Agenda packet, regular meeting, third session — Banning City Council, March 11, 2025 (part 1 of 2)

March 11, 2025
5:00 p.m.

In Chambers
Council Chambers
99 E. Ramsey Street
Banning, CA 92220

1. CALL TO ORDER

2. AGENDA APPROVAL
AGENDA

CITY COUNCIL - REGULAR MEETING OF THE BANNING CITY COUNCIL

CITY OF BANNING, CALIFORNIA
The following information comprises the agenda for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.

This meeting is being held via Zoom so that members of the public may observe and participate in this meeting electronically. If you participate in this meeting via Zoom, you are agreeing to abide by the City's Zoom Community Standards for Public Meetings (provided in full on the last page of the agenda). Esta reunión se lleva a cabo en la Cámara y a través de Video/Teleconferencia en Zoom para que los miembros del público puedan observar y participar en esta reunión de manera electrónica. Si elige participar en esta reunión a través de Zoom, acepta cumplir con los Estándares comunitarios de Zoom para reuniones públicas de la ciudad (que se proporcionan en su totalidad en la última página de la agenda).

To observe and participate in the online video portion of the meeting through your personal computer or device, follow this link:
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Per the City of Banning Manual of Procedural Guidelines, matters taken up by the Council before 10 p.m. may be concluded, but no new matters shall be taken up except upon a majority vote of the council members present and voting. Such an extension shall only be valid for one hour and each hour thereafter shall require a renewed action for the meeting to continue.

1.1 INVOCATION
Performed by Pastor David Kieffer of Our Savior's Lutheran Church

1.2 PLEDGE OF ALLEGIANCE

1.3 ROLL CALL

2.1 AGENDA APPROVAL
City Council - Regular Meeting Agenda
March 11, 2025
1 3. PRESENTATIONS

3.1 Banning Women's Club Displays in Council Chambers Lobby

4. REPORT ON CLOSED SESSION

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS

6. CONSENT ITEMS

6.1 Approval of the Meeting Minutes for the February 14 and 25, 2025 City Council Meetings

6.2 Consideration of Resolution 2025-32, Approving a Purchase Order with A-Z Bus Sales in the Amount of $44,242.61, which includes a 5% contingency, for the Wheelchair Lift Replacement on Transit Bus 243

6.3 Consideration of Resolution 2025-33, Approving the Agreement with Riverside County Children and Families Commission Allowing the City of Banning to Provide Swim Lessons Scholarships to Eligible Children Under the Age of Five

6.4 Consideration of Resolution 2025-34, Approving a Sole Source Agreement for Professional Services with Willdan Engineering, Inc. for (1) Building and Safety Services in an Amount Not to Exceed $426,000 for Six Months and (2) Planning Services in an Amount Not to Exceed $151,000 for Nine Months.

Recommendation: Allow Banning Women's Club to introduce their displays.

John Pinkney, Interim City Attorney

5.1 PUBLIC COMMENTS

5.2 CORRESPONDENCE

5.3 APPOINTMENTS
Historic Preservation Commission Appointments for Positions 1 through 5 Recommendation: Appoint up to two (2) applicants to Positions 1 and 2, with terms expiring in January 2027; Appoint up to three (3) applicants to Positions 3 through 5, with terms expiring on January 2029.

Banning Youth Council Appointment
Recommendation: Appoint Sara McDermott to the Banning Youth Council.

5.4 CITY COUNCIL COMMITTEE REPORTS

5.5 CITY MANAGER'S REPORT

5.6 CITY ATTORNEY'S REPORT

5.7 CITY TREASURER'S REPORT
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.

Recommendation: Approve the minutes of the February 14 and 25, 2025 City Council Meetings.

Recommendation: Adopt Resolution 2025-32.

Recommendation: Adopt Resolution 2025-33.

City Council - Regular Meeting Agenda
March 11, 2025
2 6.5 Consideration of City Council Resolutions 2025-35, 2025-36, and Successor Agency Resolution 2025-01, Approving Updated Accountholders for all City Bank Depository Accounts

7. PUBLIC HEARINGS

8. REPORTS OF OFFICERS

8.1 Consideration of Resolution 2025-37, Approving Modifications to the Warrant Approval Process

9. DISCUSSION ITEMS

9.1 Discussion of Fiscal Year 2026 Community Project Funding Request

9.2 Presentation by Michael Busch of Urban Futures Inc regarding City and Utility finances and steps needed to stabilize general fund and Electric Utility fund

10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS

11. ITEMS FOR FUTURE AGENDAS

12. ADJOURNMENT
Recommendation: Adopt Resolution 2025-34.

Recommendation: Adopt City Council Resolutions 2025-35, 2025-36, and Successor Agency Resolution 2025-01.

Recommendation: Adopt Resolution 2025-37.

Recommendation: Discuss Fiscal Year 2026 Community Project Funding request and provide staff direction on which project to submit for potential funding.

Recommendation: 1) Direct staff to come back within 30 days with a timeline of actions necessary to stabilize the City’s Electric Utility; and 2) Authorize the City Manager to negotiate with Urban Futures Inc on the development of a 10-Year General Fund Budget Forecast Model to include budget stabilization recommendations and options for City Council consideration.

11.1 NEW ITEMS

11.2 EXISTING ITEMS

1. Update on Community Garden (Flynn)

2. Developer Presentation on Sunset Crossroads Project (Flynn)

3. Contracting Animal Services (Flynn)

4. Code Enforcement Department Citations Process (Miller)

5. Emergency Preparedness (Barrington)

6. Changes to the Banning Procedural Manual (Royce)

7. Tree Trimming at Repplier Park and near Sun Lakes (Flynn)

8. Discussion of Reversing Decision to Close Airport (Royce)

9. Agenda Pagination, Reading Aloud Public Correspondence (Flynn)

10. Evaluation of Acting City Manager (Miller)

11. Patriot Tree (Barrington)

12. Contractor(s) to do Citywide Cleanup (Flynn)

13. Resolution for Mayor/Treasurer to Sign All Checks (Flynn)

14. Review City Vehicle Maintenance (Royce)
Next Regular Meeting – March 25, 2025
Zoom Community Standards for Public Meetings
City Council - Regular Meeting Agenda
March 11, 2025
3 By participating in this meeting on Zoom, you are agreeing to abide by the City of Banning’s Community Standards for Public Meetings. Zoom attendees that fail to adhere to these standards may be removed from the meeting room.

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To indicate a desire to make Public Comment, you must use the Raise Hand function. The Mayor will not recognize those who have not used the Raise Hand function.

Public Comment from Zoom attendees will immediately follow in-person comment from members of the public in Council Chambers.

If you fail to adhere to these community guidelines, you may be removed for disrupting the meeting occurring in Council Chambers. You may rejoin the meeting but may be removed for each violation of these community standards.

The chat function will be disabled for all City Council meetings on Zoom.

Estándares comunitarios de Zoom para Reuniones Públicas Al participar en esta reunión en Zoom, usted acepta cumplir con los Estándares Comunitarios para Reuniones Públicas de la ciudad de Banning. Los que atienden por Zoom que no cumplan con estos estándares pueden ser retirados de la sala de reuniones.

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La función de chat estará deshabilitada para todas las Reuniones del Ayuntamiento en Zoom.

AFFIDAVIT • DECLARACIÓN JURADA
IT IS HEREBY CERTIFIED under the laws of the State of California that the above agenda was posted on the City's website (www.banningca.gov) as well as the Bulletin Board at Banning City Hall, located at 99 E Ramsey Street, Banning, CA 92220, at least 72 hours in advance of the meeting.
__________________________
Caroline Patton, Administrative City Clerk
Secretario adjunto de la ciudad
City Council - Regular Meeting Agenda
March 11, 2025
4 PUBLIC NOTICE • NOTICIA PÚBLICA
Meeting Agendas and Notices
Interested in receiving email and/or text notifications of upcoming City Council meetings? Sign up for meeting notifications through the City's website. Pursuant to amended Government Code §54957.5(b), staff reports and other public records related to open session agenda items are available on the City's website (www.banningca.gov/).

Public Comment
Agenda Items
Any member of the public may address this meeting of the City Council on any item appearing on the agenda. A five-minute limitation shall apply to each member of the public and no member of the public shall be permitted to share their time with any other person.

Non-Agenda Items
Any member of the public may address this meeting of the City Council on any item which does not appear on the regular meeting agenda but is of interest to the general public and is an item upon which the City Council may act. A three-minute limitation shall apply to each member of the public and no member shall be permitted to share their time with any other person. No action shall be taken, nor discussion held by the City Council, on any item which does not appear on the agenda, unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of §54954.2 of the Government Code.

Special Assistance/Accessibility Requests
In compliance with the Americans with Disabilities Act, any member of the public may request that the agenda and agenda packet be mailed to them. If you need special assistance to participate in this meeting (such as translation services), please contact the City Clerk's Office. Advanced notification of at least 48 hours prior to the meeting will allow the city to make arrangements to ensure your accessibility.
¿Necesita servicios de traducción para participar? Contacto Oficina del Secretario de la Ciudad.

CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | [email protected] 99 East Ramsey Street, Banning, California 92220
City Council - Regular Meeting Agenda
March 11, 2025
5 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: March 11, 2025
SUBJECT: Banning Women's Club Displays in Council Chambers Lobby RECOMMENDATION:

Allow Banning Women's Club to introduce their displays.

BACKGROUND:

Banning Women's Club has designed the displays in the Council Chambers Lobby.

JUSTIFICATION:

N/A
FISCAL IMPACT:

N/A
ALTERNATIVES:

N/A
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
6 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: March 11, 2025
SUBJECT: Historic Preservation Commission Appointments for Positions 1 through 5 RECOMMENDATION:

Appoint up to two (2) applicants to Positions 1 and 2, with terms expiring in January 2027; Appoint up to three (3) applicants to Positions 3 through 5, with terms expiring on January 2029.

BACKGROUND:

The Historic Preservation Commission's responsibilities are governed by Chapter 17.58 of the Municipal Code (attached here in full). The Commission will meet monthly to identify historic sites in Banning and recommend that Historic designation be applied to property.

The makeup of the Historic Preservation Commission is established under Banning Municipal Code Section 2.46 (attached here in full). It states that the initial terms for Position 1 and Position 2 shall be for two years, and all subsequent terms of Positions 1 and 2 shall be for four years. The initial terms and all subsequent terms for commission member Position 3, Position 4, and Position 5 shall be for four years.

Therefore, City Council will need to appoint 2 applicants to Positions 1 and 2, and appoint 3 applicants to Positions 3 through 5.

Initial recruitment began in June 2024. No applications were received. A renewed push for applicants began in December 2024. The application was promoted on the City's social media platforms and in the Record Gazette's February 21, 2025 edition. The deadline to submit applications was February 28, 2025.

JUSTIFICATION:

Six applications were received from qualified individuals and are up for consideration:

Campbell, Gabrielle
Fudala, Trina
Lamb, Bill
Lopez, Ezikio
Ortega, Vincent
Santana, Marco
The candidates will be interviewed in a Special Meeting - Workshop on March 11, 2025 beginning at 4:00 p.m. Staff recommend appointing five members to the City's Historic Preservation Commission from among these applicants.

FISCAL IMPACT:

N/A
7 ALTERNATIVES:

City Council could appoint no applicants and direct staff to reopen the recruitment for members of the Commission.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Banning, CA Code of Ordinances 17.58.pdf

2. Banning, CA Code of Ordinances 2.46.pdf

3. HPC Applications Combined.pdf
8 Chapter 17.58 - HISTORIC PRESERVATION

17.58.10 - Purpose and intent.

The purpose of this chapter is to promote the public health, safety, and general welfare by providing for the identification, protection, enhancement, perpetuation, and use of historic resources, such as buildings, structures, sites, and places that reflect special elements of the city's architectural, artistic, cultural, historical, and social heritage. This chapter intends to safeguard the city's historic resources; enhance the city's value as an attractive, historic community; and integrate the preservation of historic resources and information about such resources into the land management and development process. (Ord. No. 1593, § 3, 10-24-23)

17.58.20 - Area of application.

This chapter shall apply to all historic resources, publicly and privately owned within the corporate limits of the city.
(Ord. No. 1593, § 3, 10-24-23)

17.58.30 - Definitions.

As applicable to this chapter, the following words and phrases shall be defined as follows:

Historic resource is a property, structure, site, improvement or natural feature, including any associated landscaping, that has been designated by the historic preservation commission and included on the registry of historic resources.

Ordinary maintenance and repair is routine work that does not, by law, require a permit; involves regular, customary, or usual care of an existing building, structure, or object for the purpose of preserving said property in a safe and sanitary condition; and does not involve a change in design, material, or appearance.

Resource is a property, structure, site, improvement or natural feature, including any associated landscaping.

Substantial alteration is any alteration of any historic resource, or part thereof, which so changes the resource as to remove, alter, destroy, lessen, or detract from its historical value or character, but does not include ordinary maintenance and repair work.
(Ord. No. 1593, § 3, 10-24-23)
9 A.

1. 2.

3. 4.

17.58.40 - Historic designation criteria.

For the purposes of this chapter, a resource may be designated a historic resource if, following the process in Section 17.58.50, the city council, upon recommendation from the historic resources commission determines it satisfies any of the following requirements:

The resource is the first, last, only, or most significant historical property of its type in the city.

The resource is associated with an individual person or group having significant influence on the history or development of the city.

The resource is an example or contains an example of a period, style, architectural movement, or construction of historical, aesthetic, or architectural interest.

The resource is a part of, or contributes aesthetically to, the historical heritage of the city.

The city council and the historic resources commission may consider age of a resource when determining whether any of the factors in this section are satisfied. However, age alone is not determinative of a resource's historical significance.
(Ord. No. 1593, § 3, 10-24-23)

17.58.50 - Procedure for identification and designation of historic resource; notice of sale or transfer.

A resource shall be identified, and if owner consent is provided, designated as a historic property by the city council, upon the recommendation of the historic preservation commission in the following manner:

Identification and initiation of designation. The owner of the resource, or a resident of the city, may apply to the historic preservation commission to designate a resource as historic.

Applications by owners and residents shall be accompanied by such historical and architectural information as required by applicable forms made available by the community development director or designee to make an informed recommendation, and the application fee in an amount set by resolution of the city council. The historic preservation commission may also identify properties for consideration of designation on its own motion.

Owner consent required. An application, or identification by the commission, for designation shall include written consent of the resource owner. If owner consent is not obtained, the identified resource will not be considered for designation and inclusion in the register of historic resources.

Inventory of identified resources. The commission shall maintain a list of resources identified by the commission, including those for which a designation application has been submitted but owner consent to such designation has not been obtained. The list shall include any relevant public information for the identified resources and shall be made available to the public, except for any information exempt from disclosure under state law, including, without limitation, records of Native American graves, cemeteries, sacred places, features and objects 10 D.

I.
exempt from disclosure pursuant to California Government Code Section 7927.000 and the California Code of Regulations Title 14, Section 15120(d). Inclusion of a resource on the inventory does not trigger any requirements by or restrictions on the owner of the resource under this chapter.

Delay of work pending designation determination. No alteration, demolition, or removal of resources for which the owner's consent to designation has been obtained shall be allowed until the designation determination is made by the commission.

Public hearing. The commission shall schedule a public hearing on all proposed designations for which the owner of the resource has consented. If an application for designation originates from a resource owner or a city resident, the public hearing shall be held within ninety days of the commission's receipt of a complete application.

Notice of hearing. Notice of the date, place, time, and purpose of the public hearing shall be given by first class mail to applicants, owners, and occupants of the resource and to property owners within three hundred feet of the resource at least ten days prior to the date of the public hearing and shall be advertised once in a newspaper of general circulation at least ten days before the public hearing. Additional methods of notice may be provided in any other manner deemed desirable and practicable.

Commission recommendations. After the public hearing, the commission shall make a recommendation in writing to the city council on whether to approve, conditionally approve, or disapprove the application for designation and set forth the reasons for the decision based on the criteria in Section 17.58.40. The commission shall specify which part or parts of the resource it recommends be included in the city's register of historic resources.

City council review. The commission shall notify the city clerk of the commission's recommendation, who shall set the matter for public hearing at a city council meeting. Notice of the public hearing before the city council shall be provided in the same manner as Section

17.58.50.E. After the city council's public hearing on the matter, the city council shall by resolution affirm, modify, or reject the commission's recommendation regarding whether the resource should be designated a historic resource based on the criteria in Section 17.85.40. If the city council designates a resource as a historic resource, the commission shall enter the historic resource in the city's register of historic resources. The register shall contain a description of each resource, the reason(s) for its inclusion in the register, and an inventory detailing those parts or characteristics of the resource which are being classified as historic.

Copies of the register shall be available to the public.

Notice of designation. Notice of the designation shall be sent to applicants and owners of the designated resource. Within thirty days of receipt of the notice of designation, the owner shall have recorded in the office of the county recorder that said resource has been designated a historical resource and is subject to all restrictions applicable to such resource under this 11 J.

D.
code. Failure to send any notice to owners whose address is not a matter of public record shall not invalidate any proceedings in connection with a designation and failure of an owner to record the designation shall not affect the application of any provisions of this chapter.

Amendment or rescission. Designation of a historic resource may be rescinded or amended in the same manner and procedure as for designation. A designation may be rescinded if the applicant presents facts clearly demonstrating to the satisfaction of the city council, upon recommendation of the historic preservation commission, that the failure to remove the resource from the register of historic resources would cause immediate and substantial hardship (pursuant to the standards in Section 17.58.80) to the owner of the resource which was not reasonably foreseeable at the time the resource was placed on the register of historic resources.

Notice of transfer. Owner, or their legal representatives, assignees, or heirs shall give written notice to the historic preservation commission of the sale or transfer of ownership of any designated historic resource within ten days of the sale or transfer. (Ord. No. 1593, § 3, 10-24-23)

17.58.60 - Certificate of appropriateness for demolition, substantial alternation, or removal.

Certificate of appropriateness required. Except as provided in Sections 17.58.80 or 17.58.90, it is unlawful for any person to demolish, remove, substantially alter, or engage in any work on a historic resource without first notifying the community development department of the resource's status as a registered historic resource and without first having applied and been granted a certificate of appropriateness from the city council, upon recommendation of the historic preservation committee for such work pursuant to the provisions of this chapter.

Applications. An owner of a historic resource may request a certificate of appropriateness by filing a written application with the community development department on a form provided by the department and including all required information and payment of applicable fees. The community development director shall refer the application to the commission for review.

Public hearing. The historic preservation commission shall hold a public hearing on an application for a certificate of appropriateness within sixty days of receipt of referral from the community development department. Any interested person or persons shall be allowed to appear in person or by petition at the hearing on the matter. The time limits in this section shall be extended by the community development director when necessary to comply with the provisions of the California Environmental Quality Act (CEQA), with the written consent of the owner, or to allow city staff an additional period of time not exceeding thirty days in which to analyze information submitted to the city at or near the end of the sixty day period in which to act on the application. A public hearing shall be scheduled and notice provided per this article and CEQA where applicable. 12 E.

1. 2.

3. 4.

Notice of hearing. Notice of the date, place, time, and purpose of the public hearing shall be given by first class mail to applicants, owners, and occupants of the resource and to property owners within three hundred feet of the resource at least ten days prior to the date of the public hearing and shall be advertised once in a daily newspaper of general circulation at least ten days before the public hearing.

Notice may also be given in any other manner deemed desirable and practicable.

Commission recommendation. After close of the public hearing, the historic preservation commission shall make a recommendation in writing to the city council regarding the approval, modification, or rejection of the proposed demolition, removal, or substantial alteration of the historic resource pursuant to the standards in Subsection G of this section.

City council review. The historic preservation commission shall notify the city clerk of the commission's recommendations, who shall set the matter for public hearing at a city council meeting. Notice of the public hearing before the city council shall be provided in the same manner as Subsection D of this section. Upon review of the commission's recommendation, the city council may grant, deny, or modify the requested permit pursuant to the standard in Subsection G of this section.

Standards for review. Except as provided in Section 17.58.80, the historic preservation commission shall only recommend approval, and the city council shall only approve, a permit for the destruction, removal, or substantial alteration of a historic resource if the commission or the city council finds the proposed work will neither adversely affect the exterior architectural features of the resource nor adversely affect the character or historical, architectural, or aesthetic interest, character defining elements, or value of the resource. In evaluating applications for demolition, removal, or substantial alteration of a historic resource, the commission and the city council shall consider the following:

Consistency with the architectural style, design, arrangement, texture, materials, color, and character defining elements of the historic resource.

Consistency with the U.S. Department of the Interior National Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings, as may be amended from time to time.

The goals and policies of this chapter.

The goals and policies of the general plan, any applicable specific plan, and the regulations of the city.
(Ord. No. 1593, § 3, 10-24-23)

17.58.70 - Hardship showing.
13 A.

1. 2.

3. 4.

5. 6.

An owner of a historic resource may apply for a hardship permit for the demolition, removal, or substantial alteration of a historic resource that may adversely affect the exterior architectural features of the resource or adversely affect the character or historical, architectural, or aesthetic interest or value of the resource. Such application shall include facts and information clearly demonstrating a substantial hardship pursuant to Subsection C of this Section and that such substantial hardship was not reasonably foreseeable.

City Council may approve a hardship permit if, upon recommendation of the historic preservation committee, the city council finds:

The failure to receive the permit would cause immediate and substantial hardship to the owner of the resource.

That immediate and substantial hardship was not reasonably foreseeable at the time the resource was placed on the register of historic resources.

For the purposes of this chapter, an immediate and substantial hardship exists when the preservation of the integrity of the historic resource:

Is infeasible from a technical, mechanical, or structural standpoint, and/or Would leave the resource with no reasonable economic value because it would require an unreasonable expenditure considering current market value, permitted uses of the resource, the value of transferable development rights and the cost of compliance with applicable local, state, and federal codes.

The historic preservation commission and the city council may request the applicant provide material evidence supporting the claim of immediate and substantial hardship. (Ord. No. 1593, § 3, 10-24-23)

17.58.80 - Exemptions.

The following do not require review a certificate of appropriateness:

Ordinary maintenance and repair.

Demolition, removal, repair, alteration, or other work the community development director determines is immediately necessary to protect the public health and safety and general welfare. The director shall notify the historic preservation commission in writing within five days of issuing any emergency approval.

Alterations to the interior of any structure, including designated structures.

Landscaping, unless landscaping is specifically designated as part of a historical resource.

Painting of a building.
14 B.

Demolition, removal, or substantial alteration of a noncommercial property owned by a religiously affiliated association or corporation not organized for profit provided the criteria in Government Code Section 37361(c) are met, including objection by the religiously affiliated association or corporation and demonstration of a substantial hardship.

From time to time the Commission and City Council may add specific guidelines or manuals for reference by Staff and Resource owners.
(Ord. No. 1593, § 3, 10-24-23)

17.58.90 - Enforcement.

For any action or development covered by this chapter that is undertaken without the issuance of a permit or that is not in full compliance with the terms and conditions of a permit issued pursuant to this chapter, the building official shall order the action stopped by written notice.

It shall be a misdemeanor for any person to carry out any work in violation of such a stop work order or in violation of this chapter.

In addition to other penalties, if a registered historic resource is demolished without a permit required by this chapter, no building permit shall be issued for any use of the site for five years. (Ord. No. 1593, § 3, 10-24-23)
15 A.

1. 2.

3. 4.

1. 2.

Chapter 2.46 - HISTORIC PRESERVATION COMMISSION

2.46.10 - Declaration of existence.

The city recognizes and establishes the historic preservation commission, which shall serve in an advisory capacity to the city council and make recommendations and determinations relating to the designation, preservation, protection, enhancement, and perpetuation of the city's historical properties. (Ord. No. 1593, § 2, 10-24-23)

2.46.20 - Membership; term and vacancies.

Commission. The historic preservation commission shall consist of five members at large.

Appointment and removal. After receiving applications from those interested, along with their credentials, the mayor shall appoint the members of the historic preservation commission subject to the city council's approval and confirmation of each appointment to one of five numbered positions: Position 1, Position 2, Position 3, Position 4, and Position 5. Members shall serve at the pleasure of the city council and may be removed at any time by a majority vote of a quorum of the city council.

Member qualifications. Members of the historic preservation commission shall:

Have a demonstrated interest, competence, or knowledge in historic preservation and the local history, and pre-history, of the City of Banning. Members who meet the Secretary of Interior's Historic Preservation Professional Qualifications Standards are preferred.

Reside within the corporate limits of the city.

Serve without compensation.

Not be a member of any other standing commission, board, or committee of the city nor an employee thereof.

Term.

Members shall serve a term of four years, which shall be staggered every two years concurrent with city elections. In order to stagger the terms of the commission, the initial terms for commission member Position 1 and Position 2 shall be for two years, and all subsequent terms of Positions 1 and 2 shall be for four years. The initial terms and all subsequent terms for commission member Position 3, Position 4, and Position 5 shall be for four years.

Members shall remain a member until a successor is appointed. 16 A.

Absences. Any member who is unexcused for two consecutive regular meetings or six meetings within a 12- month period, whether the six meetings are excused or not, will be deemed to have resigned their position and the city council may appoint a new member in the same manner as the initial appointment under subsection B of this section to serve the remaining term of the resigned member. (Ord. No. 1593, § 2, 10-24-23)

2.46.30 - Organization.

Officers. The commission shall, at the first regularly scheduled meeting of each calendar year, annually elect a chairperson for the term of one year, and such other officers as the commission may deem advisable.

Meeting times and places. The city council shall designate the time and place for the inaugural meeting of the commission. Thereafter, the commission shall designate the time and place for its meetings. Meeting places and times shall be noticed in accordance with the Ralph M. Brown Act and the commission shall have regular meeting dates.

Commission rules. The commission shall adopt such rules and regulations for its own organization as are necessary to carry out its duties and function. The commission shall keep records of all its actions and proceedings.

Public meetings. As the commission is created and appointed by the city council, members of the commission and all proceedings of the commission be subject to the Ralph M. Brown Act.

Staff Support. City community development staff and the city attorney's office will provide support to the commission.
(Ord. No. 1593, § 2, 10-24-23)

2.46.40 - Duties.

The commission shall have the following duties:

Conduct or cause to be conducted a comprehensive survey to identify potential historic resources.

Promote public interest in and understanding of historical resources and the preservation thereof.

Consult with and advise public officials and agencies; civic, educational, professional and other organizations; and citizens generally, in relation to the preservation of historical resources.

Consider all inquiries and requests for the preservation or cataloging of historic resources located within the city limits.

Compile and maintain the inventory of identified resources. 17 F.

Compile and maintain a current register of historic resources.

Consider requests by property owners for nontechnical advice on proposed work on historic resources.

Make recommendations to city council on whether resources should be designated as historic resources.

Make recommendations to city council on whether to grant, condition, or deny certificates of appropriateness and hardship permits for the demolition, removal, or substantial alternation of any historic resource.

Develop and recommend to the city council standards, including design guidelines, to be used by the commission and the city council in reviewing applications for designation and permits for the demolition, removal, or substantial alternation of any historic resource.

Perform such other duties as are specified by ordinance of the city council. (Ord. No. 1593, § 2, 10-24-23)

2.46.50 - Terminology.

All terms defined in section 17.58.30 shall have the same meaning herein. (Ord. No. 1593, § 2, 10-24-23)
18 Gabrielle Campbell
(951) 634-2066
[email protected]
1166 Linda Vista Drive, Banning, CA 92220
X
Maintenance, Operations, &
Transportation Secretary Banning Unified School District X
X
I have a deep love for history and my community. Having lived in Banning my entire life, I have always been fascinated by the stories and individuals who have shaped our city.

I have been employed with the Banning Unified School District for the past four years, a workplace rich in local history.

Prior to that, I owned and operated a construction management company in Yucaipa for over 20 years, gaining valuable experience in project coordination and leadership.

In addition, I served as a board member of the Banning Stagecoach Days Association from 2014 to 2021, holding roles as both secretary and vice chair. During this time, I was responsible for organizing the annual Stagecoach Parade, ensuring the celebration of our local heritage continued successfully each year.

Currently, I am actively involved in community organizations that focus on local history and service, including:
•San Gorgonio Pass Rotary Association (Member)
•Banning Library District (Board Member)
These roles allow me to study and engage with the history of our area while contributing to the preservation of its stories and artifacts.
53 years
19 My passion for historical storytelling and preservation makes me eager to contribute to the HP Commission.

I understand the importance of research, conservation, and sharing historical narratives with the community.

Additionally, I understand the complexities of handling historical documents, artifacts, and artwork, ensuring they are preserved and appreciated for future generations.

I enjoy focusing on how the past has shaped the present and believe in celebrating the people, places, and ideas that have built our community. This interest drives my desire to educate and engage others in learning about our shared history. I would be honored to be part of a team dedicated to preserving and promoting Banning's rich heritage.

My understanding of research, historical preservation, and community engagement are key traits that make me a strong candidate for this commission. I have experience handling and preserving historical artifacts and documents ensuring their continued protection and accessibility.

