setting forth rules of procedure for the conduct of meetings by City Legislative Bodies (defined below). Wherever there is a conflict between this Manual and any prior City resolution, the terms and rules in this Manual shall govern. Resolutions more specifically superseded by this Manual include, without limitation, the following:
• City of Banning Resolution No. 2004-43;
• City of Banning Resolution No. 1999-31;
• City of Banning Resolution No. 2003-06;
• City of Banning Resolution No. 2000-41;
• Banning CRA Resolution No. 2010-13; and
• Banning CRA Resolution No. 1990-04.
1.2 Definitions
The following definitions shall apply to these rules and procedures:
a) “Legislative Body” means any quorum of any council, board, commission or standing committee (as defined in Government Code § 54952), or other governingbody of the City of Banning that is subject to the Brown Act (Government Code
§ 54950 et seq.). This includes the Banning City Council, Banning Successor Agency to the former Redevelopment Agency, Banning Housing Authority Board, Banning Utility Authority, Banning Financing Authority, Planning Commission, Parks and Recreation Commission, Civil Service Commission, and any standing committee subject to the Brown Act. The term “Legislative Body” does not include Non-Governing Bodies, as defined below. b) “Presiding Officer” means the chairperson of the Legislative Body. For example, this refers to the Mayor when read in the context of the City Council, the Board Chair in the cases of the Successor Agency to the Redevelopment Agency and/or the Housing Authority, and the Chair of any Commission. c) “Vice Chair” means the vice chairperson to the Presiding Officer. For example, the Vice Chair means the Mayor Pro Tempore in the case of the City Council, the Vice Chairperson in the cases of the Successor Agency to the former 733
Redevelopment Agency and/or Housing Authority, and the Vice Chairperson ofany Commission.
d) “Clerk/Secretary” means the person responsible for taking and maintaining the record of proceedings for all meetings, preparation of agendas, calendar clerk and custodian of rules, resolutions, ordinances, and Legislative Body records.
For example, the Clerk/Secretary refers to the City Clerk in the case of the City and the Agency Secretary in the cases of the Successor Agency to the former Redevelopment Agency and/or the Housing Authority.
e) “General Counsel” means the legal advisor to the Legislative Body, such as the City Attorney in the case of a City Council meeting, or Agency Counsel in the cases of the Successor Agency to the former Redevelopment Agency and/or Housing Authority.
f) “City Manager” means the Chief Executive Officer of the City, the Successor Agency to the former Redevelopment Agency, Housing Authority, Financing Authority and Banning Utility Authority. The City Manager may serve as the Secretary to the Successor Agency or Housing Authority, and the City Manager can designate appropriate staff to serve as the clerk/secretary to any Commission of the City.
g) “Non-Governing Bodies” means wholly advisory committees and bodies that are not subject to the provisions of the Brown Act.
h) “Sub-Legislative Bodies” means such advisory committees which are subject to the Brown Act but are not “governing” Legislative Bodies.
These rules and procedures are enacted pursuant to authority granted by Government Code §§ 36813 and 54954. The purpose of this Manual is to provide that the Legislative Bodies’procedures will be consistent with the Brown Act and also to establish procedures which will be convenient for the public and contribute to the orderly conduct of any Legislative Bodies’ business. The procedures herein are in addition to, and not in place of, applicable ordinances and statutes and in the event of conflict between this Manual and applicable ordinances or statutes, the latter shall govern. In the event that any state statute referenced herein is renumbered, the reference herein shall be deemed to refer to the successor statute dealing with the same subject matter.
ARTICLE II – MEETINGS
2.1 Regular Meetings
Unless otherwise specified by a resolution or ordinance applicable to specific Legislative Body, the regular meetings of all Legislative Bodies shall be held on the second and fourth Tuesday of each month at the time designated by the Legislative Body, in the Council Chambers at City Hall, 99 East Ramsey Street, Banning, California 92220, or at such other locations as the Legislative Body may from time to time designate by resolution, in the order of adjournment, or in the notice or call of any special meeting. In the event a day 734
of meeting shall be a legalholiday, said meeting shall be held on the next business day.
2.2 Special Meetings
The Presiding Officer may, when he or she deems it expedient, or upon the writtenrequest of a majority of the Legislative Body, call a special meeting of the Legislative Body for the purpose of transacting the business designated in the call. The means or method for calling such special meeting shall be as set forth in the Brown Act as it now exists or may hereafter be amended. At such special meeting, no business shall be considered other than as designated in the call.
2.3 Special Emergency Meetings
A special emergency meeting may be called by the Presiding Officer or by a majority of the Legislative Body where an emergency exists:
(a) A work stoppage, terrorist act or threat, crippling disaster or other activity which severely impairs public health or safety as determined by the majority of the Legislative Body; or
(b) Such other circumstance specified by State law as authorizing the conduct of an emergency meeting. Any special emergency meeting shall be called, noticed, and conducted only in accordance with the procedures set forth in State law.
2.4 Attendance
A majority of members of the Legislative Body shall constitute a quorum. Less than a majority may adjourn from time to time and may compel the attendance of absent members.Any member who fails to attend any of the meetings of the Legislative Body for 60 consecutive days, unless such absences are excused, shall surrender the office, and be deemed to have surrendered the office.
2.5 Study Sessions
The Legislative Body may meet informally in conference or “study” sessions regarding concerns of the Legislative Body to interchange information, provided that all discussions and conclusions shall be informal. Such meeting shall be called in the same manner as for special meetings or adjourned meetings, as applicable, and be subject to the Brown Act. Each notice shall indicate that an opportunity for public comment shall be provided before any matter shallbe determined. When a meeting has been designated a Study Session, the Legislative Body shall not take any action with respect to the matter under study except with prior public notice, appearing on a properly posted agenda, of such intent to take action. 735
ARTICLE III–NOTICE AND AGENDA
3.1 Notice and Agenda for Regular Meetings
For every regular Legislative Body meeting, the Clerk/Secretary or his or her designee shall post a notice of the meeting, specifying the time and place at which the meeting will be held, and an agenda containing a brief description of all the items of business to be discussed at the meeting as set forth in Article V. The notice and agenda may be combined in a single document.
The notice and agenda must be posted at least seventy-two (72) hours before the regular meeting in a location freely accessible to public twenty-four (24) hours a day during the seventy-two (72) hour period and where the notice and agenda is not likely to be removed or obscured by other postal material. Specifically, the notice and agenda shall be posted at the place indicated below, and/or at such other location(s) as the Clerk/Secretary may designate:
CITY HALL LOBBY
CITY OF BANNING WEBSITE
3.2 Notice and Agenda for Special Meetings
For every special meeting, the Clerk/Secretary or his or her designee shall post a written notice specifying the time and place of the special meeting and the business to be transacted mustbe sent to each member of the Legislative Body (unless the member has filed a written waiver of notice with the Clerk/Secretary) and to each local newspaper of general circulation, and radio or television station that has requested such notice in writing. The notice shall serve as the agenda for the special meeting and shall contain a brief description of all the items of business to be discussed at the meeting as set forth in Article V.
The notice for a special meeting shall be conspicuously posted at least twenty-four (24) hours prior to the special meeting in a location that is freely accessible to the public twentyfour. (24) hours a day and where the notice are not likely to be removed or obscured by other posted material. Specifically, the notice shall be posted at the place indicated below, and/or at such other location(s) as the Clerk/Secretary may designate:
CITY HALL LOBBY
CITY OF BANNING WEBSITE
3.3 Notice and Agenda for Adjourned Meetings
The Legislative Body may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. If all members are absent from any regular or adjourned regular meeting, the Clerk/Secretary may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be delivered personally to each member of the Legislative Body at least twenty-four (24) hours before the adjourned meeting. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special, or 736
adjourned special meeting was held, within twenty-four (24) hours after the time of adjournment. When a regular or adjourned regular meeting is adjourned as provided herein, the resulting adjourned regularmeeting shall be a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. If the subsequent meeting is conducted within five (5) days of the original meeting, matters properly placed on the agenda for the original meeting may be considered at the subsequent meeting. If the subsequent meeting is more than five (5) days from the original meeting, a new agenda must be prepared and posted pursuant to Government Code Section 54954.2.
3.4 Affidavit of Posting
Immediately following the posting of the notice and agenda, the Clerk/Secretary or his or her designee shall complete an Affidavit of Posting, in a form to be developed by the Clerk/Secretary. The Affidavit of Posting shall indicate the time of the posting, the location(s) ofthe posting, and shall be signed under penalty of perjury. The Clerk/Secretary shall retain allsuch affidavits, together with a copy of each notice and agenda so posted. The affidavit, notice, and agenda shall be retained at least two (2) years subsequent to the date of posting, and pursuantto Government Code § 34090, shall not be destroyed by the Clerk/Secretary thereafter except in accordance with the City’s record retention policies.
ARTICLE IV– CLOSED SESSIONS
4.1 Generally
The Legislative Body may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which it is authorized by State law to hear or consider in closed session. Public comment shall be permitted on closed session matters prior to the closed session. If a closed session is included on the agenda, the description of the item shall meet the requirements of and shall identify the statutory basis for theclosed session. During closed session, the Legislative Body shall exclude all persons which it is authorized by State law to exclude from a closed session. No minutes of the proceedings of the Legislative Body during a closed session are required. There shall be no closed session during any special emergency meeting. Closed session may not be held regarding a matter not listed on a properly posted agenda for closed session except upon the Legislative Body first taking action to place the item on the agenda as a closed session item as permitted by law.
4.2 Persons Authorized
Persons present in the closed session shall be only those persons necessary to the discussion of the matter under consideration. All other persons shall be excused. The Clerk/Secretary shall attend each closed session of the Legislative Body and keep and enter intoa minute book a record of any reportable decisions made at the meeting, unless attendance is excused.
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4.3 Confidentiality
The minute book for any closed session is not a public record and shall be kept confidential and shall be available only to members of the Legislative Body or as otherwise provided by law. (Government Code § 54957.2(a).) No person attending a closed session shall publicly discuss or otherwise reveal the proceedings in the closed session unless such publicationhas been approved by the vote of the Legislative Body taken during the closed session or as otherwise required by law. Violation of this rule shall subject the violator to censure by the Legislative Body as provided in Section 10.5 herein.
4.4 Public Reports
Before recessing into closed session, the Presiding Officer or General Counsel shall announce that the Body is recessing into closed session and shall name each closed session topic that will be discussed in closed session in at least as much detail as shown on the agenda.
Upon leaving closed session, the Presiding Officer or General Counsel shall report publicly any reportable actions taken on a closed session matter and, if any vote was taken, shall announce that the matter was put to a vote, the results of the vote, and how each LegislativeBody member voted.
ARTICLE V - AGENDA CONTENTS
5.1 Preparation of Agendas
Barring insurmountable difficulties, the agenda shall ordinarily be delivered to the members of the Legislative Body on Friday (as an informal deadline) preceding the meeting to which it pertains. The agenda shall also be available to the general public at the time it is delivered to the members of the Legislative Body, or in any case as required by the Brown Act.
Any Legislative Body member may have placed on the agenda any business that should be deliberated upon in the future by the Legislative Body. Any Legislative Body member desiring to present a subject for the Legislative Body’s consideration shall advise the City Manager’s office of that fact not later than 12:00 noon on the Tuesday of the week preceding the meeting at which the member wishes the subject to be considered. The matter shall then be listed on the next agenda for discussion of whether it should be a future agenda item. The City Manager shall advise the Legislative Body member of constraints affecting staff’s ability to produce an agenda report, and when the matter should be scheduled.
Notwithstanding the foregoing, the City Manager generally has responsibility for setting the agenda for the Legislative Body (except for any Commission where the responsibility may be assigned to the City Manager’s designee) and may place matters on the agenda in accordancewith the Manager’s evaluation of administrative priorities and resource capacities of City.
5.2 Description of Matters
All items of business to be transacted or discussed at a meeting of the Legislative 738
Body, shall be briefly described on the agenda. The description may, but need not, set out the specific action or alternatives which will be considered by the Legislative Body, but should contain sufficient detail so that a person otherwise unaware could determine the general nature or subjectmatter of the item by reading the agenda. The description of closed session matters shall meet the requirements of Government Code Sections §54954.2 and, where applicable, §54954.5.Matters may be designated as “pending” and listed for the sole purpose of determining if they will be on a future agenda.
5.3 Action Items
(a) Matters may formally be adopted by an ordinance, a resolution, minute order, or other motion (thereafter recorded by minute entry). Technically, all three are equally aslegally effective and binding but vary in the formality of respective memorialization. While most actions will be presented to the Legislative Body in a written form prior to, or at, the meeting, the Legislative Body may amend any proposed action as written by carried motion of the Legislative Body at the time of its presentation for adoption. If an action as written is so amended by the Legislative Body, it shall be revised to reflect the Body’s amendments for later execution by the Presiding Officer.
(b) Besides ordinances and resolutions, action can be taken by motion and recorded as a minute order. A “minute order” denotes a Legislative Body action which is recorded simply by an item entered in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. (c) As a general rule, a recorded majority of the quorum for a Legislative Body may take an action. However, for the City Council, resolutions, orders or the payment of money, and all ordinances require a recorded majority vote of the total membership of the City Council. Some actions, such as the passage of an urgency ordinance or adoption of a resolution of necessity to condemn property, require a super-majority vote. Under the Political Reform Actof 1974, a member with a financial conflict of interest regarding a matter before the member's board must leave the room while that matter is being discussed, heard, or acted on, so that member cannot be counted towards the quorum for that matter.
5.4 Resolutions
(a) A “resolution” is a formal action with findings taken by the Legislative Body, generally pre-prepared in writing, designated by sequential number, and reference towhich shall be inscribed in the minutes and an approved copy of each resolution filed in the official book of resolutions of the Legislative Body. Resolutions are used when specifically required by law, when needed as a separate evidentiary document to demonstrate findings or to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional “whereas” explanatory material it often recites) to facilitate such future reference and research. (b) A resolution may be adopted at the same meeting it is presented. Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, votepursuant to methods prescribed in Article XI, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. 739
(c) Where a resolution cannot reasonably be prepared in advance of a meeting, the Legislative Body may instruct the City Manager or the General Counsel to prepare aresolution for presentation at the next Legislative Body meeting. Where urgent, a resolution maybe presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in Article XI, shallbe followed.
5.5 Ordinances (City Council Only)
(a) The City Council is the only Legislative Body empowered to legislate the Banning Municipal Code by adoption of ordinances.
(b) Ordinances, other than urgency ordinances, require at least two readings atdifferent meetings held at least five days apart with the first reading considered to be introduction and the second adoption.
(c) A waiver of further readings requires a majority vote of the Council members present and voting. The waiver of further reading may be accomplished by one vote for all ordinances presented on the agenda of the present meeting. Government Code Section 36934.
(d) The Clerk/Secretary shall prepare copies of all proposed ordinances for distribution to all members of the City Council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. Ordinances shall be numbered and kept by theclerk/secretary with the same formality as resolutions as described above in Section 5.4. (e) An urgency ordinance is an ordinance adopted for the immediate preservation of the public peace, health, and safety, containing a declaration of facts constituting the urgency. An urgency ordinance takes effect immediately and requires fourfifths vote of the City Council for passage pursuant to Government Code § 36937.
5.6 Contracts and Agreements
When any contract or agreement is to be considered by the Legislative Body, the complete contract and agreement, if complete in form for execution, shall be made a part of the agenda package presented to the Legislative Body and shall be made available for viewing by thepublic within the time frames required under the Brown Act and/or the California Public RecordsAct (Government Code §§ 6250 through 6276.48). The Legislative Body may choose to leave the final form of the contract to the discretion of General Counsel if the Legislative Body hasdetermined the general conditions of the contract.
5.7 Limitation of Actions by Agenda
No action or discussion shall be taken by the Legislative Body, on any item not appearingon a posted agenda, subject only to the exceptions listed in Section 5.9 below. "Action taken" as used herein shall mean a collective decision made by a majority of the Legislative Body, a collective commitment or promise by a majority of the Legislative Body to make a positive or a negative decision, or an actual vote by a majority of the Legislative Body 740
upon a motion, proposal, resolution, order, or ordinance.
5.8 Public Comment Period
Pursuant to Government Code § 54954.3, every agenda posted for any meeting shall contain an item entitled “Public Comment” in order to provide for an opportunity for the publicto address the Legislative Body on items of interest to the public within the Legislative Body’s subject matter jurisdiction. The public comment period should be conducted in accordance with Article VII.
5.9 Exceptions to Agenda Requirement for Action Taken
The Legislative Body may take action at a meeting on an item not appearing on the agenda for that meeting only under one of the following circumstances:
(a) Upon a majority determination that an "emergency situation" that is either
(i) a work stoppage, crippling activity, or other activity that severely impairs public health,safety, or both, or (ii) a dire crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a Legislative Body toprovide one-hour notice before holding an emergency meeting may endanger the public health, safety, or both. All discussion of such emergencies must be in open session.
(b) Upon a determination by a two-thirds (2/3) vote of the Legislative Body, or if less than two-thirds of the Legislative Body are present by a unanimous vote of those members present, that the need to take action arose subsequent to the agenda posting.
For the purposes of this subsection, the term "need to take action" shall mean those circumstances whoseoccurrence creates a situation which is materially different from that which existed at the timethe agenda was posted, and which requires the immediate attention of the Legislative Body. The mere failure of any person to notify the Legislative Body or staff of a pre-existing situation requiring Legislative Body attention until after the time for the posting of the agenda shall not be deemed to constitute a "need to take action" hereunder. If the Legislative Body makes a determination pursuant to this subsection, the minutes of the meeting at which the determination is made shall reflect what circumstances gave rise to the "need to take action" and why the item could not be placed on the agenda.
5.10 Minutes and Recordings
(a) An account of all proceedings of Legislative Body in open meetings shall be kept by the Clerk/Secretary. The Clerk/Secretary shall prepare an abbreviated record of the meetings proceedings for approval by the Legislative Body which when adopted by the Legislative Body shall be the official Minutes of the meeting. Amendment of the minutes may be made only as to factual accuracy and not as to a change of intent. The Minutes of the meetingneed not be verbatim. Only the best and most complete available recording of the meeting shall constitute the official record of the Legislative Body, but the Minutes shall constitute the official record of the Legislative Body meeting where a verbatim record of the meeting is not available.
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(b) Any recording of a meeting made by or at the direction of the Legislative Body is a public record that must be retained and made available to the public for at least 30days. The Legislative Body must provide to the public, without charge, equipment to review the record.
ARTICLE VI – ORDER OF BUSINESS
6.1 Order of Business
The order of business of each meeting shall be as contained in the agenda prepared by theClerk/Secretary unless the majority of the Legislative Body members consent to take items out oforder. The order of business at meetings of the Legislative Body may be as follows, in accordance with the procedures specified below:
(a) Roll Call.
(b) Announcement of Closed Session Items, if applicable. (c) Public Business from the floor on closed session items. (d) Recess.
(e) Reconvene Regular Meeting.
(f) Pledge of Allegiance.
(g) Closed Session Report, if applicable.
(h) Public Comments, Correspondence, Presentations, Appointments. (i) Announcements and Reports
(j) Consent Items. (See Section 6.3 below.)
(k) Public Hearings.
(l) Report(s) of Officers
(m) Discussion Items.
(n) Items for Future Agendas (Pending Matters).
(o) Adjournment.