Additionally, my background in organizing large-scale community events, such as the Stagecoach Parade, has given me experience in coordinating efforts to celebrate and promote local history. Through my work in various community organizations, I have developed strong leadership, communication, and project management skills, which I believe will be beneficial to the commission’s mission.

I am really excited for this opportunity!
2/28/25
20 21
22 23
24 Please see attached PDF for my typed responses.
24 Years
Assistant Professor of English Mt. San Jacinto College
581 N. 5th St. Banning, CA. 92220
[email protected]
951-692-2585
Ezikio López
25 Please see attached PDF for my typed responses.

Please see attached PDF for my typed responses.
26 López 1
Ezikio López
2/28/25

APPLICATION TO SERVE ON HISTORIC PRESERVATION

COMMISSION WRITTEN RESPONSES

1. Per the Municipal Code, members of the commission shall “have a demonstrated interest, competence, or knowledge in historic preservation and the local history, and pre-history, of the City of Banning.” Please tell us about your background, including education, work, and volunteer experience, civic involvement, and other experience relevant to these requirements.

I am a Mexican-American Assistant Professor of English with deep roots in our community. My educational journey began here in Banning, where I attended middle school at Susan B. Coombs Elementary SChool before circumstances led to my attending high school in Beaumont. This transition occurred when Coombs was changed to an Intermediate School, and as the child of a hardworking single mother and grandparents who worked full-time, the practical support of family friends made attending the neighboring school necessary, though I've always wished I could have remained in Banning’s educational system. My academic path continued at Moreno Valley Community College before transferring to the University of California, Berkeley, where I earned my Bachelor’s Degree in English. I then pursued graduate education, completing my Master of Arts degree in Rhetoric and Writing Studies, and am currently working toward my doctoral degree in Rhetoric and Cultural Composition from Syracuse University. My commitment to community service is demonstrated through extensive volunteer work with respected organizations. I've served as both a Peer Ambassador and Ambassador for the renowned Puente Project supporting high school and community college students during their summer programs. Additionally, I've been a facilitator for the well known Chicano Latino Youth Leadership Project that hosts high school students for week-long experiences designed to 27 López 2
encourage pursuit of higher education. During my own high school years, I volunteered with Beaumont’s Rotaract club, further developing my commitment to community service. In my professional capacity, I extend my dedication to community engagement by serving as an advisor for two campus clubs, where I guide students in giving back to their communities. One of my signature teaching assignments involves students identifying community issues, researching potential solutions, and presenting actionable plans that encourage civic involvement and awareness. This approach not only educates students about research methodologies but also instills values of community responsibility and advocacy. This combination of academic training in research and documentation, personal investment in our city's wellbeing, and demonstrated commitment to community service through volunteer work provides me with a robust foundation for serving on the Historic Preservation Commission. My experience researching, documenting, and teaching others to engage with community issues directly aligns with the Commission's focus on preserving and promoting our city's rich historical legacy.

1. What unique skills and traits would you bring to the commission?
As an Assistant Professor of English at Mt. San Jacinto College, I would bring valuable research, analytical, and communication skills to the Banning Historic Preservation Committee.

My academic training has equipped me with exceptional abilities to document, analyze, and preserve historical narratives—skills directly applicable to the committee's work in safeguarding our city's cultural heritage. Growing up in Banning has given me a deep personal connection to its history and development. This connection evolved into professional interest through my graduate studies, where I specialized in archival research methodologies. My dissertation work in my Composition and Cultural Rhetoric program, focuses on the multicultural and multi layered experiences of graduate teaching instructors through an autoethnographic approach. My work demonstrates my commitment to preserving diverse historical perspectives—a crucial consideration in comprehensive historic preservation. My professional work involves teaching college students research methodologies and documentary practices. I regularly guide students in documenting community histories and creating narratives that connect present communities with 28 López 3
their historical roots. This experience directly aligns with the committee's need for members with "demonstrated interest, competence, and knowledge in historic preservation and local history." Beyond academic qualifications, I bring exceptional organizational skills and meticulous attention to detail—traits essential for preservation work. I've demonstrated these qualities through my ongoing archival research projects and dissertation development, which require rigorous documentation standards similar to those needed in historic preservation.

I've actively documented my own family's history in our city since their arrival in 1995, preserving personal narratives that contribute to the broader preservation of our community's development. This practice reflects my understanding that preservation extends beyond buildings to include the lived experiences that shape a community's identity. I also meet the Secretary of Interior's Historic Preservation Professional Qualifications Standards that is highlighted through my academic training in research methodologies, documentary practices, and cultural analysis, which would be valuable to the committee's mission. My commitment to thoroughness, respect for historical integrity, and passion for our Banning’s history and heritage would make me a strong asset to the Historic Preservation Committee.

2. Why are you interested in serving on the Historic Preservation Commission? What do you hope to achieve during your term of service?
I am deeply passionate about Banning, its growth, its histories, and the unique qualities that define it. Having grown up here, I've frequently encountered criticism from residents of neighboring communities who seemed quick to diminish our city's value. As a lifelong resident, I've consistently challenged these perceptions, advocating for people to see our community through the lens of someone who recognizes its true character and worth. My interest in serving on the Historic Preservation Commission stems from my belief that much of this criticism arises from a lack of understanding about our city's rich historical significance and cultural beauty. I hope to address this gap by documenting and creating accessible projects that both our residents and neighboring communities can engage with and learn from. During my term, I aim to develop initiatives that involve our city's youth in archival work, teaching them the importance of preserving our collective history. One specific project I envision is creating multimedia content 29 López 4
for the city's social media platforms—a contemporary approach that would engage diverse age groups and make our history more accessible to the public. I also hope to establish intergenerational programs that bring community elders together with young people. As one of the primary caregivers for my grandparents, I understand the value of creating spaces where seniors can gather and share their experiences. These programs would foster meaningful connections: elders would share their personal histories in our city, while youth would learn from their wisdom and be inspired to advocate for resources that support long-term community initiatives. My academic background equips me with the skills to write grant proposals to secure funding for these programs, ensuring their sustainability and impact. The dedication I've witnessed in my grandparents—particularly through their active community-building within their Iglesia Emmanuel A.D. in Banning, one of Banning’s longest standing multilingual churches—inspires my commitment to give back to this beautiful city that will always be my home. Ultimately, my goal is to inspire pride in our city's identity and to encourage others to contribute to its ongoing story. By preserving and celebrating our history, we can shape a more informed and appreciative understanding of our community, both among residents and our neighboring cities.
30 31
32 Historic Preservation Commission Application Page 1 of 2 Name
Phone
Email Address
Address
Are you currently employed? Yes No
Position Company
Length of Residency in Banning
Are you a registered voter? Yes No
Do you meet the Secretary of Interior's Historic Preservation Professional Qualifications Standards? Yes No

APPLICATION TO SERVE ON HISTORIC PRESERVATION COMMISSION This application is to fill five new positions on the Historic Preservation Commission. The term of office will be based on the position. Members appointed to ositions 1 and 2 shall serve through January 31, 2027. The remaining three ositions will serve through January 31, 2029. In accordance with Banning’s City Council Resolution 2012-67, if selected you will be required to submit to a criminal background investigation, including LiveScan fingerprinting prior to your formal appointment. Applications are due to the City Clerk’s Office no later than Friday, at 5:00 p.m.

Born and raised in Banning, I developed a deep appreciation for the city’s history and architecture. I hold a Bachelor's in Mechanical Engineering and a Master’s in Education from UC Riverside. With seven years in nonprofit management, I’ve connected at-risk residents to housing, social services, and workforce opportunities. At Faith in Action, I secured over $350,000 in grants for community programs. I co-founded Banning’s Future Fellowship, a youth-led initiative promoting leadership and civic awareness. My work includes advocating for public policy work, historic revitalization, adaptive reuse, and balanced growth to ensure preservation fosters community pride and sustainability. 31 years
Program Director Nonprofit
957 E George St, Banning, CA 92220
[email protected]
951-333-9921
Marco Santana
33 Historic Preservation Commission Application Page 2 of 2

2. What unique skills and traits would you bring to the commission?

3. Why are you interested in serving on the Historic Preservation Commission? What do you hope to achieve during your term of service?
City Clerk’s Office
99 E. Ramsey Street
PO Box 998
Banning, CA 92220
Please return to: City of Banning Return by:
5:00 p.m.

Or email to: [email protected] Remember to sign your application.

Signature Date
I bring a strong combination of leadership, strategic planning, and community engagement skills that align well with the mission of the Historic Preservation Commission. My ability to analyze policies, secure funding for community initiatives, and build partnerships with local stakeholders will contribute to preserving and enhancing Banning’s historical resources. Additionally, my background in engineering and project management allows me to approach preservation efforts with a technical and problem-solving mindset, ensuring that recommendations are both feasible and aligned with best practices in historic preservation. My deep ties to the community and understanding of Banning’s cultural heritage provide valuable insight into preservation priorities that align with the city’s long-term development goals.

Banning’s historical and cultural landmarks are vital to the city’s identity, and I am committed to ensuring they are documented, preserved, and integrated into community development. My goal is to strengthen partnerships between the commission, local historical societies, and community organizations to enhance preservation efforts while advocating for the integration of historic preservation into city planning and economic development strategies. I aim to identify and designate new historic resources, ensuring they receive proper recognition and protection.

Additionally, I want to increase public engagement by leveraging technology to provide online access to historical information and virtual listening tours, making Banning’s rich heritage more accessible and engaging.
34 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: March 11, 2025
SUBJECT: Banning Youth Council Appointment
RECOMMENDATION:

Appoint Sara McDermott to the Banning Youth Council.

BACKGROUND:

The Banning Youth Council's responsibilities are governed by Chapter 2.42 of the Municipal Code (attached here in full).

The Banning Youth Council is as an advisory board to the City Council established under Chapter 2.42 of the Banning Municipal Code (BMC). The purpose of the Youth Council is to provide City youth with a vehicle to learn about government, participate in the process of city government, represent and articulate the needs of City youth, as well as advise the City Council on matters affecting the youth and teen population, especially City programs relating to youth and teens.

The Youth Council is composed of five to nine members who are appointed for two-year terms that can be extended once. The City Council appointed four members to the Youth Council at their February 27, 2024 meeting, and an additional three members at their March 26, 2024 meeting.

There are currently two vacancies on the Youth Council. There was no specific recruitment process for these vacancies since under the Code, the Youth Council consists of "five to nine members." JUSTIFICATION:

One application was received for the Banning Youth Council and is up for consideration:

Sara McDermott
The candidate will be interviewed in a Special Meeting - Workshop on March 11, 2025 beginning at 4:00 p.m. Staff recommend appointing Ms. McDermott to the Banning Youth Council.

FISCAL IMPACT:

N/A
ALTERNATIVES:

City Council could choose to (1) appoint the applicant to the vacant positions; (2) appoint no one and direct staff to reopen the recruitment.

BUDGETED?:

No
35 CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Banning, CA Code of Ordinances 2.42.pdf

2. 2024 11 27_BYC App_McDermott, Sara.pdf
36 A.

Chapter 2.42 - YOUTH COUNCIL

2.42.010 - Established—Purpose.

There is hereby established a youth council of the city. The youth council shall serve as an advisory board to the city council. The purpose of the youth council is to provide city youth with a vehicle to learn about government, participate in the process of city government, represent and articulate the needs of city youth, and advise the city council on matters affecting the youth and teen population, especially city programs relating to youth and teens.
(Ord. No. 1590, § 2, 7-11-23)

2.42.020 - Duties and responsibilities.

The youth council shall have the following duties and responsibilities:

The youth council shall foster increased youth involvement in the affairs of city government.

The youth council shall study problems and hold forums on issues, activities, and concerns of city youth.

The youth council shall comment on existing or proposed legislation, ordinances, resolutions, and policies that impact city youth.

The youth council shall present methods to resolve youth-related conflicts between youths and between youths and adults.

The youth council shall recommend the implementation of community programs to improve the lives of youth.

The youth council shall monitor programs and policies that affect youth to ensure they are achieving the intended results.

The youth council shall work with other youth organizations in the city to collaborate on shared issues and interests.

The youth council shall submit to the city council an annual report of its activities prior to the end of the school year for the Banning unified school district.

The youth council shall utilize social networking sites and/or technology to engage and inform city youth of important city activities.

The youth council shall participate in an annual workshop that will introduce the members of the youth council to the city council meeting agenda process, a mock city council meeting, and the role of city officials.
37 1.

2. 3.

1. 2.

3. B.

1. 2.

At the first regular meeting following appointment of members, the youth council shall select a chairperson and vice-chairperson from among its members. The chairperson and vice-chairperson shall serve for one term.

The chairperson shall preside at the regular and special meetings of the youth council.

The chairperson shall serve as the youth council's liaison to the city council.

The vice-chairperson shall assume the duties of the chairperson in their absence.

The chairperson of the youth council shall attend the regular meetings of the city council and serve as a non-voting liaison to the city council.
(Ord. No. 1590, § 2, 7-11-23)

2.42.030 - Qualifications; composition and compensation; appointment; term; vacancies.

Qualifications. Members of the youth council:

Shall be residents of the city;
Shall be high school students in the 9 , 10 , 11 , or 12 grades; and Shall demonstrate, in their application, a sincere interest and motivation to work for the community.

Composition and compensation. The youth council shall consist of a minimum of five members and maximum of nine members who shall not receive compensation.

Appointment. The city council shall appoint members of the youth council. Applications shall be made available and the closing date announced by July 1 of each year.

Term. Youth council members shall serve two-year terms. Members may be appointed for a subsequent one-year term, provided that no member shall serve more than three years. Youth council members shall serve at the pleasure of the city council and may be removed at any time by a majority vote of the entire council.

Vacancies.

Any member who is unexcused for two consecutive regular meetings of the youth council or six meetings within a twelve-month period, whether the six meetings are excused or not, will be deemed to have resigned their office and the city council shall appoint a new member to serve in the resigned youth council member's place for the remainder of their term.

To be excused from any such meeting, a member shall notify the staff liaison, at least fortyeight hours prior to any such meeting. If a member is unable to attend due to illness, injury, or family matters, a statement by the member at the next regular meeting of the youth council shall constitute an excused absence.
(Ord. No. 1590, § 2, 7-11-23; Ord. No. 1601, § 2, 3-26-24) th th th th
38 A.

1. 2.

3. C.

2.42.040 - Meeting times and place; conduct of meetings; rules of procedure; staff liaison.

Meeting times and place. The youth council shall meet on the first Tuesday of each month, except the months of July and December, at a regular time established by resolution of the youth council, at the City Council Chambers located at 99 E. Ramsey Street.

Conduct of meetings.

The youth council shall be subject to the Brown Act.

A quorum of the youth council shall consist of a majority of the members (not including vacancies), whether the youth council is a five-, six-, seven-, eight-, or nine-member body at the time of a meeting. A quorum must be present in order for the youth council to hold a meeting.

A vote of the majority of members present constituting a quorum shall be required to constitute action taken by the youth council.

Rules of procedure. That certain "Manual of Procedural Guidelines for the Conduct of City Council and Constituent Body/Commission Meetings for the City of Banning" adopted on October 23, 2012, as may be amended from time to time (the "manual"), shall govern the conduct and procedures applicable to meetings of the youth council.

Staff liaison. The city manager shall designate the staff liaison to the youth council. The staff liaison to the youth council shall support the youth council in carrying out its purpose, duties, and responsibilities and provide facilities for meetings and other activities, as necessary. (Ord. No. 1590, § 2, 7-11-23; Ord. No. 1601, §§ 3, 4, 3-26-24) 39 Banning Youth Council Application Page 1 of 2

APPLICATION TO SERVE ON THE BANNING YOUTH COUNCIL
This application is to serve in one of nine positions on the new Banning Youth Council. The term of office for all positions are two years and are extendable by up to one year. The Banning Youth Council meets monthly on the First Tuesday of each month beginning at 5:00 p.m.

Name
Phone
Email Address
Address
What High School do you currently attend?
What grade are you in?
How long have you lived in Banning?
Are you able to commit to attend Council meetings on its regular meeting date? Yes No
Information requested below will be used by the City Council as a screening process to determine which applicants will be chosen to serve. Please do not submit supplemental materials.

1. Tell us about your background including education, extracurricular activities, volunteer experience, civic involvement, and other experience relative to this appointment?
40 Banning Youth Council Application Page 2 of 2

2. What unique skills and traits would you bring to the Banning Youth Council?

3. Why are you interested in serving on the Banning Youth Council?

4. If appointed to the Youth Council, what is a subject matter you would be interested in discussing about the City of Banning?
In accordance with Banning’s City Council Resolution 2012-67, if selected you will be required to submit to a criminal background investigation, including LiveScan fingerprinting prior to your formal appointment.

City Clerk’s Office
99 E. Ramsey Street
PO Box 998
Banning, CA 92220
Please return to: City of Banning
Or email to: [email protected] Remember to sign your application.

Signature Date
41 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: March 11, 2025
SUBJECT: Approval of the Meeting Minutes for the February 14 and 25, 2025 City Council Meetings
RECOMMENDATION:

Approve the minutes of the February 14 and 25, 2025 City Council Meetings.

BACKGROUND:

After every meeting, the City Clerk's Office prepares meeting minutes. The City Council reviews and approves these minutes either as presented or with modifications.

JUSTIFICATION:

On February 27, 2025, each of the meeting minute documents were provided to each member of City Council for their review and comments (email attached here). No edits or requested changes were received by the City Clerk's Office at the time of publishing.

FISCAL IMPACT:

None
ALTERNATIVES:

1. Approve as recommended.

2. Approve with modifications.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. 2025 02 27_Email to City Council.pdf

2. 2025 02 14_Minutes_Special Meeting.pdf

3. 2025 02 25_Minutes_Special Meeting - Closed Session.pdf

4. 2025 02 25_Minutes_Special Meeting - Workshop.pdf

5. 2025 02 25_Minutes_Regular Meeting.pdf
42 1
Caroline Patton
From: Caroline Patton
Sent: Thursday, February 27, 2025 2:02 PM
To: cityclerks
Cc: Robert Fisher; Laurie Sampson
Subject: 2/14 and 2/25 Meeting Minutes for Review & Comment Attachments: 2025 02 25_Minutes_Special Meeting - Closed Session.pdf; 2025 02 25_Minutes_Special Meeting - Workshop.pdf; 2025 02 25_Minutes_Regular Meeting.pdf; 2025 02 14 _Minutes_Regular Meeting.pdf
Good aŌernoon City Council Members,
I have completed the first sets of summary meeƟng minutes and they are ready for your review. I am sending these in advance of our agenda publishing date so that I may incorporate your comments/feedback before I bring them before you for approval. I am looking for feedback on whether these include too much detail, not enough, etc. What are you expecƟng as far as summary minutes? What did I not include that you’d like to see? What can I do differently? As always, I am available for any quesƟons. We publish the agenda (with the draŌ minutes) on Thursday, so it would be best to have any comments by no later than Wednesday, March 5th.

Caroline PaƩon, MPA, CMC
AdministraƟve City Clerk
City of Banning
Office. 951-922-3102
Fax. 951-922-3128
99 E. Ramsey Street
Banning, CA 92220
www.banningca.gov
The information contained in this email message is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged and/or confidential. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, if you have received this communication in error, please notify us immediately by telephone. Thank you. 43 The following information comprises the minutes for a regular meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.

MINUTES 2/14/2025

CITY COUNCIL SPECIAL MEETING
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Laurie Sampson, Assistant City Manager
` John Pinkney, Interim City Attorney
Vickie Sellers, City Clerk
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Lincoln Bogard, Administrative Services Director

1. CALL TO ORDER
Mayor Flynn called the regular meeting to order at 9:02 a.m.

1.1. Roll Call
COUNCIL MEMBER PRESENT: ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 

2. PUBLIC COMMENT
• John Hagen suggested they hire someone not within the inner circle, such as Robert Fisher.
• Frank Connolly thanked the City Council for “cleaning the swamp” and working with the City of Beaumont on animal services. He said they should be cautious moving to summary minutes due to the legal risks involved. He advocated Lincoln Bogard to serve as Acting City Manager, stating he is doing a good job cleaning up the city. • Bill Hobbs wished everyone a Happy Valentines Day. He got emotional, stating he liked “where we are going.” He advocated for new business but not warehouses. He said it was absolutely wrong the citizens had to litigate Banning Point. • Laura Leindecker said she supported the City Manager Doug Schulze, but that she would support whatever choice they made.
44 Regular Meeting Minutes 2/14/2025 Page 2 of 6

3. CLOSED SESSION

3.1 PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957
Title: Acting City Manager

4. REPORT ON CLOSED SESSION
John Pinkney, Interim City Attorney, reported that for agenda item 3.1 the Council interviewed Art Vela, Robert Fisher, Lincoln Bogard, and David Newell.

Motion to appoint Robert Fisher as Acting City Manager.

Motion by Mayor Flynn
Seconded by Council Member Barrington

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 3-2.

5. APPOINTMENTS
John Pinkney recused himself due to his association with the City of Beaumont.

5.1. Appoint Two by Two Committee Members to Meet with Beaumont regarding Animal Control and Animal Shelter Options
Council Member Miller commented that if he would not be placed on these important meeting bodies with the City of Beaumont he would like to be removed as the representative.

There was discussion about switching representatives. Mayor Flynn stated they would not be changing the representatives. She felt she was most knowledgeable about this issue and Council Member Barrington was very knowledgeable about animals.

Public Comments
No public comment was accepted on this item.

Motion to appoint Mayor Flynn and Council Member Barrington to the Ad Hoc Animal Control and Animal Services Committee.

Motion by Mayor Flynn
Seconded by Mayor Pro Tem Royce

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
45 Regular Meeting Minutes 2/14/2025 Page 3 of 6
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6. REPORT OF OFFICERS

6.1 Consideration of Resolution 2024-22, Establishing a Policy to Draft Summary Meeting Minutes, and Repealing City Council Resolution 1995-21; and Resolution 2025-23, Amending the City of Banning Manual of Procedural Guidelines to Update the Form of Meeting Minutes to Summary Minutes
Lincoln Bogard, Administrative Services Director, presented the staff report.

Public Comments
• Frank Connolly stated his concern was the cost. He said he wants to be sure the City is adhering to the Brown Act and the cost of having these meetings completed.
• Kathleen Dale commented she didn’t know the difference between the two types of minutes, but the current minutes are indecipherable. She said she wanted the minutes to be complete.

Mayor Pro Tem Royce asked about the cost of providing these minutes, with the advantages of Artificial Intelligence (AI). Mr. Bogard explained that the minutes cannot be completed via AI. He stated the cost would depend on how detailed the summary minutes were.

Council Member Barrington agreed with the comments made. She said the current minutes do not include what actions were taken or what was voted on.

Mayor Flynn said this was brought to the former Council, who decided to keep action minutes. She said going back through the 1995 resolution, she believes they meant to approve summary minutes. She said she can’t find anything on the website because it is a mess. She claimed the minutes had changed over time, but that they currently only list actions and you cannot get a feel for the meeting by reading the minutes.

Motion to adopt Resolution 2025-22.

Motion by Council Member Miller
Seconded by Mayor Pro Tem Royce

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
46 Regular Meeting Minutes 2/14/2025 Page 4 of 6
Motion approved by a vote of 4-1.

Motion to adopt Resolution 2025-23.

Motion by Mayor Pro Tem Royce
Seconded by Council Member Miller

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 4-1.

7. DISCUSSION ITEM(S)

7.1 Discussion of Signature Authority for Warrants Drawn on the City for Payments Lincoln Bogard, Administrative Services Director, presented the staff report. John Pinkney, Interim City Attorney, added that the process was in Council’s discretion.

Council Member Wallace asked about the rotation of mayors and having to change signers annually. Mr. Bogard responded that now that staff know the process that should not be a problem.

There was discussion about who should be the signers of city checks.

Public Comment
• Sue Savage commented that the city needed more financial transparency and now was the time for change. She described the warrant process as she saw it.

She stated that to uphold the trust of the citizens, the signature of the City Treasurer should be on every city bank account.

Mayor Flynn asked clarifying questions of Ms. Savage. Savage stated the process needed to be updated to be “more legal” and responsive to citizens.

Council Member Miller asked Mr. Bogard to describe the current warrant process. He explained that the City Council approves every expenditure through the budgeting process throughout the year.

Mayor Flynn said she did not want to sign anything unless she knew what the was signing. Bogard repeated that the resolutions authorizing the expenditures are each approved by City Council. Mayor Flynn disagreed, stating there are many warrants that go out which are not approved by City Council.

Bogard explained that the City’s policies and procedures are established to keep city operations moving and lengthening the process puts the city in legal jeopardy. There was further discussion about the proposed process changes. 47 Regular Meeting Minutes 2/14/2025 Page 5 of 6
Savage suggested the City Treasurer must cut the check. She said a warrant was not a check, and that the warrant and the demand were the same thing. Bogard clarified with Pinkney that state law and existing case law support the conclusion that a warrant is indeed a check. Pinkney confirmed the law does not state the treasurer has to sign the checks, but that the City Council could add the treasurer as a signer.

Savage disagreed. Pinkney read the section of law in question.

Mayor Flynn confirmed the treasurer wanted the City Treasurer to sign in place of the City Clerk. Savage stated the City Treasurer and Mayor should sign the checks.

Council Member Miller suggested the same two people who start the warrant process should complete it by signing the checks. Mayor Flynn said the City Clerk was a ceremonial position with no authority, and the City Treasurer needed to be involved in the process. There was further discussion.

Mr. Pinkney clarified that the Mayor was proposing that the Mayor and City Clerk will review the warrants, but the Mayor and City Treasurer will sign the checks. She confirmed that was what she wanted.

Council Member Barrington asked a clarifying question. She pointed out the importance of a time limit on approvals, so payments are made in a timely manner.

Pinkney reiterated the process under state law. Mayor Flynn stated she would like to be the top signer and the City Treasurer, the bottom.

Mayor Flynn asked Council Member Miller if he agreed with the proposal. He said he had already stated his views, but he would respect what the Council chose to do.

Mayor Flynn asked if everyone agreed on the proposal, and there was consensus.

8. ADJOURNMENT
Motion to adjourn.

Motion by Mayor Flynn
Seconded by Mayor Pro Tem Royce

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

The meeting was adjourned at 12:12 p.m.

Minutes Prepared by:

48 Regular Meeting Minutes 2/14/2025 Page 6 of 6
Caroline Patton, Administrative City Clerk
This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 49 The following information comprises the minutes for a special meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.

MINUTES 2/25/2025

CITY COUNCIL SPECIAL MEETING
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Robert Fisher, Acting City Manager
John Pinkney, Interim City Attorney
Brent Clemmer*
Michael Busch*
Robert Cutbirth*
J. Oldendorph*
*Attended via cideo conference.

1. CALL TO ORDER
Mayor Flynn called the special meeting to order at 3:00 p.m.

1.1 Roll Call
COUNCIL MEMBER PRESENT: ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 

2. PUBLIC COMMENT – Agenda Items
None

3. CLOSED SESSION
John Pinkney, Interim City Attorney, read the closed session citations.

The City Council left for closed session at 3:04 p.m.

3.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION 50 Special Meeting Minutes 2/25/2025 Page 2 of 2
Pursuant to Government Code Section 54956.9(d)(4)
One potential case

3.2 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION/

SIGNIFICANT EXPOSURE TO LITIGATION
Pursuant to Government Code Section 54956.9(d)(2) and/or (3)

3.3 PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Pursuant to Government Code Section 54957

3.4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: Interim City Attorney
The City Council returned from closed session at 4:47 p.m.

4. ADJOURNMENT
The Special City Council meeting adjourned at 4:53 p.m.

Minutes Prepared by:

Caroline Patton, Administrative City Clerk
This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 51 The following information comprises the minutes for a special meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.

MINUTES 2/25/2025

CITY COUNCIL SPECIAL MEETING
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Robert Fisher, Acting City Manager
Laurie Sampson, Assistant City Manager
John Pinkney, Interim City Attorney
Vickie Sellers, City Clerk
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Lincoln Bogard, Administrative Services Director
Jeffrey Platt, Director of Homeless Services

1. CALL TO ORDER
Mayor Flynn called the special meeting to order at 4:54 p.m.

1.1 Roll Call
COUNCIL MEMBER PRESENT: ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 

2. PUBLIC COMMENT – Agenda Items
• John Hagen commented on the staff report and said inmates should be transported back to the place they were picked up. He said the city is “rolling out the red carpet” making people not want to leave under the current program. He said this was damaging the community.
• Sue Savage asked what the City would be getting for an $8 million grant, stating she was not sure what the grant money would buy the City. She suggested they enact a zero-tolerance policy for the City.
52 Special Meeting Minutes 2/25/2025 Page 2 of 5
• Michele Walter said the commenters had the wrong idea about the grant. He pointed out the recipients are vetted, and staff help to connect them with community services.

She said she was okay if there were people on site.
• Scott Drake said he worked with Opportunity Village and was commenting in support of the program. He told a story about helping people and making a difference. • Wilma Sessionglover said she did not think this was the City’s problem and did not want the City to try to fix it. She said allowing the inmates to stay in the community would lower property values.
• Daniel commented that he was once homeless, and the City’s Opportunity Village helped him get back on his feet. He said he felt they should help people as best they can and not everyone is a drug addict.
• Doreen Reynolds says she is worried about the youth in the community, including her 16-year-old granddaughter. She said the money wasn’t worth the safety of the youth. • Lincoln Bogard commented that since the grant was previously accepted by Council, the City would be blacklisted for state funding grants. • Amy Pippenger was concerned that Proposition 47 had awarded 65% of grant money on mental health services and substance use disorder treatment/diversion. She reviewed a list of cities that had received funding, stating they were all big cities—unlike Banning who cannot support such a program. She asked how $7 million would help inmates in Banning. She said the residents of Banning should not help everyone. • Kathleen Dale said the grant was internally inconsistent and suggested the Council get clarification from staff. She said the grant would support housing and it needs to be at a facility with 24/7 supervision. She said she did not think the program was tied to Opportunity Village or the program there.
• Marco Santana said the organizations are not solely based in Banning and therefore inmates may end up outside of Banning. He pointed out that providers are typically outside the government and do not stay within borders, but provide wraparound services. He summarized that people in the program will not necessarily stay in Banning, but if they choose to, we could provide them with the support they need. He said the $6.9 million could
• Jerry said homelessness sees no boundaries and the city should be collaborating with other cities. He pointed out providers can send inmates to any community with openings. • Carol Allbaugh referred to the City’s mission, stating it was our responsibility and duty to serve our constituents, even those that need a second chance. She said the City needed less drama and more collaboration. She said her organization, Faith In Action, wants to be a part of the solution.
• Sandra Glickman said she was a certified healthcare working with Faith in Action and shared about their life skills/job skills program. She said the City should use the grant they were awarded.
• Juanita Diaz said they all supported Opportunity Village, and the program has not worked. She said no one follows the rules, including the Sheriff’s Department. She said money is not always spent where it should be. She said that although people doubt her, she knows this would not work. She said that Opportunity Village needed to be investigated, and the streets talk.
• Chris Castorena said the city cannot continue to kick the can down the road. He agrees it needs to be a regional initiative, but the City should use the money it was awarded.

He spoke about the lack of opportunities in Banning and suggested that the way we treat others is a reflection of their humanity. He said if the people are able to stay here, they will economically invest here. He said he hopes the City keeps the grant funding. 53 Special Meeting Minutes 2/25/2025 Page 3 of 5
• Mark Davis of the Salvation Army said this was about helping people. He thought the grant was a great opportunity to help people without costing the city any funds. He said the Salvation Army have been coming to Banning and feeding folks regularly, and that they will be in this community with or without funding. • Jeanine commented that she is against the grant and stated Banning has been the worst. She compared the city to the City of Palm Springs and said Banning needs to improve itself.
• Lou Gregory said he has a son here that lives on the streets. He said if you keep turning away thinking someone else is going to do the hard work, it won’t happen. He said it was a lot of money, and we should be able to mold it into some policy. • Mario Carlos said he worked for the City at Opportunity Village. He reminded the audience that unhoused people are people too, and that a lot of the unhoused people they’re discussing are from Banning.
• Kelly said she is a former resident of Banning who visits quite often. She said the community is eager to help, but she does not feel safe in Banning anymore. She said the money cannot be sent back, so the focus should be on how we fix this and move forward.
• Edward Espinosa said the program was only for released inmates. He said he knows from experience that those going in and out of jail always return to what they’re used to doing. He says there are already things in place to support these community members.

3. WORKSHOP

3.1 Review of Agreement with the California Board of State and Community Corrections (BSCC) for the Proposition 47 Safe Neighborhoods and Schools Grant Program Jeff Platt, Director of Homeless Services, presented the staff report. He said the grant was important to the community as a whole and described the process for vetting members of the program.

Mark Davis of the Salvation Army presented to Council. He reviewed all the programs they help to provide, emphasizing this program is about finding long-term solutions.

Mayor Flynn asked about the salaries. Davis answered, explaining they go to the individuals in the Homeless to Work program. She questioned which staff were presenting and who wrote the staff report.

Council Member Miller asked about the costs of the lease over the next three years.

Bogard responded that the grant has a 5% retention, which would be released upon the successful completion of the grant.

Council Member Wallace asked about the city manager, and Bogard explained these agreements fall under the purview of the city manager.

Acting City Manager Fisher said he would respond to questions posed during public comments. He said Ms. Pippenger and Ms. Dale had good comments, noting that the grant would not fund any additional police services. He stated if the state determined the house was ineligible Banning would have to cover the full $100,000. 54 Special Meeting Minutes 2/25/2025 Page 4 of 5
Council Member Wallace clarified that the house was eligible, and staff confirmed. Platt said if the city does not perform on the grant, the city would be liable, but that they have never not performed. He reviewed the history of the house in question and said no one wants the house in their neighborhood and he understands. He stated there would be a house monitor as a requirement, but that if they wanted the houses under the grant in another city, he would go to another city.

Mayor Flynn said the grant requires a minimum of a four-bedroom house with 8 people per house, and the house in question was three bedrooms and 1,200 sq. ft. She explained it would not qualify for the grant. There was further discussion about the requirements of the house under the grant.

She asked how the community-based organizations were chosen. Platt said that he chose providers with demonstrated success with these programs.

Mayor Flynn asked if Faith in Action was considered and Platt said they were not, due to their lack of experience. Flynn asked about the details of the grant. She asked if one of the providers, Step-Up, had been part of the community, because Faith in Action was part of the community but not considered.

Platt said he would not be saying anything bad about Faith in Action but that they have a difference of opinion. Flynn asked if Platt had ever had a personal relationship with any members of the provider organizations. Platt replied he had been working with the organizations for years.

Flynn asked if you must have mental and/or drug problems to qualify for this program.

Platt disagreed and there was further discussion. Flynn asked if participants needed to reside in Banning to qualify, and Platt responded they did not.

Flynn asked about two meetings mentioned in the grant application. Platt stated there had not been any meetings yet because of the uncertainty around Council’s intentions regarding the grant. Flynn asked again and Platt responded he had met with the candidates.

Flynn stated she felt the public was not adequately informed of the grant and therefore could not make an educated decision. Platt pointed out that Flynn had voted to accept the grant award.

Council Member Barrington noted that they were two hours late.

Motion to adjourn.

Motion by Council Member Miller
Seconded by Council Member Wallace
Council Member Wallace said the Council had already voted on this issue and the city must do something to address the homelessness problems in town.

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
55 Special Meeting Minutes 2/25/2025 Page 5 of 5
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 3-2.

4. ADJOURNMENT
The Special City Council meeting was adjourned at 7:03 p.m.

Minutes Prepared by:

Caroline Patton, Administrative City Clerk
This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 ATTACHMENTS:

Exhibit A – Agenda Item 3.1: Staff Presentation
Exhibit B – Agenda Item 3.1: Salvation Army Presentation Exhibit C – Agenda Item 3.1: Step Up Presentation
Exhibit D – Agenda Item 3.1: Proposition 47 RFP
56 HOMELESSNESS
2019 PROBLEM
• No City Programs or Services
• Vacant Buildings
• Fires & Vandalism
• Large homeless population
• Impacts on local businesses & neighborhoods
• County facilities generating transients
Exhibit A
57 2019 HOMELESS SUMMIT

SUMMIT OUTCOMES
• Emergency Shelter
• Model Shelter for homeless – goal for the City
• Mental Health/Behavioral Health
• Transportation to shelters/Place of residence
• Outreach Teams
• Programs to get homeless off the streets
• Showers/Laundry
• Access to restrooms/showers
• Access to food on weekends
58 WHAT DRIVES HOMELESSNESS
IN BANNING?
Resident Homeless Population
• Mental Health/Behavioral Health Issues
• Family Members Unwilling/Unable to Provide Care
Transient Homeless Population
• Releases from Larry Smith Correctional Facility
• Riverside County Facilities
• Drop offs from other cities & counties

HOW DOES HOMELESSNESS
IMPACT BANNING?
• 90% of Police Calls for Service are
transient related
• Business Retention
• Business Recruitment
• Staff Time Cleaning up encampments
• Appearance of community
• Residents feel unsafe in downtown
• Residents feel unsafe in neighborhoods
• Residents feel unsafe in parks
• Fires in vacant buildings
• Wildfires started in encampments
59 ACTIONS TAKEN
• Encampment Reduction Fund I Grant
• Ramsey Street Shelter
• Opportunity Village
• Encampment Reduction Fund II Grant
• Housing Funds
• Adoption of Unsafe Camping Ordinance
• Creation of Community Homeless Assistance
Team (CHAT)
• Creation of Homeless Liaison Officer position
• Established Wrap-Around Services Partnerships
• 200+ Individuals Served
• 150+ Individuals Housed, Re-united,
Treatment/Rehabilitation, Transported

CITY OF BANNING PLAN
• Transportation to home if not a Banning Resident
• Offer Services if a Banning Resident
• Shelter
• Treatment
• Housing
• If Shelter or Transportation Refused:
• Law Enforcement Action
• Prop 36, Unsafe Camping Ordinance,
City of Grants Pass v. Johnson
Larry Smith
Correctional
Facility
Riverside
County
Social
Services
60 Homeless to Work
The Salvation Army

2.4.25 Revised
City Programs
Exhibit B
61 The Salvation Army

AN INVITATION INTO IMPACT

ADDRESSING HOMELESSNESS ONE STORY AT A TIME

THE HOMELESS TO WORK PROGRAM
The goal of the program is twofold:

To clean areas of our city to make a
happier healthier place for all to live.

Offer employment opportunities focused
on building up lives and establishing longterm employment, housing, and sustainability for our neighbor's
experiencing homelessness
Ken
Was homeless living under a tree,
drinking and using. He decided he didn’t
want this life anymore. He is currently
working two jobs and lives in a sober
living home.
62 THE HOMELESS TO WORK PROGRAM
Our Stats tell a story:
11,260 Outreach Interactions
1050+ Referrals to health and addictions programs
357+ Through the hiring process since inception
218 Completed the 90-Day program since inception
152 Moved on to housing and employment
“I went from homeless to
homeowner.”
VINCE
Homeless to Work Mentor and Supervisor

THE HOMELESS TO WORK PROGRAM

OPPORTUNITIES THAT IMPACT LIVES
60% of our individuals who
completed our program moved on to
stable employment and housing.

Over 44,000 lbs. of trash and debris
has been collected throughout the city;
making Moreno Valley a cleaner and
nicer place to live.

AN OBVIOUS
IMPACT
63 THE HOMELESS TO WORK PROGRAM

HOW LIVES ARE

TRANSFORMED

A PATHWAY TO POTENTIAL
Case Management and counseling is provided
during the initial 90-days of employment. A
participant develops meaningful Action Plans
that identifies personal and professional
barriers, creates solutions and motivates
change.

All meaningful work and progress is made in
community. It’s here that an individual
receives the support, strength and renewed
self-worth and dignity that truly transforms
lives.
“The Homeless to Work
program works wonders.

Now I’m in a studio
apartment, my daughter
and I.”

MARIELA

THE HOMELESS ASSISTANCE PROGRAM
Seeing people go from struggling to
having their needs met and life
moving forward is one of the best
jobs in the world.

Michael Archie
Homeless Assistance Program
Coordinator
Our Strategies offer strength:
50 to 60 interactions per week
Serves as a conduit between the individual and services Coordinates as a taskforce:
(Code Enforcement, PD, City, County of Riverside, Outreach Worker)
Average of 1 to 2 people exit homelessness every week
64 GROWTH POINTS GROWTH POINTS GIVE BACK IVE BACK

A PATHWAY TO HOPE AND HEALING

GATEWAYS
“I come to The Salvation Army
because it is a safe place to get
help and I trust my friends
there.”
Michelle Leon
“I had been homeless for 30 years
when I came to the Riverside Corps
looking for a safe place, but I found
purpose and a family. I’m now a
homeowner and mentor homeless
men like myself.

Vince Fredborg

FOOD ASSISTANCE
TS
“I came to The Salvation Army for a
shower. I was homeless and broke.

Today I have a career, a family and I
train others in financial
management.”
Jeff McDaniel
FO

EMERGENCY SHELTER

HOMELESS OUTREACH TEAM

HOMELESS SHOWERS

REHABILITATION CENTERS

CASE MANAGEMENT

HOMELESS TO WORK PROGRAM

COMMUNITY SUPPORT GROUPS

PURPOSE TEAMS

COMMUNITY INTEGRATION

HOUSING

STABILITY AND LONG-TERM SUPPORT
“I h
wh
loo
pur
hom
me
Vin
“I c
bec
hel
the
Mi
“I ca
show
Toda
train
man
Jeff

ADDRESSING HOMELESSNESS WITH CREATIVE SOLUTIONS

TRANSFORMING

LIVES TOGETHER

OUR GOAL
Transforming lives one story
at a time.

LASTING CHANGE
Through our strategy and
strength of partnerships we
aim to create lasting change
in addressing the issues of
homelessness in Moreno
Valley.
65 We help with the following:

Addressing Individuals Who Need Services
Mental Health & Health related challenges
Mock Interviews Chemical Dependency
Life Skills Resume Building
ID’s & Social Security Cards GED
Financial Literacy Interview clothes
Court related issues Shelter Assistance
Employment Family Reunification
We help with the following:

Homeless to Work Employment Roles
Maintenance Answering Phones
Stocking Front Desk
Cashier Inventory
Food Pick up Landscaping
Dishwasher Food Pantry
Data Entry Truck Driver
Forklift Driver Restruant Server and Busser
66 Business Partners who employ our Clients
• RTA Deckers Old Town Spaghetti Factory
• Party Rental CA Amazon Nordstrom Warehouse
• Baker’s LaQuinta Inn & Suite Chevrolet
• Solaris Paper Food Lab of Riverside Salvation Army IT Department • Zorba’s Restaurant Stater Bros Iherb
• US Elections Assistance Commission City of Riverside Path of Life Ministries Homeless To Work Video:
https://fb.watch/vfZjfiBZ0w/
67 Step Up on Second
y Our Mission - Step Up delivers compassionate support to people experiencing serious mental health conditions and persons who are experiencing chronic homelessness to help them recover, stabilize, and integrate into the community y CORE VALUES – Hope, Wellness, Voice and Choice
Respect, and Collaborative Relationships
Exhibit C
68 ¾ Homelessness is rising across the Inland
Empire
¾ The IE has a population of approximately

4.7 million
¾ Approximately 658,445 (13.93%) are on
the brink of homelessness.
¾ There are over 6,000 homeless persons
living on the streets, river-bottom, under
bridges, and emergency shelters.

Inland Empire Homelessness
Step Up - Inland Empire (Solutions)
y Capacity
{ Permanent Supportive Housing- 890 members
Ù PSH-153
Ù HA & FSP - 561
Ù Homekey - 176
{ Physical Health
Ù ECM - 119 members
Ù CS - 594 members
{ Mental Health Services (FSP)
{ Outreach - San Bernardino/Riverside Counties
69 Types of Services
Step Up assist with:
y Housing Navigation/Retention/Landlord Mediation
y Daily Life Skills Support and Reintegration Services
y Medication Management
y Chronic Disease Management
y Money Management/Payee Services
y Employment Assistance
y Mental Health Services
y Transportation
y Access to Mainstream Benefits
y Case Management
y Family Reunification
Access Services
y PSH/FSP-HA - Call 211 get placed on
prioritization list. Referral based only
programs
y Street Outreach – 211 referrals and our
Outreach line - 909-361-2104
y ECM - Call SUOS - 909-963-5355
y Community Supports - Call 909-963-5355
70 Success Stories
Step Up On Second Program Manager Alberto Rivera
Mobile# 909-601-1166 Email: [email protected]
71 Proposition 47 Grant Program: Safe
Neighborhoods and Schools Act Cohort 4 Request for Proposals (RFP) Grant Purpose: Mental Health Services, Substance Use Disorder Treatment, and Diversion Programs for People in the Criminal Justice System. Grant Period: October 1, 2024 to June 30, 2028 Eligible Applicants: Public Agencies as Lead, in Partnership with Community-Based Organizations RFP Released: April 12, 2024
Notice of Intent to Apply Due: May 10, 2024
Proposals Due: June 10, 2024
This page was intentionally left blank.

Exhibit D
72 PART I: BACKGROUND AND GRANT INFORMATION ................................................ 1 Background .................................................................................................................. 1 Contact Information ...................................................................................................... 1 Proposal Due Date and Submission Instructions .......................................................... 2 Prospective Applicant Information Session ................................................................... 3 Letter of Intent to Apply ................................................................................................. 4 Proposition 47 Executive Steering Committee & Scoring Panel ................................... 4 Guiding Principles for the Proposition 47 Grant ............................................................ 6 Eligibility to Apply .......................................................................................................... 7 Funding Information ...................................................................................................... 8 Eligible Grant Activities and Target Population ........................................................... 11 Grant Period ............................................................................................................... 14Proposition 47 Local Advisory Committee .................................................................. 14 Evidence-Based, Data-Driven, and Innovative Strategies .......................................... 15 Data Collection, Reporting, and Evaluation Requirements ......................................... 16 General Grant Requirements ...................................................................................... 19 Overview of the RFP Process ..................................................................................... 23 PART II: PROPOSAL INSTRUCTIONS........................................................................ 27 Proposal Narrative and Budget Instructions ............................................................... 27 PART III: ATTACHMENTS and APPENDICES ............................................................ 35 Attachment A: Proposition 47 Ballot Measure ............................................................ 36 Attachment B: Assembly Bill 1056 (2015) ................................................................... 38 Attachment C: Proposition 47 Cohort 3 Grantees ....................................................... 43 Attachment D: Glossary of Key Terms ........................................................................ 44 Attachment E: Proposition 47 Local Advisory Committee Membership Roster .......... 51. Attachment F: Proposition 47 Local Advisory Committee Letter of Agreement .......... 52 Attachment G: Sample Governing Board Resolution .................................................. 53 Attachment H: Proposition 47 Project Work Plan........................................................ 54 Appendix A: Proposition 47 Executive Steering Committee Roster ............................ 56 Appendix B: Criteria for Non-Governmental Organizations Receiving BSCC Grant Subawards .................................................................................................................. 57 Appendix C: Certification of Compliance with BSCC Policies Regarding Debarment, Fraud, Theft, and Embezzlement................................................................................ 59 Table of Contents
CONFIDENTIALITY NOTICE:

All documents submitted as a part of the Proposition 47 Cohort 4 Grant Program proposal are public documents and may be subject to a request pursuant to the California Public Records Act. The BSCC cannot ensure the confidentiality of any information submitted in or with this proposal. (Gov. Code, §§ 6250 et seq.) 73 PART I, Page | 1
Proposition 47 was a voter-approved initiative on the November 4, 2014 general election ballot. As stated in the ballot measure:

The people enact the Safe Neighborhoods and Schools Act to ensure that prison spending is focused on violent and serious offenses, to maximize alternatives for nonserious, nonviolent crime, and to invest the savings generated from this act into prevention and support programs in K–12 schools, victim services, and mental health and drug treatment (Attachment A).

As further stated in the proposition, the BSCC’s responsibilities are to:

Administer a grant program to public agencies aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system, with an emphasis on programs that reduce recidivism of people convicted of less serious crimes, such as those covered by this measure, and those who have substance abuse and mental health problems. (Gov. Code, § 7599.2, subd. (a)(3).) Assembly Bill 1056 (Statutes of 2015, Chapter 438) added additional priorities to the grant program including housing-related assistance and community-based supportive services such as job skills training, case management and civil legal services (Attachment B).

This Request for Proposals (RFP) provides the information necessary to prepare a proposal to the Board of State and Community Corrections (BSCC) for grant funds available through the Proposition 47 Cohort 4 Grant Program.

The BSCC staff cannot assist the applicant or its partners with the actual preparation of the proposal. Any technical questions concerning the RFP, the proposal process or programmatic issues must be submitted by email to: [email protected]. BSCC will create a Frequently Asked Questions page and update it periodically up to the proposal submission deadline. See the Proposition 47 website for more information.

PART I: BACKGROUND AND GRANT INFORMATION
Background
Contact Information
PART I, Page | 2
Proposal Due Date and Submission Instructions
Proposal Due Date The Proposition 47 Grant Program Proposal Package submission is available through an online portal submission process. Applicants must submit proposals through the BSCC Submittable portal by 5:00 P.M. (PDT) on June 10, 2024, at which time the portal will close and no longer accept proposals. **Please allow sufficient time to begin and submit your proposal. Be advised that completing the proposal and uploading the required documents into the Submittable portal may take a significant amount of time. If the BSCC does not receive a submission by 5:00 p.m. (PDT) on June 10, 2024, the proposal will not be considered for funding. Applicants are strongly advised to submit proposals in advance of the due date and time to avoid disqualification. Submission Instructions *READ THIS ENTIRE RFP DOCUMENT PRIOR TO INITIATING THE RFP PROCESS* This RFP Instruction Packet contains all the necessary information to successfully complete and submit the Proposition 47 Grant Program Proposal. As part of the online BSCC Submittable process, applicants will be required to download several mandatory forms that must be completed, signed, and uploaded at specific prompts within the BSCC Submittable portal prior to submission. These documents, listed below, are available for download at the BSCC Proposition 47 website:
x Proposition 47 Local Advisory Committee Membership Roster (Attachment E)x Proposition 47 Local Advisory Committee Letter(s) of Agreement (Attachment F) x Project Work Plan (Attachment H)
x Budget Attachment (Project Budget Table and Budget Narrative) x Criteria for Non-Governmental Organizations Receiving BSCC Grant Subawards (Appendix B)
x Certification of Compliance with BSCC Policies Regarding Debarment, Fraud, Theft, and Embezzlement (Appendix C)
Proposals for the Proposition 47 Grant Program must be submitted through the BSCC Submittable Portal. The link to the BSCC Submittable Application portal, Proposition 47 Grant Program Application Instruction Packet, and all required attachments are available on the BSCC Proposition 47 website.

The Proposition 47 Grant Program RFP is accessible by clicking the “Click here to Submit; Powered by Submittable” button located on the BSCC Proposition 47 website. You will be prompted to create a free Submittable account and log-in (or sign into an existing account) prior to accessing the online RFP. Once the account has been established, applicants may proceed with the submission process. Additional RFP instructions are provided within the online BSCC Submittable Portal. **Note: You must click the “Save Draft” button at the end of the proposal page to save any updates and/or changes you have made to your proposal prior to applying, each time you log in to your proposal. In addition, most of the fields within the RFP require information 74 PART I, Page | 3
to be entered; therefore, the system will not allow proposal submission if all mandatory fields are not completed. If the BSCC does not receive a submission by the deadline, the proposal will not be considered for funding. Applicants are strongly advised to submit proposals well in advance of the due date and time to avoid disqualification. Once you have successfully submitted your application and all required attachments, you will receive an email acknowledging your application has been received. If you experience technical difficulties with submitting your proposal through the Submittable portal, you should submit a Help Ticket through Submittable, as the BSCC does not control that site. Please also email the BSCC at [email protected] and/or call the BSCC main line at (916) 445-5073 and ask to speak to someone about the Proposition 47 Grant. Be advised that applicants contacting Submittable and/or the BSCC on the due date may not receive timely responses. *Please allow sufficient time for Submittable and/or BSCC staff to provide technical assistance.*
Prospective Applicant Information Session
Prospective applicants are invited – but not required – to attend a virtual Grant Information Session. The purpose of this session is to provide clarity on RFP instructions and answer technical questions from prospective applicants. BSCC staff will review proposal submission instructions, funding information, eligible grant activities, and the rating process. Details for the virtual Grant Information Session are listed below:

Proposition 47 Cohort 4
Virtual Grant Information Session for Prospective Applicants Tuesday, April 30, 2024 at 10:00 A.M.

Public access options for this meeting include: Join by Zoom:
https://us02web.zoom.us/j/87362215592
Meeting ID: 873 6221 5592
Call In:
646-931-3860 Meeting ID: 873 6221 5592
PART I, Page | 4
Applicants interested in attending the Grant Information Session are asked to submit an RSVP to [email protected]. Please include the name, title, and agency the attendee(s) will be representing. Please note: The Proposition 47 Grant Information Session will be recorded and posted to the BSCC Proposition 47 website for future reference. Prospective applicants are asked, but not required, to submit a non-binding letter indicating their intent to apply. These letters will aid the BSCC in planning for the proposal review process. Please submit the letter as a Microsoft Word or PDF file. There is no formal template for the Letter of Intent, but it should include the following information:
x name of the applicant entity; x name and title of a contact person from the applicant entity that can be posted and shared with interested members of the public; and
x a brief statement indicating the applicant’s intent to submit a proposal.

Failure to submit a Letter of Intent is not grounds for disqualification. Prospective applicants who submit a Letter of Intent and decide later not to apply will not be penalized.

Please email your non-binding Letter of Intent by May 10, 2024. Please identify the email subject line as “Proposition 47 Cohort 4 Letter of Intent to Apply” and submit the letter to: [email protected]. The BSCC uses Executive Steering Committees (ESC) and Scoring Panels to inform decision-making related to the Board’s programs. ESCs and Scoring Panels are composed of subject matter experts, community partners, and interested parties representing both the public and private sectors. The BSCC makes every attempt to include a diverse representation on its ESCs and Scoring panels, in breadth of experience, geography and demographics. In November 2021, BSCC convened an ESC that performed a comprehensive evaluation of grant requirements and subsequently developed recommendations for the Proposition 47 Cohort 3 RFP. In February 2022, BSCC released the Cohort 3 RFP to the public. To increase the BSCC’s understanding of the needs of its stakeholders in relation to appropriate uses for Proposition 47 grant funds, BSCC conducted a statewide survey in November 2023. The results of the survey indicated that the RFP previously developed by the Proposition 47 ESC still aligns with the needs and priorities of California’s communities, but that there is a greater need for residential treatment options. Therefore, this RFP contains increased funding thresholds to meet those needs.

Letter of Intent to Apply
Proposition 47 Executive Steering Committee & Scoring Panel 75 PART I, Page | 5
The BSCC will use a Scoring Panel process to complete the reading and rating of the Proposition 47 Cohort 4 proposals and to develop funding recommendations for the Board. The Board may approve, reject, or revise those recommendations. Members of the Scoring Panel are not paid for their time but are reimbursed for travel expenses incurred to attend meetings. If the BSCC is unable to convene a full Scoring Panel, BSCC staff may participate in the rating process. Conflicts of Interest Existing law prohibits any grantee, subgrantee, partner, or like party who participated on the Scoring Panel from receiving funds from the Proposition 47 grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Scoring Panel membership roster and ensuring that no grant dollars are passed through to any entity represented by any member of the Scoring Panel. Please check the BSCC Proposition 47 website for updated information on the Scoring Panel.

PART I, Page | 6
Guiding Principles for the Proposition 47 Grant
In developing the original Proposition 47 RFP, the ESC agreed on the guiding principles listed below, which reflect the priorities and values of the Proposition 47 Grant Program. They are woven throughout the RFP and incorporated into the rating criteria. Applicants should develop proposals that reflect these principles.

GUIDING PRINCIPLES FOR BSCC’s PROPOSITION 47 GRANT
x Incorporate community partnerships and collaborations. x Encourage culturally competent services and approaches that foster the principles of restorative justice.
x Define target populations, especially those populations that are:
o traditionally underserved or inappropriately served through mental health and substance use disorder service providers, or
o overrepresented within the criminal justice system, or o experiencing or at risk for homelessness
x Expand access to culturally congruent quality mental health and substance use disorder services, including services for co-occurring mental health and substance use disorder needs and the use of evidence-based or community defined practices. x Identify and address known barriers to serving target populations, such as:
o lack of jobs, housing, or employment
x Prioritize client-focused/client-centered holistic programs and approaches, including healing strategies and trauma-informed care.
x Expand and improve on efforts to divert individuals away from criminal justice involvement through increased diversion programs and improved behavioral health services or community supports. x Include community-based organizations with diverse staffing, including those who are system-impacted individuals, or who have varying educational levels and life experiences. x Demonstrate capacity building for service providers at every level. x Be mindful of regional equity and geographic diversity, including smaller and rural counties.
x Collect program data and measure/evaluate outcomes and publish and share information.
x Encourage community engagement, where members of the community participate in the identifying, informing, and shaping of policies, goals, services, and solutions. 76 PART I, Page | 7
Eligible ApplicantsEligible applicants are public agencies located in the State of California. For the purposes of this RFP a public agency is defined as:

A county, city, whether a general law city or a chartered city, or city and county, the duly constituted governing body of an Indian reservation or Rancheria, a school district, municipal corporation, district, political subdivision, or any board, commission, or agency thereof, entities that are legislative bodies of a local agency pursuant to subdivision (c) or (d) of Section 54952 of the Government Code, a housing authority organized pursuant to Part 2 (commencing with Section 34200) of Division 24 of the Health and Safety Code, a state agency, public district, or other political subdivision of the state, or any instrumentality thereof, which is authorized to engage in or assist in the development or operation of housing for persons and families of low or moderate income. (Pen. Code, § 6046.1, subd. (c).) Current Cohort 3 Grantees Are Not Eligible to ApplyPublic agencies currently receiving a Cohort 3 Proposition 47 grant (as the Lead Agency) are not eligible to apply for Cohort 4 funding (see Attachment C).