6.2 Call to Order
The meeting of the Legislative Body shall be called to order by the Presiding Officer, or the Vice-Chair in the Presiding Officer’s absence. In the absence of both the Presiding Officer and Vice Chair, the meeting shall be called to order by the Clerk/Secretary and the threeLegislative Body members present shall elect by majority vote a Presiding Officer for that meeting.
6.3 Consent Items
Matters of a routine or generally uncontested nature and non-controversial, shall be placed on the agenda as Consent Items and may be approved by the Legislative Body in a single motion by adoption of the Consent Calendar. The approval of the Consent Calendar shall signifythe approval of each matter or recommendation included therein. All matters on the Consent Calendar shall be the subject to public comment procedures in Article VII. Upon the request of any member of the Legislative Body or upon the request of a member of the public made throughthe Presiding Officer, a matter may be removed from the Consent 742
Calendar for separate discussion and/or action. Any such item shall be considered as part of the Excluded Consent Calendar. Each matter proposed for consideration as part of the Consent Items, including any recommended action, shall be described on the notice and agenda posted for the meeting. The following matters are not appropriate for the Consent Calendar:
(a) Ordinances shall not be placed on the Consent Calendar for approval unless the ordinance has first been read or the reading of the ordinance has been waived as required by law.
(b) Any matter where the City Manager believes (i) it the matter would most likely be unanimously approved by the Legislative Body, or (ii) there is not likely to be public comment on the matter, or (iii) a public presentation of the matter would not be particularly beneficial to the community or public interest.
6.4 City Representatives and Advisory Bodies (City Council Only) (a) From time to time the Council may be required to assign a representative of the City to non-City boards, commissions, or organizations (e.g., boards or commissions of another agency or joint powers authority). Except as otherwise required by law or by the policies of the non-City organization, the Mayor shall make all such appointments of City representatives on non-City organizations after consultation with the City Council. Council appointments to non-City organizations shall be considered and made with the goal of keeping the appointee in the organization for a long enough period of time that the appointee may gain seniority and/or a position of leadership within the organization. This goal shall be construed to mean that the same appointee should remain within a non-City organization for at least two yearswhere reasonably possible and convenient for said appointee. Nothing herein, however, shall be construed to limit or waive the City Council’s power to remove appointees pursuant to subsection (c) below. (b) The City Council shall have the power to establish advisory committees,commissions, other Legislative Bodies and Non-Governing Bodies. Any committee which is (i) established by ordinance, resolution, or other formal action, or (ii) has a fixed regular meetingschedule, or (iii) has continuing subject matter jurisdiction over a nontemporary issue, or (iv) which continues to conduct business in excess of 180 days, or (v) has a majority membershipof officials from other Legislative Bodies, shall be subject to the provisions of the Brown Act.
Advisory bodies and committees may take the following form:
i) The Council may, as the need arises, authorize the appointment of “ad hoc” Council committees composed of two members. Except where otherwise specifically provided by law, the Presiding Officer shall appoint the members of the Council committees, subject to the approval of the Council. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council.
ii) The Council may, subject to the Brown Act, create other committees, boards, and commissions, whether Legislative Bodies or Non-Governing Bodies, 743
to assist in the conduct and operation of the City government with such jurisdiction and duties as the Council may specify. Except as otherwise required by law, the Mayor shall make appointments of members to such committees, boards, or commissions subject to the approval of the Council. The procedure of filling vacancies and provision of notice thereof shall be subject to the provisions of the Maddy Act (Government Code §§ 54970-54974). iii) Sub-Legislative Bodies, including Non-Governing Bodies, shall beresponsible for reporting the Body’s activities to the City Council. The members of a SubLegislative Body or Non-Governing Body shall operate within the jurisdiction established by the Council and shall not have authority to make subcommittees unless specifically granted such authority by action of the full City Council. Staff members may be assigned to assist any Council-created committee by the City Manager; staff members so assigned shall not be members of the committee unless specifically appointed as such by action of the full Council. (c) Absent any other provision to the contrary, members of any non-City organization, or City committees, boards or commissions may be removed by the Council without cause by a majority vote of the whole Council body. Any member of the City Council may place the question of such removal on the agenda. Any committees, boards, or commissionsso created may be abolished by a majority vote of the whole Council body by repeal of the enacting ordinance or resolution.
6.5 Budgets
The City Council shall have the power to approve the City budget, and each Legislative Body shall have the power to approve the budget of funds specifically apportioned to control of that Legislative Body (e.g., the Successor Agency Board shall approve the budget of the Agency and the Housing Authority Board shall approve the budget of the Authority).
Approval of the budget constitutes approval of a proposed plan of expenditures and revenues.
It does not constitute an authorization for expenditures. With respect to any given expenditure the applicable procedure shall be followed. Further adoption of the budget does not, unless otherwise specified by resolution, constitute authorization for any specific employment class or position.
6.6 Items from Members
(a) There is a specific item on the agenda for receiving general comments, announcements, and/or suggestions from members of the Legislative Body. This can be used to inform the public concerning upcoming events, report on members’ attendance at conferences and seminars, for requests by members that staff look into specific matters or similar matters. These matters may not be discussed, opined upon, or deliberated, and if they do not concern a matter on the agenda, shall be handled by the Presiding Officer according to the same proceduresset out for Public Comment in Section 7.3. No action may be taken on such matters without being placed on a subsequent agenda.
(b) There is an agenda item referred to as pending matters. Matters are listed under this item pursuant to Section 5.1 where a member has asked that the matter be scheduled for discussion of whether a future staff report should be prepared. The listing of the matter allows a discussion of whether a staff report should be prepared, or it may be held on the pendingagenda to keep track of when it will be assigned to a future agenda. 744
(c) There is an agenda item referred to as Reports from City Manager. This may be used by the City Manager similarly to the item for members of the Legislative Body in Subsection (a) above to make announcements without separately listing the matter on the agenda,and subject to the same restriction that there may be no discussion or action on such matter.
(d) There is an agenda item referred to as Reports from City Treasurer. The City Treasurer shall attend the meetings of the Legislative Body, unless excused. The City Treasurer may report on (i) the activities of the City Council Budget and Finance Committee and (ii) the duties of the City Treasurer as imposed under State law, except such duties otherwise delegated by the City Council to the City Clerk or the Administrative Services Director.
ARTICLE VII– PUBLIC COMMENT AND PRESENTATIONS
7.0 City Council Meeting Presentations
City Council presentations are for providing information to the Mayor and Council, City management, and the community about activities of interest and value to include activities, events and infrastructure projects relating to the City, honors and celebrations for organizations, corporations and residents which reflect their service to the Banning community, honors, and recognitions for City staff for outstanding service or commitment to the City’s mission andgoals. Please Note: This is not the appropriate time to seek funds from the City and/or endorsements from City Council or discuss politics.
All presentations are to be no more than five minutes in length; this is to include all speakers for the group being recognized. Please see the attached “Exhibit B” for a complete copy of the Banning City Council Meeting Presentation Policy contained and incorporated as an exhibit to the Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings for the City of Banning.
7.1 Public Comment
At the beginning of any Legislative Body meeting the public shall be afforded the right tocomment on any and all issues (not on the agenda) within the subject matter jurisdiction of the Legislative Body. Such general public comment on non-agendized issues shall be taken at the beginning of the meeting under a “General Public Comment” heading. Each speaker will be limited to a maximum of three (3) minutes to provide comments on non-agendized issues.
With regard to matters not on the agenda, the Legislative Body may ask questions of persons whoraise new matters during the General Public Comment period or otherwise However, all Legislative Body questions must be limited to facts-only informational inquiries, and the Legislative Body may not discuss the merits, express any opinions, or ask questions that convey opinions or thought processes with respect to any non-agendized issue. The public shall also be afforded the right to comment on every item appearing on the agenda prior to the Legislative Body’s consideration of that item, as provided in Section 7.4 below.
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7.2 Time Limitations
The time limit to speak for public comments is five minutes during a noticed public hearing, provided that these limits do not apply to a project applicant speaking at a public hearing pursuant to Article VIII. All such time limits shall be noticed on the agenda for the meeting. Notwithstanding these time limits, the Presiding Officer has the full prerogative to maintain meeting order and decorum as provided in Section 9.1 and Article X generally, and the Presiding Officer may extend time if he/she finds such extension is reasonably necessary toallow the speaker to compete his/her message without repetition or unnecessary tangents.
7.3 Reserved
7.4 Additional Procedures for Public Comment on Agenda Items (a) Members of the public shall have the opportunity to address the Legislative Body on each and every item listed on the agenda. Public comment on agenda items must be heard prior to the Legislative Body’s consideration/discussion of the item.
Public comments on an agenda item may be heard either in combination with the General Public Comment period at the start of the meeting, or at the time the Legislative Body opens the item, orboth, as determined by the Legislative Body and set forth in the agenda. (b) The purpose of the public comment period is to receive input from the public, not to create a debate between the Members and the public. Members should generally refrain from debating members of the public during the period for public comment, but if Members desire to clarify comments by members of the public, they may ask factual questions, and if necessary, should do so during the public comment period. (c) The Presiding Officer should clearly open and close the public comment period. After the close of the public comment period or after a motion has been made, no member of the public shall address the Legislative Body without first securing permission of the Presiding Officer.
ARTICLE VIII– NOTICED PUBLIC HEARINGS
8.1 Public Hearings; Notice; Fairness
(a) Matters noticed to be heard by the Legislative Body shall commence at thetime specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made.
(b) Legislative Body members shall not overtly or implicitly promise a particular action by City staff or by any Legislative Body. Where a Legislative Body member is contacted about an issue that will be presented to any Legislative Body of the City, it is appropriate to give a brief overview of City policy, to refer to City staff for further information, or to suggest that the concern be brought to the whole Council at the hearing or Council meeting,as appropriate.
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(c) All public hearing notices shall be issued and published in compliance with any statutory notice requirements applicable to the particular hearing at issue and such notice shall inform interested persons of the Statute of Limitations to challenge the validity ofany action taken by the Legislative Body on such matter. (d) In all matters before a Legislative Body, whether public hearing or otherwise, the Body must judge the matter fairly and without personal bias. Although every Legislative Body member has a right to their own personal opinions, Legislative Body members should by their demeanor show an ability to listen to a variety of viewpoints and demonstrate a reasonable willingness to consider all sides of an issue before them. For quasi adjudicative matters involving public hearings, the members of the Legislative Body shall not prejudice the matter prior to the public hearing, shall be fair and impartial, and shall decide the matter based upon the evidence and the statutorily required findings. (e) For such matters, Legislative Body members should avoid expressing an opinion or divulging their thought process until after the public hearing has been completed.
8.2 Continuance of Hearings
(a) Any hearing being held or noticed or ordered to be held by the Legislative Body may, by order or, notice of continuance, be continued, or re-continued to any subsequent meeting in the manner provided for adjourned meetings. (b) When it is the decision of the Legislative Body to continue an item, which appears on the agenda, prior to hearing any report, testimony or taking evidence on the item, the Legislative Body may make such intent known at the beginning of the meeting. At that time, the public shall be offered the opportunity to speak regarding the intent to continue the item. At the time regularly scheduled for the hearing of the item, the Legislative Body shall then take actionto continue the item after again informing the public of the intent to continue the matter. No testimony or evidence shall be taken at that time unless the speaker will not be available at the continued hearing date.
(c) When the Legislative Body has continued the public hearing on an item after its commencement, persons testifying at the first public hearing shall be permitted to again address the Legislative Body on the item at the renewed hearing subject to the finding of the Presiding Officer that the testimony is redundant. Upon such finding the time allotted for testimony by the individual may be summarily reduced.
(d) Continuances of a public hearing to a date certain need not be re-noticed unless (i) the hearing has not been continued to a date certain, or (ii) has been continued three or
more times and the Presiding Officer believe confusion may be created as to the time of thehearing.
8.3 Conduct of Hearings
(a) When a matter for public hearing comes before the Legislative Body, the Presiding Officer shall request that staff present the staff report and any other relevant evidence, but the presentation of the staff report prior to the formal opening of the public 747
hearing shall not prevent its consideration as evidence. Any such evidence shall be made a part of the record of the public hearing. The Presiding Officer shall permit members of the Legislative Body to ask questions of staff but should prevent expressions of opinion by members of the Legislative Bodybefore the conduct of the hearing. (b) The Presiding Officer shall thereafter open the public hearing and inquireif there are any persons present who desire to address the Legislative Body on the matter. Any person desiring to speak or present evidence upon being recognized, may speak or present evidence relevant to the matter being heard. Any testimony shall be truthful. (c) Members of the Legislative Body who wish to ask questions of the speakers, during the public hearing portion, may do so but should be mindful that the purpose of the public hearing is to obtain testimony and evidence from the speakers, and not to debate the merits of the matter with speakers. Members should avoid debate and expressions of personal opinion until after the close of the public hearing. Unlike public comment periods, generally there should be no response to speaker comments until after the close of the hearing.
The Presiding Officer shall conduct the hearing in such a manner as to afford due process to all affected persons.
(d) All persons interested in the matter being heard by the Legislative Body shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the Clerk/Secretary as part of the record. Each speaker may only speak once during the public hearing unless the Legislative Body requests additional clarification later in the process.
(e) Upon closing of the public hearing by the Presiding Officer, no additional public testimony shall be solicited or received by the Legislative Body without reopening the public hearing. If, however, the Legislative Body receives relevant new evidence after the close of the public hearing and such new evidence may impact the Legislative Body motion or vote,the Legislative Body may re-open the public hearing to obtain public comments upon such new evidence.
(f) The Presiding Officer has the prerogative to establish special rules, such asto require group spokesmen, to limit the number of speakers to limit the total time for testimony to allow speakers to give time to others, or otherwise control the hearing, provided that (i) speakers are treated fairly, and that (ii) any such special rules are announced in advance of their application. The Presiding Officer always retains the prerogative to cut off speakers who are unduly repetitious, and to permit the extension of time to speakers.
8.4 Extra-Meeting Contacts on Matters Set for Public Hearing (a) Legislative Body members should minimize their contacts with developers, applicants, or other persons who will be the subject of a quasi-adjudicative public hearing matter to be heard before the Legislative Body. Legislative Body members should avoidextra-meeting contacts with persons who will be the subject of a public hearing before the Body or with advocacy groups or special interests.
(b) If a Legislative Body member is contacted directly by such person 748
outside the meeting setting, the member shall refrain from expressing any viewpoints or thought processes to the person until after the public hearing. The Legislative Body member may explainthat they are unable to express any viewpoint on the matter until all evidence has been heard in the course of a public hearing and should encourage any such person to present their position in writing or orally at the public hearing. (c) At the commencement of the public hearing, the Legislative Body membermust disclose publicly any extra-meeting contacts or discussions had which may be relevant to the decision.
(d) The limitations set forth in this Section shall not be read as preventing a Legislative Body member from inspecting a site that will be relevant to a public hearing, although such sight inspection should be disclosed on the record at the beginning of the public hearing.
ARTICLE IX - OFFICERS
9.1 Presiding Officer
(a) The meeting shall be presided over and chaired by the Presiding Officer, or, in the Presiding Officer's absence, the Vice Chair. The Presiding Officer shall have the authority to rule any speaker out of order, including speakers during the public comment periodif the subject raised is not within the subject matter jurisdiction of the Legislative Body, orduring a public hearing if the speaker is not presenting testimony or evidence relevant to the matter which is the subject of the public hearing. The Presiding Officer shall have the responsibility for the conduct of meetings in an orderly manner and to prevent the obstruction of business, and in carrying out this responsibility shall have the authority to give the floor to any member of the Legislative Body or public by recognizing them, to prevent the misuse of legitimate forms of motions or privileges, to take matters up out of order, to caution speakers as to disruptive behavior, and to order any persons willfully interrupting the meeting to be removed from the room, including as provided in Article X. (b) The Vice Chair shall generally take the place of the Presiding Officer inthe absence of the Presiding Officer. In the absence of the Vice Chair, the Presiding Officer maycall any other member to take his or her place as Presiding Officer; such substitution not to continue beyond adjournment.
(c) Any determination made by the Presiding Officer may be appealed by the making of a Motion to Appeal the Ruling by any other member of the Legislative Body. The Presiding Officer's determination will stand unless a majority of the Legislative Body members vote in favor of the Motion to Appeal the Ruling, in which case the ruling of the PresidingOfficer will be overridden. The Motion to Appeal the Ruling is governed by the Chart of Motions attached as Exhibit A.
9.2 Representation of Legislative Body
(a) The Mayor is the designated representative of the City and the City Council for purposes of presenting and expressing the official City position on an issue. If 749
individual members of the Council or other Legislative Bodies are contacted by the media for a statement of official City position, the member should refer such inquiries to the Mayor.
Otherwise, public or media statements by a Legislative Body member should be clearly characterized as comments upon a personal viewpoint.
(b) Members of the City Council may use official City letterhead to correspond with other public officials and with consultants, but any such correspondence shall state that the views expressed therein are personal and not the position of the City unless the CityCouncil has officially adopted such position. No commission or Sub-Legislative Body may take a position officially representing the City unless authorized to do so by the City Council.
9.3 Email Policy
(a) Members of the Legislative Body are provided with City email accounts which may be utilized for the conduct of City business, including communications with constituents. Members should be aware that all such communications may be subject to the Public Records Act (Gov’t Code Section 6200). Use of private email accounts for City business may also make them subject to disclosure.
(b) Members of the Legislative Body are subject to the Brown Act in the use of email. Email communications may not be used to develop a collective consensus or decision on any matter. Email communications to the entire Body should be avoided but may bepermitted to provide factual information, for example such as arranging an event, where no discussion or exchange of opinions on a matter within the jurisdiction of the Legislative Body is initiated or occurs.
9.4 Clerk/Secretary
The Clerk/Secretary or his/her deputy shall attend all meetings of the Legislative Body unless excused and shall keep the official minutes and perform such other duties as may be requested by the Legislative Body.
9.5 City Manager
The City Manager, or designee, shall attend all meetings of the Legislative Body unless excused. The City Manager may make recommendations to the Legislative Body and shall have the right to take part in all discussions of the Legislative Body but shall have no vote. The City Manager shall provide the Legislative Body with a staff report providing sufficient information to be the basis for any action by the Legislative Body at its meeting. Any officer or employee of the City, when directed by the City Manager, shall attend any meeting of the Legislative Body, and may present information relating to matters before the Legislative Body.
9.6 General Counsel
(a) The General Counsel, or deputy, shall attend all meetings of the City Council unless excused and shall upon request of any member give an opinion, either written or oral, on questions of law. The General Counsel, or deputy, shall attend all meetings of such 750
other Legislative Bodies as directed by the City Council or City Manager. The General Counsel serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. Final rulings on parliamentary procedure are made by the Presiding Officer, subject to the appeal of the full Legislative Body pursuant to Section 3 of Article XI, below. All ordinances and resolutions, all contracts, deeds, and easements or other legal instruments shall be approved as to form and legality by the General Counsel. Contracts may be approved as to form and/or legality by the General Counsel when exceeding purchasing ordinance and policy guidelines. In any case of ambiguity or uncertainty inthe interpretation or application of this Manual to any procedure, the Presiding Officer may direct such question to the General Counsel for a ruling. (b) Any member of the Legislative Body may request from the General Counsel a legal opinion regarding any matter related to the interests of the City. Where a legal opinion involves substantial cost, the request for the opinion must first be approved by the City Manager or by a majority of the Legislative Body. The General Counsel is the legal representative of the City acting through its Legislative Body. There is a continuing legal question as to whether the General Counsel may have an attorney-client relationship with any individual member of the Legislative Body or the City staff. As a consequence, any discussion with the General Counsel which leads to the conclusion that the interests of the City are at risk must be revealed to all relevant members of the Legislative Body and the City staff by the General Counsel. The General Counsel shall not have an attorney-client relationship withindividual Council members. The General Counsel is required to maintain the confidentiality of such communications from persons outside the City to the extent required or permitted by law and the code of ethics.