Los Angeles County: Because Los Angeles County received a $20 million award in Cohort 3, all county agencies within Los Angeles County are ineligible to apply for Cohort 4. Note that city public agencies and non-county public agencies within Los Angeles County are eligible to apply.

A public agency from the same city or county as a Cohort 3 grantee may still apply (with the exception of county agencies in Los Angeles County, as noted above). Definition of Lead Agency For the purposes of this RFP, the public agency applicant will be considered the Lead Agency. Lead agencies (i.e., individual agencies or departments within a city, county, or other jurisdiction) may not submit more than one proposal.Non-lead agencies (including community-based organizations, faith-based organizations, non-governmental or governmental entities, etc.) may serve as a partner on more than one proposal, as long as they have the capacity to separately track the services provided on each proposed application. Required Pass-Through to Community-Based Organizations To be eligible, a Lead Agency must:
x Subcontract with one or more non-governmental, community-based organization(s) for a minimum of 50 percent of the total grant award to demonstrate a shared partnership rooted in community engagement and economic equity.

Note: Additional points will be awarded to applicants that pass-through 60 to 69 percent or 70 percent and higher of the total grant award (See Preference Points pages 24-25).

Eligibility to Apply
PART I, Page | 8
Joint Proposals Two or more public agencies may partner to submit a joint proposal, but one must be designated as Lead Agency for contracting purposes. Joint proposals must comply with all other eligibility criteria. A public agency may apply on both an individual and a joint proposal. There is no funding or scoring incentive for joint proposals.

Funding Information
The Proposition 47 Grant is funded from savings generated from the enactment of the Safe Neighborhoods and Schools Act of 2014. Each year, the Department of Finance calculates the savings and distributes funding to the BSCC, State Department of Education, and California Victim Compensation and Government Claims Board. By law, the BSCC receives 65 percent of the state savings to administer a grant program. Approximately $152 million in funding is available for the Proposition 47 Cohort 4 RFP.

This funding is contingent on:
1) The amount of funds available in the Safe Neighborhoods and Schools Fund; 2) Grantee’s adherence to the Proposition 47 RFP requirements and applicable statutes; and
3) Grantee’s ability to demonstrate that annual implementation goals and objectives (as listed on the Proposition 47 Project Work Plan – Attachment H) have been met.

The BSCC may select additional proposals for awards from the ranked list if the deposits into the Safe Neighborhoods and Schools Fund significantly increase the BSCC’s expected allocation. Funding Categories and Corresponding Funding Thresholds Recognizing that different-sized jurisdictions have different capacities, resources, and needs, there are two categories within which public agency applicants will compete. Maximum funding thresholds have been set within each category. These categories were established so that projects of a smaller scope do not compete against projects of a larger scope. 77 PART I, Page | 9
Applicants will self-select a funding category, depending on the size of the proposed project. See the table below: Applicants are strongly encouraged to apply for only the amount of funding needed to meet their program goals within the grant period. The Scoring Panel will rate proposals based in part on the reasonableness of the proposed budget. Note: Applicants must earn at least 65 percent of the total weighted score to be considered for funding (refer to the Proposal Rating Process on page 24). If there are not sufficient qualified applicants to exhaust all funds in one category, those funds will be recommended for qualified applicants in the other category. Financial Leveraging Assembly Bill 1056 (2015) calls for the BSCC to prioritize Proposition 47 funding to public agency applicants that demonstrate how they plan to leverage other federal, state, and local funds or other social investments, such as the following:

A. The Drug Medi-Cal Treatment Program (22 Cal. Code Regs. 51341.1, 51490.1, and 51516.1).

B. The Mental Health Services Act, enacted by Proposition 63 at the November 2, 2004, general election, as amended.

C. Funds provided for in connection with the implementation of Chapter 15 of the Statutes of 2011.

D. The Community Corrections Performance Incentives Act (Stats. 2009, Ch. 608; Chapter 3 (commencing with Section 1228) of Title 8 of Part 2).

E. The tax credits established pursuant to Sections 12209, 17053.57, and 23657 of the Revenue and Taxation Code.

F. The federal Department of Housing and Urban Development funds, such as the Emergency Solutions Grant program (42 U.S.C. Sec. 11371 et seq.).

G. The federal Department of Veterans Affairs Supportive Services for Veteran Families program (38 U.S.C. Sec. 2044).

H. Social Innovation Funds established by the Corporation for National and Community Service pursuant to Section 12653k of Title 42 of the United States Code.

I. The Edward Byrne Memorial Justice Assistance Grant Program (42 U.S.C. Sec. 3750 et seq.).

Funding Category Applicants in this Category may Request: Funds Available in this Category 1) Small Scope Up to $2 million for the entire grant period. $60,800,000 2) Large Scope More than $2 million and up to $8 million for the entire grant period. $91,200,000 Total Available Funds: $152,000,000
PART I, Page | 10
Leveraged Contributions Grantees must maintain documentation that support all leveraged contributions to the grant. Expenditures for leverage funds must be reported on the BSCC invoice as the expenditures occur. Grantees are responsible for ensuring budgeted leverage contributions are made and grantees should not reduce or waive contributions once the grant agreement is fully executed. Failure to account for or provide budgeted leverage funds may result in a commensurate reduction in BSCC grant funds or termination of the grant agreement. Supplanting BSCC grant funds shall be used to support new program activities and/or to augment existing funds that expand current program activities. BSCC grant funds shall not be used to replace existing funds. Supplanting is strictly prohibited for all BSCC grants. When leveraging outside funds, public agency applicants must be careful not to supplant. Supplanting is the deliberate reduction in the amount of federal, state, or local funds being appropriated to an existing program or activity because grant funds have been awarded for the same purposes. It is the responsibility of the Grantee to ensure that supplanting does not occur. The Grantee must keep clear and detailed financial records to show that grant funds are used only for allowable costs and activities. Denial of Future Funding The BSCC reserves the right to consider the denial of future funding to any project and its officers based on its failure to comply with any term or condition of a current or previous BSCC Grant Award, poor past performance in a previous BSCC Grant Award, or failure to cooperate with state auditors/monitors. 78 PART I, Page | 11
Eligible Grant Activities and Target Population
The following flowchart provides a visual representation of types of services that can be funded under the Proposition 47 Grant Program. Additional information is provided on the following pages.

REQUIRED for ALL APPLICANTS
With PRIORITY given to projects that also:

Mental Health
Services
Substance Use
Disorder Treatment
Diversion
Programs
Consider
Restorative
Justice
Leverage
Existing
Resources
Are TraumaInformed
Provide HousingRelated Support
Provide Other
Community-Based
Supportive
Services
Or some combination
thereof…
Civil Legal Services Job Skills Training Case Management Promote a
Regional
Approach
AND
Eligible Population: Adults and/or Juveniles
Arrested, charged with, or convicted of a criminal
offense AND a history of mental health issues or
substance use disorders.

PART I, Page | 12
As shown above, Proposition 47 grant funds must be used for mental health services, substance use disorder treatment, diversion programs, or some combination thereof for people in the criminal justice system, defined further in the Target Population section below. In addition to these required services and programs, applicants are encouraged to provide supplemental housing-related services and other community-based supportive services, such as job skills training, case management, and civil legal services.The grant can fund programs that serve adults and/or juveniles. Examples of substance use disorder treatment and diversion programs can be found in Attachment D for key definitions related to project evaluation. Public agency applicants will be allowed to implement new services or programs and/or expand existing services or programs.Ineligible Grant Expenditures Grant funds may be used to implement new activities and programs and/or augment existing funds dedicated to a project but shall not replace or supplant funds that have been appropriated for the same purpose. Proposition 47 grant funds may not be used for:
x the acquisition of real property, or x programs or services provided in a custodial setting (with the exception of outreach and reentry planning)1.

For information on eligible and ineligible costs, refer to the BSCC Grant Administration Guide, found on the BSCC website.

Target Population
For purposes of this RFP, a person has a history of mental health issues or substance use disorders if the person:
x has a mental health issue or substance use disorder that limits one or more of their life activities;
x has received services for a mental health issue or substance use disorder; x has self-reported to a provider that they have a history of mental health issues, substance use disorders, or both; or
x has been regarded as having a mental health issue or substance use disorder. 1 For the purposes of this RFP, a locked facility (e.g., jail, prison, etc.) is considered a custodial setting. The intent of this RFP is to prohibit the use of grant funds for programs or services provided in a custodial setting with the exception of outreach and reentry planning.

Services and programs proposed in response to this RFP must be designed to serve people who have been arrested, charged with, or convicted of a criminal offense andhave a history of mental health or substance use disorders. 79 PART I, Page | 13
In addition, the target population of Proposition 47 should have been convicted of less serious crimes such as those covered by Proposition 47 and have substance abuse and/or mental health problems. If services and programs are provided to juveniles, juveniles must fall under the jurisdiction of the juvenile court pursuant to Welfare and Institutions Code section 602. Juveniles that come under the jurisdiction of the juvenile court under Welfare and Institutions Code section 601 (i.e., status offenses, truancy) should not be considered arrested for or charged with criminal offenses. Public agency applicants are required to describe how they will ensure that this target population is the one to be served by the proposed program. This could include a description of the program’s referral, engagement to services, screening, assessment, and documentation processes. Service Delivery Approach Applicants will be required to describe the service delivery approach, i.e., who will deliver the services and how, and why it is most appropriate for the community and target population. Key questions to consider include:
x What are the needs of your community and how does your project provide services reflective of the racially and ethnically diverse communities served? x How does your project ensure services will be provided in locations accessible to the community?
x How does your project ensure services will be tailored to meet an individual’s holistic needs, e.g., wraparound services?
x How does your project provide services in a culturally competent manner? x How does your approach ensure that services and programs adhere to the principles of trauma-informed care?
x How does your project provide services in a collaborative manner with the community, governmental, and nongovernmental agencies?
x How does your project take steps to advance the principles of Restorative Justice and reduce recidivism in your community?
x How will this project change or improve the lives of participants? PART I, Page | 14
Grant Period
Proposals selected for funding will be under contract agreement with the BSCC from October 1, 2024 to June 30, 2028. The term of the grant agreement includes a 3½ year service delivery period (October 1, 2024 through March 31, 2028) and an additional three (3) months (April 1, 2028 through June 30, 2028) to finalize and submit the required Local Evaluation Report and program-specific compliance audit. A visual illustration of the grant agreement period is provided in the table below:

Implementation Service Delivery Service Delivery Service Delivery Evaluation and Close-Out 6 months Year 1 Year 2 Year 3 3 months
October 1, 2024 -
March 31, 2025
April 1, 2025 -
March 31, 2026
April 1, 2026 -
March 31, 2027
April 1, 2027 -
March 31, 2028
April 1, 2028 -
June 30, 2028
Implementation
period to allow for
local
procurement,
hiring, and other
activities that can
facilitate a timely
start.

Grantees who do
not need the full
implementation
period can begin
service delivery at
any time once
under contract.

Service delivery and data collection.

Service delivery and data collection. Compile and analyze data gathered from three full years of service delivery. Complete Local Evaluation Report. Complete program- specific compliance audit.

Important note: The service delivery period ends on March 31, 2028. From April 1, 2028 to June 30, 2028, only expenses associated with completion of the Local Evaluation Report and the required program-specific compliance audit may be incurred. Additional information about the invoicing process (page 21) and reporting requirements (page 16).

Proposition 47 Local Advisory Committee
To apply for Proposition 47 funding, the Lead Agency must develop a Proposition 47 Local Advisory Committee that includes local stakeholders who have experience and expertise in the prospective programs and/or services to be implemented by the proposal. This advisory committee will, at a minimum, advise on:
x how to identify and prioritize the most pressing needs to be addressed (to include target population, target area, etc.);
x how to identify the strategies, programs and/or services to be undertaken to address those needs;
x the development of the grant project; and
80 PART I, Page | 15
x ongoing implementation of the grant project.

The Proposition 47 Local Advisory Committee must include a broad range of stakeholders from within the communities, organizations, departments, etc., impacted by the proposal. Examples include behavioral health professionals, educators, community-based and faithbased organizations, individuals impacted by the justice system, law enforcement, probation, prosecutors, defense attorneys, courts, social service providers, advocacy groups, housing providers, housing navigators, and citizens. Lead Agencies should consider state and local conflict of interest laws when selecting members of the Proposition 47 Local Advisory Committee. The Lead Agency is advised to check with its counsel about potential conflicts. The Lead Agency may use an existing body, but it must include individuals with the appropriate experience and expertise and address all the requirements listed in this section.

The Lead Agency must host regular community meetings to invite ongoing feedback and non-confidential updates from the Proposition 47 Local Advisory Committee and the community. Throughout the duration of the grant, Lead Agencies must maintain documentation of:
x public outreach efforts soliciting committee membership and publicizing community meeting information;
x attendance at both committee and community meetings; x agendas and minutes of committee and community meetings; x examples of processes for collaboration plan; and x partnering agencies’ details of their plans for collaboration.

As a part of the application, each Lead Agency will be required to include a Membership Roster for the Proposition 47 Local Advisory Committee and a Letter of Agreement signed by all members (see Attachments E and F).

Evidence-Based, Data-Driven, and Innovative Strategies
The BSCC is committed to supporting a focus on better outcomes in the justice system and for those involved in it. Applicants are therefore encouraged to use data to drive decisionmaking in the development, implementation, and appraisal of their overall projects. Applicants should be able to demonstrate that their proposal is linked to the implementation of practices and strategies supported by data. In developing a proposal, applicants should focus on the following three basic principles:

1. Is there evidence or data to suggest that the intervention or strategy is likely to work, i.e., produce a desired benefit? For example, was the intervention or strategy you selected used by another jurisdiction with documented positive results? Is there published research on the intervention you are choosing to implement showing its effectiveness? Is the intervention or strategy being used by another jurisdiction with a similar problem and similar target population? PART I, Page | 16

2. Once an intervention or strategy is selected, will you be able to demonstrate that it is being carried out as intended? For example, does this intervention or strategy provide for a way to monitor quality control or continuous quality improvement? If this intervention or strategy was implemented in another jurisdiction, are there procedures in place to ensure that that you are following the model closely (so that you are more likely to achieve the desired outcomes)?

3. Is there a plan to collect evidence or data that will allow for an evaluation of whether the intervention or strategy worked? For example, will the intervention or strategy you selected allow for the collection of data or other evidence so that outcomes can be measured at the conclusion of the project? Do you have processes in place to identify, collect, and analyze that data/evidence? Public agency applicants are encouraged to develop an overall project that incorporates these principles but is tailored to fit the needs of the communities they serve. Innovation and creativity are encouraged, but projects that have not been validated must demonstrate a promising approach using existing data and research such as best practices in the field. Plans to measure the effectiveness of a project should include the use of both qualitative and quantitative research. While quantitative research is based on numbers and mathematical calculations, qualitative research is based on written or spoken narratives. The purpose of quantitative research is to explain, predict and/or control events through focused collection of numerical data, while the purpose of qualitative research is to explain and gain insight and understanding of events through intensive collection of narrative data.

Data Collection, Reporting, and Evaluation Requirements Projects selected for funding will be required to submit the following to the BSCC:
x Quarterly Progress Reports; x a Local Evaluation Plan (due March 31, 2025); and x a Local Evaluation Report (due June 30, 2028).

Required Set-Aside for Evaluation Efforts To ensure that grantees can comply with BSCC’s data collection and reporting requirements in a meaningful way that benefits the applicants, their communities, and the State of California, grantees are required to budget a minimum of 5 percent (or $50,000, whichever is greater), but not more than 10 percent, of the total grant award for data collection and evaluation efforts. These efforts include development of the Local Evaluation Plan, completion of Quarterly Progress Reports, and completion of Local Evaluation Report. Applicants are encouraged, but not required, to use outside evaluators to ensure objective and impartial evaluations. Specifically, applicants are encouraged to partner with institutions of higher learning universities, state universities, and community colleges. See Attachment D for key definitions related to project evaluation. 81 PART I, Page | 17
Applicants are also strongly encouraged to identify research partners early on and include them in the development of the proposal so that the goals and objectives listed in the Proposition 47 Project Work Plan are measurable. Quarterly Progress Reports Grant recipients are required to submit Quarterly Progress Reports (QPRs) to the BSCC. Progress reports are a critical element in BSCC’s monitoring and oversight process. Grantees that are unable to demonstrate that they are making sufficient progress toward project goals and objectives and that funds are being spent in accordance with the Grant Agreement and Proposition 47 Work Plan could be subject to the withholding of funds. Once grants are awarded, BSCC staff will work with grantees to create custom progress reports. Applicable forms and instructions will be available to grantees on the BSCC’s website after the Grantee Orientation. As part of the QPRs, grantees will be required to submit de-identified individual level data in a Microsoft Excel file located in a secure cloud storage platform. BSCC will not request or retain personal identifying information. Grantees will be required to provide the following information for each participant:
x age at enrollment x gender x race/ethnicity x level of education at enrollment x employment and housing status at enrollment x employment and housing status at completion x prior arrests and convictions (yes/no responses) x probation, Parole, or PRCS status at enrollment x participation status (e.g., active participant, received one-time intervention services, exited program without completing program requirements, completed program requirements, etc.) x number of days between program enrollment and program completion (for participants who complete program requirements)
x services the participant received during the quarter (checkbox) x “Recidivism” o Due to the complexity of obtaining recidivism information for many grantees, this information will only be requested annually, instead of quarterly. o The definition of recidivism, as established in AB 1056, will be used for reporting purposes.
o Recidivism data must be obtained from a reliable source, such as local law enforcement. Self-report will not be accepted. Note that obtaining this information from a reliable source may require the establishment of data sharing agreements. o Grantees will be required to report the following recidivism information:
number of days between program enrollment/services received and the recidivating event
whether the conviction was a misdemeanor or felony
PART I, Page | 18
Local Evaluation Plan The purpose of the Local Evaluation Plan is to ensure that projects funded by the BSCC can be evaluated. Grantees will be expected to include a detailed description of how the public agency applicant will assess the effectiveness of the proposed program in relationship to each of its goals and objectives. A relationship between the goals and objectives identified in the Proposition 47 Project Work Plan should be apparent in the Local Evaluation Plan. The Local Evaluation Plan should describe the evaluation design or model that will be used to evaluate the effectiveness of the project component(s), with the project goals and the project objectives clearly stated. Public agency applicants should include criteria for both process and outcome evaluations. Once submitted, any modifications to the Local Evaluation Plan must be approved in advance by the BSCC. More detailed instructions on the Local Evaluation plan will be made available to successful applicants. Local Evaluation ReportFollowing project completion, grantees are required to complete a Local Evaluation Report. The Local Evaluation Report must be in a format prescribed by the BSCC. More detailed instructions on the Local Evaluation Plan will be made available to successful applicants. The purpose of the Final Local Evaluation Report is to determine whether the overall project (including each individual component) was effective in meeting the goals laid out in the Local Evaluation Plan. To do this, the grantee must assess and document the effectiveness of the activities that were implemented within each individual project component. These activities should have been identified in the previously submitted Local Evaluation Plan. More detailed instructions on the Local Evaluation Report will be made available to successful applicants. Evaluation Dissemination The BSCC will make public the Local Evaluation Plan and Local Evaluation Report from each grantee. Reports may be posted to the BSCC website and information from them may be incorporated into a Statewide Evaluation Report to be shared with the Administration, the Legislature, and the public. Projects selected for funding are encouraged to make public (e.g., post online, disseminate, share at meetings) the Local Evaluation Report to the community and the grantee’s Governing Board (e.g., Board of Supervisors, City Council, etc.). If the grantee plans to publish the Local Evaluation Report, it must be submitted to the BSCC for review prior to publication. 82 PART I, Page | 19
General Grant Requirements
Governing Board Resolution Successful applicants will be required to submit a Resolution from their Governing Boards before the grant award can be finalized and funds awarded. A signed resolution is not required at the time of proposal submission, but public agency applicants are advised that no financial invoices will be processed for reimbursement until the Governing Board Resolution has been received by the BSCC. A sample Governing Board Resolution can be found in Attachment G. Grant Agreement Public agency applicants approved for funding by the BSCC Board are required to enter into a Grant Agreement with the BSCC. Grantees must agree to comply with all terms and conditions of the Grant Agreement. A sample BSCC Grant Agreement can be found on the BSCC Proposition 47 website. The Grant Agreement start date is expected to be October 1, 2024. Grant Agreements are considered fully executed only after they are signed by both the Grantee and the BSCC, and the BSCC is in receipt of all required attachments including documentation of signing authority (i.e., Governing Board Resolution). Work, services, and encumbrances cannot begin prior to the Grant Agreement start date. Any work, services, and encumbrances that occur after the start date but prior to Grant Agreement execution may not be reimbursed. Grantees and all subgrantees are responsible for maintaining their Grant Agreement, all invoices, records, and relevant documentation for at least three (3) years after the final payment under the Grant Agreement. Debarment, Fraud, Theft or Embezzlement It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to applicants that have been:

1. Debarred by any federal, state, or local government entities during the period of debarment; or

2. Convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.

Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state, or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract. BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

PART I, Page | 20
All applicants must complete Appendix C certifying they are in compliance with the BSCC’s policies on debarment, fraud, theft, and embezzlement.

Criteria for Non-Governmental Organizations Receiving Grant Funds This RFP includes requirements that apply to non-governmental organizations2 that receive funds under this grant. All grantees are responsible for ensuring that any contracted third parties continually meet these requirements as a condition of receiving grant funds. These requirements are described in the box below.

Eligibility Criteria for Non-Governmental Organizations Providing Services with BSCC Grant Funds
Any non-governmental organization (NGO) that receives Proposition 47 grant funds (as either a direct grantee, subgrantee, or subcontractor) must:
x have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its Grant Agreement with the BSCC or with the start date of the grantee’s subcontract agreement; Note: Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six (6) month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the Grant Agreement with the BSCC or the start date of the grantee’s subcontract agreement. x be registered with the California Secretary of State’s Office, if applicable; x be registered with the California Office of the Attorney General, Registry of Charitable Trusts, if applicable;
x have a valid Employer Identification Number (EIN) or Taxpayer ID (if sole proprietorship); x have a valid business license, if applicable; x have no outstanding civil judgments or liens; and x have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable.

In addition to the administrative criteria listed above, any non-governmental, communitybased organization service provider that receives Proposition 47 grant funds must have a proven track record working with the target population and the capacity to support data collection and evaluation efforts. 2 Non-Governmental Organizations (NGOs) include community-based organizations, faith-based organizations, non-profit organizations/501(c)(3)s, for profit service providers, evaluators (except government institutions such as universities), grantmanagement companies and any other non-governmental agency or individual. NOTE: These criteria do not apply to government organizations (e.g., counties, cities, school districts, etc.). 83 PART I, Page | 21
All applicants must complete, sign, and submit the Criteria for Non-Governmental Organizations Receiving BSCC Grant Subawards form (see Appendix A), even if there are no plans to subcontract at the time of submission or if the name of the subcontracted party is unknown. A signature on this form provides an assurance to BSCC that the signing authority has read and acknowledged these terms, should the applicant choose to enter into an agreement with an NGO at a later date. Once under contract, grantees must submit an updated Criteria for Non-Governmental Organizations Receiving BSCC Grant Funds form for any additional NGOs that receive funds through subcontracts throughout the life of the grant agreement after awards are made. The BSCC will not reimburse for costs incurred by NGOs that do not meet the BSCC’s requirements. Audit Requirement Grantees are required to provide the BSCC with a program-specific compliance audit that covers the service delivery period of the grant. The audit report will be due no later than June 30, 2028. The program-specific compliance audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county or city’s project financial management functions. Expenses for the final audit may be reimbursed for actual costs up to $25,000. In addition, BSCC reserves the right to call for a program or financial audit at any time between the execution of the grant agreement and three (3) years following the end of the grant period. The Department of General Services, State Controller3, the California State Auditor, the Department of Finance, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this grant. Grantee Orientation Following the start of the grant period, BSCC staff will conduct a mandatory Virtual Grantee Orientation (date to be determined). The purpose of this mandatory session is to review the program requirements, invoicing, and budget modification processes, data collection and reporting requirements, as well as other grant management and monitoring activities. Typically, the Project Director, Financial Officer, and Day-to-Day Contacts must attend. Grantees are also strongly encouraged to include the individual tasked with Data Collection and Evaluation and a minimum of one community partner. Invoicing for Grant Expenditures Disbursement of grant funds occurs on a reimbursement basis for costs incurred during a reporting period. The State Controller’s Office (SCO) will issue the warrant (check) to the individual designated as the Financial Officer for the grant. Grantees will submit invoices to the BSCC on quarterly basis through an online process no later than 45 days following the end of the invoicing period. Grantees wishing to invoice on a monthly basis must request an exception prior to entering into Grant Agreement. 3 The State Controller has independent authority to audit Proposition 47 grant programs administered by the BSCC. (Gov. Code, § 7599.2, subd. (c).)
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Grantees must maintain adequate supporting documentation for all costs claimed on invoices. BSCC staff will conduct a desk review process which requires grantees to submit electronic documentation to support all grant funds claimed during the invoicing period. In addition, BSCC staff will conduct on-site monitoring visits that will include a review of documentation maintained as substantiation for project expenditures with grant funds. Additional information about invoicing can be found in the BSCC Grant Administration Guide located on the BSCC website. Travel Travel is usually warranted when personal contact by project staff is the most appropriate method of conducting project-related business. Travel to and from training conferences may also be allowed. The most economical method of transportation, in terms of direct expenses to the project and the employee's time away from the project, must be used. Projects are required to include sufficient per diem and travel allocations for project-related personnel, as outlined in the Grant Award, to attend any mandated BSCC training conferences or workshops outlined in the terms of the program. x Units of Government
Units of government may follow either their own written travel and per diem policy or the State’s policy. Units of government that plan to use cars from a state, county, city, district carpool, or garage may budget either the mileage rate established by the carpool or garage, or the state mileage rate, not to exceed the loaning agency rate. x Non-Governmental Organizations (NGOs)
An NGO receiving BSCC funds must use the State travel and per diem policy, unless the Grantee’s written travel policy is more restrictive than the State's, in which case it must be used. Reimbursement is allowed for the cost of commercial carrier fares, parking, bridge, and road tolls, as well as necessary taxi, bus, and streetcar fares. x Out-of-State Travel
Out-of-state travel is restricted and only allowed in exceptional situations. Grantees must receive written BSCC approval prior to incurring expenses for out-of-state travel. Even if previously authorized in the Grant Award, Grantees must submit to the BSCC a separate formal request (on Grantee letterhead) for approval. Out-of-state travel requests must include a detailed justification and budget information.

Compliance Monitoring VisitsThe BSCC staff will monitor each project to assess whether the project is in compliance with grant requirements and making progress toward grant objectives. As needed, monitoring visits may also occur to provide technical assistance on fiscal, programmatic, evaluative, and administrative requirements. For your reference, a sample Comprehensive Monitoring Visit checklist can be found on the Corrections Planning and Grant Programs website. 84 PART I, Page | 23
Overview of the RFP Process
Confirmation of Receipt of Proposal Upon submission of a proposal in the BSCC Submittable Application Portal, applicants will receive a confirmation email from the BSCC stating that the proposal has been received. Disqualification “Disqualification” means the proposal will not move forward to the Scoring Panel for the Proposal Rating Process and, therefore, will NOT be considered for funding under this grant. ■■■■ S T O P ■■■■
PLEASE READ CAREFULLY!
The following will result in an automatic disqualification:
x Proposal submission is not received by 5:00 P.M. (PDT) Monday, June 10, 2024. (Allow sufficient time to upload all required documents in the BSCC Submittable Application portal. Do not wait until the last minute!) x Proposal is not submitted via the BSCC Submittable portal. Email submissions will not be accepted.
x Applicant is not a public agency as defined in Penal Code section 6046.1, subdivision (c).
x Proposal does not address one or more of the program areas required by Proposition 47: mental health services, substance use disorder treatment, and/or diversion. x Budget Attachment (Excel attachment) is not submitted through the BSCC Submittable Portal.
x Budget Attachment does not clearly show the mandatory 50 percent passthrough to one or more community-based organizations.x Funding request exceeds allowable amount in the Large Scope funding category.
x Applicant is proposing to provide services in a custodial setting (with the exception of in-reach and reentry planning).
x Attachments are illegible.x Attachments will not open or the files are corrupted.

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Proposal Rating Process Unless disqualified, proposals will advance to the Scoring Panel for the Proposal Rating Process. Proposals will be evaluated in accordance with the BSCC’s Grant Proposal Evaluation Process and as described below. The Scoring Panel will read and assign ratings to each proposal in accordance with the prescribed rating factors listed in the table below. Scoring Panel members will base their points on how well an applicant addresses the criteria listed under each rating factor within the Proposal Narrative and Budget Sections. Scoring Panel ratings, once submitted to the BSCC, will be final. At the conclusion of this process, applicants will be notified of the Scoring Panel’s funding recommendations. It is anticipated that the Board will act on the recommendations at its meeting in September 2024. Applicants and partners are not to contact members of the Scoring Panel or the BSCC Board to discuss proposals. Rating Factors The Rating Factors that will be used and the maximum points allocated to each factor are shown in the table below. Applicants are asked to address each of these factors as part of their proposal. The Proposition 47 ESC assigned a percent value to each Rating Factor, correlating to its importance within the overall project (see Percent of Total Value column).

Rating Factors Point Range Percent of Total Value Weighted Rating Factor Score 1 Project Need 0 - 5 25% 50 2 Community Engagement 0 - 5 15% 30 3 Project Description 0 - 5 30% 60 4 Data Collection and Evaluation 0 - 5 15% 30 5 Project Budget 0 - 5 15% 30 Total Score (before Preference Points): 100% 200
Preference Points: Applicants are required to dedicate a minimum of 50 percent of the grant funds requested to subcontracts with non-governmental, community-based organizations. Additional points will be added to the final score if an applicant dedicates 60 percent or more, as follows:
60-69 percent of grant funds = 2 additional points
70+ percent of grant funds = 4 additional points
Maximum Possible Score with Preference Points: 204
Scoring Panel members will rate an applicant’s response to each Rating Factor on a scale from 0 to 5, according to the Six-Point Rating Scale shown below. For each Rating Factor, the rating point received is then weighted according to the “Percent of Total Value” column associated with the Rating Factor to arrive at the final Weighted Rating Factor Score. The Weighted Rating Factor Scores are then added together for a Total Score. Preference points are added to the Total Score, as applicable. The Maximum Possible Proposal Score is 204. 85 PART I, Page | 25
Preference PointsAn applicant may earn up to four additional points based on the amount of grant funds that are dedicated to non-governmental, community-based organizations. Specifically, applicants are required to dedicate a minimum of 50 percent of their grant funds to subcontracts with non-governmental, community-based organizations. An additional two points will be added to the final score if an applicant dedicates 60 to 69 percent of grant funds to a non-governmental, community-based organization, and an additional four points if the applicant dedicates 70 percent or more.Six Point Rating ScaleMinimum Scoring ThresholdTo be considered for funding, a proposal must meet a threshold of 65 percent (65%), or a minimum Proposal Score of 130 total points.Funding DecisionsApplicants will compete for funds within either the Small or Large Scope category. Once the proposals have been scored and ranked, BSCC will move down the ranked lists to fund all qualified applicants (i.e., proposals that meet the scoring threshold requirements) in each category until all funds in that category are exhausted. Applicants that fall at the cut-off pointmay be offered a partial award if there are not sufficient remaining funds to make a full award.If there are not sufficient qualified applicants to exhaust all funds in one category, those funds will be recommended for qualified applicants in the other category. Any funds remaining after all possible qualified applicants have been funded will be held for the next Proposition 47 Request for Proposals.

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Summary of Key DatesThe following table shows a timeline of key dates related to the Proposition 47 Cohort 4 Grant Program.

Activity Tentative TimelineRelease Request for Proposals April 12, 2024 Optional “Letter of Intent to Apply” Due May 10, 2024Rater Panel Recruitment and Formation April to June 2024Grant Information Session for Prospective Applicants April 30, 2024Proposals Due to the BSCC June 10, 2024Proposal Rating Process and Development of Funding Recommendations June to August 2024BSCC Board Considers Funding Recommendation September 12, 2024Grant Period Begins October 1, 2024Mandatory New Grantee Orientation TBD, October or November 2024Grant Service Period Ends March 31, 2028Final Evaluation Report and Audit Report Due and Grant End Date June 30, 2028 86 PART II, Page | 27
The following section contains pertinent information on how to complete the Proposition 47 Grant Proposal Package. The proposal and all required attachments are provided on the BSCC Proposition 47 website. , Data-Driven and Innovative Strategies Proposal Narrative and Budget Instructions
The five rating factors will be addressed in two separate parts, the Proposal Narrative and the Proposal Budget Section, as shown here:

Section Rating Factors Percent of Total Value Addressed in:
1 Project Need 25%
Proposal Narrative
2 Community Engagement 15% 3 Project Description 30% 4 Data Collection and Evaluation 15% 5 Project Budget 15% Budget Attachment (Excel Attachment) Proposal Narrative Instructions Applicants will complete the Proposal Narrative by accessing the BSCC Submittable Application Portal (see Submittable Instructions on page 2) and responding to a series of prompts. The Proposal Narrative section must address Rating Factors 1-4, as listed in the table above. Within each section, address the Rating Criteria (pages 29-33) in a cohesive, comprehensive narrative format. Within the Proposal Narrative, each Rating Factor has a character limit as shown below:

Rating Factor Total Characters Microsoft Word Equivalent* 1 Project Need 8,948 Up to four (4) pages 2 Community Engagement 6,711 Up to three (3) pages 3 Project Description 11,185 Up to five (5) pages 4 Data Collection and Evaluation 6,711 Up to three (3) pages PART II: PROPOSAL INSTRUCTIONS
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*Assumes text is in a Microsoft Word document in Arial 12-point font with one-inch margins on all four sides and at 1.5-line spacing. Character Counter The BSCC Submittable Application portal includes an automatically enabled character counter. This feature shows the number of characters used and the remaining number of characters before the limit is met. If the limit is exceeded, a red prompt will appear with the message "You have exceeded the character limit." The Submittable Application portal will not allow applicants to submit the Proposition 47 Cohort 4 Proposal Narrative until they comply with all character limit requirements. Bibliography Applicants may, but are not required to, include a bibliography containing citations, using either the Modern Language Association (MLA) or American Psychological Association (APA) style in the “OPTIONAL Bibliography” field on the BSCC Submittable Application page. The bibliography may not exceed 2,218 total characters (includes punctuation, numbers, spaces, and any text). In Microsoft Word, this is approximately one (1) page in Arial 12-point font with one-inch margins on all four sides and at 1.5-line spacing. Required Attachments In addition to the Proposal Narrative, the following attachments, located on the BSCC Proposition 47 website, must be completed and uploaded in the identified fields in the BSCC Submittable portal at the time of submission (except for Attachment G, see below):
x Proposition 47 Cohort 4 Work Plan (Attachment H) x Proposition 47 Local Advisory Committee Membership Roster (Attachment E) x Proposition 47 Local Advisory Committee Letter of Agreement (Attachment F) x Budget Attachment (Project Budget Table and Budget Narrative) x Criteria for Non-Governmental Organizations Receiving BSCC Grant Subawards (Appendix B)
x Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Appendix C)
x Governing Board Resolution – Sample (not required at time of submission; however, must be submitted if awarded grant funds) (Attachment G) Note: Letters of general support from individuals not actually working on the grant project (i.e., from elected officials, community members, etc.) will not be accepted. If these are uploaded to Submittable, they will be discarded. 87 PART II, Page | 29
Proposal Narrative Rating Factors Section 1: Project Need (Percent Value – 25%) Within this section, address the criteria that defines the Project Need Rating Factor (see table below) in a cohesive, comprehensive, and concise narrative format.

Project Need: The applicant described a community need that is pertinent to the intent of the grant program. The elements that comprise the Rating Factor are listed below. Addressing each element does not in itself merit a high rating; rather, although each element is to be addressed (when applicable), it is the quality of the response to each that will be evaluated. The response will be evaluated with a single rating based on a scale of 0-5.

1.1 Identify and describe the need to be addressed by the Proposition 47 program. Include:
x Quantitative and qualitative data to support the need, x Gaps in services that contribute to the need, and x Citations of data sources.

1.2 Identify and describe the target population. The description should:
x Demonstrate that the target population is measurable, x How it correlates to the need, x Include quantitative and qualitative data to support the description, andx Include citations of data sources.

1.3 Describe the steps that will be taken to address the needs of underserved populations in the community, including disparities based on race, ethnicity, gender, sexual orientation, immigration status, etc.

1.4 Describe how the need(s) and target population align with the intent of Proposition 47 (see Attachment A).

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Section 2: Community Engagement (Percent Value – 15%)
Within this section address the criteria that defines the Community Engagement Rating Factor (see table below) in a cohesive, comprehensive, and concise narrative format.

Community Engagement: The applicant provided a description of the community engagement process that is related to the need(s) and intent of the grant. The elements that comprise the Rating Factor are listed below. Addressing each element does not in itself merit a high rating; rather, although each element is to be addressed, it is the quality of the response to each that will be evaluated. The response will be evaluated with a single rating based on a scale of 0-5.

2.1 The Proposition 47 Local Advisory Committee Membership Roster (Attachment E), as is the Letter of Agreement (Attachment F) signed by all members. The make-up of the committee should:
x Include a diverse group of stakeholders and other interested parties, and x Reflect the make-up and culture of the community and identified need.

2.2 Describe the engagement process used to solicit membership to the Proposition 47 Local Advisory Committee. The description should address:
x How input was obtained from a cross-section of stakeholders and other interested parties,
x How and why certain community partners were selected, andx Steps taken to ensure the process was fair, inclusive, comprehensive, and transparent.

2.3 Describe the process of ensuring the Proposition 47 Local Advisory Committee meetings are sufficiently noticed, accessible to the public and include opportunities for participation. 88 PART II, Page | 31
Section 3: Project Description (Percent Value – 30%) Within this section address the criteria that defines the Project Description Rating Factor (see table below) in a cohesive, comprehensive, and concise narrative format.

Project Description: The applicant provided a description of the project that is related to the need(s) and intent of the grant. The elements that comprise the Rating factor are listed below. Addressing each element does not in itself merit a high rating; rather, although each element is to be addressed, it is the quality of the response to each that will be evaluated. The response will be evaluated with a single rating based on a scale of 0-5.

3.1 Describe the proposed program goals, objectives and impacts that includes the relationship to the need and intent of the Prop 47 program. In addition:
x Complete the Project Work Plan (Attachment H), identifying the top three goals and objectives of the project and how these will be achieved in terms of the activities, responsible staff/partner agencies, outcome measures, data sources and start and end dates.

3.2 Describe how the target population will be identified according to the following criteria:
x Referral process, x Risk/needs assessments, and x Having a mental health or substance use disorder need.

3.3 Describe the types of service, sources of service, and method of delivery that will be made available to the target population, including:
x The plan for selecting the types and kinds of services to be provided to each participant (e.g., risk and needs assessments).
x The projected number of the target population to be served and a plan for ensuring that individuals who have been most impacted by Proposition 47, with an emphasis on racial and ethnic disparities, receive the proposed services. x How the services will be delivered, including length and duration. x How the design and implementation plan of the project demonstrates value in community partnerships and collaboration.
x The roles, responsibilities and activities of the case managers, system navigators or other staff delivering services.

3.4 Describe how the service delivery approach:
x Is culturally competent and responsive, trauma-informed, gender responsive, and provides for accessibility,
x Advances principles of Restorative Justice, and x Acknowledges and addresses known barriers to serving target populations.

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Section 3: Project Description (continued)

3.5 Describe the process used to determine who will provide services, including:
x How providers address the needs and interests of the target population x How the providers’ administration (staff, leadership, etc.) involves people with lived experience, have been system impacted, or have varying educational levels and life experiences.

3.6 Describe the plan to minimize start-up time so that services can be delivered as soon as possible.3.7 Describe how the project meets the spirit and intent behind the statute and the Proposition 47 Guiding Principles.3.8 If your agency plans to leverage outside funds, include a brief description of which “other federal, state, and local funds or other social investments” will be leveraged and how they will contribute toward the success of the proposed project. If you do not plan to leverage outside funds, explain why.
89 PART II, Page | 33
Section 4: Project Evaluation and Monitoring (Percent Value – 15%)Within this section, address the criteria that define the Project Evaluation and Monitoring Rating Factor (see table below) in a cohesive, comprehensive, and concise narrative format.

Project Evaluation and Monitoring: The applicant described how it will monitor and evaluate the effectiveness of the proposed project. The elements that comprise the Rating Factor are listed below. Addressing each element does not in itself merit a high rating; rather, although each element is to be addressed, it is the quality of the response to each that will be evaluated. The response will be evaluated with a single rating based on a scale of 0-5.

4.1 Describe the plan to determine the staff and/or entity that will conduct the project evaluation and how monitoring activities to ensure that interventions are implemented as intended will be incorporated in the various phases of the project; for example, start-up, implementation, service delivery period, etc.

4.2 Identify the process and outcome measures that are quantifiable and in line with the intent of Proposition 47, the proposed project, and the goals and objectives listed in the Work Plan. Recidivism, as defined by the BSCC, must be included as an outcome measure.

4.3 Describe the preliminary research plan for how the applicant will collect and evaluate baseline and outcome data related to the process and outcome indicators identified in 4.2. Describe a plan for entering into data sharing agreements, including agreements to obtain recidivism data.

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Proposal Budget Instructions As part of the application process, applicants are required to complete and upload a Proposal Budget with Budget Narrative (“Proposition 47 Budget Attachment”) in the identified field on the BSCC Submittable Application portal. The Proposition 47 Budget Attachment (an Excel workbook) is provided on the BSCC Proposition 47 website. x Detailed instructions for completing the Budget Attachment are listed in the Instructions tab of the Excel workbook.
x Remember: Grantees are required to budget a minimum of 5 percent (or $50,000, whichever is greater), but not more than 10 percent, of the total grant funds requested in the Data Collection and Evaluation budget category.

Applicants are solely responsible for the accuracy and completeness of the information entered in the Budget Attachment. All project costs must be directly related to the objectives and activities in the project. Do not submit an annual budget; the grant funds requested in the Budget Attachment must cover the entire grant period. Generally, once an award is approved by the Board, the proposed budget becomes the approved grant budget and will be incorporated in the Standard Grant Agreement. However, applicants should be aware that budgets will be subject to review and approval by the BSCC staff to ensure all proposed costs listed within the Proposal Budget are allowable and eligible for reimbursement. In these situations, the revised grant budget will be used for the Grant Agreement. For additional guidance related to grant budgets, refer to the July 2023 BSCC Grant Administration Guide.Proposal Budget Rating Factor The following items are rated as part of this section and must be addressed by the applicant in the Budget Attachment. Section 5: Budget Attachment (Percent Value – 15%) Proposal Budget: The applicant provided a complete Budget Attachment (Budget Table with Budget Narrative) for the proposed project. The elements against which the Budget Attachment will be rated are listed below. Addressing each element does not itself merit a high rating; rather, although each element is to be addressed, it is the quality of the response to each that will be evaluated. The response will be evaluated with a single rating based on a scale of 0-5.5.1 Provide complete and detailed budget information in each section of the Proposition 47 Budget Attachment that includes:
x A brief explanation supporting each expense. x Expenses that are appropriate for the project’s goals and planned activities.

5.2 In the “Leveraged Funds” column, show outside funds if any, including “other federal, state, and local funds or other social investments” that you plan to include as a part of the proposed grant project. 90 PART III, Page | 35
This section includes the following Attachments and Appendices:
x Attachment A: Proposition 47 Ballot Measure (reference only) x Attachment B: Assembly Bill 1056 (2015) (reference only) x Attachment C: Proposition 47 Cohort 3 Grantees (reference only) x Attachment D: Glossary of Key Terms (reference only) x Attachment E: Proposition 47 Local Advisory Committee Membership Roster (REQUIRED)
x Attachment F: Proposition 47 Local Advisory Committee Letter of Agreement, signed by all members (REQUIRED)
x Attachment G: Sample Governing Board Resolution (optional at time of submission; however, must be submitted if grant funds are awarded)
x Attachment H: Proposition 47 Project Work Plan (REQUIRED) x Appendix A: Proposition 47 Executive Steering Committee Roster (reference only) x Appendix B: Criteria for Non-Governmental Organizations Receiving BSCC Grant Subawards (REQUIRED)
x Appendix C: Certification of Compliance with BSCC Policies Regarding Debarment, Fraud, Theft, and Embezzlement (REQUIRED)
PART III: ATTACHMENTS and APPENDICES
PART III, Page | 36
Attachment A: Proposition 47 Ballot Measure
Proposition 47 – In Pertinent Part THE SAFE NEIGHBORHOODS AND SCHOOLS ACT SEC. 4. Chapter 33 (commencing with Section 7599) is added to Division 7 of Title 1 of the Government Code, to read: Chapter 33. Creation of Safe Neighborhoods and Schools Fund 7599. (a) A fund to be known as the “Safe Neighborhoods and Schools Fund” is hereby created within the State Treasury and, notwithstanding Section 13340 of the Government Code, is continuously appropriated without regard to fiscal year for carrying out the purposes of this chapter. (b) For purposes of the calculations required by Section 8 of Article XVI of the California Constitution, funds transferred to the Safe Neighborhoods and Schools Fund shall be considered General Fund revenues which may be appropriated pursuant to Article XIII B. 7599.1. Funding Appropriation. (a) On or before July 31, 2016, and on or before July 31 of each fiscal year thereafter, the Director of Finance shall calculate the savings that accrued to the state from the implementation of the act adding this chapter (“this act”) during the fiscal year ending June 30, as compared to the fiscal year preceding the enactment of this act. In making the calculation required by this subdivision, the Director of Finance shall use actual data or best available estimates where actual data is not available. The calculation shall be final and shall not be adjusted for any subsequent changes in the underlying data. The Director of Finance shall certify the results of the calculation to the Controller no later than August 1 of each fiscal year.
(b) Before August 15, 2016, and before August 15 of each fiscal year thereafter, the Controller shall transfer from the General Fund to the Safe Neighborhoods and Schools Fund the total amount calculated pursuant to subdivision (a). c) Moneys in the Safe Neighborhoods and Schools Fund shall be continuously appropriated for the purposes of this act. Funds transferred to the Safe Neighborhoods and Schools Fund shall be used exclusively for the purposes of this act and shall not be subject to appropriation or transfer by the Legislature for any other purpose. The funds in the Safe Neighborhoods and Schools Fund may be used without regard to fiscal year. 7599.2. Distribution of Moneys from the Safe Neighborhoods and Schools Fund. (a) By August 15 of each fiscal year beginning in 2016, the Controller shall disburse moneys deposited in the Safe Neighborhoods and Schools Fund as follows:
(1) TwentyǦfive percent to the State Department of Education, to administer a grant program to public agencies aimed at improving outcomes for public school pupils in kindergarten and grades 1 to 12, inclusive, by reducing truancy and supporting students who are at risk of dropping out of school or are victims of crime. (2) Ten percent to the California Victim Compensation and Government Claims Board, to make grants to trauma recovery centers to provide services to victims of crime pursuant to Section 13963.1 of the Government Code. (3) SixtyǦfive percent to the Board of State and Community Corrections, to administer a grant program to public agencies aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system, with an emphasis on programs that reduce recidivism of people convicted of less serious crimes, such as those covered by this measure, and those who have substance abuse and mental health problems. (b) For each program set forth in paragraphs (1) to (3), inclusive, of subdivision (a), the agency responsible for administering the programs shall not spend more than 5 percent of the total 91 PART III, Page | 37
funds it receives from the Safe Neighborhoods and Schools Fund on an annual basis for administrative costs. (c) Every two years, the Controller shall conduct an audit of the grant programs operated by the agencies specified in paragraphs (1) to (3), inclusive, of subdivision (a) to ensure the funds are disbursed and expended solely according to this chapter and shall report his or her findings to the Legislature and the public. (d) Any costs incurred by the Controller and the Director of Finance in connection with the administration of the Safe Neighborhoods and Schools Fund, including the costs of the calculation required by Section 7599.1 and the audit required by subdivision (c), as determined by the Director of Finance, shall be deducted from the Safe Neighborhoods and Schools Fund before the funds are disbursed pursuant to subdivision (a). (e) The funding established pursuant to this act shall be used to expand programs for public school pupils in kindergarten and grades 1 to 12, inclusive, victims of crime, and mental health and substance abuse treatment and diversion programs for people in the criminal justice system. These funds shall not be used to supplant existing state or local funds utilized for these purposes. (f) Local agencies shall not be obligated to provide programs or levels of service described in this chapter above the level for which funding has been provided.

PART III, Page | 38
Attachment B: Assembly Bill 1056 (2015)
[Approved by Governor October 02, 2015. Filed with Secretary of State October 02, 2015.] AB 1056, Atkins. Second Chance Program.
(1) Existing law, until January 1, 2020, establishes the Social Innovation Financing Program, and requires the Board of State and Community Corrections to administer the program. Existing law, among other things, authorizes the board, upon appropriation of funds by the Legislature for deposit into the Recidivism Reduction Fund, to award grants in amounts of not less than $500,000 and not more than $2,000,000 to each of 3 counties, selected as specified, for the purpose of entering into a pay for success or social innovation financing contract, pursuant to which private investors agree to provide financing to service providers to achieve social outcomes agreed upon in advance and the government agency that is a party to the contractual agreement agrees to pay a return on the investment to the investors if successful programmatic outcomes are achieved by the service provider. Existing law limits the total amount of the grants awarded to $5,000,000. Existing law requires each county receiving an award to report annually to the Governor and Legislature on the status of its program. Existing law requires the board to compile the county reports and submit a summary report to the Governor and the Legislature annually. This bill would extend the operation of that program and the reporting requirements until January 1, 2022. This bill would also require the board to administer a competitive grant program that focuses on community-based solutions for reducing recidivism. The bill would establish minimum criteria for the grant program and would require the board to establish an executive steering committee, as specified, to make recommendations regarding the design, efficacy, and viability of proposals and to make recommendations on guidelines for the submission of proposals for the grant program, including threshold or scoring criteria, or both. Among other things, the bill would require those guidelines to prioritize proposals that advance principles of restorative justice while demonstrating a capacity to reduce recidivism, and that leverage certain other federal, state, and local funds or social investments. The bill would define recidivism, for the purposes of these provisions, as a conviction of a new felony or misdemeanor committed within 3 years of release from custody or committed within 3 years of placement on supervision for a previous criminal conviction. (2) The Safe Neighborhoods and Schools Act establishes within the State Treasury the Safe Neighborhoods and Schools Fund to receive moneys transferred from the General Fund in an amount equal to the savings resulting from the implementation of the act, as specified. The act requires that 65% of the moneys in the Safe Neighborhoods and Schools Fund be allocated the Board of State and Community Corrections to administer a grant program to public agencies aimed at supporting specified types of programs, including diversion programs, for people in the criminal justice system with an emphasis on programs that reduce recidivism, as specified. This bill would create the Second Chance Fund in the State Treasury for the purpose of funding the above-described recidivism reduction program. The bill would require the Controller, upon order of the Director of Finance, to transfer the moneys available to the Board of State and Community Corrections from the Safe Neighborhoods and Schools Fund into the Second Chance Fund. The bill would also authorize the Second Chance Fund to receive moneys from any other federal, state, or local grant, or from any private donation. The bill would prohibit the board from using the moneys in the fund to supplant existing programs and from spending more than 5% per year of the total moneys in the fund for administrative purposes. The bill would require the board to administer these provisions, and moneys in the fund would be continuously appropriated to the board for expenditure for these purposes. By creating a continuously appropriated fund, this bill would make an appropriation. 92 PART III, Page | 39
(3) The Safe Neighborhoods and Schools Act provides that its provisions may be amended by a statute, passed by a 2/3 vote of each house of the Legislature and signed by the Governor, that is consistent with and furthers the intent of the act. This bill would declare that its provisions further the intent of the Safe Neighborhoods and Schools Act. BILL TEXT THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following:
(a) California voters approved Proposition 47, known as the Safe Neighborhoods and Schools Act of 2014. The measure was enacted to ensure that prison spending is focused on violent and serious offenses, to maximize alternatives for nonviolent and nonserious crime, and to invest the resulting savings into prevention and support programs. (b) Research has shown that people in the criminal justice system disproportionately suffer from mental health issues and substance use disorders. Nationally, over one-half of all people in prisons or jails have experienced a mental health issue within the last year, and over one-half of women and 44 percent of men in jail have a drug or alcohol dependency. (c) People in the criminal justice system and formerly incarcerated individuals have difficulty securing housing and employment following their incarceration. These challenges are compounded for people living with mental health issues or substance use disorders. As a result, many formerly incarcerated people, especially those with mental health issues or substance abuse disorders experience homelessness. Experiencing homelessness greatly increases the likelihood that a formerly incarcerated person will recidivate. (d) Offering people in the criminal justice system and formerly incarcerated individuals meaningful access to mental health services, substance use treatment services, housing, housingrelated job assistance, job skills training, and other community-based supportive services has been shown to decrease the likelihood of future contact with law enforcement and the criminal justice system. (e) Prioritizing the state savings realized by the implementation of the Safe Neighborhoods and Schools Act of 2014 for projects that combine mental health services, substance use treatment services, housing, housing-related job assistance, job skills training, and other community-based supportive services will help the state meaningfully reduce recidivism. (f) By prioritizing projects that offer comprehensive interventions, the Legislature intends for public agencies, nonprofits, and other community-based providers of services to people in the criminal justice system and formerly incarcerated individuals to leverage additional federal, state, and local funds for social investment resources. (g) The Legislature intends to promote the use of restorative justice principles in addressing recidivism. SEC. 2. Section 97013 of the Government Code is amended to read: 97013. (a) Each county receiving an award shall report annually to the board on the status of its ongoing social innovation financing program. The report shall also contain an accounting of the moneys awarded.

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(b) The board shall compile the county reports and submit a summary report to the Governor and Legislature annually.
(c) A report made pursuant to this section shall be made in accordance with the requirements of Section 9795.
(d) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. SEC. 3. Section 97015 of the Government Code is amended to read: 97015. This title shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. SEC. 4. Article 5 (commencing with Section 6046) is added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read: Article 5. Second Chance Program 6046. (a) The purpose of this article is to build safer communities by investing in community-based programs, services, and initiatives for formerly incarcerated individuals in need of mental health and substance use treatment services. (b) The program established pursuant to this article shall be restricted to supporting mental health treatment, substance use treatment, and diversion programs for persons in the criminal justice system, with an emphasis on programs that reduce recidivism of persons convicted of less serious crimes, such as those covered by the Safe Neighborhoods and Schools Act of 2014, and those who have substance use and mental health problems. (c) The Board of State and Community Corrections shall administer a grant program established pursuant to this article. 6046.1. For the purposes of this article, the following definitions shall apply:
(a) “Board” means the Board of State and Community Corrections. (b) “Fund” means the Second Chance Fund established pursuant to Section 6046.2.
(c) “Public agency” means a county, city, whether a general law city or a chartered city, or city and county, the duly constituted governing body of an Indian reservation or rancheria, a school district, municipal corporation, district, political subdivision, or any board, commission, or agency thereof, entities that are legislative bodies of a local agency pursuant to subdivision (c) or (d) of Section 54952 of the Government Code, a housing authority organized pursuant to Part 2 (commencing with Section 34200) of Division 24 of the Health and Safety Code, a state agency, public district, or other political subdivision of the state, or any instrumentality thereof, which is authorized to engage in or assist in the development or operation of housing for persons and families of low or moderate income. (d) “Recidivism” means a conviction of a new felony or misdemeanor committed within three years of release from custody or committed within three years of placement on supervision for a previous criminal conviction. 93 PART III, Page | 41
6046.2.
(a) The Second Chance Fund is hereby created in the State Treasury. The board shall be responsible for administering the fund. Moneys in the fund are hereby continuously appropriated without regard to fiscal year for the purposes of this article. (b) (1) The Controller, upon order of the Director of Finance, shall transfer moneys available to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 of the Government Code into the Second Chance Fund. (2) The Second Chance Fund may receive moneys from any other federal, state, or local grant, or from any private donation or grant, for the purposes of this article. (c) The board shall not spend more than 5 percent annually of the moneys in the fund for administrative costs. 6046.3.
(a) The board shall administer a competitive grant program to carry out the purposes of this article that focuses on community-based solutions for reducing recidivism. The grant program shall, at minimum, do all of the following:
(1) Restrict eligibility to proposals designed to serve people who have been arrested, charged with, or convicted of a criminal offense and have a history of mental health or substance use disorders. (2) Restrict eligibility to proposals that offer mental health services, substance use disorder treatment services, misdemeanor diversion programs, or some combination thereof. (3) Restrict eligibility to proposals that have a public agency as the lead applicant. (b) The board shall form an executive steering committee that includes, but is not limited to, a balanced and diverse membership from relevant state and local government entities, communitybased treatment and service providers, and the formerly incarcerated community. The committee shall have expertise in homelessness and housing, behavioral health and substance abuse treatment, and effective rehabilitative treatment for adults and juveniles. The committee shall make recommendations regarding the design, efficacy, and viability of proposals, and make recommendations on guidelines for the submission of proposals, including threshold or scoring criteria, or both, that do all of the following:
(1) Prioritize proposals that advance principles of restorative justice while demonstrating a capacity to reduce recidivism.
(2) Prioritize proposals that leverage other federal, state, and local funds or other social investments, such as the following sources of funding:
(A) The Drug Medi-Cal Treatment Program (22 Cal. Code Regs. 51341.1, 51490.1, and 51516.1). (B) The Mental Health Services Act, enacted by Proposition 63 at the November 2, 2004, general election, as amended. (C) Funds provided for in connection with the implementation of Chapter 15 of the Statutes of 2011. (D) The Community Corrections Performance Incentives Act (Stats. 2009, Ch. 608; Chapter 3 (commencing with Section 1228) of Title 8 of Part 2). (E) The tax credits established pursuant to Sections 12209, 17053.57, and 23657 of the Revenue and Taxation Code. (F) The federal Department of Housing and Urban Development funds, such as the Emergency Solutions Grant program (42 U.S.C. Sec. 11371 et seq.).