(c) The General Counsel has no statutory duty or authority under the Political Reform Act to provide Political Reform Act advice to any Legislative Body member but should provide advice to members when requested. However, a Legislative Body member may not rely on advice from the General Counsel to provide him or her with immunity from FPPC enforcement or prosecution. Such immunity may be obtained only through a written advice letterobtained from the FPPC, on the question in issue, by the Legislative Body member. A Legislative Body member enjoys no privilege of attorney/client confidentiality in reviewing these matters with the General Counsel. Any advice given to an individual member of aLegislative Body cannot be withheld from the rest of the City or Legislative Body. If, after receipt of an opinion of the General Counsel, the Legislative Body member wishes to participate in the decision-making process with immunity from prosecution or enforcement, the General Counsel shall assist the Legislative Body member in making direct contact with the FPPC for informal or formal advice upon which the Legislative Body member can rely. (d) [City Council Only]. It often happens that other jurisdictions or the League of California Cities or other regional or statewide association will ask the City to participate in the filing of a letter or brief before a court in a matter deemed to be of concern toall or a great many cities. These “friend of the court” or “amicus” briefs have the effect of informing the court how widespread will be its opinion and how that opinion will affect cities.
Such participation is normally without direct cost to the City. In considering whether to direct General Counsel to file an amicus brief, the City Council shall consider whether such briefwould represent or propose a position that conflicts with, or causes strife amongst, other 751
City- related interests such as, without limitation, the interests of employee organizations, law enforcement or public safety.
i) Upon receipt of the request, the General Counsel shall make the request available through the City Manager to the Council. Upon a determination by any Council member that there is an interest in participating in the action in the manner proposed, theCouncil member shall inform the City Manager or General Counsel who shall place the matter asan item for discussion in closed session on the agenda of the next Legislative Body meeting. TheGeneral Counsel may otherwise place an amicus request on the agenda on his or her initiative.
ii) In lieu of the foregoing process, where there is urgency to the matter, General Counsel is authorized to undertake the filing of the letter or brief where (i) in the opinion of General Counsel the legal matter significantly affects the interests of the City, (ii) the General Counsel has consulted with and received the approval of the City Manager, (iii) the cost to the City will not exceed $5000, and (iv) the General Counsel makes a written report of the action to the Legislative Body.
iii) Approval given to General Counsel to defend, or seek or refrain from seeking, appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a closed session consultation shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agency's ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.
9.7 Conflicts of Interest
All Legislative Body members are subject to the provisions of California Law, such as Chapter 1, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Legislative Body. Any Legislative Body member prevented from voting because of a conflict of interest shall refrain from in any way participatingin the matter giving rise to the conflict. Where abstention from a matter is made on the basis of aconflict of interest arising from a financial interest in the decision, the Legislative Body member shall announce their abstention from the matter when it is first opened, and then shall set forththe reason for the abstention with the degree of specificity at least equal to the disclosure of the Legislative Body member’s financial interests on the Legislative Body member’s annual statement of financial interests; immediately after such announcements, the Legislative Body member shall leave the room. The Legislative Body member shall not overhear the staff report, participate in the discussion or deliberations, and shall not otherwise make or participate in making the decision or in any way attempt to use his or her official position to influence the decision. This shall not prevent the conflicted Legislative Body member from coming before theLegislative Body solely during the public 752
comment period as an affected citizen to state his/her opinion on how the matter impacts their disqualifying interests.
9.8 Reserved
9.9 No Financial Interest in Contracts
A member of a Legislative Body shall not have a financial interest in a contract within the meaning of (Government Code §1090 et seq.) made in their official capacity and such contract shall be null and void whether the member participates in the making of the contract or not.
9.10 Ethical Standards
A member of a Legislative Body shall maintain the highest ethical standards and shalladhere to all laws and the ordinances and regulations of the City in carrying out their duties.
ARTICLE X– DECORUM AND ORDER
10.1 Decorum and Order – Legislative Body Members
(a) Any member of the Legislative Body wishing to speak, or any member of the public wishing to address the Legislative Body must first obtain the floor by being recognized by the Presiding Officer. The Presiding Officer must recognize any member of the Legislative Body who seeks the floor when appropriately entitled to address the Legislative Body. The Legislative Body member shall confine himself or herself to the question under debate.
(b) Any member of the Legislative Body, including the Presiding Officer,may bring a matter of business properly before the Legislative Body for decision by making a motion. Any Legislative Body member, including the Presiding Officer, except the Legislative Body member making the motion, may second a motion. Once a motion is seconded, it may be opened for discussion and debate.
(c) The Presiding Officer shall determine all points of order, subject to the right of any member to appeal to the majority Legislative Body. (d) A Legislative Body member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, unless a Point of Order is raisedby another Legislative Body member, or unless the speaker chooses to yield to questions from another Legislative Body member.
(e) Any Legislative Body member called to order while speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, the member shall be permitted to proceed. If ruled to be not in order, the member shall comply with ruling of the Presiding Officer.
(f) Legislative Body members shall accord the utmost courtesy to each other, to City or Legislative Body employees, and to the public appearing before the Legislative Body and shall refrain at all times from rude and derogatory remarks, 753
reflections as to integrity,abusive comments, and statements as to motives and personalities, which disrupt, disturb, or otherwise impede the orderly conduct of the Legislative Body meeting.
(g) Any Legislative Body member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Legislative Body shall require the member to so act.
(h) The members of the Legislative Body shall not engage in communicationsbetween themselves during the Legislative Body meeting (including breaks) regarding matters being considered on the agenda unless and until the Legislative Body has opened that agenda item. In order to minimize exposure to a Brown Act violation, Legislative Body members are discouraged from discussing any City business during breaks or before and after meetings; City business may only be discussed by a quorum of Legislative Body members when it is opened asa duly noticed agenda item. (i) The members of the Legislative Body shall always be attentive and show respect to those addressing the Legislative Body provided that nothing shall prevent the enforcement of the rules of decorum herein.
(j) No Legislative Body member attending a meeting of another City commission or committee shall make any statement or, give the appearance or indicate in any way that they are representing the Legislative Body unless they have been authorized to do so bythe Legislative Body. When making a comment at such a meeting, the Legislative Body member should make it clear that they are speaking solely as an individual. Unless officially appointed toparticipate on a committee, Legislative Body members should make an effort not to insert themselves into or take positions on matters which will ultimately be decided upon by the Legislative Body.
(k) The Legislative Body may punish its own members for misconduct pursuant to Section 10.5.
10.2 Decorum and Order – Employees
(a) Members of administrative staff and employees of the Legislative Body shall observe the same rules of procedure and decorum applicable to Legislative Body members. The City Manager shall ensure that all staff and employees observe such decorum.
Any staff members, including the City Manager, desiring to address the Legislative Body or members of the public shall first be recognized by the Presiding Officer. All remarks shall be addressed to thePresiding Officer and not to any individual Legislative Body member or member of the public.
(b) Questions of City staff and/or requests for follow-up or additional background information should be directed only to the City Manager, General Counsel, AssistantCity Manager, or Department Heads. The Office of the City Manager should be copied on any request, except those to the General Counsel. When in doubt about what staff contact isappropriate, Legislative Body members should ask the City Manager for direction.
Materials supplied to a Legislative Body member in response to a request will be made 754
available to all members of the Legislative Body so that all have equal access to information. (c) Legislative Body members should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace.
10.3 Decorum and Order – Public
(a) Members of the public attending Legislative Body meetings shall observe the same rules of order and decorum applicable to the Legislative Body. All remarks and questions should be addressed to the Presiding Officer and not to any individual LegislativeBody member, staff member or other person.
(b) Any person conducting their public remarks or behavior before the Legislative Body in such a way as to actually cause disruption to the conduct of the meeting maybe removed from the room by the sergeant-at-arms as directed by the Presiding Officer.
Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar disruptive demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant-at- arms to remove such offenders from the room or call a recess of the meeting.
Aggravated cases may be prosecuted on appropriate complaint signed by the Presiding Officer. (c) Members of the public shall be allowed to video or audio record a public meeting unless such recording becomes an actual and unreasonable disruption to the Legislative Body’s ability to carry-out the meeting.
10.4 Enforcement of Decorum
(a) The Banning Police Chief or designee shall be ex-officio sergeant-atarms of the Legislative Body. He shall carry out all orders and instructions given him by the PresidingOfficer for the purpose of maintaining order and decorum in the Legislative Body meeting.Upon instructions from the Presiding Officer, it shall be the duty of the sergeant-at-arms to eject any unruly person from the Legislative Body meeting chamber or place him or her under arrestor both for conduct actually disrupting to the Legislative Body proceedings. Such person may bebarred from further participation in the meeting. (b) Generally, if the Presiding Officer intends to eject a person for disruption of a meeting, a public warning should be issued. Examples of remarks or behavior that cause actual disruption of the Legislative Body proceedings include:
• Unauthorized remarks from the audience, stamping of feet, whistles, yells, outbursts, catcalls, cursing, applause, offensive or obscene gestures or similar demonstrations which disrupt, disturb, or otherwise impede the Legislative Body proceedings • Interrupting speakers or speaking when not recognized • Calling members of the audience names or threatening them • Extended discussion of matters beyond the jurisdiction of the Legislative Body
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• Physical threats to any person
• Shouting into the microphone
• Dumping objects on the floor of the chamber where the proceedingis held for symbolic or other reasons.
• Speaking beyond the time limits
• Being unduly repetitious
(c) Examples of non-disruptive conduct include:
• Silent gestures by members of the audience, such as a thumbs upor thumbs down or Nazi salute that are not otherwise
disruptive of the meeting.
• Catcalls or booing during a time allowed for applause that does nototherwise disrupt the meeting.
• Criticisms of public officials or staff during a time reserved for public comment that does not otherwise violate Council
proceduresand does not disrupt the meeting.
(d) As set forth in Government Code § 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the Legislative Body members may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in this Section shall prohibit the Legislative Body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
10.5 Censure of Legislative Body Members
(a) It shall be a violation of this section for any sitting member of a Legislative Body to violate any general law or regulation, and any, rule, law, ordinance, or resolution of the City of Banning. It shall also be a violation of this section for any sitting member of a Legislative Body to violate an administrative policy of the City which has been adopted following a vote of the Legislative Body or the City Council on the matter and which by its terms is expressly made applicable to the Legislative Body. (b) Any violation of the foregoing paragraph by a Legislative Body member may be punished through the administration of a public censure of the member by the member’s Legislative Body. Such censure may be in addition to any other punishment applicable to the violation. For purposes of this section, "censure" shall mean the adoption of a motion setting forth a statement of disapproval of a Legislative Body member's conduct. (c) When evaluating a request for defense made by the censured member in litigation arising from the censured conduct, the record of the censure shall be considered by the Legislative Body. Such record shall not be determinative. Failure of the Legislative Body to censure the conduct of a member does not constitute waiver of the Body's right to refuse to 756
defend the member in an action.
(d) A Legislative Body member may not be made the subject of a motion for censure without first being given notice of the violation and an opportunity to correct theviolation if it can reasonably be corrected. Upon a continued violation or failure to correct, the charged member shall be given notice and an opportunity to be heard as follows:
(i) Only a sitting member of the Legislative Body whose member commits the violation may initiate proceedings for the censure of one of its members.
(ii) Proceedings shall be commenced by the presentation of a written statement of charges to the subject Legislative Body member witha copy delivered concurrently to the Clerk/Secretary by the member initiating the charge. Initiation shall not require the prior approval of the Legislative Body. The statement of charges shall be given at least ten days prior to the meeting at which the censure motion is proposed to be brought. The notice shall contain, at a minimum, the designation of the specific rule, law regulation, etc. which the member is claimed to have violated and a statement of the date, place, and time at which the violation occurred. The statement shall further contain a description of the conduct of the member which is alleged to constitute the violation. The statementof charges shall be delivered to all other Legislative Body persons.
(iii) Within seven (7) days after delivery of the statement of charges, the charged member should deliver a written response to the other members of the Legislative Body unless the charged member chooses to defer to response to the hearing.
(e) The motion for censure shall be agendized and considered at the first regular meeting occurring 10 days following the delivery of the statement of changes to the member and Clerk/Secretary. The hearing may not be continued except upon the absence from the meeting of a member of the Legislative Body other than the member bringing the charge or the member who is the subject of the charge.
(i) The hearing shall be conducted in an open session by the PresidingOfficer unless the Presiding Officer is a party to the action, in which case the Vice Chair or some other member shall conduct theproceedings.
(ii) The hearing shall generally proceed by a reading of the charges by the charging member. The charging member may present witnesses; the charged member may answer in rebuttal;
membersof the public may speak in favor or opposed to the charge; and the remaining members may speak to the charges in that order.
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(iii) Passage of the motion for censure shall require a majority vote of the members of the Legislative Body. The voting members shall not go into closed session for deliberation.
(f) If the motion for censure does not pass the proceedings shall be at an end.
A new motion for censure on the same grounds of violation may not thereafter be commenced against the same Legislative Body member for a period of 1 calendar year from date of the vote. However, new proceedings may be commenced on the same charges within the 1-year period on the vote of 4 members of the Legislative Body. (g) If the motion for censure does pass, such motion shall become a part of thepublic record a copy of which shall be made available upon demand to any member of the publicand notice of same shall be placed in the administrative file of the Legislative Body member.
10.6 Persons Authorized To Be Within Platform/Dais
No person except Legislative Body officials or authorized Legislative Body staff shall be permitted behind the Legislative Body dais without permission or consent of the Presiding Officer.
10.7 Personal Privilege
If a Legislative Body member is personally offended by the remarks of another member, the offended Legislative Body member should make notes of the actual words used and call for a"point of personal privilege" that challenges the other member to justify or apologize for the language used. The Presiding Officer will maintain control of this discussion.
The right of a member to address the Legislative Body on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned, or impugned.
ARTICLE XI – PARLIAMENTARY PROCEDURES
11.1 Procedures In Absence Of Rules
(a) Unless otherwise specified in this Manual or by ordinance or resolution, meetings of the Legislative Body shall be conducted in accordance with the most recently revised edition of Robert's Rules of Order. In the event of any conflict between Robert's Rules and this Manual, the provisions of this Manual shall govern. (b) Any provision of these rules not governed by the Government Code may be temporarily suspended by a two-thirds vote of all members of the Legislative Body.
Such suspension may be moved at any time by a member. The vote on any such suspension shall be taken by yeas or nays and entered upon the record. (c) Motions, motion procedures and precedence of motions shall be conductedin accordance with Exhibit “A” hereto.
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11.2 Voting
(a) After a full opportunity for debate if it appears that there is a consensus of opinion among the members of the Legislative Body on the matter to be voted upon, thePresiding Officer may state the consensus of the Legislative Body and ask if there is any objection. If there is no objection, the consensus as so stated shall become the order of the Legislative Body. The Presiding Officer may also determine that a consensus exists following a call for a vote by any member of the Legislative Body by a Motion to Call the Question. (b) Except as in Subsection (a) above, otherwise, all votes of the Legislative Body shall be taken by electronic vote. In the event the electronic voting machine is not functioning or otherwise unavailable, vote shall be by roll call vote. The order voting shall be alphabetical with the Presiding Officer voting last. The Clerk/Secretary shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond ‘aye’, ‘no’ or ‘abstain.’ After every vote, the Legislative Body shall declare the result and, on all but consensus votes, shall note for the record the number of votes for or against the question. The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered uponthe official record of the Legislative Body.
11.3 Votes Needed
(a) Usually, in the absence of a contrary statutory provision (such as urgency measures), a majority of a quorum which constitutes a simple majority of the Legislative Body may act for that body. However, resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of a Legislative Body.
(b) State law may dictate certain instances in which the number of votes required is greater than a majority of all Legislative Body members. As a matter of convenience,questions on which the voting requirement is varied by the State statutes and these rules, include,without limitation, the following:
(i) Levying Taxes - Ordinances providing for the Assessment andcollection of taxes require the approval of two-thirds of the members of the whole Council.
(ii) Assessment - Assessments require a two-thirds vote of the whole Council.
(iii) Bonds and Certificates of Participation - Authorizing these financial instruments the issuing requires a two-thirds vote of the total Council.
(iv) Eminent Domain - The exercise of Eminent Domain requires a two-thirds vote of the total Council.
(v) Certain Parliamentary Motions – Motions requiring a 759
supermajority vote are noted in the Motions Chart attached hereto.
(c) Any official with a conflict of interest is not counted for purposes of establishing a quorum, and must not vote on, make, participate in any way in, or attempt to influence the decision. A Legislative Body member abstaining on any other grounds than a conflict under the Political Reform Act shall be counted as present for purposes of a quorum and such abstentions are counted with the majority. The Legislative Body member who leaves the dais solely to avoid participating in a specific item shall, in absence of a conflict, be counted as ifthey were present but abstaining and such abstentions are also counted with the majority. (d) Reconsider
Any Legislative Body member who voted with the majority may move to reconsider any action at the same meeting or, within sixty (60) calendar days, request in writing to the Clerk/Secretary that it be agendized for consideration at the following meeting, provided that reconsideration shall not be permitted where a party other than the City has acted in reliance on the Legislative Body’s action and would be substantially prejudiced by such reconsideration. The Clerk shall apprise the City Attorney of any facts constituting substantial prejudice and may rely upon the determination of the City Attorney. In the event that the subject of the reconsideration is a motion that failed as the result of a tie vote, any Legislative Body member who voted against the earlier motion may move for reconsideration at the following meeting. The member seeking reconsideration must have the matter agendized unless the motion will be made at the same meeting where the original action was taken. If the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Legislative Body.
11.4 Tie Votes
Tie Votes shall be lost motions unless an additional Motion is made which obtains a majority vote to break the tie. When all Legislative Body members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal. In such case the findings in support of the decision shall be those of the lower body. If a tie vote results at a time when less than all members of the Legislative Body are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Legislative Body, unless otherwise ordered by the Legislative Body.
11.5 Abstentions
Members of the Legislative Body are discouraged from abstaining from a vote for reasons other than a legally-disqualifying, financial conflicts of interest. However, if a member chooses to abstain from voting as a result of what he/she perceives as a personal or nonfinancial conflict of interest, the member may do so after stating for the record the nature of the perceived conflict. In the event of such a perceived conflict (as opposed to a legally disqualifying conflict), the member is not required to leave the dais. 760
(a) A Legislative Body member shall generally express their positions on all matters except those where they are required to abstain due to legally recognized conflict of interest.
(b) A Legislative Body member who has appealed the action of any person or body of the City on a matter which does not constitute a conflict of interest for the member underany law, may participate in the hearing on the appeal, unless there is clear and convincing evidence that such member is not objective or the member feels that they are unable to remain neutral, or as may be otherwise advised by the General Counsel.
Notwithstanding any contrary provisions herein, in bringing an appeal, the Legislative Body member need not give reasons for making the appeal.
(c) A Legislative Body member may abstain from action on a matter where inthe member’s opinion, there might be a public perception that participation in the discussion or decision would be inappropriate even though the member has no disqualifying financial interest within the meaning of FPPC rules and regulations.