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(G) The federal Department of Veterans Affairs Supportive Services for Veteran Families program (38 U.S.C. Sec. 2044). (H) Social Innovation Funds established by the Corporation for National and Community Service pursuant to Section 12653k of Title 42 of the United States Code. (I) The Edward Byrne Memorial Justice Assistance Grant Program (42 U.S.C. Sec. 3750 et seq.). (3) Prioritize proposals that provide for all of the following: (A) Mental health services, substance use disorder treatment services, misdemeanor diversion programs, or some combination thereof.
(B) Housing-related assistance that utilizes evidence-based models, including, but not limited to, those recommended by the federal Department of Housing and Urban Development. Housingrelated assistance may include, but is not limited to, the following:
(i) Financial assistance, including security deposits, utility payments, moving-cost assistance, and up to 24 months of rental assistance.
(ii) Housing stabilization assistance, including case management, relocation assistance, outreach and engagement, landlord recruitment, housing navigation and placement, and credit repair. (C) Other community-based supportive services, such as job skills training, case management, and civil legal services.
(4) Prioritize proposals that leverage existing contracts, partnerships, memoranda of understanding, or other formal relationships to provide one or more of the services prioritized in paragraph (3). (5) Prioritize proposals put forth by a public agency in partnership with a philanthropic or nonprofit organization.
(6) Prioritize proposals that promote interagency and regional collaborations. (7) Consider ways to promote services for people with offenses identical or similar to those addressed by the Safe Neighborhoods and Schools Act of 2014, without precluding assistance to a person with other offenses in his or her criminal history. (8) Consider geographic diversity. (9) Consider appropriate limits for administrative costs and overhead. (10) Consider proposals that provide services to juveniles. (11) Permit proposals to expand the capacity of an existing program and prohibit proposals from using the fund to supplant funding for an existing program. SEC. 5. The Legislature finds and declares that this act furthers the intent of the Safe Neighborhoods and Schools Act enacted by Proposition 47 at the November 4, 2014, general election. 94 PART III, Page | 43
Attachment C: Proposition 47 Cohort 3 Grantees
The following Public Agencies are current Proposition 47 Cohort 3 Grantees and are INELIGIBLE to apply for Proposition 47 Cohort 4 Grant Funds:

Alameda County Health Care Services AgencyContra Costa County Office of the Public Defender Corona-Norco Unified School District Kern County Behavioral Health & Recovery ServicesLos Angeles, City of, City Attorney's OfficeLos Angeles, City of, Mayor's Office of Economic OpportunityLos Angeles County – All County Public Agencies*Merced County Probation DepartmentMonterey County Health DepartmentPasadena, City of, Public Health DepartmentPlacer County Health & Human ServicesSan Diego County Chief Administrative Office San Francisco Department of Public Health Santa Barbara County Department of Behavioral WellnessSanta Clara County Behavioral Health Services DepartmentSanta Cruz County Probation DepartmentSiskiyou County Health and Human Services AgencySolano County Department of Health & Social Services Tehama County Department of EducationYolo County Health & Human Services Agency *While LA County public agencies are ineligible, city public agencies and non-county public agencies within Los Angeles County are eligible. Please contact the BSCC with questions.

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Attachment D: Glossary of Key Terms
Behavioral Health Services The promotion of mental health, resilience, and wellbeing; the treatment of mental and substance use disorders; and the support of those who experience and/or are in recovery from these conditions, along with their families and communities. Case Management A collaborative process which assesses, plans, implements, coordinates, monitors, and evaluates the options and services required to meet an individual's health needs, using communications and available resources to promote quality, cost effective outcomes4.

Community Defined Practices
A set of practices that communities have used and determined by community consensus over time, and which may or may not have been measured empirically but have reached a level of acceptance by the community (Martinez, 2008). CDE practices are bottomup/ground-up practices that come from the community and the organizations or providers who serve them. Unlike most EBPs, CDE practices are developed specifically to address the unmet needs and strengths of a cultural group; they are rooted in the community’s worldview and its historical and social contexts (Community Defined Evidence Project [CDEP] Preliminary Quantitative and Qualitative Findings, 2009). CDEPs often incorporate cultural activities, cultural education, and exploration of strengths and skill development, rather than focusing solely or primarily on symptoms and health challenges (Swart, Friesen, Holman, & Aue, 2009) 5.

Cultural Competence
Cultural competency is a developmental process in which one achieves increasing levels of awareness, knowledge, and skills along a continuum, improving one’s capacity to work and communicate effectively in cross-cultural situations. Strategies for practicing cultural competency include:
x Learning about your own and others’ cultural identitiesx Combating bias and stereotypes x Respecting others’ beliefs, values, and communication preferences x Adapting your services to each patient’s unique needsx Gaining new cultural experiences Cultural Humility
Cultural humility is a reflective process of understanding one’s biases and privileges, managing power imbalances, and maintaining a stance that is open to others in relation to aspects of their cultural identity that are most important to them6.

Strategies for practicing cultural humility include:
x Practicing self-reflection, including awareness of your beliefs, values, and implicit biases
x Recognizing what you don’t know and being open to learning as much as you can 4 Source: Case Management Society of America 5 https://cars-rp.org/_MHTTC/docs/CDE-Evaluation-Resource-Compendium-PS-MHTTC.pdf6 https://thinkculturalhealth.hhs.gov/assets/pdfs/resource-library/clas-clc-ch.pdf 95 PART III, Page | 45
x Being open to other people’s identities and empathizing with their life experiences o Acknowledging that the patient is their own best authority, not you o Learning and growing from people whose beliefs, values, and worldviews differ from yours
Crisis Residential Treatment Programs A short-term residential program that provides a less restrictive alternative hospitalization. Provides treatment for adults with mental health crisis that require 24-hour support in order to return to community living. Diversion Programs In the context of criminal law, diversion refers to diverting an individual out of the criminal justice system by having them complete a diversion program rather than be incarcerated or serve another alternative sentence. Criminal charges are typically dropped when an individual successfully completes a diversion program. The purpose of a diversion program is to effect rehabilitation while avoiding the stigma of a criminal conviction.

A diversion program allows the individual to avoid prosecution by completing various requirements for the program. These requirements could include:

1. Education aimed at preventing future offenses by the offender; 2. Restitution to victims of the offense; 3. Completion of community service hours; 4. Avoiding situations for a specified period of time in the future that may lead to committing another such offense.

Diversion programs are usually only available to individuals charged with misdemeanors and nonviolent felonies involving drugs or alcohol. In some jurisdictions, diversion may be available to individuals charged with domestic violence, child abuse or neglect, traffic-related offenses, or even writing bad checks. Diversion programs are primarily governed by state laws, which vary by state. Goals and Objectives Goals and objectives are terms in common use, sometimes used interchangeably because both refer to the intended results of program activities. Goals are longer-term than objectives, more broadly stated and govern the specific objectives to which program activities are directed. In proposals, goals are defined by broad statements of what the program intends to accomplish, representing the long-term intended outcome of the program7.

Examples of goal statements8:
x To reduce the number of serious and chronic juvenile offenders. x To divert nonviolent juvenile offenders from state juvenile correctional institutions. x To restore the losses suffered by the victims of crimes. 7 Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition). Retrieved from http://www.jrsa.org/njjec/publications/program-evaluation.pdf. See also New York State Division of Criminal Justice Services. A Guide to Developing Goals and Objectives for Your Program. Retrieved from http://www.criminaljustice.ny.gov/ofpa/goalwrite.htm. 8 Id. at p. 4.

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Objectives are defined by statements of specific, measurable aims of program activities9.

Objectives detail the tasks that must be completed to achieve goals10. Descriptions of objectives in the proposals should include three elements11:

1. Direction – the expected change or accomplishment (e.g., improve, maintain); 2. Timeframe – when the objective will be achieved; and

3. Target Population– who is affected by the objective.

Examples of program objectives12:
x By the end of the program, young, drug-addicted juveniles will recognize the longterm consequences of drug use. o To place eligible juveniles in an intensive supervision program within two weeks of adjudication to ensure offender accountability and community safety. x To ensure that juvenile offenders carry out all of the terms of the mediation agreements they have worked out with their victims by program completion.

Housing Models (Examples)
A. Bridge Housing
Transitional housing that is used as a short-term stay when an individual has been offered and accepted a permanent housing intervention, but access to that permanent housing is still being arranged. Source: Department of Veterans Affairs B. Housing First
An approach that centers on providing homeless people with housing quickly and then providing services as needed. What differentiates a Housing First approach from other strategies is that there is an immediate and primary focus on helping individuals and families quickly access and sustain permanent housing. This approach has the benefit of being consistent with what most people experiencing homelessness want and seek help to achieve. Housing First programs share critical elements. x There is a focus on helping individuals and families access and sustain rental housing as quickly as possible and the housing is not time-limited; x A variety of services are delivered primarily following a housing placement to promote housing stability and individual well-being;
x Such services are time-limited or long-term depending upon individual need; and
x Housing is not contingent on compliance with services – instead, participants must comply with a standard lease agreement and are provided with the services and supports that are necessary to help them do so successfully.

Source: National Alliance to End Homelessness
9 National Center for Justice Planning. Overview of Strategic Planning. Where Do We Want to Be? Goals and Objectives. Retrieved from http://ncjp.org/strategic-planning/overview/where-do-we-want-be/goals-objectives. 10 Id.; see supra fn 1. 11 Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition) p. 5. Retrieved from http://www.jrsa.org/njjec/publications/program-evaluation.pdf. 12 Id.
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C. Permanent Supportive Housing
Supportive housing is an evidence-based housing intervention that combines nontime-limited affordable housing assistance with wrap-around supportive services for people experiencing homelessness, as well as other people with disabilities. Research has proven that supportive housing is a cost-effective solution to homelessness, particularly for people experiencing chronic homelessness. Study after study has shown that supportive housing not only resolves homelessness and increases housing stability, but also improves health and lowers public costs by reducing the use of publicly funded crisis services, including shelters, hospitals, psychiatric centers, jails, and prisons.Source: U.S. Interagency Council on Homelessness D. Rapid Rehousing
Rapid re-housing is an intervention designed to help individuals and families quickly exit homelessness and return to permanent housing. Rapid re-housing assistance is offered without preconditions — like employment, income, absence of criminal
record, or sobriety
— and the resources and services provided are tailored to the unique needs of the household.
x Rapid re-housing has the following core components:
o Housing Identification o Recruit landlords to provide housing opportunities for individuals and families experiencing homelessness.
o Address potential barriers to landlord participation such as concern about short term nature of rental assistance and tenant qualifications. o Assist households to find and secure appropriate rental housing. o Rent and Move-In Assistance o Provide assistance to cover move-in costs, deposits, and the rental and/or utility assistance (typically six months or less) necessary to allow individuals and families to move immediately out of homelessness and to stabilize in permanent housing. o Rapid Re-Housing Case Management and Services o Help individuals and families experiencing homelessness identify and select among various permanent housing options based on their unique needs, preferences, and financial resources. o Help individuals and families experiencing homelessness address issues that may impede access to housing (such as credit history, arrears, and legal issues). o Help individuals and families negotiate manageable and appropriate lease agreements with landlords.
o Make appropriate and time-limited services and supports available to families and individuals to allow them to stabilize quickly in permanent housing. o Monitor participants’ housing stability and be available to resolve crises, at a minimum during the time rapid re-housing assistance is provided. o Provide or assist the household with connections to resources that help them improve their safety and well-being and achieve their long-term goals. This includes providing or ensuring that the household has access to resources related to benefits, employment, and community-based services PART III, Page | 48
(if needed and appropriate), so that they can sustain rent payments independently when rental assistance ends. o Ensure that services provided are client-directed, respectful of individuals’ right to self-determination, and voluntary. Unless basic program-related case management is required by statute or regulation, participation in services should not be required to receive rapid re-housing assistance. Source: U.S. Interagency Council on Homelessness E. Recovery Residence:

For the purposes of this section, “recovery residence” means a residential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports personal recovery from a substance use disorder and that does not require licensure by the department or does not provide licensable services. A recovery residence may include, but is not limited to, residential dwellings commonly referred to as “sober living homes,” “sober living environments,” or “unlicensed alcohol and drug free residences.” *** (HSC 11833.05. (c) F. Sober Living Homes
A supportive alcohol and drug free living environment for individuals attempting to maintain abstinence from alcohol or drugs in their life. Such programs do not mandate treatment but strongly encourage participation in 12-step support groups. These group living environments offer transitional space for people living incarceration, formal addiction treatment centers or other residential placement. They typically employ house rules which may include curfews, house chores or duties and other rules related to conduct. The participant is generally responsible for their rent and encouraged to work and engage in all other normal life functions from within a peersupported environment.

G. Transitional Housing
Transitional Housing: a project that is designed to provide housing and appropriate supportive services to homeless persons to facilitate movement to independent living. The housing is short-term, typically less than 24 months. In addition to providing safe housing for those in need, other services are available to help participants become self-sufficient. Source: U.S. Department of Housing and Urban Development Process Evaluation13
The purpose of the process evaluation is to assess how program activities are being carried out in accordance with goals and objectives. Process measures are designed to answer the question: “What is the program actually doing and is this what we planned it to do?” Examples of process measures could include:
x Project staff have been recruited, hired and trained according to the proposal. x Activities/strategies have been implemented on time according to the proposal. x Number of interagency agreements entered into by the program compared to the number planned.
13Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition) p. 7. Retrieved from http://www.jrsa.org/njjec/publications/program-evaluation.pdf. 97 PART III, Page | 49
x Number of trainings conducted. x Number of neighborhood meetings conducted.

Outcome Evaluation14
The purpose of the outcome evaluation is to identify whether the program “worked” in terms of achieving its goals and objectives. Outcome measures are designed to answer the question: “What results did the program produce?” Examples of outcome measures include:
x Results of pre/post surveys (e.g., changes in the reported confidence/trust in law enforcement among community members).
x Implementation of regular, ongoing community forums where law enforcement/community dialogue takes place.
x Changes in policies at the Lead Agency level to reflect procedural justice principles.

In an evidence-based practice approach, outcome evaluations must include not only the measures but also analysis of the extent to which the measured results can be attributed to the program rather than to coincidence or alternative explanations. Mental Health Services (Examples) x Outreach and Engagement x Precrisis and Crisis Services x Comprehensive Evaluation and Assessment. x Individual Service Plan x Medication Education and Management x Case Management x Twenty-four Hour Treatment Services x Rehabilitation and Support Services x Individual and Group Counseling x Day treatment programs x Collateral services x Peer support specialist services x Community health worker services x Vocational Rehabilitation x Inpatient and Residential Services, including adult residential, crisis residential, and peer residential services
Recidivism
Recidivism is defined as conviction of a new felony or misdemeanor committed within three years of release from custody or committed within three years of placement on supervision for a previous criminal conviction.15 Restorative Justice
Restorative practice is a social science that studies how to improve and repair relationships between people and communities. The purpose is to build healthy communities, increase 14 Id at pp. 7-8. 15 Pen. Code, § 6046.1 subd. (d). “Committed” refers to the date of offense, not the date of conviction.

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social capital, decrease crime and antisocial behavior, repair harm and restore relationships.16 Substance Use Disorder Treatment (Examples)
According to the Substance Abuse and Mental Health Services Administration, a treatment system for substance use disorders could be comprised of multiple service components, including, but not limited to the following:
x Individual and group counseling x Inpatient and residential treatment x Intensive outpatient treatment x Partial hospital programs x Narcotic treatment program/opioid treatment program x Contingency management x Case or care management x Medication x Recovery support services x 12-Step fellowship x Peer supports Other services that may qualify could include:
x Withdrawal management x Culturally rooted community healing practices Trauma-Informed Care17According to the Substance Abuse and Mental Health Services Administration, “A program, organization, or system that is trauma-informed:
x Realizes the widespread impact of trauma and understands potential paths for recovery;
x Recognizes the signs and symptoms of trauma in clients, families, staff, and others involved with the system;
x Responds by fully integrating knowledge about trauma into policies, procedures, and practices; and
x Seeks to actively resist re-traumatization
SAMHSA’s concept of trauma-informed care is guided by six key principles:
x Safety x Trustworthiness and transparency x Peer support x Collaboration and mutuality x Empowerment, voice, and choice x Cultural, historical, and gender issues 16 Braithwaite, John (2004-01-01). "Restorative Justice and De-Professionalization". The Good Society. 13 (1): 28–31. doi:10.1353/gso.2004.0023. ISSN 1538-9731. S2CID 143707224. 17 Substance Abuse and Mental Health Services Administration, U.S. Department of Health and Human Services. Trauma-informed Approach and Trauma-Specific Interventions. Retrieved July 22, 2016, from http://www.samhsa.gov/nctic/trauma-interventions 98 PART III, Page | 51
Attachment E: Proposition 47 Local Advisory Committee Membership Roster Required Attachment: Applicants will be prompted to upload this document from the BSCC Proposition 47 webpage to the BSCC Submittable Application Portal.

Lead Agency:

Individual Name Job Title Agency/Organization
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Required Attachment: Applicants will be prompted to upload this document from the BSCC Proposition 47 webpage to the BSCC Submittable Application Portal.

Note: This letter is to be signed by Lead Agency and all members of the Proposition 47 Local Advisory Committee. Photocopies of signatures and/or e-signatures are acceptable. Include additional signature lines as necessary. (Date) This is a letter of agreement between (Lead Agency) and all organizations listed herein for the purposes of applying for the Proposition 47 Grant. All organizations listed herein agree to participate on the local Proposition 47 Local Advisory Committee led by (Lead Agency) using a collaborative approach. This advisory body will, at a minimum, advise the Lead Agency on:
x How to identify and prioritize the most pressing needs to be addressed (to include target population, target area, etc.);
x How to identify the strategies, programs and/or services to be undertaken to address those needs;
x The development of the grant project; and x Ongoing implementation of the grant project. (Note: Applicants may provide additional information; e.g., explain the detail of collaboration, list the services or support, provide dates and timelines, etc.) Signed in mutual agreement, LEAD PUBLIC AGENCY SIGNATURE X___________________________ Signature Name, Title Name of Lead Agency Address PROPOSITION 47 LOCAL ADVISORY COMMITTEE MEMBER SIGNATURES X___________________________ X_________________________ Signature Signature Name, Title Name, Title Name of Partner Organization Name of Partner Organization Address Address Attachment F: Proposition 47 Local Advisory Committee Letter of Agreement 99 PART III, Page | 53
Attachment G: Sample Governing Board Resolution
Instructions: Before grant funds can be reimbursed, a prospective grantee must either (1) submit a resolution from its Governing Board that delegates authority to the individual authorized to execute the grant agreement or (2) provide sufficient documentation indicating that the prospective grantee has been vested with plenary authority to execute grant agreements (e.g., a municipal ordinance or county ordinance/charter delegating such authority to a city manager or county executive officer or other governing board resolution delegating authority). Below is assurance language that, at a minimum, must be included in the resolution submitted to the Board of State and Community Corrections.

A Governing Board Resolution does not have to be uploaded at the time of submission but must be submitted in order for the Grant Agreement to be executed.

WHEREAS the (insert name of Lead Agency) desires to participate in the Proposition 47 Grant administered by the Board of State and Community Corrections (hereafter referred to as BSCC). NOW, THEREFORE, BE IT RESOLVED that the (insert title of designated official) be authorized on behalf of the (insert name of Governing Board) to submit the grant proposal for this funding and sign the Grant Agreement with the BSCC, including any amendments thereof. BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body. BE IT FURTHER RESOLVED that the (insert name of Lead Agency) agrees to abide by the terms and conditions of the Grant Agreement as set forth by the BSCC. Passed, approved, and adopted by the (insert name of Governing Board) in a meeting thereof held on (insert date) by the following:

Ayes: Notes: Absent: Signature: _______________________________________ Date: _________________ Typed Name and Title: ___________________________________________________ ATTEST: Signature: _______________________________ Date: _________________ Typed Name and Title: _____________________________ PART III, Page | 54
Required Attachment: Applicants will be prompted to upload this document from the BSCC Proposition 47 webpage to the BSCC Submittable Application Portal.

Instructions: Applicants must complete a Project Work Plan, using the format below. Completed Project Work Plans should (1) identify the project’s top goals and objectives; (2) identify how the top goals will be achieved in terms of the activities, responsible staff/partners, and start and end dates; and (3) provide goals, objectives, and measures with a clear relationship to the need and intent of the grant. A minimum of three goals and corresponding objectives, process measures, etc. must be identified. (1) Goal: >Objectives (A., B., etc.)
>
Process Measures and Outcome Measures:
>
Project activities that support the identified goal and objectives:

Responsible staff/partners: Timeline
Start Date End Date
> > > > List data and sources to be used to measure outcomes: > (2) Goal: >Objectives (A., B., etc.) >
Attachment H: Proposition 47 Project Work Plan
100
PART III, Page | 55
Process Measures and Outcome Measures:
>
Project activities that support the identified goal and objectives:

Responsible staff/partners: Timeline
Start Date End Date
> > > > List data and sources to be used to measure outcomes: > (3) Goal: >Objectives (A., B., etc.) >
Process Measures and Outcome Measures:
>
Project activities that support the identified goal and objectives:

Responsible staff/partners: Timeline
Start Date End Date
> > > > List data and sources to be used to measure outcomes: > PART III, Page | 56
Proposition 47 Executive Steering Committee
Name Title / Organization
1 Gaard, Janet Retired Judge, BSCC Board Member, Chair2 Barnes-Lopez, Naomi Mental Health CSU, Orange County, Team Lead/Clinician II 3 Brooks, D’Andre The Children's Initiative, San Diego, Juvenile Justice Associate 4 Brown-Taylor, Christine San Diego County Sheriff's Department, Retired5 Cabrera, Michelle Behavioral Health Directors Association of CA, Sacramento, Executive Director 6 Dzubay, Jeremy Monterey County Public Defender's Office, Assistance Public Defender 7 Hanna, Sylvia Tulare County Superior Court, Judge8 Jenkins, Mack Council on Criminal Justice & Behavioral Health, Retired Probation Chief 9 Kuhns, Richard County of Trinity, County Administrative Office (CAO) 10 McClain, Kevin Community Housing Partnership, Sacramento, Exec Administrative Manager 11 Miramontes, Amber Tulare County Public Defender's office, Supervising Attorney 12 Villamil, Denise Southern California Crossroads, Executive Director 13 White, Dorothea Valley State Prison, CDCR, SSMI, Employee Relations officer Appendix A: Proposition 47 Executive Steering Committee Roster 101
PART III, Page | 57
Appendix B: Criteria for Non-Governmental Organizations Receiving BSCC Grant Subawards
Required Attachment: Applicants will be prompted to upload this document from the BSCC Proposition 47 webpage to the BSCC Submittable Application Portal.

Instructions: The form on the following page must be submitted with the proposal even if there are no plans to subcontract at the time of submission, or if the name of the subcontract party is unknown. In either of these cases, the applicant should write “N/A” in the Name of Subcontracted Party column and complete the signature box. A signature on this form provides an assurance to BSCC that the signing authority has read and acknowledged these terms. The Proposition 47 Request for Proposals (RFP) includes requirements that apply to nongovernmental organizations (NGOs)18 providing services with grant funds. Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving any Proposition 47 funds. The RFP describes these requirements as follows:

Any non-governmental organization that receives Proposition 47 grant funds (as either a direct grantee, subgrantee, or subcontractor) must:
x Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its Proposition 47 Grant Agreement with the BSCC or with the start date of the grantee’s subcontract agreement; o Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six (6) month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the Grant Agreement with the BSCC or the start date of the grantee’s subcontract agreement; x Be registered with the California Secretary of State’s Office, if applicable; x Be registered with the California Office of the Attorney General, Registry of Charitable Trusts, if applicable;
x Have a valid Employer Identification Number (EIN) or Taxpayer ID (if sole proprietorship); x Have a valid business license, if applicable; x Have no outstanding civil judgments or liens; and x Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable.

Completing the NGO Assurance

1. Provide the name of the Applicant Agency (the Grantee). 2. List all contracted parties (if known*). 3. Check Yes or No to indicate if each contracted part meets the requirements. 4. Sign and submit with the proposal. *Note: If the name of the contracted part is unknown, write TBD in the “Name of Contracted Party” field and sign the document. 18 Non-Governmental Organizations (NGOs) include community-based organizations, faith-based organizations, non-profit organizations/501(c)(3)s, for profit service providers, evaluators (except government institutions such as universities), grant management companies and any other non-governmental agency or individual. NOTE: These criteria do not apply to government organizations (e.g., counties, cities, school districts, etc.).

PART III, Page | 58
In addition to the administrative criteria listed above, any non-governmental, community-based organization that receives Proposition 47 grant funds must have a proven track record working with the target population and the capacity to support data collection and evaluation efforts. In the table below, provide the name of the Lead Public Agency (the Grantee) and list all contracted parties (if known). Grantees are required to update this list and submit it to BSCC any time a new third-party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the RFP. These records will be subject to the records and retention language found in the Standard Agreement. The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file. A signature below is an assurance that all requirements listed above have been met.

Proposition 47 Grant Program
Non-Governmental Organization Assurances
Name of Applicant:

Name of Subcontracted Party Address Email/Phone Meets All Requirements Yes տ No տYes տ No տYes տ No տYes տ No տ

AUTHORIZED SIGNATURE
This document must be signed by the person who is authorized to sign the Grant Agreement.

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS STREET ADDRESS CITY STATE ZIP CODE APPLICANT’S SIGNATURE (e-signature acceptable) DATE
x
102
PART III, Page | 59
Required Attachment: Applicants will be prompted to upload this document from the BSCC Proposition 47 webpage to the BSCC Submittable Application Portal It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to applicants that have been:

1. debarred by any federal, state, or local government entities during the period of debarment; or 2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.

BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation. By checking the following boxes and signing below, applicant affirms that:
[ ] I/We are not currently debarred by any federal, state, or local entity from applying for or receiving federal, state, or local grant funds. [ ] I/We have not been convicted of any crime involving theft, fraud, or embezzlement of federal, state, or local grant funds within the last three years. We will notify the BSCC should such debarment or conviction occur during the term of the Grant contract. [ ] I/We will hold subgrantees and subcontractors to these same requirements.

A grantee may make a request in writing to the Executive Director of the BSCC for an exception to the debarment policy. Any determination made by the Executive Director shall be made in writing.

Appendix C: Certification of Compliance with BSCC Policies Regarding Debarment, Fraud, Theft, and Embezzlement
AUTHORIZED SIGNATURE (This document must be signed by the person who is authorized to sign the Grant Agreement.)NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS STREET ADDRESS CITY STATE ZIP CODE APPLICANT’S SIGNATURE ((e-signature acceptable)) DATE X 103
The following information comprises the minutes for a regular meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.

MINUTES 2/25/2025

CITY COUNCIL REGULAR MEETING
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Robert Fisher, Acting City Manager
Laurie Sampson, Assistant City Manager
` John Pinkney, Interim City Attorney
Vickie Sellers, City Clerk
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Lincoln Bogard, Administrative Services Director
Art Vela, Director of Public Works
Barbara Mason, Purchasing Manager

1. CALL TO ORDER
Mayor Flynn called the regular meeting to order at 7:28 p.m.

1.1. Invocation – Pastor Preston Norman led the invocation.

1.2. Pledge of Allegiance

1.3. Roll Call
COUNCIL MEMBER PRESENT: ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 

2. AGENDA APPROVAL

2.1. Approve Agenda
Motion to approve the agenda, moving 9.2 to follow the consent agenda.

Motion by Council Member Wallace
Seconded by Council Member Miller
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COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

3. PRESENTATIONS

3.1 Proclamation - Procurement Month
Purchasing Manager, Barbara Mason, accepted the proclamation on behalf of her staff. She spoke to their role within the city and the importance of procurements professionals in organizations.

4. REPORT ON CLOSED SESSION
John Pinkney, Interim City Attorney, reported that:
• For agenda item 3.1, there was no reportable action.
• For agenda items 3.2 to 3.4, there was direction given to legal counsel with no final or reportable action.

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, CITY COUNCIL

COMMITTEE REPORTS, CITY MANAGER REPORT, AND CITY ATTORNEY REPORT

5.1. PUBLIC COMMENTS
The following individuals addressed City Council during Public Comment:
• Karen Woodard commented on behalf of the Morongo Band of Mission Indians, stating they were in support of the Banning Municipal Airport closure. She said the Tribe urged the council to move forward with the closure. • Stuart MacKenzie said that after the rain there was a persistent wet area. The City’s water department responded and corrected the leak in the pipe. He thanked the police for cleaning up along the railroad.
• Juanita Diaz commented that not all clean-ups should fall on the city. She said she thought the public should be able to do clean-ups with city equipment. She also mentioned starting a skating and bike-riding group. • Errol Ross spoke to cleaning up neighborhoods in the city. He commented on trash along the freeway and broken-down cars.