11.6 Votes Of Members Previously Absent
(a) A Legislative Body member who was not present at a meeting should generally not vote on the approval of minutes for that meeting, but the voting on such minutes shall have no effect on the validity of the minutes.
(b) A Legislative Body member may vote on a continued item after an absence from the earlier public hearing of the matter if, prior to the vote, the member affirms on the record that they have familiarized themselves with the record of the earlier meeting and are prepared to vote on the issue. If the member shall abstain from the vote, the member shall be counted towards the quorum on the issue and the abstention shall be counted with the vote of the majority of the quorum.
(c) The forgoing shall not apply to the matter of a vote on the minutes of a meeting at which the member was not in attendance. In that instance, the member abstaining on the grounds of non-attendance at the meeting to which the minutes pertain shall not be counted towards the quorum on the issue and the abstention shall not be counted with the votes of the majority of the quorum.
11.7 Appeals by Members of Legislative Body
Except where otherwise provided, a member of the Legislative Body shall be deemed an interested person in any matter by a subordinate body and shall have standing to appeal to the Legislative Body any decision by a Sub-Legislative Body, or any determination made by any official of City by filing a written appeal. The appeal shall not state any grounds for the appeal and the resulting hearing shall be de novo. The appeal must be filed within 10 days of the making of the decision being appealed and shall be filed with the Clerk/Secretary who shall give written notice to the applicant and provide written notice to other persons as required for the original action. The hearing shall be held at the first regular meeting of the Council for which notice can be legally given. No appeal fee shall be required to be paid for such appeals.
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11.8 Findings and Decisions
Decisions of a Legislative Body, when acting as a quasi-adjudicative body (public hearings) should be framed in terms of “findings” of fact, potentially relevant conclusions of law,and ultimate decisions showing the basis for the decision and the nexus between the findings, theconclusions, and the decision. The Legislative Body members must consider any legally- mandated findings applicable to a matter and consider the evidence presented to them in light of such findings in making their decisions.
ARTICLE XII- PROCEDURES FOR CONSIDERATION
OFDEMANDS FOR CORRECTIVE ACTION
12.1 Requirement of Written Demand
Prior to any person commencing a judicial action for injunction or mandamus to declare any action taken by the Legislative Body void because of failure to observe Brown Act requirements, such person must first serve upon the Clerk/Secretary a written demand clearly describing the challenged action, the nature of the claimed violation, and the corrective action sought. Such demand must be served upon the Clerk/Secretary within ninety (90) days of the alleged violation or thirty (30) days if the action was taken in open session but in violation of § 54952.2 of the Government Code. Failure to serve any such demand within this thirty (30) day period shall result in the loss of any right to challenge any action alleged to have been taken in violation of §§ 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 of the Government Code.
If the written demand is timely served, the Legislative Body has up to thirty (30) days to cure and correct its action. If the Legislative Body does not act, any lawsuit must be filed within the next fifteen (15) days.
12.2 Consideration of Corrective Action
Upon receipt of such a demand, consideration of the demand shall immediately be placed on the agenda for the next meeting of the Legislative Body. If the demand is received less than72 hours prior to the time set for the next meeting, the Legislative Body may determine that the notice constitutes the initiation of litigation, and that the need to take action on the threatened litigation arose subsequent to the posting of the agenda and may consider it at that meeting pursuant to Article VI Section 9, above. A description of any item so placed on the agenda shall include both consideration of the demand, and the possibility of corrective action by the Legislative Body.
In considering such demands, the Legislative Body shall first determine by motion whether to reconsider the prior action. The motion to reconsider shall be in order as long as made by a party on the prevailing side. If no motion to reconsider is carried the Clerk/Secretary shall inform the demanding party in writing of the Legislative Body's decision not to cure or correct the challenged action. (See, § 11.4 hereof.) 762
12.3 Implementing Corrective Action
If a motion to reconsider passes, the Presiding Officer may entertain a motion to take corrective action. Any motion taking corrective action shall address the concerns raised in the consideration of corrective action. The motion taking corrective action may include a motion to rescind prior action taken, as appropriate. Passage of a motion to rescind invalidates prior action only as of the time of the passage of the motion, and not from the date of the initial action. A motion implementing corrective action resulting from a written demand is out of order if the action complained of: (i) was in connection with the sale or issuance of notes, bonds, or other evidence of indebtedness, or any contract, agreement, or incident thereto; (ii) gave rise to a contractual obligation upon which a party has, in good faith, detrimentally relied; or (iii) was taken in connection with the collection of any tax.
In any event, the Legislative Body shall notify the party making the demand in writing of its decision to take corrective action and shall describe any corrective action taken. This notice shall be given to the demanding party as soon as possible after the meeting, but in no event more than 30 days after receipt of the demand.
ARTICLE XIII – MISCELLANEOUS
13.1 Interpretation
This Manual shall be liberally construed to effectuate its purpose and no ordinance, resolution, proceeding or other action of the Legislative Body shall be invalidated, or the legality thereof otherwise affected by the failure or omission of the Legislative Body to technically comply with, observe or follow the within rules. The City Council may, by resolution, adopt further rules of interpretation or practice.
13.2 Amendments
This Manual may be amended from time to time as necessary by resolution passed by a majority vote of the City Council at any regular or special meeting, provided that no such amendment shall be adopted unless at least seven days' written notice thereof has been previously given to all Legislative Body members serving the City. Such notice shall identify the section or sections of the Manual proposed to be amended.
13.3 Power to Issue Subpoenas
The Legislative Body may issue subpoenas requiring attendance of witnesses or production of books or other document for evidence or testimony any action or proceeding pending before it. (Gov’t Code Section 37104.) Subpoenas shall be signed by the Presiding Officer and attested by the Clerk. They may be served as subpoenas are in civil actions. 763
EXHIBIT A
Chart of Motions
1. Motions listed in order of precedence
MOTION YOU SAY THIS
May you
interrupt
the
speaker?
Do you
need a
second?
Is it
debatable
?
Can it be
amended
?
What
vote is
needed?
Can it be reconsidered?
Adjourn meeting “I move to adjourn.” No Yes No No Majority No Call an intermission1 “I move to recess for…” No Yes No Yes Majority No Register a complaint “I rise to a question of
privilege” Yes No No No None No (usually)
Temporarily suspend
consideration of an
issue2
“I move to table the motion” No Yes No No Majority No
Close debate “I move the previous question” No Yes No No 2/3 No, unless the vote on question has not been taken
Limit or extend debate “I move that the debate be
limited [or “extended”] to…” No Yes No Yes 2/3 Yes
Give closer study of
something3
“I move to refer the motion to
the committee” No Yes Yes Yes Majority Yes, unless the board has already taken up the subject Amend a motion “I move to amend the motion
by…” No Yes Yes Yes Majority Yes
Motion to continue to a
certain time
“I move that the motion be
continued to…” No Yes Yes No Majority Yes
Introduce business
(bring a main motion) “I move that [or “to”]...” No Yes Yes Yes Majority Yes 1 Should specify period of recess.
2 A motion to take up a matter previously tabled must be made at the same meeting as the motion to table, If not, the motion tabled dies. 3 May contain specific instructions for board members and a date fir certain for reconsideration, If not date is not certain, restored by a motion to take up matter previously tabled” which is permissible in this case even if not same or next meeting, 764
2. Incidental Motions – no order or precedence. Arise incidentally and decided immediately.
MOTION YOU SAY THIS
May you
interrupt
the speaker?
Do you
need a
second?
Is it
debatable?
Can it be
amended?
What vote is
needed?
Can it be
reconsidered?
Protest breach of rules
(i.e., Point of Order)4 “I rise to a point of order…” Yes No No No None No Motion to appeal the
ruling5
“I appeal from the decision of
the Presiding Officer [or
“Chair”]”
Yes Yes Yes No Majority Yes
Suspend rules
temporarily
“I move to suspend the rules so
that …” No Yes No No 2/3 No
Avoid considering an
improper matter
“I object to the consideration of
the question…” Yes No No No 2/3
No, only if the
main question or
motion was not in
fact considered
Divide motion “I move to divide the question” No Yes No Yes Majority No Parliamentary law
question Parliamentary inquiry Yes, if urgent No No No None No Motion to depart from
the agenda
“I move to consider matter […]
out of order” No Yes Yes Yes Majority Yes
Take up matter
previously tabled6
“I move to take from the table
…” No Yes No No Majority No
Cancel or change
previous action7
“I move to rescind/amend
something previously
adopted…”
No Yes Yes Yes
2/3 or
majority
with notice
No
Reconsider motion “I move to reconsider the vote
on…” Yes Yes
Only if
motion is
debatable8
4 Decision of the Presiding Officer is final, unless overturned by motion to appeal the ruling. 5 Presiding Officer may participate in debate, Negative or tie vote sustains ruling. 6 A motion to take up a matter previously tabled must be made at the same meeting as the motion to table. If not, the motion tabled dies. 7 Does not void action ab initio, only from point of rescission. Motion is out of order if relates to contract upon which another party has detrimentally relied, relates to issuance of bonded indebtedness, or relates to the collection of any tax. 8 Cannot be made on a quasi judicial matter or matters required a noticed public hearing. Can only ne made by a member who voted with the previously prevailing side, May be made at the same meeting or a subsequent meeting subject to the same restrictions as a motion to rescind. 765
EXHIBIT B
CITY MEETING
PRESENTATION POLICY
FOR THE
CITY OF BANNING
766
EXHIBIT B
BANNING CITY COUNCIL MEETING PRESENTATION POLICY
City Council presentations are for providing information to the Mayor and Council, City management, and the community about activities of interest and value including:
Activities, events, and infrastructure projects relating to the City. Honors and celebrations for organizations, corporations and residents related to Banning.
Honors and celebrations for organizations, corporations and resident which reflect theirservice to the Banning community.
Honors and recognitions for City staff for outstanding service or commitment to the City’s mission and goals.
Please note this is not the appropriate time to seek funds from the City and/or endorsements from City Council or discuss politics.
Presentation Length
All presentations are to be no more than five minutes in length; this is to include all speakers for the group being recognized.
Presentation Schedule
City Council begins at 5:00 p.m. with an invocation and pledge to the American flag followed bypresentations. All honorees or groups are to arrive no later than 4:45 p.m.
Presentation Location
Presentations take place in the Council Chambers inside Banning City Hall located at 99 E.
Ramsey Street. Parking is available in the Police Department parking lot located at 125 E.
Ramsey Street (just off Hays Street) adjacent to the Council Chambers, or in the City Hall parking lot located at the corner of Hays and San Gorgonio.
Presentation Technical Support
The City has the capability to display PowerPoint (or equivalent) during the presentation. If a PowerPoint is to be used during the presentation:
The PowerPoint is to be no more than 10 slides with limited text; and To be submitted to the City Clerk’s Office no later than the Thursday prior to thescheduled Tuesday City Council meeting (2nd and 4th Tuesdays of the month). PowerPoints are subject to editing for appropriateness. PowerPoints which do not meet these standards will not be used. 767
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Emery Papp, Senior Planner
David Newell, Community Development Director
MEETING DATE: October 8, 2024
SUBJECT: Discussion of the Topics Covered at the August 8, 2024 General Plan Advisory Committee Meeting
RECOMMENDATION:
Receive, File, and Discussion Only.
BACKGROUND:
The General Plan Advisory Committee (GPAC) was established by City Council on March 9, 2021 upon adoption of Resolution 2021-11 (attached), to provide community-based support and oversight associated with the ongoing City of Banning General Plan Update. The GPAC is comprised of the following membership: two members of the City Council, two members of the Planning Commission, two members of the Banning Chamber of Commerce (one board member and one non board member); one representative from the Riverside Chapter of the Building Industry Association (BIA); and two long-time and permanent residents of the City who are not members of any of the groups referenced above. The current focus of the GPAC is the completion of updates to the Land Use Element and the Circulation Element. Upon completion of the GPAC’s review and critique, City staff will bring forth for City Council's consideration a series of changes to the City’s Land Use Designations and Roadway alignments necessary to accommodate existing and future growth.
The issues that were discussed at the last GPAC meeting held on August 8, 2024, are summarized in the attached Agenda and PowerPoint presentations and include:
Land Use Summary. Staff presented the final draft proposed Land Use Map and explained that the City will not consider any further land use amendments at this time as it was imperative for the traffic consultant to begin their study and analysis of the land plan and its impact Vehicle Miles Traveled (VMT) and Level of Service (LOS). Any further changes to the proposed Land Use map would further delay the traffic impact analyses currently underway by the traffic consultant, Urban Crossroads.
Circulation Study/Proposed Truck Route. The GPAC discussions included proposed roadway classifications and revised cross-sections for key road segments throughout the City. Many of the new cross-sections include implementation of the City's Complete Streets program. The proposed truck route map was recommended for change to remove the designation for truck parking along Joshua Palmer Road. Future circulation infrastructure improvements discussed include the possibility of an overcrossing for Interstate 10/Union Pacific Railroad at Highland Home Avenue, and the realignment of the existing east Ramsey Street on- and off-ramp configuration to a new location at Cottonwood Avenue.
Next Steps. City staff continues to meet weekly with the General Plan consultant, CASC Engineering, 768
since the contract with CASC was renewed earlier this year. This joint effort has been to finalize maps and exhibits, create policies and programs for the focused update, and develop a format and templates to present the information as hard copies and as a web-based document. The next GPAC meeting has not yet been scheduled, but is anticipated to be held after the traffic studies are complete. Once the GPAC has had an opportunity to review the results and recommendations of the traffic consultant, the final draft General Plan Update documents will be prepared for public hearings. Staff anticipates public hearings to begin at the end of the first quarter of 2025.
JUSTIFICATION:
A General Plan Update requires public input to vet critical decisions regarding future land uses, street circulation, and broad-based goals with implementing policies and programs. As community stakeholders, the GPAC provides input over a wide range of recommendations for issues including but not limited to: Land Use Changes, Land Use Policy; Land Use Density; Housing stock and type of housing; and achieving internal consistency with the other adopted elements of the General Plan. To achieve this end, the GPAC membership provides feedback from stakeholders and provides direction to staff on key areas to be considered for the Land Use and Circulation Element updates to the General Plan.
FISCAL IMPACT:
No Fiscal Impact, the GPAC members serve in a volunteer capacity and donate their time to the ongoing update effort. The contract with CASC Engineering has already been budgeted.
ALTERNATIVES:
None
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. 2021-11.pdf
2. GPAC Meeting Agenda (08-08-24).pdf
3. GPAC 8-8-2024.pptx
769
770
771
772
General Plan Advisory Committee (GPAC) Agenda #4
Committee Members Organization Staff Position
Richard Krick (Chair) Planning Commission Vacant CD Director Robert Wilcox Planning Commission Serita Young City Attorney Alberto Sanchez (Mayor) City Council Steven Flower ACA
Colleen Wallace (Mayor Por Tem) City Council Emery Papp Senior Planner Mike Taylor BIA (TriPointe) Kristine Gutierrez
Mary Yaryan
Ops. Manager
Assoc. Planner
Matt Jordan/Jason Holt (Alt.) BIA (Div. Pacific) Sandra Calderon P. Coordinator Robert Sibole Chamber Member Marisol Lopez ED Manager
Laura Leindecker Chamber Member Emery Papp Senior Planner Frank Diaz Jr. Resident Mary Yaryan Assoc. Planner
Cindy Barrington Resident Frank Coyle S. Consultant
Danielle Ornelas Project Manager
Ben Hamada GIS Analyst
Join Zoom Meeting
https://us02web.zoom.us/j/81546079568?pwd=Ukd5OTdlVkMxOUFKdUF4ME55S1NhZz09 Meeting ID: 815 4607 9568
Passcode: 486525
1) Roll Call:
2) Review Comments/Changes:
a. PowerPoint Presentation
1. Land Use Summary (Papp)
2. Truck Route Summary (Smith)
3. Special Studies (Papp)
4. 3) Commissioner Comments: (Chair Krick to Lead)
a. Affirmation of recommended land use/zoning changes
b. Discussion of proposed truck route modifications
c. Open Discussion/Round Table
4) Project Schedule/Timing:
a. Director Report on GPAC to September 4th Planning Commission Agenda b. GPAC Report to City Council on a future Agenda TBD
5) Action Items/Next Steps:
a. Next GPAC Meeting to be held after Traffic Studies are complete b. Public Hearing Schedule to be finalized after new CDD 6) Closing Remarks
Date: August 8th Start Time: 11:00am End Time: 1:00pm Location: Lg. CF/via Zoom 773
GENERAL PLAN ADVISORY
COMMITTEE (GPAC):
AUGUST 8, 2024
Date: August 8th Start Time: 11:00am End Time: 1:00pm Loc: Lg. CF/Zoom Committee Members Organization Staff Position
Richard Krick (Chair) Planning Commission Vacant CD Director Absent (Vice-Chair) Planning Commission Serita Young City Attorney Alberto Sanchez (Mayor) City Council Steven Flower ACA
Colleen Wallace (Mayor Por Tem) City Council Emery Papp Senior Planner Mike Taylor BIA (TriPointe) Kristine Gutierrez
Mary Yaryan
Operations Manager
Assoc. Planner
Matt Jordan/Jason Holt (Alt.) BIA (Div. Pacific) Sandra Calderon P. Coordinator Robert Sibole Chamber Member Marisol Lopez Economic Development Mgr/ Laura Leindecker Chamber Member Emery Papp Senior Planner Frank Diaz Jr. Resident Mary Yaryan Associate Planner
Cindy Barrington Resident Frank Coyle S. Consultant
Danielle Ornelas Project Manager
Ben Hamada GIS Analyst
Join Zoom: https://us02web.zoom.us/j/83632895407?pwd=b3BxRVQ4MDJNLzJSY2piYVd5clpnQT09 774
Land Use Recap
775
Updates & Revisions
776
Updates & Revisions
777
Updates & Revisions
778
Updates & Revisions
779
Updates & Revisions
780
Updates & Revisions
781
Updates & Revisions
782
Proposed Truck Route & Revisions
783
Recommended Street Classification Revisions
784
Recommended Street Classification Revisions
785
Thank you!
Staff is Available for Questions
Contact Information
Emery J. Papp
Senior Planner
(951) 922-3152
[email protected]
786
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Laurie Sampson, Assistant City Manager
Doug Schulze, City Manager
MEETING DATE: October 8, 2024
SUBJECT: Receive and File Opportunity Village Project Update RECOMMENDATION:
Receive and File
BACKGROUND:
Opportunity Village is funded through a combination of grant funds and Housing Funds.
On January 11, 2022, City Council approved Resolution 2022-04 Declaring a Shelter Crisis Pursuant to Government Code Section 8698.2. Staff was given direction to seek any grant funding available for these purposes and to expend City Housing Funds to address the homeless crisis in the City of Banning.
The City was able to obtain ESG-CVII (Emergency Service Grant) funds in the amount of $175,000 specifically to help defray the cost of personnel and $175,000 to help offset the cost of security for the Village. The terms of these grants were met, and the City was reimbursed the complete $350,000. In addition to the grant funds $1,209,604 in Housing funds were designated for this project for a total budget of $1,559,604. The Grants Manager continues to seek funds for the homeless in a very competitive environment.
In August 2023, the City was awarded a grant from Cal ICH Encampment Resolution Fund Round 2 (Cal ICH ERF-2) in the amount of $980,461. The use of these funds is specific and must be approved by Cal ICH prior to spending. Quarterly Reports are required to determine funds are being spent appropriately and timely. Conditions include grant funds be 100% committed and 50% spent by June 30, 2024. The budget and projects for this grant is included with this report as an attachment.
JUSTIFICATION:
Year one of Opportunity Village was a heavy investment in capital improvements. The day-to-day operations is considerably less as shown in FY 2023/2024. With the laws regarding the handling of the homeless changing rapidly the situation will continue to be a challenge for our community and all communities in California. Since opening Opportunity Village the staff has interfaced with over 200 homeless individuals. Of these 200, 140 has enrolled in Opportunity Village. 76% of these have successfully entered rehabilitation programs, been rehoused, reunited with families or have returned to their original cities. The current count of homeless in Banning is 127.
FISCAL IMPACT:
Project HA2201
Year Amount Spent
2022/2023 $1,098,201.60
2023/2024 $ 188,900.05
787
2024/2025 $ 12,962.83
Balance Available: $259,539.52
Total Opportunity Village Payroll
9/21/2021 through 9/15/2024 $580,501.54
Cal ICH ERF-2 Grant Project Code HA2401 $980,461.00
Year Amount Spent 2023/2024 $504,230.64
2024/2025 $ 13,257.67
Balance Available: $462,972.69
ALTERNATIVES:
Receive and File
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. 1. CC Resolution No. 2022-004.pdf
2. Shelter Expenses Tracking FY2023.pdf
3. Shelter Expenses Tracking FY2024.pdf
4. Shelter Expenses Tracking FY2025.pdf
5. Cal ICH ERF-2 Funding Budget.pdf
6. Cal ICH ERF-2 Expenditure Tracking.pdf
7. Opp Village_All Wages_09.20.2021-09.15.2024.pdf
788
RESOLUTION 2022-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
DECLARING A SHELTER CRISIS PURSUANT TO GOVERNMENT CODE SECTION 8698. 2
WHEREAS, California Government Code Section 8698 et seq. authorizes state and local government agencies to declare a shelter crisis if a significant number of persons in the jurisdiction are without the ability to obtain shelter, resulting in a threat to their health and safety; and
WHEREAS, the point- in-time count performed in January 2019 indicated that there were 2,811 sheltered and unsheltered homeless adults and children in Riverside County, a 21 % increase from 2018, and 39 unsheltered individuals in Banning; and WHEREAS, the point- in-time count performed in January 2020 indicated that the number of sheltered and unsheltered homeless adults and children in Riverside County had increased to 2,884 persons, a 3% increase from 2019, and the number of unsheltered individuals in Banning had increased to 43; and
WHEREAS, the County was not able to perform its annual point-in-time count in January 2021 due to the ongoing COVID- 19 pandemic, but COVID- driven loss of employment and income has led to increases in the number of people experiencing housing insecurity or homelessness across the nation and within the State of California; and
WHEREAS, individuals who are living without shelter are at increased risk of exacerbating existing health conditions and developing new health conditions, due to increased exposure to communicable diseases such as COVID- 19, violence, and temperature extremes or other adverse weather conditions; heightened stress; the difficulty of maintaining a healthy diet; and inadequate access to sanitation facilities, healthcare, and other services; and
WHEREAS, in April 2020, the City established the Ramsey Street Village, a Cityoperated non- congregate shelter for homeless individuals that was comprised of twenty pallet shelters and could accommodate as many as forty residents; and WHEREAS, in December 2020 the Ramsey Street Village sustained a catastrophic fire that destroyed the shelters and displaced all residents; and WHEREAS, the City currently lacks other shelter options for the residents displaced from Ramsey Street Village or others without shelter in the City; and WHEREAS, the City Council of the City of Banning finds that the number of persons experiencing homelessness in the City is significant, and these persons are without the ability to obtain shelter.
Resolution 2022- 04
789
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows :
SECTION 1. The foregoing recitals are true and correct.
SECTION 2 . The City Council finds and determines that this Resolution is statutorily exempt from CEQA pursuant to Government Code Section 8698. 4(a)(4), which provides that CEQA shall not apply to actions by a city to lease , convey , or encumber land owned by the city , or to facilitate the lease , conveyance , or encumbrance of land owned by the city for , or to provide financial assistance to , a homeless shelter constructed or allowed thereunder.
SECTION 3 . The City Council declares that a shelter crisis pursuant to Government Code Section 8698.2 exists in the City of Banning.
PASSED, APPROVED AND ADOPTED this 11th day of January 2022 .
ATTEST:
Caroline Patton , Dep
City of Banning
APPROVED AS TO FORM AND
LEGAL CONTENT:
Lr.· }:;!C_;
Kevin G. Ennis , City Attorney
Richards , Watson & Gershon
Resolution 2022-04
City of Banning
790
CERTIFICATION:
I, Caroline Patton , Deputy City Clerk of the City of Banning , California , do hereby certify that the foregoing Resolution 2022- 04 , was duly adopted by the City Council of the City of Banning , California , at a regular meeting thereof held on the 11th day of January 2022 by the following vote , to wit:
AYES: Council Members Hamlin , Happe, Wallace, and Mayor Pingree.
NOES:
ABSENT: Council Member Sanchez .
ABSTAIN :
Resolution 2022- 04
ldhCaroIine Patton , De ty City Clerk
City of Banning , Californ ia
791
Bryant Street Homeless Shelter (Opportunity Village) 810-9700-490.90-59 PROJECT CODE HA2201 2022-2023
SET UP AND ONE TIME EXPENSES:
PO Vendor Amount Paid Description Project Check # Cleared Appropriations 31510 So Cal West Coast Electric $ 81,256.00 $ 81,256.00 Electric to Trailers and Shelters Yes 183618 X 01BAJ2201 $ 231,383.00 31451 C.S. Legacy $ 288,523.80 $ 272,023.80 Fencing Project No 183401 X 01BAJ2206 $ 100,000.00 2022-04 $ 4,246.20 Fencing Project No 184342 X 04BAJ2022 $ 303,897.00 $ 8,000.00 Fencing Project No 185008 X 06BAJ2022 $ 175,000.00 ESGCV11 $ 4,253.80 Fencing Project No 185008 X 06BAJ2203 $ 244,944.00 06BAJ2204 $ 79,968.00
31506 Jorgenson Lockers $ 4,067.65 $ 4,067.65 Lockers Yes 183341 X 06BAJ2205 $ 81,256.00 31500 The Park Catalog $ 12,342.77 $ 12,342.76 Picnic Tables Yes 183225 X 06BAJ2206 $ 57,736.00 31501 National Restroom Trailers $ 92,263.00 $ 39,983.75 Restroom Trailer Yes 183181 X 7/1/2022 $ 281,174.00 ENC/BUDADJ $ 6,147.75 Deposit on upgrades Yes 184202 X 7/1/2022 $ 4,246.00 ENC/BUDADJ $ 46,131.50 Restroom Trailer Yes 185742 X
31488 Home Depot $ 3,216.98 $ 3,216.98 Trash Enclosures Yes 183661 X 31486 Amazon $ 527.30 $ 527.30 Umbrellas Yes 182999 X $ 1,559,604.00 31340 Pallet SPC $ 231,382.95 $ 114,993.98 Pallet Shelters Yes 182428 X $ 114,993.97 Pallet Shelters Yes 183607 X
31835 Pallet SPC $ 151.94 $ 151.94 Fire Extinguisher/Lights Yes 183840 X 31835 Pallet SPC $ 448.25 $ 448.25 Replacement AC Unit Yes 183840 X 31836 Pallet SPC $ 177.79 $ 177.79 Replacement Door Latches Yes 183840 X 31903 Cherry Valley Nursery $ 3,291.76 $ 3,291.76 Landscape Yes 184351 X 31903 Cherry Valley Nursery $ 50.63 $ 50.63 Replacement Plant Yes 184351 X 32032 Blais & Associates $ 11,408.00 $ 5,704.00 Encampment Grant Funding Yes 186134 X $ 5,704.00 Encampment Grant Funding Yes 186380 X
31790 Cybertime Network $ 1,500.00 $ 1,500.00 Internet Data Feed Yes 183493 X 32347 Precision Material Handling $ 6,384.19 $ 6,384.19 Storage Container Yes 188166 X $ 736,993.01 $ 735,598.00
RECURRING CHARGES
31783 Williams Scotsman $ 63,470.18 $ 62,754.95 Office/Security Trailers Lease Yes Tab B 31502 Good Guard Security $ 223,676.00 $ 215,208.00 Security Services/ 1 Year Yes Tab B DP City of Banning $ 10,108.29 $ 10,108.29 Utilities Yes Tab B 31744 Diamond Environmental $ 10,438.90 $ 10,438.90 Portable Restrooms Yes Tab B DP A.C. Propane $ 4,150.26 $ 4,150.26 Propane Yes Tab B 32046 Faith in Action $ 104,000.00 $ 28,222.77 Wrap Around Services Yes Tab B 31837 Precision Material Handling $ 3,600.00 $ 3,600.00 Storage Container Rent Yes Tab B Direct Staff Salaries $ 12,831.90 $ 12,831.90 Staff Salaries Yes 06PYR2202 $ 432,275.53 $ 347,315.07
Expenses
Date Vendor Invoice # Amount Description Project # Check # 4/30/2022 Press Enterprise 11524860 $ 53.08 IFB22-010/Fencing Project Yes 182835 X 6/13/2022 Beaumont Do It Best 515774 $ 19.92 Locks Yes 183009 X 792
6/13/2022 Beaumont Do It Best 515769 $ 102.05 Locks and Chains Yes 183009 X
6/13/2022 Beaumont Do It Best 515772 $ 10.44 Chain Yes 183009X 6/14/2022 Beaumont Do It Best 515836 $ 17.40 92" G30 Chain Yes 183009 X
6/21/2022 Beaumont Do It Best 516125 $ 7.71 Single Sided Key Yes 183560 X
6/22/2022 Home Depot 4010438 $ 347.35 2x4, shims Yes 183586X 7/1/2022 Core & Main R124295 $ 882.73 Sewer Connection No 184077 X
7/1/2022 Core & Main R124243 $ 645.82 Sewer Connection No 184077 X
7/1/2022 Amazon 1CPX-PDTL-KKCL $ 301.53 Pet Waste Station No 184057X 7/6/2022 Home Depot 0011788 $ 24.51 Washers, Anchors. Straps Yes 183586 X
7/6/2022 Home Depot 0011796 $ 78.46 Straps, Strip Loads, Drive Pins Yes 183586 X
7/6/2022 Home Depot CR Cards June 22 $ 414.90 Sewer Laterals Yes Credit Card 7/6/2022 Beaumont Safe & Lock 0072680 $ 4.29 Duplicate Keys Yes 184160 X
7/6/2022 Beaumont Safe & Lock 0072702 $ 85.77 Duplicate Keys Yes 184160X 7/7/2022 Beaumont Do It Best 516737 $ 75.40 9 Volt Batteries Yes 183560 X
7/11/2022 Beaumont Do It Best 516841 $ 40.92 AA Batteries Yes 183560X 7/12/2022 Beaumont Do It Best 516890 $ (75.40) 9 Volt Batteries Yes 183560X 7/14/2022 Beaumont Safe & Lock 72689 $ 13.94 Duplicate Keys Yes 184160 X
7/18/2022 Beaumont Do It Best 517124 $ 13.50 Single Sided Key Yes 183560X 7/19/2022 Home Depot 7013052 $ 93.95 Drive Pin, Hose Shut off, Straps Yes 183586X 7/19/2022 Beaumont Do It Best 517159 $ 11.84 Hose Shut off Valve Yes 183560X 7/19/2022 Beaumont Do It Best 517186 $ 43.08 027 Yellow Loads Yes 183560 X
7/20/2022 Vista Paint 2022-632074-00 $ 872.06 Red Curb Paint Yes 183631X 7/20/2022 Beaumont Do It Best 517199 $ 24.91 Rigid 2 hole strap Yes 183560 X
7/21/2022 Beaumont Do It Best 517263 $ 12.77 Screws Yes 183560 X
7/21/2022 Beaumont Do It Best 517264 $ 5.96 Screws Yes 183560 X
7/21/2022 Beaumont Do It Best 517266 $ 31.09 Paint Bucket, Knit Cover, Yes 183560X 7/25/2022 Beaumont Do It Best 517416 $ 11.57 Single Sided Key Yes 183560X 7/25/2022 Amazon 1GKM-M63X-CRJK $ 282.29 Printer Yes 183554 X
7/25/2022 Knox Rapid Access 860487 $ 221.97 Knox Padlock Yes Credit CardX 7/25/2022 Knox Rapid Access 860473 $ 614.19 Knox Box Yes Credit Card X
7/25/2022 Smart & Final 98842 $ 78.63 Water/Supplies Yes Credit Card X
7/26/2022 Beaumont Do It Best 517440 $ 10.76 Hardware Yes 183560X 7/27/2022 Beaumont Do It Best 517494 $ 190.55 Cleaning Supplies Yes 185884 X
8/1/2022 Beaumont Safe & Lock 71637 $ 17.15 Duplicate Keys Yes 184160 X
8/1/2022 Amazon 3365040 $ 205.07 Cleaning Supplies Yes Credit Card X
8/2/2022 Amazon 1GQM-XV3W-DHYP $ 254.94 Mailbox, post, and bracket No 183554X 8/3/2022 Harbor Freight 15714 $ 114.08 Tools Yes Credit CardX 8/4/2022 Beaumont Do It Best 517828 $ 12.79 Irrigation Supplies Yes 183560X 8/9/2022 Webstaurant Store 77509187 $ 115.47 Cigarette Disposal Yes Credit CardX 8/9/2022 Beaumont Do It Best 518006 $ 48.47 Flexible Drain Brush Yes 185214X 8/9/2022 Beaumont Do It Best 518013 $ 10.76 Corner Braces Yes 185884X 8/17/2022 Safety Network Traffic Signs TS-15061 $ 477.33 Authorized, No Loitering, Rules No 184127X 8/17/2022 Safety Network Traffic Signs TS-15063 $ 209.04 No Dumping, Emergency Exit Yes 183854 X
8/23/2022 Beaumont Do It Best 518586 $ 34.47 1 1/2" x 6 Lumber Yes 183886X 8/24/2022 Beaumont Safe & Lock 71821 $ 8.58 Duplicate Keys Yes 184160X 8/25/2022 Beaumont Do It Best 518699 $ 5.39 Bolts Yes 183886X 9/7/2022 Safety Network Traffic Signs TS-15186 $ 29.09 No Donations No 184127X 9/9/2022 Amazon 14JR-GNMX-H3Qh $ 314.80 Cleaning Supplies Yes 184330X 793
9/13/2022 Beaumont Do It Best 519348 $ 68.17 Padlocks Yes 184063 X
9/15/2022 Myers & Sons Hi-Way Safety 134070 $ 132.36 Sign Mount for Chain Link Fence Yes 184201X 9/21/2022 Safety Network Traffic Signs TS-15242 $ 78.95 Zinc Nuts Yes 184214 X
9/26/2022 Harbor Freight 297267 $ 86.17 Tools Yes Credit Card X
9/27/2022 Beaumont Do It Best 519901 $ 5.79 Single Sided Key Yes 184338X 9/27/2022 Beaumont Safe & Lock 71843 $ 8.58 (4) Duplicate Keys Yes 184900 X
9/28/2022 Beaumont Do It Best 519968 $ 62.48 Trash Can Liners Yes 185214 X
9/29/2022 Beaumont Safe & Lock 71846 $ 4.29 (2) Duplicate Keys Yes 184900X 10/4/2022 Amazon 1GFK-3DGT-JK6W $ (34.00) Refund for undelivered supplies Yes 184330 X
10/24/2022 Beaumont Safe & Lock 71860 $ 8.58 (4) Duplicate Keys Yes 184900 X
10/29/2022 Amazon 1NCG-RLCD-XFTT $ 251.26 Janitorial Supplies Yes 184776X 10/31/2022 Beaumont Do It Best 521216 $ 26.39 Single Sided Key Yes 184703 X
11/6/2022 Staples 35226691579 $ 1,386.81 Janitorial Supplies Yes 184866X 11/28/2022 Beaumont Safe & Lock 71887 $ 15.01 Duplicate Keys Yes 185112 X
11/29/2022 Safety Network Traffic Signs TS-14970 $ 40.21 Blue Reflective Markers Yes 184965X 12/1/2022 Amazon 1DVK-4Q4M-7L3X $ 257.02 Janitorial Supplies Yes 184994X 12/19/2022 Beaumont Do It Best 523043 $ 57.29 Cable Ties/Super Glue/Gloves Yes 185884 X
1/21/2023 Amazon 1YG9-DK39-GMQX $ 124.42 Motivational Materials Yes 185608X 1/21/2023 Amazon 1D34-7F43-HLDQ $ 228.40 Toilet Tissue Yes 185608X 1/24/2023 Home Depot 80236392 $ 16.13 Exterior Door Knob Yes 185734X 2/9/2023 Beaumont Do It Best 524997 $ 39.94 Spray Compound, Adapter Set Yes 186217 X
2/13/2023 So Cal West Coast Electric 41142 $ 155.00 Inspect Unit 12 Yes 185965X 2/17/2023 Amazon 1GNG-LRXQ-6M1 $ 86.18 60 Key Lockbox Yes 186371 X
2/24/2023 Beaumont Safe & Lock 73293 $ 198.31 Replacement & Duplicate Keys Yes 186218 X
2/28/2023 Beaumont Do It Best 525694 $ 40.93 Poly Grain Scoop Yes 186217 X