5.2. CORRESPONDENCE
There was one item of correspondence received and read into the record. • Kathleen Kretchman Thornton commented on the City Treasurer and city finances, the efficiency of City Council meetings, the City Manager’s leave and implications for the city, as well as the Acting City Manager. She stated concerns about the elimination of critical staff, the lack of direction of City Council, and the need for transparency.
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5.3. APPOINTMENTS
None

5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a meeting for Blue Zones that occurred in Banning. He said they would be focusing on the amount of liquor and tobacco stores in the city.

Mayor Pro Tem Royce had no report.

Council Member Barrington had no report.

Council Member Miller reported on the Blue Zones Summit, which discussed housing and safe routes to school in the community.

Mayor Flynn reported on a ribbon cutting, the Riverside County Transportation Commission (RCTC) annual workshop, and a Western Riverside County Council of Governments (WRCOG) meeting.

5.5. CITY MANAGER REPORT
Acting City Manager Robert Fisher shared a new email for graffiti. He said Code Enforcement is now under the control of Sergeant Vaca in the Police Department.

5.6. CITY ATTORNEY REPORT
Interim City Attorney Pinkney reminded the City Council of several procedural rules.

5.7. CITY TREASURER REPORT
City Treasurer Savage again requested her report be included in the meeting minutes in full. She said what was once a title is now a real role, thanking the Acting City Manager for her new office and city cell phone. She reported on several changes she had made and requested a City Council resolution allowing her to sign the city’s checks. She shared how to access the staff’s Transparency Portal to track all city finances.

6. CONSENT AGENDA

6.1 Approval of the Meeting Minutes for the February 11, 2025, City Council Meetings

6.2 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of January 2025

6.3 Receive and File Cash and Investments Report for the Month of January 2025

6.4 Receipts, Disbursements, & Fund Balances Reporting for Fiscal Year 2024-25, Periods 7, January 2025

6.5 Receive and File Police Department Statistics for the Month of January 2025

6.6 Receive and File Fire Protection Services Statistics for the Month of January 2025

6.7 Public Works Capital Improvement Project Tracking List

6.8 Receive and File Code Enforcement Statistics for the Month of January 2025

6.9 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports for January 2025

6.10 City Council Travel and Conference Expense Report Year to Date Through January 2025

6.11 Community Cleanup and Compost Giveaway Event Update Recommendation 106
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6.12 Consideration of Resolution 2025-24, Approving the Acceptance of the Distribution of the FY23 State Homeland Security Program (SHSP) Grant Award of $161,383

6.13 Consideration of Resolution 2025- 25, Approving an Agreement with Pyro Spectaculars, Inc. for Production of the Fourth of July Aerial Fireworks Display

6.14 Consideration of Resolution 2025-26, Approving a Short-Term Rental Agreement with Orlando Cobos for Use of City -Owned Property located at 150 East Ramsey Street in Banning for a series of Acrobatic Shows

6.15 Consideration of Resolution 2025-27, Approving Final Tract Maps 37389- 4, 37389-6, and 37389 and Release the Maps for Recordation; Authorize Staff to Sign the Subdivision Improvement Agreements and Final Tract Maps; Accept Faithful Performance and Labor Bonds for Public Improvements

6.16 Consideration of Resolution 2025-28, Approving a Sole Source Contract with Rick Engineering, Inc. for the Continuation of the Design of Ramsey Street Water Main Replacement in the Amount of $156,224.03
Public Comment
None
Motion to adopt consent agenda items 6.2 through 6.9, 6.11 through 6.12, and

6.14 through 6.16.

Motion by Mayor Pro Tem Royce
Seconded by Mayor Flynn

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.1 Approval of the Meeting Minutes for the February 11, 2025, City Council Meetings Administrative City Clerk Caroline Patton answered City Council questions.

Public Comment
None
Motion to approve the meeting minutes for February 11, 2025, with the amendment to item 5.1 changing one of the names from Laura to Linda (Pippenger).

Motion by Council Member Barrington
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
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Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.10 City Council Travel and Conference Expense Report Year to Date Through January 2025

Barbara Mason, Purchasing Manager, answered City Council questions. Mayor Flynn asked about missing charges in the report. Mason explained that the report is through January 31, 2025, and there is a lag between the charge being made and the entry into the financial system. Mayor Flynn made several suggestions for updating the report.

6.13 Consideration of Resolution 2025-25, Approving an Agreement with Pyro Spectaculars, Inc. for Production of the Fourth of July Aerial Fireworks Display Ralph Wright, Parks and Recreation Director, answered City Council questions.

Council Member Barrington asked about the event attendance and scope of the fireworks show (ground and aerial show components). Barrington asked what other funds are expended for the event and Wright reported it was about $38,000 total.

Public Comment
• Lynnea Hagen spoke in opposition to fireworks. She said the wind and fires are too risky. She suggested the city look into digital fireworks. • Frank Connolly said the event is well attended and one of the few city-led events. He suggested approval of the resolution.

Motion to adopt Resolution 2025-25.

Motion by Mayor Flynn
Seconded by Mayor Pro Tem Royce

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

9.2. Discussion of Next Steps in the Banning Electric Utility Financial Recovery Plan Lincoln Bogard, Administrative Services Director, and Art Vela, Director of Public Works, presented the staff report. Eric, a consultant, commented that the restructuring aspect is important to create a lower payment foundation to reduce the pressure on the ratepayer.
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Public Comment
• Frank Connolly commented on the options before Council. He said he thought the city should explore refinancing the bonds completely.

Council Member Barrington said she wanted to reduce the impacts on the ratepayer.

Staff explained Council had already approved the 13.9-percent increase and it had taken effect. Barrington said that although the rates were in place, no one had received a bill. She said she thought they should stick to what Council already agreed on because the timing (of another rate increase) was not good.

Staff explained they were seeking a consensus from the new Council.

Motion to approve Option 1.

Motion by Council Member Wallace
No second.

Motion to approve Option 2.

Motion by Mayor Flynn
No second.

Motion to approve Option 1.

Motion by Council Member Miller
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 3-2.

7. PUBLIC HEARING(S)
None

8. REPORTS OF OFFICERS

8.1 Consideration of Resolution 2025-29, Approving a Construction Agreement with Pacific Hydrotech Corporation for Project No. 2022-07W “M-12A Well Site Equipping and Improvements” in the Amount of $2,440,900 and Establishing a Total Project Budget of $2,684,990 and Rejecting All Other Bids
Art Vela, Director of Public Works, presented the staff report.

Public Comment
None
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Council Member Barrington asked about what the city would be responsible for financially. Vela explained a lot of the grant is already expended, explaining it was for both Phase 1 and Phase 2.

Motion to adopt Resolution 2025-29.

Motion by Council Member Wallace
Seconded by Mayor Pro Tem Royce

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

8.2 Consideration of Resolution 2025-30, Awarding a Progressive Design-Build Agreement for Phase 1 to AECOM Lyles JV for Project No. 2022-01W “Wastewater Treatment Plant and Recycled Water Upgrades” in the Amount of $3,998,627, and Approving a 10% Contingency for a Total Project Budget of $4,398,490 Art Vela, Director of Public Works, presented the staff report.

Council Member Royce asked about the use of brine beds. Council Member Barrington asked about the odor of the brine beds.

Public Comment
None
Motion to adopt Resolution 2025-30.

Motion by Council Member Miller
Seconded by Mayor Pro Tem Royce

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

9. DISCUSSION ITEM(S)

9.1 Zencity Contract Presentation, Discussion and Direction Lincoln Bogard, Administrative Services Director, explained that this item was under the purview of the City Manager, and he would not be giving the staff report. Mayor 110
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Flynn said they cannot discuss this without the contract, which was not attached, There was discussion about bringing this item back at a later date.

Public Comment
• Stuart MacKenzie said something like 40% of people don’t feel safe in Banning.

He said he felt the report was useless without the why or where.

Mayor Flynn reviewed her interactions with the program Zencity. She disagreed with a report it generated that stated residents were satisfied with the city’s utility services.

Council Member Barrington noted the community survey was almost a year old and the survey online has never been updated.

Motion to table this item.

Motion by Council Member Wallace
Seconded by Mayor Flynn

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

9.2 Discussion of Next Steps in the Banning Electric Utility Financial Recovery Plan Moved to immediately follow the consent agenda under agenda item 2.1.

9.3 Discussion of a City of Banning Fire Hydrant Maintenance Program Art Vela, Director of Public Works, presented the staff report.

Council Member Miller asked if the new installations included an emergency shut off.

Vela confirmed there was a check valve that would engage in case of a car accident.

Mayor Flynn asked the distance the hydrants were allowed to be placed and Vela speculated it was 200-250 feet. Flynn asked if the city used a color-coded tagging system for hydrants and Vela responded that it does not.

Public Comment
None

10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS
Council Member Wallace, Council Member Miller and Council Member Barrington all announced their upcoming Town Hall Meetings.

Mayor Flynn said she had been invited to speak at a private meeting of District Delegates of Sun Lakes.
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11. ITEMS FOR FUTURE AGENDAS

11.1. New Items:

1. RFP for City Manager (Wallace)
Interim City Attorney Pinkney said that would be a premature addition at this time.

2. Evaluation of Acting City Manager (Miller)
Motion to add Evaluation of Acting City Manager to the Future Agenda Items.

Motion by Council Member Miller
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 4-1.

3. Patriot Tree (Barrington)
Art Vela, Director of Public Works, said that as part of the Atwell development, they’re required to move the tree. Council Member Barrington said relocation would kill the tree.

4. Contractor(s) to do Citywide Cleanup (Flynn)

5. Resolution for Mayor/Treasurer to Sign All Checks (Flynn) Motion to add a resolution for the Mayor/Treasurer to sign checks/warrants to the next regular meeting agenda.

Motion by Mayor Flynn
Seconded by Mayor Pro Tem Royce

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6. Review City Vehicle Maintenance (Royce)

11.2. Pending Items:
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1. Update on Community Garden (Flynn)

2. Zencity Contract (Flynn)

3. Developer Presentation on Sunset Crossroads Project (Flynn)

4. Contracting Animal Services (Flynn)

5. Code Enforcement Department Citations Process (Miller)

6. Emergency Preparedness (Barrington)

7. Changes to the Banning Procedural Manual (Royce)

8. Report on a Policy and Program to Routinely Test All Fire Hydrants in the City (Flynn)

9. Tree Trimming at Repplier Park and near Sun Lakes (Flynn)

10. Discussion of Reversing Decision to Close Airport (Royce)

11. Proposition 47 Workshop (Flynn)

12. Agenda Pagination, Reading Aloud Public Correspondence (Flynn)

13. ADJOURNMENT
Motion to adjourn.

Motion by Mayor Pro Tem Royce
Seconded by Mayor Flynn

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Barrington, Cynthia 
Flynn, Sheri 
Miller, Leroy 
Royce, Richard 
Wallace, Colleen 
Motion approved by a vote of 5-0.

The meeting was adjourned at 9:29 p.m.

Minutes Prepared by:

Caroline Patton, Administrative City Clerk
This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 ATTACHMENTS:

Exhibit A – Public Comment Received
Exhibit B – Agenda Item 9.2: Staff Presentation
Exhibit C – Agenda Item 8.2: Staff Presentation
Exhibit D – Agenda Item 8.2: Updated Attachment
113
1 From: Raelene Kretchman Thornton <[email protected]> Sent: Wednesday, February 19, 2025 12:16 PM
To: Caroline Patton
Subject: Open Sesion Comments
Attachments: City Counci Meeting 2.25.pdf
Ms Patton Administrative City Clerk,
Please enter this in the records, and it is to be read as comments at the next city council meeting. I have tmed it and it can be read in under 3 minutes. Thank you for your assistance with this matter,
Warmest Regards,
Raelene Kretchman
950 S Bay Hill Rd Banning. CA
Exhibit A
114
City Council Meeting Public Comments 2.25.25
Dear City Council,
I recently reached out to our new Treasurer regarding the city’s financial status, and Mayor Pro Tem- Broyce responded with some insights. He stated the Treasurer is currently facing challenges due to a lack of office space and necessary equipment, which is hindering her ability to fulfill her responsibilities effectively. Additionally, he noted a shift in the city's financial situation, as our cash flow has transitioned from $20 million to a $10 million deficit. This raises a concern:
why was he able to attain this information and such critical information is not readily accessible to our Treasurer for her financial report to the community at council meetings?
My concerns also extend to the efficiency of our city council meetings. It appears that council members are reviewing discussion items for the first time during these meetings. This lack of prior preparation leads to lengthy sessions that can be difficult to follow. To improve efficiency and coherency, council members should review agenda items in advance and come prepared with thoughtful questions.

Regarding Mr. Shulz's placement on administrative leave as City Manager, residents are seeking clarity on the” indefinite” duration of this leave and its financial implications for the city. There are also questions about the qualifications of the temporary City Manager, especially given his prior lawsuit against the city of Banning for wrongful termination. This situation raises further concerns about whether the city is compensating both the interim city manager and Mr. Shulz, and the financial impact on our community.

I am also concerned about the current Mayor's approach to the removal of critical city positions. Why the urgency? It appears she may be using her authority to settle personal grievances against those who have previously opposed her, which raises significant concerns about transparency. This behavior closely resembles that of the former mayor and is troubling for our community.

In light of the city’s financial crisis, marked by the severe deficit and disorganization within the utility department, there is an urgent need for a clear and coherent vision from the City Council on how to address these pressing challenges. The current lack of direction is alarming.

Moreover, I have noticed that Councilwoman Barrington seems primarily focused on issues pertinent to her own district, often occupying a significant amount of time during meetings with her inquiries. This focus raises broader concerns about the overall direction of our leadership.

Finally, the ongoing absence of an Animal Shelter appears to stem from the mayor’s actions. Since her campaign against Doug Shulz regarding this matter began in 2024, no viable solutions have emerged, currently leaving the issue in the hands of a committee without clear direction.

I encourage residents to voice their concerns to the council. It is important that we foster a functional governance structure, as the current dysfunction within the council gives the impression to the citizens that the mayor is the sole voice in discussions, with insufficient collaborative input from other council members.

Thank you for considering these concerns.

Raelene Kretchman
950 S Bay Hill Rd
Banning, CA
115

BANNING ELECTRIC UTILITY

FINANCIAL RECOVERY

PLAN DISCUSSION

BANNING ELECTRIC UTILITY

FINANCIAL RECOVERY

PLAN DISCUSSION
Presentation to City Council on February 25, 2025
Prepared In Coordination with:

Background
In Fall 2024 Banning ElectricUtility’s (BEU) had a negative $6.5 million cash balance and declining ability to make its annual bond payments.This situation caused S&P to lower BEU’s credit rating from “AǦ to “BBǦ” over the last couple of years • Negative BEU cash flow was the result of spending over $10 million per year on capital projects, as well as increasing operating costs without increasing rates or issuing debt to pay for them • Negative BEU cash flow necessitated borrowing from other City funds (i.e.General Fund) City Council approved a Financial Recovery Plan consisting of two 13.9% rate increases, issuance of approximately $6 million of electric revenue bonds to restore BEU positive cash balance by June 30, 2026, and completion of BEU masterǦplan and cost of service studies by Fall 2025
Exhibit B
116
Two Pathways Available
Option 1
Confirm approved BEU Financial Recovery
Plan and proceed with borrowing funds to
restore BEU cash balances
Pros
• Lower nearǦterm impact on ratepayers
• Rapidly eases the strain on other City funds
from the interfund borrowing
Cons
• Annual debt service costs (approximately
$700K annually over a 20Ǧyear term)
• Upfront debt issuance costs (~2% of
principal)
Option 2
Direct City Staff to eliminate financing component
of Recovery Plan and instead evaluate using only
rate increases needed to restore BEU cash
balances
Pros
• No longǦterm debt repayment
• No upfront debt issuance costs
Cons
• Higher (potentially significantly higher) BEU
rate increases needed to restore cash balances
• Continued strain on other City Funds as long as
fund balance remains negative (opportunity
cost)
• Further Credit Rating Downgrades
Additional Detail on a Financing
Structure • BEU “BB-” rating likely necessitates direct private placement of debt • Sold to a single investor (typically a regional or national bank) • Higher, risk-adjusted fixed interest rate; 20-year maximum term • Early prepayment allowed (typically after 3 years)
• IRS Regulations allow tax-exempt bond issuance to fund capital projects • However, funding replenishment of cash balances must be sold on a taxable basis which require slightly higher interest rates (6-7% range estimated) • While not originally contemplated as part of the BEU Financial Recovery Plan, there may also be the option of refinancing and restructuring BEU’s existing 2015 Bonds using lower, credit enhanced “AA” rating interest rates to accomplish all or a portion of the Plan’s objectives at a lower cost 117
Next Steps for Option 1
1 • Upon City Council direction, City staff will work with NHA to investigate/evaluate the most efficient and effective borrowing of funds approach to accomplishing the goals of the approved BEU Financial Recovery Plan
2 • Direct Placement Process takes approximately 2Ǧ3 months; Utilizing a more comprehensive approach that may include a full restructuring of the 2015 Bonds could take 3Ǧ4 months
3 • Either approach will require City staff oversight and one or more future approvals from City Council
4 • City can close financing within 1 month of final City Council approval Questions?
118
RESO 2025-30, AWARDING

PDB AGREEMENT FOR PHASE
1 – WWTP AND RW

UPGRADES
RESO 2025-30, AWARDING

PDB AGREEMENT FOR PHASE
1 – WWTP AND RW

UPGRADES
Art Vela, Director of Public Works
February 25, 2025
Background and Purpose
• Wastewater Treatment Plant (WWTP)
• Dates back to 1925 with major improvements made in the 1950’s and early 2000’s.
• Many major components reaching their end of life.
• Design capacity of 3.6 Million Gallons per Day (MGD); current average flow of 2.1 MGD.
• Treats to secondary, undisinfected standards
• The Wastewater Treatment Plant and Recycled Water Upgrade Project would result in Title 22 Recycled Water (disinfected tertiary water).

Exhibit C
119
Background and Purpose • The Project will:
• Comply with upcoming discharge standards related to Nitrate:
• Current Nitrate concentration is 29 mg-N/L
• EPA Max. Contaminant Level standard is 10 mg-N/L
• Construct a Master Planned facility identified in the City’s Integrated Master Plan • Provide a source of recycled water and diversification of the City’s water portfolio to meet the City’s current/future water demands
• Replace aging infrastructure
Scope of Work (PHASE 1)
• Planning
• Engineering
• Permitting
• Guaranteed Maximum Price
(Phase 2)
120
Scope of Work
• 3.6 MGD Membrane Bioreactor (MBR)
Facility
• Reverse Osmosis (RO) facility to meet the
Beaumont Basin Maximum Benefit
Objectives:
• Total Dissolved Solids (TDS): 330 mg/L
• Nitrate: 5 mg-N/L
• Brine drying beds and evaporators
• Replacement of existing mechanical
components
Scope of Work
• 3.6 MGD Membrane Bioreactor (MBR)
Facility
• Reverse Osmosis (RO) facility to meet the
Beaumont Basin Maximum Benefit
Objectives:
• Total Dissolved Solids (TDS): 330 mg/L
• Nitrate: 5 mg-N/L
• Brine drying beds and evaporators
• Replacement of existing mechanical
components
• ALTERNATIVE:
• UTILIZE BLENDING WITH

EXISTING WELLS
(POTENTIALLY CR-6 WELLS)
• ELIMINATES NEED FOR RO

AND BRINE DRYING BEDS AND

EVAPORATORS
121

RFQ/RFP
• March 22, 2024 issued a Request for Qualifications (RFQ) • Four firms submitted Statement of Qualifications
• Evaluation committee shortlisted three firms
• August 9, 2024 issued a Request for Proposal (RFP)
• Proposals were evaluated and scored
• Interviews held with all three firms
• AECOM/Lyles Joint Venture scored the highest
• Proposal Price: $3,998,627
Funding – Phase 1
Fund Account Amount Funded Fund Balance
Wastewater 681Ǧ8000Ǧ454.95Ǧ12 $1,000,000 $10,996,116
Improvement Fund
(Impact Fees)
Tertiary Fund 682Ǧ8050Ǧ454.95.10 $3,398,490 $8,265,827
122
Overall Project Funding
(Phase 1 and Phase 2)
• RFP include a design to budget approach for a total project budget of $60M
• $25.5M of available cash balance in multiple funds currently planned for allocation
• $25M planned debt financed included in current rate structure • $16.2M WaterSMART Grant award on January 14, 2025
• Available Budget = $66.7M
Recommendation
•Adopt Resolution 2025-30:
• Awarding a Progressive Design Build Agreement for Phase 1to AECOM/Lyles JV for the WWTP and RW Upgrades Porject in the amount of $3,998,627
• Approve a 10% Contingency for a Total Project Budget of $4,398,490
123
Questions?
124
Line Item Description Total Cost Potential Scope
Reduction Revised Cost Cost Reduction
Task 1 Design
Task 1
ADDER Adder for RO System and Evaporation Ponds $0 $0 $309,000 ($309,000) Task 1.1 Preliminary Design Report (PDR) $320,453 $320,453 $0 Task 1.2 30% Preliminary Design $717,339 $250,000 $615,074 $102,265 Task 1.3 60% Design Phase $961,349 $250,000 $818,598 $142,751 Task 1.4 Hydraulic Analysis/ Hydraulic Profile $54,452 $54,452 $0 Task 1.5 90% Design Phase $707,110 $50,000 $0 $707,110
Task 1.6 Final Design Phase $408,878 $150,000 $950,539 ($541,661) Task 1 Subtotal $3,169,581 $700,000 $2,759,117 $410,464 Task 2 Cost Estimating
Task 2.1 Initial Baseline Cost Model and Updates (5) $162,787 $162,598 $189 Task 2.2 GMP Development $117,602 $50,000 $105,754 $11,848 Task 2 Subtotal $280,389 $50,000 $268,352 $12,037
Task 3 Meetings & Reports
Task 3.1 Kick-off Meeting/Workshop (1) $56,968 $25,000 $42,934 $14,034 Task 3.2 Progress Meetings and Reports (16) $156,553 $75,000 $123,563 $32,990 Task 3.3 Project Status Reports (Monthly with Invoice) $113,807 $100,000 $47,709 $66,098 Task 3.4 Risk Management Workshop (1) $20,305 $10,000 $18,766 $1,539 Task 3.5 Constructability Review Workshops (2) $51,971 $47,591 $4,380 Task 3.6 SCADA Development and Scoping Workshops (4) $63,985 $55,966 $8,019 Task 3 Subtotal $463,589 $210,000 $336,529 $127,060
Task 4 Investigation / Support
Task 4.1 Potholing and Cutlrural Monitoring $25,397 $24,577 $820 Task 4.2 Topographic Survey $30,635 $29,954 $681
Task 4.3 Environmental Support ( $30,000 allowance) $30,381 $27,444 $2,937 Task 4.4 Geotechnical Investigation $123,055 $121,809 $1,246 Task 4.5 Permitting Support and Title 22 and Title 27 (if needed) Eng Reports $98,520 $96,836 $1,684
Task 4.6 Energy Tax Credits / Incentives $25,395 $25,009 $386 Task 4 Subtotal $333,383 $0 $325,629 $7,754
Phase 1 Total $4,246,942 $960,000 $3,998,627 $248,315
City Council - Regular Meeting, February 25, 2025
Agenda Item 8.2, Attachment No. 9: AECOM-Lyles Pricing Proposal Supporting Information

Page 1 of 1 ends

Exhibit D
125

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Stephanie Sirls, Transit Manager
Art Vela, Director of Public Works
MEETING DATE: March 11, 2025
SUBJECT: Consideration of Resolution 2025-32, Approving a Purchase Order with A-Z Bus Sales in the Amount of $44,242.61, which includes a 5% contingency, for the Wheelchair Lift Replacement on Transit Bus 243 RECOMMENDATION:

Adopt Resolution 2025-32.

BACKGROUND:

The City of Banning, under the Public Works Department, owns and operates the Banning Connect Transit System which includes the operation of fixed-route bus services that serve between Banning and Cabazon. Additionally, the Dial-A-Ride division offers curb-to-curb transit services to elderly and disabled citizens residing within the City of Banning.

Unit 243, a 2017 El Dorado EZ Ryder transit bus is having continuous wheelchair lift malfunctions and if left unattended, could lead to increased liability, injury and potential Americans with Disabilities (ADA) violations. Due to the critical nature of this repair, staff obtained three quotes from qualified vendors to replace the existing wheelchair lift with A-Z Bus Sales providing the lowest bid in the amount of $42,135.82.

JUSTIFICATION:

Repairs to Unit 243 are urgently required in order to remain compliant with ADA regulations, prevent injury and to continue to provide safe and reliable transportation service to the City’s residents. The Transit Division has limited fixed route buses and while the department is planning to buy four new buses this year, they will not be received until the middle of next year at the earliest. Therefore, it is necessary to get Unit 243 repaired expeditiously in an effort to extend the useful life of the vehicle so that the City can continue to provide essential public transportation services to the City’s residents.

FISCAL IMPACT:

Through the FY 2024/2025 Short Range Transit Plan (SRTP), the City has $60,000 in State of Good Repair (SGR) funds available for usage on eligible projects. Replacing the wheelchair lift on Transit Bus 243 will qualify as an eligible expense for SGR reimbursement.

ALTERNATIVES:

Do not approve Resolution 2025-32 and provide alternative direction to staff.

BUDGETED?:

Yes
126
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-32, AZ Bus.docx

2. A-Z Quote.pdf

3. Sole Source Form Signed.pdf
127
Resolution 2025-32

Page 1 of 4 ends

RESOLUTION 2025-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING A PURCHASE ORDER WITH A-Z BUS SALES IN THE AMOUNT OF $44,242.61, WHICH INCLUDES A 5% CONTIGENCY, FOR THE WHEELCHAIR LIFT REPLACEMENT ON TRANSIT BUS 243
WHEREAS, the City of Banning, through its Public Works Department, operates the Banning Connect Transit System, providing essential fixed-route bus services between Banning and Cabazon, as well as Dial-A-Ride services for elderly and disabled residents; and WHEREAS, Unit 243, a 2017 El Dorado EZ Ryder transit bus, has experienced ongoing malfunctions with its wheelchair lift and due to the critical nature of this repair, staff obtained three quotes from qualified vendors, with A-Z Bus Sales providing the lowest bid of $42,135.82 for the replacement of the wheelchair lift; and
WHEREAS, the replacement of the wheelchair lift is necessary for compliance with regulatory standards, to prevent injury, and to ensure the continued provision of safe and reliable transportation services to the residents of Banning; and WHEREAS, the City has $60,000 in State of Good Repair (SGR) funds available, which can be utilized for this eligible project, ensuring no adverse financial impact on the City budget.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council hereby approves the Purchase Order with A-Z Bus Sales in the amount of $44,242.61 for the replacement of the wheelchair lift on Transit Bus Unit 243 and authorizes the City Manager, or designee, to execute the Purchase Order and any other documents necessary to complete this transaction.

SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 11th day of March 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:
128
Resolution 2025-32

Page 2 of 4 ends

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney
Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP,
129
Resolution 2025-32

Page 3 of 4 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-32, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 11th day of March 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
130
Resolution 2025-32

Page 4 of 4 ends

EXHIBIT A
A-Z Quote
131
1900 S Riverside Ave Colton
(800) 437-5522 CA 92324
https://www.a-zbus.com/
Quote
#ESTCOL9663
12/19/2024
Return Policy : All returns are subject to final approval and 20% restocking fee. Returns must be received within 60 days of original purchase. No returns accepted on special orders.

RMA REQUIRED FOR ALL RETURNS.

Thank you for doing business with A-Z Bus Sales .

This Quote is valid for 30 Days.

Bill To Ship To
City of Banning
PO Box 998
Banning CA 92220-0007
United States
City of Banning
176 E Lincoln St
Banning CA 92220-4962
United States
Expires Created By Shipping Method
1/18/2025 2815 Jose Gradilla
Part Number Description Quantity Units Rate Amount
RISSR-2M79032Y
00 RAMP, 6:1,32"X70.8",

SINGLE-SLOPE
1 EA $38,687.53 $38,687.53
Freight charge to
customer
Freight charge to customer 1 EA $450.00 $450.00
Subtotal $39,137.53
Shipping Cost ()
Tax Total (7.75%) $2,998.29
Total $42,135.82
132
133
134
135
136
137
138
139

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: March 11, 2025
SUBJECT: Consideration of Resolution 2025-33, Approving the Agreement with Riverside County Children and Families Commission Allowing the City of Banning to Provide Swim Lessons Scholarships to Eligible Children Under the Age of Five
RECOMMENDATION:

Adopt Resolution 2025-33.

BACKGROUND:

The Riverside County Children and Families Commission provides services through First Five California to support and optimize early childhood development for children prenatal to the age of five. The funding for these programs and services were established and provided beginning in 1998 through the California Children and Families Act (Proposition 10). One of the First Five California service areas through their mission is to provide programming that emphasizes children's health and drowning prevention programs like Learn to Swim programs are an avenue to deliver this service.