2/28/2023 Home Depot 3015308 $ 484.62 Leaf Rakes & Shovels Yes 186248X 3/2/2023 Beaumont Do It Best 525798 $ 40.64 Parts to Repair Gates Yes 186300X 3/6/2023 Smart & Final $ 34.28 Water/Supplies Yes Credit Card X
3/6/2023 La Villa Burgers $ 341.00 Lunch & Learn Yes Credit CardX 3/8/2023 Big 5 Sporting Goods 7046212 $ 95.87 Replacement Mattresses Yes Credit Card X
3/8/2023 Home Depot 5341123 $ 347.80 Scoops and Push Brooms Yes 186399 X
3/9/2023 Amazon 1DMN-CW61-1GG6 $ (78.19) 60 Key Lockbox (Returned) Yes 186371X 3/14/2023 Amazon 1RKF-P6CN-6NM7 $ 524.69 Janitorial Supplies Yes 183671 X
3/19/2023 Jeffrey Platt 4622747 $ 59.21 Gloves/Trash Bags Yes 186676 X
3/24/2023 Grainger WEB2119787197 $ 142.60 Key Lockbox Yes Credit Card X
4/5/2023 Beaumont Do It Best 5270747 $ 258.56 Landscape Rakes Yes 186627X 4/14/2023 T-Force Freight 144988 $ (375.00) Damaged Freight Credit Yes N/A 4/20/2023 Beaumont Do It Best 527656 $ 33.91 Cold Galv. Compound Yes 186962X 4/20/2023 Weldor's Supply 34854 $ 386.73 Rolled Flat Bar Yes 187028X 4/21/2023 Taylor's Plumbing 3489 $ 165.00 Hygiene Trailer Service Call Yes 187023X 4/21/2023 Staples 3536053856 $ 68.61 Office Supplies Yes 187022X 4/24/2023 Amazon 1MGF-K33N-M1CV $ 369.33 Printer/Toner Yes 186872X 4/27/2023 Safety Network Traffic Signs TS-16277 $ 34.16 Right Arrow/Hydrant Designation Yes 187115 X
5/2/2023 Beaumont Do It Best 528061 $ 137.34 Key and Trash Bags Yes 187045X 5/4/2023 Beaumont Do It Best 528198 $ 161.60 Tool Kits Yes 187527X 5/9/2023 Beaumont Do It Best 527379 $ 34.72 Single Sided Key Yes 187045X 6/21/2023 So Cal West Coast Electric 42485 $ 1,063.75 Power Shut off the damaged units Yes 187709X 6/22/2023 Xenia Pacific 5968 $ 40.34 T-Shirt (uniform) Yes 187742X 794
6/22/2023 Beaumont Do It Best 530203 $ 26.93 Tie Down Kit Yes 187819 X 6/29/2023 Xenia Pacific 5977 $ 117.99 T-Shirt (uniform) Yes 187904 X $ 15,288.53
Balance
Total Contracted $ 1,184,557.07 $ 375,046.93
Total Spent $ 1,098,201.60 $ 461,402.40 Roll to FY 2024 795
Bryant Street Homeless Shelter (Opportunity Village) 810-9700-490.90-59 PROJECT CODE HA2201 2022-2023
SET UP AND ONE TIME EXPENSES:
PO Vendor Amount Paid Description Project Check # Cleared Appropriations 31510 So Cal West Coast Electric $ 81,256.00 $ 81,256.00 Electric to Trailers and Shelters Yes 183618 X 01BAJ2201 $ 231,383.00 31451 C.S. Legacy $ 288,523.80 $ 272,023.80 Fencing Project No 183401 X 01BAJ2206 $ 100,000.00 2022-04 $ 4,246.20 Fencing Project No 184342 X 04BAJ2022 $ 303,897.00 $ 8,000.00 Fencing Project No 185008 X 06BAJ2022 $ 175,000.00 ESGCV11 $ 4,253.80 Fencing Project No 185008 X 06BAJ2203 $ 244,944.00 06BAJ2204 $ 79,968.00
31506 Jorgenson Lockers $ 4,067.65 $ 4,067.65 Lockers Yes 183341 X 06BAJ2205 $ 81,256.00 31500 The Park Catalog $ 12,342.77 $ 12,342.76 Picnic Tables Yes 183225 X 06BAJ2206 $ 57,736.00 31501 National Restroom Trailers $ 92,263.00 $ 39,983.75 Restroom Trailer Yes 183181 X 7/1/2022 $ 281,174.00 ENC/BUDADJ $ 6,147.75 Deposit on upgrades Yes 184202 X 7/1/2022 $ 4,246.00 ENC/BUDADJ $ 46,131.50 Restroom Trailer Yes 185742 X
31488 Home Depot $ 3,216.98 $ 3,216.98 Trash Enclosures Yes 183661 X 31486 Amazon $ 527.30 $ 527.30 Umbrellas Yes 182999 X $ 1,559,604.00 31340 Pallet SPC $ 231,382.95 $ 114,993.98 Pallet Shelters Yes 182428 X $ 114,993.97 Pallet Shelters Yes 183607 X
31835 Pallet SPC $ 151.94 $ 151.94 Fire Extinguisher/Lights Yes 183840 X 31835 Pallet SPC $ 448.25 $ 448.25 Replacement AC Unit Yes 183840 X 31836 Pallet SPC $ 177.79 $ 177.79 Replacement Door Latches Yes 183840 X 31903 Cherry Valley Nursery $ 3,291.76 $ 3,291.76 Landscape Yes 184351 X 31903 Cherry Valley Nursery $ 50.63 $ 50.63 Replacement Plant Yes 184351 X 32032 Blais & Associates $ 11,408.00 $ 5,704.00 Encampment Grant Funding Yes 186134 X $ 5,704.00 Encampment Grant Funding Yes 186380 X
31790 Cybertime Network $ 1,500.00 $ 1,500.00 Internet Data Feed Yes 183493 X 32347 Precision Material Handling $ 6,384.19 $ 6,384.19 Storage Container Yes 188166 X $ 736,993.01 $ 735,598.00
RECURRING CHARGES
31783 Williams Scotsman $ 63,470.18 $ 62,754.95 Office/Security Trailers Lease Yes Tab B 31502 Good Guard Security $ 223,676.00 $ 215,208.00 Security Services/ 1 Year Yes Tab B DP City of Banning $ 10,108.29 $ 10,108.29 Utilities Yes Tab B 31744 Diamond Environmental $ 10,438.90 $ 10,438.90 Portable Restrooms Yes Tab B DP A.C. Propane $ 4,150.26 $ 4,150.26 Propane Yes Tab B 32046 Faith in Action $ 104,000.00 $ 28,222.77 Wrap Around Services Yes Tab B 31837 Precision Material Handling $ 3,600.00 $ 3,600.00 Storage Container Rent Yes Tab B Direct Staff Salaries $ 12,831.90 $ 12,831.90 Staff Salaries Yes 06PYR2202 $ 432,275.53 $ 347,315.07
Expenses
Date Vendor Invoice # Amount Description Project # Check # 4/30/2022 Press Enterprise 11524860 $ 53.08 IFB22-010/Fencing Project Yes 182835 X 6/13/2022 Beaumont Do It Best 515774 $ 19.92 Locks Yes 183009 X Tab B
796
6/13/2022 Beaumont Do It Best 515769 $ 102.05 Locks and Chains Yes 183009 X
6/13/2022 Beaumont Do It Best 515772 $ 10.44 Chain Yes 183009X 6/14/2022 Beaumont Do It Best 515836 $ 17.40 92" G30 Chain Yes 183009 X
6/21/2022 Beaumont Do It Best 516125 $ 7.71 Single Sided Key Yes 183560 X
6/22/2022 Home Depot 4010438 $ 347.35 2x4, shims Yes 183586X 7/1/2022 Core & Main R124295 $ 882.73 Sewer Connection No 184077 X
7/1/2022 Core & Main R124243 $ 645.82 Sewer Connection No 184077 X
7/1/2022 Amazon 1CPX-PDTL-KKCL $ 301.53 Pet Waste Station No 184057X 7/6/2022 Home Depot 0011788 $ 24.51 Washers, Anchors. Straps Yes 183586 X
7/6/2022 Home Depot 0011796 $ 78.46 Straps, Strip Loads, Drive Pins Yes 183586 X
7/6/2022 Home Depot CR Cards June 22 $ 414.90 Sewer Laterals Yes Credit Card 7/6/2022 Beaumont Safe & Lock 0072680 $ 4.29 Duplicate Keys Yes 184160 X
7/6/2022 Beaumont Safe & Lock 0072702 $ 85.77 Duplicate Keys Yes 184160X 7/7/2022 Beaumont Do It Best 516737 $ 75.40 9 Volt Batteries Yes 183560 X
7/11/2022 Beaumont Do It Best 516841 $ 40.92 AA Batteries Yes 183560X 7/12/2022 Beaumont Do It Best 516890 $ (75.40) 9 Volt Batteries Yes 183560X 7/14/2022 Beaumont Safe & Lock 72689 $ 13.94 Duplicate Keys Yes 184160 X
7/18/2022 Beaumont Do It Best 517124 $ 13.50 Single Sided Key Yes 183560X 7/19/2022 Home Depot 7013052 $ 93.95 Drive Pin, Hose Shut off, Straps Yes 183586X 7/19/2022 Beaumont Do It Best 517159 $ 11.84 Hose Shut off Valve Yes 183560X 7/19/2022 Beaumont Do It Best 517186 $ 43.08 027 Yellow Loads Yes 183560 X
7/20/2022 Vista Paint 2022-632074-00 $ 872.06 Red Curb Paint Yes 183631X 7/20/2022 Beaumont Do It Best 517199 $ 24.91 Rigid 2 hole strap Yes 183560 X
7/21/2022 Beaumont Do It Best 517263 $ 12.77 Screws Yes 183560 X
7/21/2022 Beaumont Do It Best 517264 $ 5.96 Screws Yes 183560 X
7/21/2022 Beaumont Do It Best 517266 $ 31.09 Paint Bucket, Knit Cover, Yes 183560X 7/25/2022 Beaumont Do It Best 517416 $ 11.57 Single Sided Key Yes 183560X 7/25/2022 Amazon 1GKM-M63X-CRJK $ 282.29 Printer Yes 183554 X
7/25/2022 Knox Rapid Access 860487 $ 221.97 Knox Padlock Yes Credit CardX 7/25/2022 Knox Rapid Access 860473 $ 614.19 Knox Box Yes Credit Card X
7/25/2022 Smart & Final 98842 $ 78.63 Water/Supplies Yes Credit Card X
7/26/2022 Beaumont Do It Best 517440 $ 10.76 Hardware Yes 183560X 7/27/2022 Beaumont Do It Best 517494 $ 190.55 Cleaning Supplies Yes 185884 X
8/1/2022 Beaumont Safe & Lock 71637 $ 17.15 Duplicate Keys Yes 184160 X
8/1/2022 Amazon 3365040 $ 205.07 Cleaning Supplies Yes Credit Card X
8/2/2022 Amazon 1GQM-XV3W-DHYP $ 254.94 Mailbox, post, and bracket No 183554X 8/3/2022 Harbor Freight 15714 $ 114.08 Tools Yes Credit CardX 8/4/2022 Beaumont Do It Best 517828 $ 12.79 Irrigation Supplies Yes 183560X 8/9/2022 Webstaurant Store 77509187 $ 115.47 Cigarette Disposal Yes Credit CardX 8/9/2022 Beaumont Do It Best 518006 $ 48.47 Flexible Drain Brush Yes 185214X 8/9/2022 Beaumont Do It Best 518013 $ 10.76 Corner Braces Yes 185884X 8/17/2022 Safety Network Traffic Signs TS-15061 $ 477.33 Authorized, No Loitering, Rules No 184127X 8/17/2022 Safety Network Traffic Signs TS-15063 $ 209.04 No Dumping, Emergency Exit Yes 183854 X
8/23/2022 Beaumont Do It Best 518586 $ 34.47 1 1/2" x 6 Lumber Yes 183886X 8/24/2022 Beaumont Safe & Lock 71821 $ 8.58 Duplicate Keys Yes 184160X 8/25/2022 Beaumont Do It Best 518699 $ 5.39 Bolts Yes 183886X 9/7/2022 Safety Network Traffic Signs TS-15186 $ 29.09 No Donations No 184127X 9/9/2022 Amazon 14JR-GNMX-H3Qh $ 314.80 Cleaning Supplies Yes 184330X 797
9/13/2022 Beaumont Do It Best 519348 $ 68.17 Padlocks Yes 184063 X
9/15/2022 Myers & Sons Hi-Way Safety 134070 $ 132.36 Sign Mount for Chain Link Fence Yes 184201X 9/21/2022 Safety Network Traffic Signs TS-15242 $ 78.95 Zinc Nuts Yes 184214 X
9/26/2022 Harbor Freight 297267 $ 86.17 Tools Yes Credit Card X
9/27/2022 Beaumont Do It Best 519901 $ 5.79 Single Sided Key Yes 184338X 9/27/2022 Beaumont Safe & Lock 71843 $ 8.58 (4) Duplicate Keys Yes 184900 X
9/28/2022 Beaumont Do It Best 519968 $ 62.48 Trash Can Liners Yes 185214 X
9/29/2022 Beaumont Safe & Lock 71846 $ 4.29 (2) Duplicate Keys Yes 184900X 10/4/2022 Amazon 1GFK-3DGT-JK6W $ (34.00) Refund for undelivered supplies Yes 184330 X
10/24/2022 Beaumont Safe & Lock 71860 $ 8.58 (4) Duplicate Keys Yes 184900 X
10/29/2022 Amazon 1NCG-RLCD-XFTT $ 251.26 Janitorial Supplies Yes 184776X 10/31/2022 Beaumont Do It Best 521216 $ 26.39 Single Sided Key Yes 184703 X
11/6/2022 Staples 35226691579 $ 1,386.81 Janitorial Supplies Yes 184866X 11/28/2022 Beaumont Safe & Lock 71887 $ 15.01 Duplicate Keys Yes 185112 X
11/29/2022 Safety Network Traffic Signs TS-14970 $ 40.21 Blue Reflective Markers Yes 184965X 12/1/2022 Amazon 1DVK-4Q4M-7L3X $ 257.02 Janitorial Supplies Yes 184994X 12/19/2022 Beaumont Do It Best 523043 $ 57.29 Cable Ties/Super Glue/Gloves Yes 185884 X
1/21/2023 Amazon 1YG9-DK39-GMQX $ 124.42 Motivational Materials Yes 185608X 1/21/2023 Amazon 1D34-7F43-HLDQ $ 228.40 Toilet Tissue Yes 185608X 1/24/2023 Home Depot 80236392 $ 16.13 Exterior Door Knob Yes 185734X 2/9/2023 Beaumont Do It Best 524997 $ 39.94 Spray Compound, Adapter Set Yes 186217 X
2/13/2023 So Cal West Coast Electric 41142 $ 155.00 Inspect Unit 12 Yes 185965X 2/17/2023 Amazon 1GNG-LRXQ-6M1 $ 86.18 60 Key Lockbox Yes 186371 X
2/24/2023 Beaumont Safe & Lock 73293 $ 198.31 Replacement & Duplicate Keys Yes 186218 X
2/28/2023 Beaumont Do It Best 525694 $ 40.93 Poly Grain Scoop Yes 186217 X
2/28/2023 Home Depot 3015308 $ 484.62 Leaf Rakes & Shovels Yes 186248X 3/2/2023 Beaumont Do It Best 525798 $ 40.64 Parts to Repair Gates Yes 186300X 3/6/2023 Smart & Final $ 34.28 Water/Supplies Yes Credit Card X
3/6/2023 La Villa Burgers $ 341.00 Lunch & Learn Yes Credit CardX 3/8/2023 Big 5 Sporting Goods 7046212 $ 95.87 Replacement Mattresses Yes Credit Card X
3/8/2023 Home Depot 5341123 $ 347.80 Scoops and Push Brooms Yes 186399 X
3/9/2023 Amazon 1DMN-CW61-1GG6 $ (78.19) 60 Key Lockbox (Returned) Yes 186371X 3/14/2023 Amazon 1RKF-P6CN-6NM7 $ 524.69 Janitorial Supplies Yes 183671 X
3/19/2023 Jeffrey Platt 4622747 $ 59.21 Gloves/Trash Bags Yes 186676 X
3/24/2023 Grainger WEB2119787197 $ 142.60 Key Lockbox Yes Credit Card X
4/5/2023 Beaumont Do It Best 5270747 $ 258.56 Landscape Rakes Yes 186627X 4/14/2023 T-Force Freight 144988 $ (375.00) Damaged Freight Credit Yes N/A 4/20/2023 Beaumont Do It Best 527656 $ 33.91 Cold Galv. Compound Yes 186962X 4/20/2023 Weldor's Supply 34854 $ 386.73 Rolled Flat Bar Yes 187028X 4/21/2023 Taylor's Plumbing 3489 $ 165.00 Hygiene Trailer Service Call Yes 187023X 4/21/2023 Staples 3536053856 $ 68.61 Office Supplies Yes 187022X 4/24/2023 Amazon 1MGF-K33N-M1CV $ 369.33 Printer/Toner Yes 186872X 4/27/2023 Safety Network Traffic Signs TS-16277 $ 34.16 Right Arrow/Hydrant Designation Yes 187115 X
5/2/2023 Beaumont Do It Best 528061 $ 137.34 Key and Trash Bags Yes 187045X 5/4/2023 Beaumont Do It Best 528198 $ 161.60 Tool Kits Yes 187527X 5/9/2023 Beaumont Do It Best 527379 $ 34.72 Single Sided Key Yes 187045X 6/21/2023 So Cal West Coast Electric 42485 $ 1,063.75 Power Shut off the damaged units Yes 187709X 6/22/2023 Xenia Pacific 5968 $ 40.34 T-Shirt (uniform) Yes 187742X 798
6/22/2023 Beaumont Do It Best 530203 $ 26.93 Tie Down Kit Yes 187819 X 6/29/2023 Xenia Pacific 5977 $ 117.99 T-Shirt (uniform) Yes 187904 X $ 15,288.53
Balance
Total Contracted $ 1,184,557.07 $ 375,046.93
Total Spent $ 1,098,201.60 $ 461,402.40 Roll to FY 2024 799
Bryant Street Homless Shelter (Opportunity Village) 810-9700-490.90-59 PROJECT CODE HA2201 2023-2024
ONE TIME EXPENSES: Invoice Spent Check # Cleared
8/22/2023 Artistic Maintenace 190965-IN $ 1,560.00 Clean up brush and dead trees Yes 188514 X Appropriations 7/1/2023 Taylor's Plumbing 4021 $ 959.58 FY2023 Install Pressure Regulator Yes 189060 X 7/1/2023 Taylor's Plumbing 4142 $ 980.85 FY2023 Connect Restroom #1 Yes 189060 X 7/1/2023 Taylor's Plumbing 4165 $ 980.85 FY2023 Connect Office Trailer Yes 189060 X 7/1/2023 Taylor's Plumbing 4308 $ 980.85 FY2023 Connect Restroom #2 Yes 189060 X 9/25/2023 Galls 026330718 $ 886.94 Safety Vests for Staff and Outreach Yes 190167 X 11/21/2023 Galls 026330742 $ 886.94 Safety Vests for Staff and Outreach Yes 190167 X 1/16/2024 Galls 026808946 $ 855.82 Safety Vests for Staff and Outreach Yes 190292 X 12/28/2023 Pallet PBC 201406 $ 63,018.56 (4) Replacement Shelters Yes 190553 X 2/27/2024 Pallet PBC INV201415 $ 3,316.78 Retention Yes 191351 X 2/29/2024 SoCal West Coast-4 units 45465 $ 5,029.30 (4) Replacement Shelters No 190760 X 2/29/2024 SoCal West Coast-4 units 45466 $ 264.70 Retention No 191442 X 4/12/2024 Pallet PBC INV201466 $ 9,743.85 (4) Bunks and Replacement Parts Yes 191112 X 4/12/2024 BPS Tactical 24020819 $ 2,375.89 Safety Vest Covers Yes 191301 X 3/29/2024 CDW-G QL62576 $ 2,706.38 Laptop/Platt Yes 191158 X 4/29/2024 Precision Material S155211 $ 18,533.00 Office Trailer Yes Wire ID896 X $ 113,080.29 01BAJ2201 $ 231,383.00
MONTHLY EXPENSES: 01BAJ2206 $ 100,000.00 2022-04
PO 31783 Williams Scotsman $ 38,917.74 Office/Security Trailers Lease Yes Tab B 04BAJ2022 $ 303,897.00 Direct Pay City of Banning $ 9,734.41 Utilities Yes Tab B 06BAJ2022 $ 175,000.00 ESGCV11 Direct Pay A.C. Propane $ 1,527.94 Propane Yes Tab B 06BAJ2203 $ 244,944.00 PO 32046 Faith in Action $ 75,776.89 Wrap Around Services Yes Tab B 06BAJ2204 $ 79,968.00 01AJE2501 Move FIA to Cal ICH Grant $ (68,466.21) ERF-2 Grant Approved Services Yes Tab C 06BAJ2205 $ 81,256.00 06BAJ2206 $ 57,736.00
$ 57,490.77 7/1/2022 $ 281,174.00 ENC/Rollover
7/1/2022 $ 4,246.00 ENC/Rollover
MISC EXPENSES:
Date Vendor Invoice # Amount Description Project # Check # 7/1/2023 Jeff Plat REIMBURSE 7/1/23 $ 21.53 Consuelos/Street Cleanup Yes 188577 X 7/9/2023 Rite Aid 792023 $ 100.00 Community Cleanup/Gift Cards Yes CC X 7/9/2023 Carl's Jr 79284 $ 85.87 Community Cleanup/Lunch Yes CC X 7/29/2023 Chevron 1197 $ 22.75 Water for Community Clean up Yes CC X $ 1,559,604.00 7/29/2023 Rite Aid 1590692 $ 211.90 Gift Cards for Community Cleanup Yes CC X FY2023 Contracted $ (1,184,557.07) 8/4/2023 Consuelos 842023 $ 30.62 Community Clean up Yes CC X $ 375,046.93 8/4/2023 Galls 24345273 $ 855.82 Safety Vest Yes CC X
8/17/2023 Consuelos 8172023 $ 18.55 Community Clean up Yes CC X FY2023 Spent $ (1,098,201.60) 8/28/2023 Greyhouond 310 258 3829 $ 63.96 Bus Ticket to San Diego,Melissa Padila Yes CC X $ 461,402.40 9/6/2023 Beaumont Do It Best 533197 $ (201.31) GJE to correct expenses from FY2023 No GJE X 9/8/2023 Smart & Final 55967 $ 56.01 Toilet Tissue Yes CC X 9/23/2023 Waba Grill #10 $ 66.23 Community Clean up/Lunch Yes CC X 9/26/2023 Rite Aid 519558 $ 30.16 Drug Test Kit Yes CC X 10/5/2023 Chris McCallum 3142 $ 325.00 Vehicle Repair Yes 188885 X 10/5/2023 Lithopass 15234 $ 232.74 Policy Handbook Yes 189424 X 10/5/2024 Lithopass 15234 $ 232.74 Policy Handbook (Double Charged) Yes CC X 10/14/2023 Shell Car Wash 81528 $ 10.99 OPV Vehicle Car Wash Yes CC X 10/23/2023 Taylor's Plumbing 4233 $ 244.46 FY2023 Repair Drinking Fountain Yes 189060 X 11/8/2023 La Villa Burgers 76273 $ 22.00 Community Cleanup/Lunch Yes CC X 11/3/2023 Lithopass 73506 $ 86.20 Business Cards Yes CC X 11/10/2023 Cardenas 490300003 $ 21.52 Community Cleanup/Lunch Yes CC X 11/10/2023 Cardenas 520300009 $ 15.79 Community Cleanup/Lunch Yes CC X 11/10/2023 Greyhound 311 956 9695 $ 206.80 Bus Ticket to Austin/C. Balcom Yes CC X 11/13/2023 Smart & Final 136899 $ 43.08 Toilet Tissue Yes CC X 11/14/2023 4 Bros 3833218732 $ 31.50 Cases of Soda Yes CC X 11/14/2023 Rite Aid 1624369 $ 164.85 Community Cleanup/Gift Cards Yes CC X 11/21/2023 McDonalds 95747 $ 77.24 Hospital visit and lunch Yes CC X 11/21/2023 Walmart 303325779 $ 103.92 Newborn Supplies Yes CC X 11/22/2023 Cardenas 570100161 $ 18.87 Community Cleanup/Lunch Yes CC X 11/25/2023 Gus Jr 22567 $ 63.40 Community Cleanup/Lunch Yes CC X 11/27/2023 Shell 81782 $ 12.99 OPV Vehicle Car Wash Yes CC X 11/30/2023 Jeff Plat REIMBURSE 11/30/23 $ 110.01 Fuel Yes 189552 X 800
12/2/2023 Restaurant Depot 73843 $ 38.37 Nitrile Gloves Yes CC X
12/4/2023 Amazon 112-2241825-6429824 $ 215.20 Nitrile Gloves Yes CC X
12/4/2023 Amazon 112-2241825-6429824 $ 5.38 Drug Test Kit Yes CC X
12/6/2023 Jack in the Box 1262023 $ 15.34 Lunch for Community Cleanup Yes CC X
12/7/2024 Banning Donut 1272024 $ 44.75 Community Clean Up Yes CC X
1/2/2024 Jeff Plat REIMBURSE 1/2/2024 $ 71.25 La Villa/Lunch for Community Cleanup Yes 189897 X
1/2/2024 Jeff Plat REIMBURSE 1/2/2024(2) $ 49.28 7 Star/Sodas and Waters Yes 190410 X
1/8/2024 Rite Aid 1641074 $ 380.00 Gift Cards for Community Cleanup Yes CC X
1/15/2024 Greyhound 313 353 4551 $ 265.54 Bus Ticket/Alexander Yes CC X
1/15/2024 Rite Aid 2490700 $ 132.95 Gift Cards for Community Cleanup Yes CC X
1/17/2024 May Chinese 1172024 $ 60.05 Lunch for Community Cleanup Yes CC X
1/19/2024 Gus Jr 1192024 $ 9.70 Lunch for Community Cleanup Yes CC X
1/30/2024 Rite Aid 1646926 $ 329.70 Gift Cards for Community Cleanup Yes CC X
1/31/2024 Home Depot 6520624 $ 129.17 Contractor Bags Yes CC X
2/1/2024 McDonalds 3970 $ 11.57 Lunch for Community Cleanup Yes CCX 2/3/2024 Amazon 1FF1-WQD4-R94X $ 606.30 Cleaning Suipplies Yes 190879X 2/5/2024 Beaumont Do It Best 538831 $ 102.35 Air Compressor for A/C repair Yes 190264X 2/12/2024 Palomar College 1009695.002 $ 352.00 Code Enforcement Training Yes CC X
2/12/2024 Palomar College 1009697.002 $ 352.00 Code Enforcement Training Yes CC X
2/12/2024 Jeff Platt 2122024 $ 256.50 Per Diem for Training Yes 190410 X
2/12/2024 Alberto M Chavez 2122024 $ 256.50 Per Diem for Training Yes 190381 X
2/15/2024 Taqueria Orozco 30004 $ 66.77 Community Clean Up Lunch Yes CC X
2/8/2024 May Chinese 85027 $ 29.57 Community Clean Up Lunch Yes CC X
2/22/2024 Albertsons 34471 $ 222.51 Gift Cards for Community Cleanup Yes CC X
2/27/2024 Best Buy 44503 $ 96.96 Replacement Power Cord/Charger Yes CC X
3/1/2024 Residence Inn 90941 $ 689.42 Palomar Lodging Yes CC X
3/1/2024 Residence Inn 90942 $ 689.42 Palomar Lodging Yes CC X
3/6/2024 Jeff Platt 472149 $ 125.00 Fuel for Community Clean up Yes 190745X 3/12/2024 La Villa Burgers 87476 $ 55.54 Lunch for Community Cleanup Yes CCX 3/13/2024 Sizzler 881701 $ 79.68 Lunch for Community Cleanup Yes CCX 3/14/2024 Harbor Freight 393070 $ 107.73 Batteries Yes CCX 3/28/2024 Waba Grill 28665 $ 105.33 Lunch for Community Cleanup Yes CC X
4/1/2024 Fast 5 1POS6001 $ 13.00 Clean Trailer after Community Clean Yes CC X
4/1/2024 SOBHY Chevron 69696160 $ 141.10 Fuel for Community Clean up Yes CC X
4/1/2024 Jack in the Box 74428 $ 26.38 Lunch for Community Cleanup Yes CC X
4/4/2024 Amazon 1V6P-TGHX-3JDG $ 918.11 Office and Cleaning Supplies Yes 191651 X
4/8/2024 Carl's Jr 22572 $ 44.33 Lunch for Community Cleanup Yes CC X
4/8/2024 Amazon 1LXL-FM7H-MQDL $ 199.06 Body Camera Yes 191651 X
4/16/2024 Rite Aid 2519995 $ 223.80 Gift Cards for Community Cleanup Yes CC X
4/16/2024 Rite Aid 2519996 $ 223.80 Gift Cards for Community Cleanup Yes CC X
4/17/2024 Lithopass 15861 $ (232.74) Credit for Double Payment Yes 191164 X
4/18/2024 Amazon 1RQ7-P947-VRHH $ 25.85 Body Cam Magnet Yes 191142X 4/22/2024 Beaumont Do It Best 541867 $ 58.16 40:1 Fuel Yes 191152X 4/22/2024 Jack in the Box 36448 $ 12.92 Lunch for Community Cleanup Yes CCX 4/24/2024 Beaumont Do It Best 541935 $ 24.76 Rebar to anchor (5) pods Yes 191239X 4/30/2024 Mario Carlos 22515 $ 36.17 Replacement Keys Yes 191307X 4/30/2024 Mario Carlos 491305 $ 38.00 Fuel for Transportation of Resident Yes 191307X 4/30/2024 Beaumont Do It Best 542188 $ 22.80 Caulking Yes 191299 X
5/3/2024 McDonalds 74321 $ 12.56 Lunch for Community Cleanup Yes CCX 5/3/2024 Exxon Snack Attack Lost Receipt $ 26.66 Water for Community Clean up Yes CCX 5/5/2024 Jose Avila 7.63156E+13 $ 11.82 Lunch for Community Cleanup Yes 191535X 5/7/2024 Jack in the Box 1850 $ 8.07 Lunch for Community Cleanup Yes CCX 5/7/2024 Rite Aid 1674382 $ 331.70 Gift Cards for Community Cleanup Yes CCX 5/10/2024 Xenia Pacific 6240 $ 243.52 OPV Team Shirts Yes CCX 5/12/2024 Amazon 17LP-1MNH-VV36 $ 460.04 Body Camera/Desk Chair Yes 191651 X
5/14/2024 Del Taco 72287 $ 16.69 Lunch for Community Cleanup Yes CCX 5/16/2024 Dollar General 1257856 $ 39.35 Snacks for Community cleanup Yes CCX 5/16/2024 Jose Avila 6.6315E+13 $ 8.18 Lunch for Community Cleanup Yes 191535X 5/20/2024 La Villa Burgers 41663 $ 41.46 Lunch for Community Cleanup Yes CCX 5/17/2024 Rite Aid 56723088 $ 329.70 Gift Cards for Community Cleanup Yes CCX 5/19/2024 Mario Carlos REIMBURSE 5/19/2024 $ 12.92 Lunch for Community Cleanup Yes 191542X 5/19/2024 Mario Carlos REIMBURSE 5/19/2024(2) $ 38.43 Lunch for Community Cleanup Yes 191742X 5/21/2024 Jeff Platt E/5801728 $ 159.00 Fuel for Community Clean up Yes 191571X 5/22/2024 Gus Jr 5222024 $ 22.63 Lunch for Community Clean up Yes CCX 5/22/2024 Fast 5 681307 $ 16.00 Vehicle clean after community clean up Yes CCX 5/28/2024 Charmer's Fresh 1609 $ 12.71 Breakfast for Community cleanup Yes CCX 801
5/28/2024 Dollar General 12955 $ 42.62 Mop.Bucket, Snacks Yes CC X 5/29/2024 McDonalds 228603 $ 33.86 Lunch for Community Clean up Yes CC X 5/29/2024 Walmart 26223 $ 208.99 Bedding and Kitchen Supplies Yes CC X 5/29/2024 Amazon 1WCQ-W4WK-MXT1 $ 302.34 Office and Restroom Supplies Yes 191651 X 5/30/2024 Walgreens 93568 $ 341.70 Gift Cards for Community Cleanup Yes CC X 5/30/2024 Xenia Pacific 6272 $ 232.74 Polo Shirts for Staff Yes CC X 6/1/2024 Beaumont Do It Best 543573 $ 7.71 Single Sided Key Yes 191737 X 6/3/2024 Fast 5 56552 $ 11.00 Vehicle clean after community clean up Yes CC X 6/4/2024 Wienerschnitzel 642024 $ 36.94 Lunch after Community Meeting at SLC Yes CC X 6/5/2024 Mario Carlos REIMBURSE 6/5/2024 $ 14.00 Meal/Kenneth Mooney Yes 191742 X 6/6/2024 Mario Carlos REIMBURSE 6/6/2024 $ 14.00 Meal/Kenneth Mooney Yes 191742 X 6/7/2024 Mario Carlos REIMBURSE 6/7/2024 $ 14.00 Meal/Kenneth Mooney Yes 191742 X 6/8/2024 Guillermo Molina REIMBURSE 6/8/2024 $ 13.78 Meal/Kenneth Mooney Yes 191771 X 6/8/2024 Guillermo Molina REIMBURSE 6/8/2024(2) $ 5.59 Meal/Kenneth Mooney Yes 191771 X 6/8/2024 Fast 5 56552 $ 14.00 Vehicle clean after community clean up Yes CC X 6/9/2024 Guillermo Molina REIMBURSE 6/9/2024 $ 13.46 Meal/Kenneth Mooney Yes 191771 X 6/9/2024 Guillermo Molina REIMBURSE 6/9/2024(2) $ 15.61 Meal/Kenneth Mooney Yes 191771 X 6/10/2024 Mario Carlos REIMBURSE 6/10/2024 $ 16.42 Meal/Kenneth Mooney Yes 191742 X 6/11/2024 PT Discount Mart 15583 $ 24.14 Water Yes CC X 6/11/2024 Chipotle 6112024 $ 33.89 Meal/Kenneth Mooney CC X 6/12/2024 Mario Carlos REIMBURSE 6/12/2024 $ 14.00 Meal/Kenneth Mooney Yes 191742 X 6/13/2024 Greyhound 316 762 3069 $ 233.91 Bus Fare for Kenneth Mooney Yes CC X 6/14/2024 Casa Cruz 6501 $ 291.44 Meals for OPV Village Yes CC X 6/14/2024 Chevron Lost Receipt $ 25.07 Water and Energy Drinks Yes CC X 6/17/2024 Food For Less 779701 $ 19.99 Water Yes CC X
6/17/2024 Rite Aid 1684147 $ 329.70 Gift Cards for Community Cleanup Yes CC X 6/17/2024 Smart & Final 6.0112E+12 $ 102.82 Cleaning and Pantry Items Yes CC X 6/18/2024 Jack in the Box 21298 $ 5.04 Meal for Alyssa Morales Yes CC X 6/18/2024 Lyft 6182024 $ 68.82 Alyssa Mendoza to Riverside Yes CC X 6/21/2024 Casa Cruz 6212024 $ 37.66 Lunch for OPV Clients CC X 6/24/2024 Fast 5 18997 $ 14.00 Clean vehicle after community cleanup Yes CC X 6/28/2024 Vision Security 20917 $ 1,970.00 Remove Security Equipo from Office Yes 192157 X 6/27/2024 Cybertime Network 1524-240627 $ 500.00 Relocate Data Drops and Network Yes 192177 X 6/30/2024 Amazon 143H-XJCJ-L33W $ (70.03) Body Camera/Cancelled Yes 192286 X 6/30/2024 Beaumont Do It Best 541919 $ 484.82 Yard Tools Yes 192385 X $ 18,328.99
Total Spent $ 188,900.05 $ 272,502.35 Roll to FY2025
802
32201 Williams Scotsman Direct Pay City of Banning Utilties $ 75,777.23 Date Invoice Amount Check # Packet Cleared Saved Date Invoice Amount Check # Packet Cleared Saved 32046 7/7/2023 9018191155 $ 187903 X 839.37 7/19/2023 10194557468JL23 $ 18793 257.31 0 X Date Invoice Amount Check# Packet Cleared Saved 7/7/2023 9018208127 $ 2,878.00 187903 X 7/19/2023 10194557548JL23 $ 18793 476.97 0 X 7/31/2023 #6 $ 7,310.68 188543 X 7/8/2024 9018383022 $ 188075 X 107.75 8/17/2023 10194557468AU23 $ 18862 367.84 8 X 8/3/2023 9018444558 $ 18820 839.37 2 X 8/17/2023 10194557548AU23 $ 18862 611.86 8 X 8/31/2023 #7 $ 18879 8,176.81 6 X 8/6/2023 9018461416 $ 18820 2,770.25 2 X 9/21/2023 10194557548SE23 $ 18878 539.27 8 X 9/30/2023 #8 $ 11,459.22 189032 X 8/31/2023 9018724329 $ 18861 839.37 0 X 9/21/2023 10194557468SE23 $ 18885 304.62 6 X 10/31/2023 #9 $ 8,924.40 189522 X 9/3/2023 9018748101 $ 18861 2,770.25 0 X 10/19/2023 10194557548OC23 $ 189025 X 381.60 11/30/2023 #10 $ 10,376.38 189862 X 9/28/2023 9018986355 $ 188831 X 839.37 10/19/2023 10194557468OC23 $ 189025 X 211.89 12/31/2023 #11 $ 14,001.31 189950 X10/1/2023 9019011432 $ 188831 X 2,770.25 11/17/2023 10194557468NV23 $ 18941 248.43 9 X 1/31/2024 #12 $ 15,528.09 190527 X 10/26/2023 9019242333 $ 18916 839.37 6 X 11/17/2023 10194557548NV23 $ 18941 374.73 9 X 10/29/2023 9019265713 $ 18916 2,770.25 6 X 12/17/2023 10194557468DC23 $ 18981 277.87 4 X11/23/2023 9019501184 $ 18948 812.44 4 X 12/17/2023 10194557548DC23 $ 18981 433.62 4 X11/26/2023 9019522165 $ 2,743.32 189484 X 1/25/2024 10194557468JA24 $ 19027 309.43 6 X12/24/2023 9019769833 $ 2,743.32 189919 X 1/25/2024 10194557548JA24 $ 19027 472.72 6 X12/21/2024 9019752148 $ 19043 812.44 6 X 2/22/2024 10194557468FB24 $ 19060 382.05 7 X 1/18/2024 9019980838 $ 19043 812.44 6 X 2/22/2024 10194557548FB24 $ 19060 618.69 7 X2/15/2024 9020212465 $ 19057 859.63 6 X 3/23/2024 10194557468MR24 $ 19089 406.07 4 X1/21/2024 9019997199 $ 1,611.94 190774 X 3/23/2024 10194557548MR24 $ 19089 512.14 4 X2/19/2024 9020236087 $ 1,611.94 190774 X 4/18/2024 10194557468AP24 $ 191253 X 377.33 Balance 75,776.89 $ 0.34$ 3/14/2024 9020443827 $ 19087 812.44 4 X 4/18/2024 10194557548AP24 $ 191253 X 668.48 3/17/2024 9020460156 $ 1,671.12 190874 X 5/22/2024 10194557468MY24 $ 19166 312.43 6 X 4/14/2024 9020684342 $ 1,611.94 191138 X 5/22/2024 10194557548MY24 $ 19166 414.43 6 X4/17/2024 9020705870 $ 1,327.29 191933 X 6/18/2024 10194557468JN24 $ 191833 X 285.76 5/12/2024 9020914041 $ 1,611.94 191725 X 6/18/2024 10194557548JN24 $ 191833 X 488.87 6/9/2024 9021140765 $ 1,611.94 191725 X
Total $ 38,917.74 Total $ 9,734.41
32058 A.C. Propane
Date Invoice Amount Check # Packet Cleared Saved
9/5/2023 239787 $ 188611 X 355.76
2/8/2024 244757 $ 19077 633.62 6 X
3/13/2024 165873 $ 19077 9.50 6 X6/28/2024 246489 $ 192371 X 529.06 Total $ 1,527.94
Faith in Action
4 Tab B
803
Faith in Action Budget 2/23 3/23 4/23 5/23 6/23 7/23 8/23 9/23 10/23 11/23 12/23 1/24 Budget Revision 1 Revision 2 Invoice #1 Invoice #2 Invoice #3 Invoice #4 Invoice #5 Invoice #6 Invoice #7 Invoice #8 Invoice #9 Invoice #10 Invoice #11 Invoice #12 Total Balance Employee Costs 90,487.0 $ 0 $ 81,487.00 $ 75,537.00 520.00$ 4,798.63 $ $ 4,513.86 $ 5,394.28 $ 5,549.30 $ 5,397.40 $ 5,674.94 $ 7,181.90 7,027.69$ 7,822.43$ 8,457.12$ 11,291.55 $ 73,629.1 $ 0 $ 1,907.90 Rent & Utilities 2,800.0 $ 0 $ 10,200.00 $ 10,650.00 750.00$ 750.00$ 949.55$ 1,000.35$ 787.21$ 1,014.62$ 877.94$ 936.94$ 971.50$ 878.25$ 982.17$ 910.91$ 10,809.4 $ 4 $ (159.44)Service Related Expenses 5,513.0 $ 0 $ 5,513.00 $ 5,513.00 146.15$ 791.73$ 33.56$ 171.68$ 198.63$ 694.12$ 2,693.53$ 308.13$ 33.41$ 435.01$ 163.90$ $ 5,669.85 $ (156.85)Life Skills Training $ 1,000.00 $ 2,400.00 65.33$ 155.15 145.85 232.64$ $ 1,148.18 2,221.15$ $ 2,070.00 $ 6,038.30 $ (3,638.30)Office Supplies $ 1,100.0 200.00 $ 0 65.65$ 42.02 206.05$ 142.95$ 101.17$ 192.11$ 772.41$ 104.66$ $ 1,627.02 $ (527.02)Office Equipment $ 3,600.0 400.00 $ 0 394.38 164.85$ 466.72$ $ 1,025.95 $ 2,574.05 -$ -$
10% Overhead $ 5,200.00 $ 5,200.00 $ 5,200.00 141.62$ 634.04$ $ (112.98) 334.86$ 346.40$ 348.13$ 389.37$ 545.68$ 424.97$ 494.11$ 666.73$ 987.07$ $ 5,200.00 -$ -$
Total $ 104,000.00 $ 104,000.0 104,000.00 $ 1,557.77 0 $ 6,974.4 $ 0 $ 5,383.99 7,032.15$ $ 7,274.46 $ 7,310.68 8,176.81$ 11,459.22 $ 8,924.4 $ 10,376.3 0 $ 14,001.31$ 15,528.09 8 $ 103,999.6 $ 6 $ 0.34 $ 8,532.17 $ 13,916.16 $ 20,948.31 $ 35,533.45$ 43,710.2 28,222.77 $ 55,169.4 6 $ 64,093.8 8 $ 74,470.2 8 $ 88,471.5 6 $ 7 $ 0.34 Move to Cal ICH Grant $ 68,466.21
5 Tab C
804
Bryant Street Homless Shelter (Opportunity Village) 810-9700-490.90-59 PROJECT CODE HA2401 2024-2025
Balance Carried from FY2024 $ 272,502.35
CAPITAL EXPENSES: Committed Spent
$ - $ -
MONTHLY EXPENSES: $ - $ -
City of Banning $ 2,549.93 $ 2,549.93 Utilities Yes Tab B A.C. Propane Propane Yes Tab B
Enterprise Lease $ 827.37 $ 827.37 Unit 205 Ford Fusion Lease Yes Tab B $ 3,377.30 $ 3,377.30
Balance $ -
MISC EXPENSES:
Date Vendor Invoice # Amount Description Project # Check # 6/28/2024 Fast5Xpress 18997 $ 18.00 Vehicle Wash Yes CC X 7/2/2024 Beaumont Safe & Lock 77335 $ 188.29 R&R Damaged Locks Yes 192386 X 7/3/2024 Chipoltle 48155 $ 46.93 Lunch for OPV Clients Yes CC X 7/3/2024 Rite Aid 2542712 $ 447.60 Gift Cards for OPV Clients Yes CC X 7/5/2024 Beaumont Safe & Lock 77134 $ 79.00 Repair Handle Yes 192386 X 7/6/2024 Amazon 1DXN-N1D7-G43C $ 700.42 Refrigerator/Bodycam/Supplies Yes 192286 X 7/7/2024 Williams Scotsman 9021361383 $ 1,611.94 Office Trailer Lease Yes 192160 X 7/8/2024 Fast5Xpress 20477 $ 14.00 Vehicle Wash Yes CC X 7/8/2024 Wienerschnitzel CHK 995 $ 32.18 Meals for OPV Clients Yes CC X 7/15/2024 Rite Aid 1690928 $ 447.60 Gift Cards for OPV Clients Yes CC X 7/16/2024 WabaGrill 88734 $ 33.70 Meals for OPV Clients Yes CC X 7/18/2024 Fast5Xpress 97466 $ 16.00 Vehicle Wash Yes CC X 7/19/2024 Good China Express 67851 $ 12.53 Meals for OPV Clients Yes CC X 7/19/2024 Rite Aid 56723088 $ 447.60 Gift Cards for OPV Clients Yes CC X 7/19/2024 WabaGrill 58060 $ 29.81 Meals for OPV Clients Yes CC X 7/20/2024 4 Bros Liquor 89374 $ 12.97 Water Yes CC X
7/20/2024 Jack in the Box 26524 $ 22.99 Meals for OPV Clients Yes CC X 7/22/2024 Amazon 1GD1-NRNQ-1NVP $ 578.50 Pantry Items Yes 192167 X 7/22/2024 Jack in the Box Lost $ 12.60 Meals for OPV Clients Yes CC X 7/23/2024 Wienerschnitzel CHK 315 $ 23.34 Meals for OPV Clients Yes CC X 7/24/2024 SiteOne Landscape 144288278-001 $ 318.40 Rebar to tie down Irrigation Line Yes 192524 X 7/25/2024 KFC 48934 $ 11.51 Meals for OPV Clients Yes CC X 7/26/2024 WabaGrill 8829 $ 23.81 Meals for OPV Clients Yes CC X 805
7/31/2024 Jersey Mikes 01-001636-02-237576 $ 32.54 Meals for OPV Clients Yes CC X 7/31/2024 Walgreens Reprint $ 85.91 OPV Supplies Yes CC X 8/1/2024 Walmart 76906 $ 176.72 Client Personal Items Yes CC X 8/1/2024 Rite Aid 2549127 $ 11.84 Client Personal Items Yes CC X 8/5/2024 Fast5Xpress 59880 $ 16.00 Vehicle Wash Yes CC X 8/6/2024 Lyft None $ 73.29 OPV Client Ride Yes CC X
8/7/2024 Shared Housing Conference ch_3PkFziFLLG98fP $ 612.59 Conference and Certification Yes CC X 8/7/2024 Diamond Environmental 5584753 $ 225.24 Portable Restrooms Yes 192407 X 8/12/2024 So Cal West Coast Electric 47779 $ 1,280.00 Disconnect Power from Office Trailer Yes 192530 X 8/14/2024 Taco Bell 5b80di $ 21.29 Meals for OPV Clients Yes CC X 8/15/2024 Jack in the Box 79394 $ 19.59 Meals for OPV Clients Yes CC X 8/19/2024 Super Bargain Outlet 104410 $ 6.48 Water Yes CC X 8/19/2024 Jack in the Box 82784 $ 18.30 Meals for OPV Clients Yes CC X 8/20/2024 Rite Aid 2553139 $ 457.60 Gift Cards for OPV Clients/Medical Aid Yes CC X 8/22/2024 Smart & Final 24039 $ 25.94 Supplies Yes CC X 8/23/2024 Jack in the Box 71378 $ 8.39 Meals for OPV Clients Yes CC X 8/23/2024 Gus Jr Illegible $ 15.58 Meals for OPV Clients Yes CC X 8/23/2024 Gus Jr Illegible $ 44.33 Meals for OPV Clients Yes CC X 8/27/2024 WabaGrill 89187 $ 18.98 Meals for OPV Clients Yes CC X 8/29/2024 Lyft None $ 34.82 Patrick Pettigrew to Corona Yes CC X 8/29/2024 Beaumont Do IT Best 547165 $ 34.35 Lumber for Office Trailer Yes 192622 X 8/29/2024 Beaumont Do IT Best 547167 $ 17.22 Adhesive for Office Trailer Yes 192622 X 9/3/2024 Fast5Xpress 75326 $ 16.00 Vehicle Wash Yes CC X 9/4/2024 WabaGrill 43603 $ 24.59 Meals for OPV Clients Yes CC X 9/6/2024 Casa Cruz 8149 $ 80.72 Meals for OPV Clients Yes CC X 9/7/2024 Gus Jr 92078 $ 85.30 Meals for OPV Clients Yes CC X 9/8/2024 Rite Aid 2557244 $ 447.60 Gift Cards for OPV Clients Yes CC X 9/9/2024 Xenia Pacific 6362 $ 68.96 Hickman Polos Yes 192769 X 9/9/2024 Diamond Environmental 5648286 $ 416.54 Temporary Restroom Yes 192794 X 9/11/2024 Beaumont Do IT Best 547683 $ 24.21 Paint for new office trailer Yes 9/17/2024 Beaumont Do IT Best 549-7937 $ 16.14 Sealant for Office Trailer Install No 9/24/2024 Home Depot 9012316 $ 38.75 Alum Tape for Office Trailer Install Yes $ 9,585.53
Total Spent $ 12,962.83
Balance $ 259,539.52
806
TAB B
Direct Pay City of Banning Utilties $ Enterprise Lease 3,500.00 10,000.00 $ Date Invoice Amount Check # Packet Date Invoice Amount Check # Packet 7/18/2024 10194557468JL24 $ 192242 X 334.09 7/3/2024 FBN5076670 $ 192410 X 275.79 7/18/2024 10194557548JL24 $ 192242 X 809.45 8/3/2024 FBN5107186 $ 192410 X 275.798/15/2024 10194557468AU24 $ 192561 X 299.87 9/5/2024 FBN5136561 $ 192795 X 275.798/15/2024 10194557548AU24 $ 192561 X 1,106.52 Total 2,549.93 $ Total 827.37 $
Balance $ 7,450.07 Balance $ 2,672.63
A.C. Propane $ 1,000.00
Date Invoice Amount Check # Packet
Total - $
Balance $ 1,000.00
807
ELIGIBLE USE
CATEGORY DESCRIPTION NAME OF ENTITY UNIT RATE TIME ERF-2-R BUDGET Obligated FY2024 Spent FY2025 2 SENTENCE DESCRIPTION Interim Sheltering Pallet Shelters Opportunity Village 5.00 14,448.15 106,247.18 106,247.18 106,247.18 5 shelters - amount includes shelter structure; electrical kit w/heater; air conditioner w/install kit; folding bunk bed; custom fit mattress pad; assembly; tax; shipping; + 10% contingency for inflation
Interim Sheltering Electric Hookup Opportunity Village
Hookup for 5
shelters 40,000.00 15,173.75 15,173.75 15,173.75 Contracted electric hookup for 5 pallet shelters Improvements to Existing
Emergency Shelters Security Wireless Network Opportunity Village Security
System/cameras 18,792.74 18,792.74 18,792.74
Includes: 5 subscriber radios; 6 NEMA boxes; 6 Radio Pole Mount J-Arms; 6 Switches; 1 Omni Antenna; 1 Radio for Omni; 1 Gig Link to Highsite; Misc. Cable/Hardware; Engineering Design; Installation Labor; + 10% contingency for inflation Surveillance Cameras
Improvements to Existing
Emergency Shelters Pavement preparation Opportunity Village 22,850.10 22,850.10 22,850.10 Crack Seal Improvements to Existing
Emergency Shelters Pavement improvements Opportunity Village Gallon 22 18,348.88 18,348.88 12,121.88 6,227.00 30 36" Carolina Cherry Trees Improvements to Existing
Emergency Shelters LED Lighting Opportunity Village LED lighting 17,460 16,046.84 16,046.84 16,046.84 LED lighting and installation Improvements to Existing
Emergency Shelters Sound Barrier Wall Opportunity Village 1.00 390,000 390,000.00 390,000.00 37,492.50 352,507.50 Acoustifence sound dampening curtain w/appurtenances -
includes $175,000 for fence, an estimated $50,000 for
installation
Improvements to Existing
Emergency Shelters Shade Structure Opportunity Village 1.00 30,000 31,530.00 31,530.00 31,530.00 40' x 20' fabric shade structure, poles, attachments Utility Trailer 11,953.79 11,953.79 11,953.79 Utility Trailer for cleaning up camps Van 16,000.00 16,000.00 16,000.00 Van for CHAT Purposes Delivery of Permanent
Housing Utilities for Housing 8,837.12 8,837.12 924.09 7,913.03 Additional Housing Delivery of Permanent
Housing Rapid Rehousing funding Permanent Housing 1.00 150,000 36 months 116,680.60 116,680.60 114,480.60 2,200.00 Funding to expedite transition to permanent housing - credit check fees, rental application fees, rent assistance, deposits, etc.
Services Coordination Wraparound Services 68,466.21 68,466.21 68,466.21 Faith in Action August through January 2024 Services Coordination Wraparound Services CHAT Outreach 2.00 104,000 12 months 139,533.79 139,533.79 86,531.06 53,002.73 City Employee provioded wrap around services. February
through June 2024
Adjust to Balance
$ 980,461.00 $ 980,461.00 $ 504,230.64 $ 476,230.36
$ 980,461.00 $ 490,230.45 $ 488,918.35
Balance to Comply $ (14,000.19)
52,185.82
Administrative Costs Grant Administration City of Banning 36 months Grant Administration $ -
$ 980,461.00
808
Cal ICH ERF-2
810-9700-490.90-60
Budget FY2024 $ 980,460.90 $ 491,542.55 FY2025 $ 476,230.36 Date PO/INV Desc Committed Spent Check # Date Invoice Check # 1/9/2024 PO 32682 IMEG $ 103,486.00 7/14/2024 312 N Util $ 190.11 192175 1/9/2024 Council IMEG/Cons $ 286,514.00 7/18/2024 146 N Util $ 125.01 192242 2/6/2024 312 N 4th Haskell $ 31,500.00 $ 31,500.00 190297 7/29/2024 102.00-5 IMEG $ 4,150.50 192720 2/12/2024 312 N 4th Haskell $ 1,730.60 $ 1,730.60 190396 7/31/2024 109197 Mariposa $ 6,227.00 192511 2/29/2024 146 N 4th Haskell $ 33,750.00 $ 33,750.00 190624 8/5/2024 962 W Ramsey $ 2,200.00 192319 3/14/2024 PO 32771 LIT $ 106,247.18 8/15/2024 146 N Util $ 156.87 192561 3/14/2024 81017 LIT $ 62,205.00 190828 8/19/2024 312 N Util $ 208.18 192791 3/14/2024 PO 32773 Vision $ 19,438.44
3/14/2024 PO 32773 Vision $ (645.70)
4/3/2024 102.00-1 IMEG $ 16,005.00 191102
4/12/2024 PO 32811 SCWCE $ 14,650.00
4/15/2024 457 E Hoffer Trejo $ 47,500.00 $ 47,500.00 191135 4/17/2024 20764 Vision $ 17,890.71 191220
4/22/2024 81025 LIT $ 36,670.00 191265
5/12/2024 102.00-2 IMEG $ 3,812.50 191682
5/3/2024 46368 SCWCE $ 13,917.50 191370
5/3/2024 46369 SCWCE $ 732.50 191442
5/15/2024 1255 BEU $ 16,046.84 $ 16,046.84 191547
5/23/2024 46571 SCWCE $ 523.75 $ 523.75 191635
5/30/2024 PO 32871 Big Tex $ 11,953.79
6/4/2024 102.00-3 IMEG $ 4,170.00 191682
6/6/2024 254067 Big Tex $ 11,953.79 191657
6/12/2024 VIN#79048 COB-PW $ 16,000.00 $ 16,000.00 191665 6/18/2024 PO 32892 AY Nursery $ 12,121.88 $ 12,121.88 192035 6/28/2024 20765-RET Vision $ 902.03 191926
6/28/2024 Utilities $ 11,037.12 $ 924.09 191833
6/28/2024 PO 32405 Mariposa $ 6,227.00
6/30/2024 Faith in Ac $ 68,466.21 $ 68,466.21 01AJE2501 6/30/2024 06IFT2407 Internal Svc $ 139,533.79 $ 86,531.06 06IFT2407 809
6/30/2024 Pavement $ 22,850.10
6/30/2024 Shade $ 31,530.00
6/30/2024 102.00-4 IMEG $ 13,505.00 192327
6/30/2024 LIT Sales $ 7,372.18 06AJE2403
$ 980,461.00 $ 504,230.64 $ 13,257.67
$ (86,531.06)
Naviline Spent $ 417,699.58 Balance $ 462,972.69
Pre-Encumbered
IMEG Design $ 65,993.50
Mariposa $ 6,227.00
Balance to Naviline $ 489,920.08
810
Prepared 9/30/24, 10:49:54
CITY OF BANNING Starting 9/20/2021
OPPORTUNITY VILLAGE Ending 9/15/2024
Employee Hours Quantity Dollar Amount
AVILA, JOSE 3,938.50 108,928.10
CARLOS, MARIO R 2,333.00 66,414.09
FORD JR, STEVEN D 2,610.63 74,802.82
HICKMAN, ELIZABETH 979.00 31,880.62
JOHNSON, KAIANA J 323.67 6,005.21
MARTINEZ, ARMANDO L 1,120.00 28,733.09
MOLINA, GUILLERMO 417.00 10,750.26
PLATT, JEFFREY 3,293.00 138,507.83
RUIZ, ROMAN 3,103.80 114,479.52
TOTAL 580,501.54
Hours History Detail
811
C-1 Richards, Watson & Gershon - 2020
11303-0001\2443165v1.doc
CONTRACT (C00904)
CITY OF BANNING CONTRACT FOR
WELL M-12 A GROUNDWATER PRODUCTION WELL DRILLING, CONSTRUCTION, DEVELOPMENT, AND TESTING (IFB 23-035)
THIS CONTRACT (“Contract”) is made and entered this ___________________, (“Effective Date”), by and between the CITY OF BANNING, a California municipal corporation (“City”) and Nor-Cal Pump & Well Drilling, Inc., a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 908591; Class B, C-57, C-61. Contractor’s DIR registration number is 1000012947.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any postBid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are incorporated herein by reference.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Street Improvements at Various Locations (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Two Million Forty-Nine Thousand Ninety-Six Dollars ($2,049,096.00) in accordance with the prices as submitted in the Bid.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ DocuSign Envelope ID: 6551BC35-6559-49E2-84E6-9751CDC85A4B October 10, 2023
81274
C-2 Richards, Watson & Gershon - 2020
11303-0001\2443165v1.doc
compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
10. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
CITY OF BANNING
By:
City Manager Date
ATTEST: APPROVED AS TO FORM:
By: By:
Deputy City Clerk Date City Attorney Date
City Council Approval:
(“CONTRACTOR”)
By:
Name: Date
Title:
By:
Name: Date
Title:
DocuSign Envelope ID: 6551BC35-6559-49E2-84E6-9751CDC85A4B 10/23/2023
10/27/2023
Vice President
Nor-Cal Pump & Well Drilling, Inc.
Harkrishan Heer
10/27/2023
10/27/2023
2023-10UA
81375