The Riverside County Children and Families Commission would like to partner with the City of Banning Parks and Recreation Department by offering up to 100 scholarships for eligible children 6 months of age through 5 years of age. The term of the agreement would be from April 1, 2025 through June 30, 2026.

In the 2025 aquatic's season, the Banning Parks and Recreation Department would allow eligible registrants to participate in this program within the existing swim lessons program and schedule.

Depending on participation levels, the department may create additional swim lessons sessions in the 2026 aquatic season specifically for this program. There is no added cost to the City by offering these programs and all programs costs will be reimbursed through the funds provided through this agreement.

The scholarship program will provide swim lessons to eligible children ages six months to five years, with priority given to families eligible for public assistance, those who have experienced near drowning, or those at risk for drowning, as well as families served by First 5 Riverside County Funded agency.

Lessons will be offered on a first come first served basis to families that meet one or more of the following criteria:

Children served by a First 5 Riverside County funded agency.

Children who have experienced a near drowning or who are at a greater risk for drowning (ex. child lives near an open body of water)
Children of families eligible for public assistance including but not limited to:

CalWorks
CalFresh
Medi-Cal
WIC
140
Quality Start Riverside County CAPP/RHAP
Other Criteria as approved by First 5 Riverside County that define eligibility Participating children must be at least six months old to enroll. Priority enrollment will be given to children that are high risk for drowning: those living in a home with access to a pool, have a family member with a pool, infants/toddlers, children who have experienced a near drowning and children involved in the child welfare system.

JUSTIFICATION:

The agreement with Riverside County Children and Families Commission will provide scholarships to eligible children in the community that might otherwise be unable to participate and without participation in drowning prevention and learn to swim programs could put them at risk for accidental drowning and negative health impacts.

FISCAL IMPACT:

All programming costs incurred by the City for the swim lessons associated with the agreement will be completely reimbursed by the provided scholarships. There is minimal staff time associated with reporting as the City of Banning will be responsible to provide demographic information and results to the Riverside County Children and Families Commission along with reimbursement requests on both a monthly and quarterly basis.

ALTERNATIVES:

Do not adopt the resolution and provide alternate direction.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-33, RivCo Swim Lessons.docx

2. Draft_CF25117 Banning Drowning Prevention AATF.pdf
141
Resolution 2025-33

Page 1 of 4 ends

RESOLUTION 2025-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

APPROVING THE AGREEMENT WITH RIVERSIDE COUNTY CHILDREN AND FAMILIES

COMMISSION TO ALLOW THE CITY TO PROVIDE SWIM LESSONS SCHOLARSHIPS TO

ELIGIBLE CHILDREN UNDER THE AGE OF FIVE
WHEREAS, the Riverside County Children and Family Commission is an assembly of Commissioners appointed by the Riverside County Board of Supervisors responsible for directing Proposition 10 funds; and
WHEREAS, Proposition 10 established First 5 California and supports and optimizes early childhood development programs that emphasize child health and other services and programs for children prenatal through age 5; and
WHEREAS, one program area that serves the First 5 California mission and the health and safety of children under the age of 5 are drowning prevention programs like learn to swim programs; and
WHEREAS, Riverside County Children and Family Services Commission has funding available for swim lessons program for children under 5 years of age; and WHEREAS, The City of Banning Parks and Recreation Department offers a variety of healthy, affordable, and safe activities in the Repplier Park Aquatic Center; and WHEREAS, one of those program offerings are swim lessons for children 6 months to 5 years of age; and
WHEREAS, The City of Banning Parks and Recreation Department can provide swim lessons for First 5 California eligible participants; and WHEREAS, The Riverside County Children and Families Service Commission would like to enter into a contract to provide up to 100 swim lessons for children under the age of 5 with the City of Banning Parks and Recreation Department.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves the contract with Riverside County Children and Families Commission for the Investment of Funds for a 15-month term for a maximum reimbursement amount of Five Thousand, Five hundred dollars and no cents ($5,500.00).

SECTION 2. The City Council authorizes the City Manager or his designees to make nonsubstantive changes and to execute the contract with Riverside County Children and Families Commission on behalf of the City Council.

SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 142
Resolution 2025-33

Page 2 of 4 ends

PASSED, APPROVED AND ADOPTED this 11th day of March, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
143
Resolution 2025-33

Page 3 of 4 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-33, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 11th day of March, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
144
Resolution 2025-33

Page 4 of 4 ends

EXHIBIT A
Agreement with Riverside County
145
CF25117 A0-CTBAN-DPSWM
Approved Contract Template (05/12/21) - Action Item 21-12 Page 1 of 31

RIVERSIDE COUNTY CHILDREN AND FAMILIES COMMISSION

CONTRACT

INVESTMENT OF FUNDS
585 Technology Court
Riverside, California 92507
RCCFC AWARD: CF25117
CONTRACTOR: City of Banning
CONTRACT TERM: 04/01/2025 – 06/30/2026
MAXIMUM REIMBURSABLE AMOUNT: $5,500
The CONTRACTOR designated above is hereby certified for an investment of funds in an amount not to exceed $5,500
Compensation: The maximum reimbursable amount over the life of the Contract for Investment of Funds (hereinafter the “Contract”) shall not exceed DOLLARS, ($5,500), as awarded by the Riverside County Children and Families Commission, also known as First 5 Riverside County, (hereinafter the “COMMISSION” or “COUNTY”), provided pursuant to the California Children and Families Act of 1998, also known as Proposition 10, to provide services and results as set forth in Attachments A, B, C and D attached hereto as incorporated herein by reference, subject to the following terms and conditions:

IN WITNESS WHEREOF, COMMISSION and CONTRACTOR have executed this Contract.

Authorized Signature for COMMISSION: Authorized Signature for CONTRACTOR:

Tammi Graham
Executive Director
Robert Fisher,
Interim City Manager and Authorized Signatory
Date Signed: Date Signed:
585 Technology Court
Riverside, CA 92507-2423
99 East Ramsey Street
Banning, CA 92220
APPROVED AS TO FORM SIGNATURE:

Kristine Bell-Valdez
Supervising Deputy County Counsel
Date Signed:

ATTEST SIGNATURE:

Lynn M. Stephens
Executive Assistant IV
Date Signed:
03/04/25
146
CF25117 A0-CTBAN-DPSWM
Approved Contract Template (05/12/21) - Action Item 21-12 Page 2 of 31

RIVERSIDE COUNTY CHILDREN AND FAMILIES COMMISSION

CONTRACT TERMS AND CONDITIONS
147
CF25117 A0-CTBAN-DPSWM
Approved Contract Template (05/12/21) - Action Item 21-12 Page 3 of 31 Contents

1. NOTICES......................................................................................................................................5

2. SOURCE AND SCOPE OF CONTRACT.....................................................................................5

3. DEFINITIONS...............................................................................................................................5

4. TERM............................................................................................................................................6

5. COMPLIANCE, DISALLOWANCE, WITHHOLDING...................................................................6

6. TERMINATION.............................................................................................................................6

7. REQUIREMENT OF SUPPLEMENTING PROGRAM .................................................................7

8. DATA MANAGEMENT .................................................................................................................7

9. SCOPE OF WORK (SOW)...........................................................................................................7

10. REIMBURSEMENT OF COSTS ..................................................................................................8

11. FISCAL AND PROGRAM REPORTING REQUIREMENTS........................................................8

12. REIMBURSEMENT OF FUNDS TO THE COMMISSION .........................................................10

13. COMMISSION FISCAL REQUIREMENTS................................................................................10 A. Budget Revisions...................................................................................10 B. Amendments..........................................................................................11 C. Cost Allocation Plan...............................................................................11 D. Overhead/Indirect Costs ........................................................................11 E. Revenues Received...............................................................................12 F. Payroll Taxes .........................................................................................12 G. Payor of Last Resort ..............................................................................12

14. CONTRACTOR AUDIT REQUIREMENTS................................................................................12

15. INVENTORIABLE EQUIPMENT ................................................................................................13

16. REVERSION OF ASSETS .........................................................................................................13

17. TOBACCO CONTROL POLICY.................................................................................................14

18. CONDUCT OF BUSINESS ........................................................................................................14

19. RECORDS MANAGEMENT AND MAINTENANCE...................................................................15

20. PUBLIC DISCLOSURE OF DOCUMENTS................................................................................15

21. INSPECTIONS, PROGRAM MONITORING, AND CONTRACT ADMINISTRATIVE REVIEW BY COMMISSION ............................................................................................................................16

22. GOVERNING LAW AND VENUE...............................................................................................16

23. CONTRACTOR SUBCONTRACTS FOR WORK OR SERVICES ............................................16

24. PUBLICITY AND ATTRIBUTION REQUIREMENTS.................................................................17

25. PROHIBITION OF POLITICAL/RELIGIOUS ACTIVITY ............................................................18

26. WORK PRODUCT......................................................................................................................18

27. NON-DISCRIMINATION.............................................................................................................19

28. CHILD ABUSE REPORTING.....................................................................................................19

29. DEPARTMENT OF JUSTICE CLEARANCE .............................................................................19

30. ADULT AND ELDER ABUSE REPORTING ..............................................................................20

31. INDEPENDENT CONTRACTOR ...............................................................................................20

32. HOLD HARMLESS/INDEMNIFICATION....................................................................................20

33. INSURANCE...............................................................................................................................21

34. ASSIGNMENT............................................................................................................................23

35. ALTERATION AND/OR AMENDMENT......................................................................................23

36. CONFLICT OF INTEREST.........................................................................................................23

37. WAIVER AND SEVERABILITY..................................................................................................23

38. DISALLOWANCE .......................................................................................................................23

39. OFFICIAL DOCUMENTS ...........................................................................................................24

40. ENTIRE CONTRACT..................................................................................................................24

41. NONEXCLUSIVE CONTRACT ..................................................................................................24

42. CERTIFICATION OF AUTHORITY TO EXECUTE THIS CONTRACT .....................................24

43. COMPLIANCE WITH LAW.........................................................................................................24

44. CONFLICTS IN INTERPRETATION..........................................................................................24 148
CF25117 A0-CTBAN-DPSWM
Approved Contract Template (05/12/21) - Action Item 21-12 Page 4 of 31

45. COUNTERPARTS......................................................................................................................24 ATTACHMENT A: SCOPE OF WORK ..............................................................................................26 ATTACHMENT B: BUDGET ..............................................................................................................28 ATTACHMENT C: PAYMENT PROVISIONS....................................................................................29 ATTACHMENT D: COMPREHENSIVE TOBACCO CONTROL POLICY.........................................31 149
CF25117 A0-CTBAN-DPSWM
Approved Contract Template (05/12/21) - Action Item 21-12 Page 5 of 31 Robert Fisher
Interim City Manager
99 East Ramsey Street
Banning, CA 92220
Tammi Graham
Executive Director
First 5 Riverside County
585 Technology Court
Riverside, CA 92507
Terms and Conditions

1. NOTICES
All correspondence and notices required or contemplated by this Contract shall be delivered to the respective parties at the addresses set forth below and are deemed submitted one day after deposit in the United States mail, postage prepaid:

COMMISSION: CONTRACTOR:

Or to such other address as the parties may hereafter designate in writing.

2. SOURCE AND SCOPE OF CONTRACT
A. This Contract award is valid and enforceable only if sufficient funds are available to the COMMISSION from Proposition 10 tax dollars for the total term of the Contract. It is mutually agreed that if the State does not appropriate sufficient Proposition 10 funds, this Contract shall be amended to reflect any reduction in funds.

B. This Contract is subject to any additional restrictions, limitations, or conditions enacted by the State of California, which may affect the provisions, terms, or funding of this Contract in any manner.

C. This Contract award is designated for an investment of funds to provide services to address Child Health & Development, Quality Early Learning or Resilient Families in accordance with the current COMMISSION Strategic Plan. Services are to be provided to benefit children 0 through 5 years of age (may also be abbreviated as “0-5”) who reside in Riverside County.

3. DEFINITIONS
Terminology included within the Terms and Conditions of the Contract are defined by the Riverside County Children & Families Commission as stated below:

Commission: The Riverside County Children & Families Commission, an assembly of Commissioners appointed by the Riverside County Board of Supervisors, which is responsible for establishing policy and directing Proposition 10 funds at the County level.

Contractor: The government or other legal entity to which the Contract is awarded and which shall be accountable to the Commission for the use of funds provided.

County: The Riverside County Children & Families Commission, the County of Riverside, its Agencies, Districts, Special Districts and Departments, respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives.

Data Management System: An online data management system used to collect and analyze client demographics, services, and target accomplishments.

Executive Director: The designated lead director of the Commission.

Fiscal Year: The Commission’s fiscal year is July 1 through June 30.

Performance Target: The specific results that a CONTRACTOR will commit to achieving as outlined in the Scope of Work.
150
CF25117 A0-CTBAN-DPSWM
Approved Contract Template (05/12/21) - Action Item 21-12 Page 6 of 31 Performance Target Accomplishment Schedule: The specific timeline that a CONTRACTOR will commit to adhere to achieving specific results as outlined in the Scope of Work.

Probationary Status: CONTRACTOR is given notice of non-compliance after failing to correct deficiencies and has been placed in a status that may require additional monitoring, announced and unannounced visits, additional reporting by CONTRACTOR, an evaluation by COMMISSION staff and a report to the COMMISSION inclusive of recommendations regarding the disposition of the Contract.

Scope of Work (SOW): A documented qualitative and quantitative description of the project deliverables (i.e, what the CONTRACTOR is funded to do).

4. TERM
The term of this Contract shall be from 04/01/2025 through 06/30/2026 unless terminated sooner by the provisions herein by either party. Funds shall not be automatically renewed by the COMMISSION upon or after the term of the Contract except by formal amendment approved by the COMMISSION.

5. COMPLIANCE, DISALLOWANCE, WITHHOLDING
If CONTRACTOR fails to comply with any conditions contained within this Contract, the COMMISSION may place the CONTRACTOR in a probationary status, temporarily withhold payments until the deficiency is corrected, deny funds for all or part of the cost of activity not in compliance, and/or request repayment to the COMMISSION if any disallowance is rendered after audit findings. Written notification of non-compliance will be sent to the identified contact person and the CONTRACTOR’S Executive Director or other lead staff authorized by the CONTRACTOR’S governing board or ownership within twenty (20) working days.

6. TERMINATION
A. By COMMISSION: The COMMISSION may, by written notice to CONTRACTOR, terminate this Contract in whole or in part at any time for the reasons as set forth below. Upon receipt of notice, the CONTRACTOR shall immediately discontinue all services affected (unless the notice directs otherwise).

1. Termination for cause:
a. Due to Default or Breach of Contract. Upon default by the CONTRACTOR in the performance of this Contract or material breach of any of its provisions which include but are not limited to; change in status or delegation, assignment or alteration of the services outlined in Attachment A of this Contract, the COMMISSION may immediately terminate this Contract by written notice, which shall be effective upon receipt by CONTRACTOR, unless COMMISSION provides CONTRACTOR the opportunity to cure breach within twenty (20) working days of receipt of notice, and CONTRACTOR does so to COMMISSION’S satisfaction.
b. Due to Health and Safety Concerns of Clients. The COMMISSION may immediately terminate this Contract, at the sole discretion of the COMMISSION when the CONTRACTOR has been accused and found to be in violation of any county, state, or federal law and/or regulation related to the health and safety of clients. The Contract may also be immediately terminated at the sole discretion of the COMMISSION if the CONTRACTOR fails to provide for the health and safety of clients served under this Contract where the health and safety of clients are placed at risk by CONTRACTOR. c. Due to Non-Appropriation. It is mutually agreed that if either the federal or state budget of the current year and/or any subsequent years covered under this Contract does not appropriate sufficient funds for the program, this Contract shall be of no 151
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Approved Contract Template (05/12/21) - Action Item 21-12 Page 7 of 31 further force and effect. In this event, the COMMISSION shall have no liability to pay any funds whatsoever to the CONTRACTOR or to furnish any other considerations under this Contract and CONTRACTOR shall not be obligated to perform any provisions of this Contract. If funding for any fiscal year is reduced or deleted by the federal or state budgetary process for purposes of this program, the COMMISSION shall have the option to either cancel this Contract with no liability occurring to the COMMISSION or offer a Contract amendment to CONTRACTOR to reflect the reduced amount.
d. Due to Non-Compliance. Termination may occur if CONTRACTOR fails to provide the COMMISSION with any reports, data and information as required in this Contract.

CONTRACTOR may be placed in a probationary status until compliance with the terms of the Contract has been met. CONTRACTOR will be given thirty (30) calendar days after the date of written notice by COMMISSION to cure the deficiency. If compliance is not met within the thirty (30) calendar days, the COMMISSION may move forward with termination of the Contract.
e. Without Cause. COMMISSION may terminate this Contract without cause upon thirty (30) days’ written notice served upon the CONTRACTOR stating the extent and effective date of termination.

B. By CONTRACTOR: CONTRACTOR may terminate this Contract in whole or in part upon thirty (30) calendar days’ written notice to the COMMISSION.

7. REQUIREMENT OF SUPPLEMENTING PROGRAM
Funds received pursuant to this Contract shall not be used to supplant any program of the CONTRACTOR. Proposition 10 funds shall ONLY be used to supplement a CONTRACTOR’S program. The COMMISSION endorses the California Children and Families Commission’s interpretation of supplanting: The definition of “supplement” is to add to or augment something that currently exists, while “supplant” is defined as taking the place of something currently in existence.

As defined in Health and Safety Code sections 130100 et seq. (the Children and Families Act), all monies raised pursuant to the Act shall be appropriated and expended by CONTRACTOR only to supplement existing levels of services. The Act specifically prohibits appropriation and expenditure of funds to supplant state or local general fund money for any purpose. Further, expenditures are prohibited for use to fund any existing levels of service.

8. DATA MANAGEMENT
CONTRACTOR agrees to participate in a comprehensive, countywide, internet-based evaluation and management process as defined by the COMMISSION. Participation shall include, but is not limited to, monthly input of program and financial data, submission of quarterly and annual Program Progress Reports (PPR), utilization of the COMMISSION developed reporting systems and Administrative Review formats and required training(s) to familiarize and implement the results-based accountability framework. The COMMISSION continues to refine its evaluative processes that will assist the COMMISSION, its CONTRACTORS and the community to successfully increase and measure the impact of the Proposition 10 in Riverside County. Where appropriate, CONTRACTOR agrees to participate in the ongoing development of these evaluative processes. Specific areas may include but are not limited to, the development of outcomes for programmatic performance, standards for service delivery, and assessment tools.

9. SCOPE OF WORK (SOW)
A. CONTRACTOR will be required to submit and adhere to a SOW approved by the COMMISSION and attached to this Contract. The SOW will accurately reflect measurable results of services provided through Proposition 10 funding. The SOW will provide a qualitative 152
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B. The SOW (Attachment A) will be amended each fiscal year of the Contract Term to confirm or adjust specific qualitative and/or quantitative targets for the respective year.

C. SOW revisions that are considered relatively minor adjustments that do not affect the overall deliverables of this Contract shall be accepted for consideration through March 31st of each fiscal year. Requests for these types of SOW adjustments must be submitted to the COMMISSION office in writing or via e-mail and shall not be implemented by CONTRACTOR prior to receipt of written approval from authorized COMMISSION personnel. Upon approval, CONTRACTOR will receive either written or e-mail verification from the COMMISSION Executive Director (or designee).

D. SOW revisions that are considered significant changes to program performance targets and affect the overall deliverables of this Contract include the following: changes that result in the type of customer or numbers served, new staff positions or major staff changes, or significant changes in the Performance Targets. Requests for these types of SOW changes shall be accepted for consideration through March 31 of each fiscal year. SOW revisions shall be submitted to the COMMISSION Executive Director (or designee), via the COMMISSION’S Contracts & Grants Analyst assigned to the CONTRACTOR. The COMMISSION Executive Director (or designee) will respond to the proposed request for SOW revisions within thirty (30) calendar days after receipt at the COMMISSION office. Final approval of any proposed revisions to the SOW shall require the written approval of the COMMISSION Executive Director (or designee). All changes will be incorporated into the Contract and shall become effective on the date of written approval from the COMMISSION Executive Director and/or the COMMISSION.

E. CONTRACTOR agrees to make every possible effort to obtain voluntary consent using the COMMISSION Consent Form for any customer entered into the data management system.

CONTRACTOR also agrees to maintain the original signed Consent Form on file for the COMMISSION to review as necessary. Each customer is to receive a copy of the signed Consent Form.

10. REIMBURSEMENT OF COSTS
Payment will not be provided for services performed and/or expenditures accrued prior to the full execution of this Contract unless previously authorized by COMMISSION action. Reimbursement of costs shall be made upon CONTRACTOR’S satisfactory performance, based upon the SOW and methodology contained in Attachment A as determined by the COMMISSION. The COMMISSION shall allocate the funds to CONTRACTOR as follows:

A. All funds provided pursuant to this Contract shall be expended by CONTRACTOR in accordance with the Budget attached hereto.

B. All funds will be distributed as detailed in the attached Payment Provisions, attached hereto.

11. FISCAL AND PROGRAM REPORTING REQUIREMENTS
A. Fiscal Reporting
Fiscal expenditures are required to be input into the data management system by CONTRACTOR on a monthly basis with input completed and submitted by the 20th of the month following Contract performance for expenditures occurring in the 1st, 2nd and 3rd quarters of the fiscal year (July through March). Fiscal expenditures occurring in the 4th quarter (April, May and June) will be required to be input into the data management system on earlier modified due dates to support COUNTY internal deadlines and external audit requirements.

These due dates will be communicated to CONTRACTOR through the COMMISSION’S 153
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Approved Contract Template (05/12/21) - Action Item 21-12 Page 9 of 31 Contracts and Grants Analyst assigned to the CONTRACTOR. CONTRACTOR is required to report expenditures on a monthly basis and apply accruals at year-end. Accruals show costs for services that have occurred but have not yet been paid. If the reporting due date falls on a weekend or County, State or nationally recognized holiday, the due date will be on the following business day. Any changes that occur with expenditures must be reported to COMMISSION staff and adjusted within the data management system before the end of the Quarter following the expense occurrence. Example: Changes to expenditures in the first quarter of performance must be adjusted and reconciled before the end of the second quarter (December 30, as reported in the January 30 report). A change in CONTRACTOR staff, or other difficulties, does not absolve the CONTRACTOR from this monthly fiscalreporting responsibility.

In rare and justifiable circumstances, an extension may be requested by the CONTRACTOR.

Such requests are to be submitted in writing prior to the due date and shall be directed through the COMMISSION’S Contracts and Grants Analyst assigned to the CONTRACTOR.

If applicable, CONTRACTOR shall provide copies of the claim report submitted monthly for Medi-Cal and/or any other state or federal reimbursements. In addition, the CONTRACTOR will provide the subsequent revenue reports that will reconcile the claim reports.

Costs may be allowed and reviewed for reimbursement up to the time of the Final Fiscal Expenditure Report, which is due as described in paragraph one of this section. All reimbursement costs not submitted at the time of the Final Fiscal Expenditure Report will be disallowed.

Payment information, including amount, payment reduction or payment withheld may be obtained by the CONTRACTOR via the data management system.

B. Program Reporting
As requested by COMMISSION, CONTRACTOR shall participate in research and evaluation studies designed to show the effectiveness of CONTRACTOR’S services or to provide information about CONTRACTOR'S program. CONTRACTOR shall report program and demographic data on participants, where appropriate, service and outcome data with measurement tools approved by COMMISSION. CONTRACTOR shall enter data (quantitative and qualitative) in the evaluation database system designated by COMMISSION.

CONTRACTOR shall submit complete data, in accordance with the SOW.

C. Monthly Reporting
CONTRACTOR shall input and submit program data into the COMMISSION’S data management system on a monthly basis and input must be completed by the 20th of the month following Contract performance. If the reporting due date falls on a weekend or holiday, the due date will be on the following business day. The due date for program data submitted in the 4th quarter (April, May and June) may be modified by COMMISSION as required to meet internal COUNTY and State reporting deadlines. Modified due dates will be communicated to CONTRACTOR through the COMMISSION’S Contracts and Grants Analyst assigned to the CONTRACTOR. Any changes that occur with program data input must be reported to COMMISSION staff and adjusted within the data management system before the end of the Quarter following the change.

Example: Changes to program data in the first quarter must be adjusted and reconciled before the end of the 2nd quarter (December 30th, as reported in the January 30th report). A change in CONTRACTOR staff, or other difficulties, does not absolve the CONTRACTOR from this monthly program data input and quarterly Program Progress Report (PPR) responsibility. 154
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CONTRACTOR shall submit Program Progress Reports (PPR) which includes quarterly and year-to-date progress on actual achievement of performance targets compared to projected achievements as detailed in the SOW and other data collection information as requested by the COMMISSION. The PPR shall include narrative information on lessons learned, course corrections, client success stories, sustainability and public awareness/policy change activities for the quarter. CONTRACTOR is required by the COMMISSION to complete and submit Program Progress Reports electronically via the COMMISSION’S data management system.

For each reporting period, CONTRACTOR shall provide the COMMISSION with a Program Progress Report within thirty (30) calendar days from the end of the reporting period. In rare and justifiable circumstances, an extension may be requested by the CONTRACTOR. Such requests are to be submitted in writing prior to the due date and shall be directed through the COMMISSION’S Contracts and Grants Analyst assigned to the CONTRACTOR. Quarterly Program Progress Reporting due dates for each Contract period are as follows:
• QUARTER 1 (July 1 – September 30): Report Due October 20 • QUARTER 2 (October 1 – December 31): Report Due January 20 • QUARTER 3 (January 1 – March 31): Report Due April 20 • QUARTER 4 (April 1 – June 30): Report Due July 11 (Final Cumulative Program Progress Report), Quarter 4 due date may be modified by COMMISSION as necessary to meet County and/or State reporting deadlines.

If the due date falls on a weekend or County, State or nationally recognized holiday, the due date will be on the following business day. The first quarterly report is due October 20th of the current fiscal year.

CONTRACTOR agrees that failure to submit reports as specified will be sufficient cause for the COMMISSION to withhold any payment due until reporting requirements have been fulfilled.

12. REIMBURSEMENT OF FUNDS TO THE COMMISSION
If CONTRACTOR has been overpaid in the previous fiscal year, the COMMISSION will, in instances where the Contract is renewed, reduce subsequent payment(s) to recover the amount overpaid.

Notwithstanding any other provision herein, CONTRACTOR agrees to reimburse, in full, all funds received from the COMMISSION, upon request of the COMMISSION, where such funds as determined by the COMMISSION are not or have not been utilized by CONTRACTOR for purpose as intended by the COMMISSION. The terms and conditions of reimbursement shall be at the sole discretion of the COMMISSION. This provision is not terminated upon termination of this Contract.

13. COMMISSION FISCAL REQUIREMENTS
A. Budget Revisions
A Budget Revision Form may be submitted by the CONTRACTOR to the COMMISSION to modify budget line(s) of the approved budget. The request must indicate the proposed line item change, the budget as amended applying the requested change, a written justification for each requested change, and signed by an authorized representative. The request cannot result in any alteration or degradation to the program services and performance targets as specified in this Contract.
155
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The CONTRACTOR must submit any Budget Revision Forms to the COMMISSION or designee no later than March 31st of the fiscal year.

B. Amendments
Necessity for budget amendments to this Contract will be determined by the COMMISSION Executive Director (or designee) and may include, but are not limited to, Contract increases or decreases and significant changes to the Scope of Work (SOW). All budget amendments to the Contract shall require formal approval of the COMMISSION Executive Director acting on behalf of the COMMISSION, as provided herein before such amendments are effective. Major budget amendments, as determined by the COMMISSION Executive Director, in consultation with County legal counsel, will require formal approval of the COMMISSION. Contract budget amendments shall be considered until March 31st of each fiscal year.

C. Cost Allocation Plan
CONTRACTOR shall have or will establish a Cost Allocation Plan (CAP) to identify prorated costs shared by multiple funding sources, including Proposition 10 funds. CONTRACTOR shall identify any other funding sources and organizations whose cooperation/participation is necessary to ensure the success of the project. CONTRACTOR’S CAP must be approved by CONTRACTOR’S appropriate governing body and submitted with the executed Contract.

A CAP is defined as a written summarization that documents the methods and procedures CONTRACTOR will use to allocate costs between two or more programs or funding sources.

The goal is to ensure that each program or funding source bears its fair share, and only its fair share, of the total costs. The CONTRACTOR must have a method of identifying and distributing program costs that are comprehensive, well documented, and defensible under the Generally Accepted Accounting Principles (GAAP).

A written CAP is required if any of the conditions below are met:
a. Funded staff members share time between a COMMISSION funded program and one or more other grant funded program.
b. A single-funded staff member shares time between two or more COMMISSION funded programs.
c. The same facilities and/or resources are utilized by more than one funded program.

D. Overhead/Indirect Costs

1. Overhead/Indirect costs are defined as costs incurred for a common or joint purpose benefiting more than one cost objective and cannot be readily identified with a particular final cost objective. These costs do not provide a measurable, direct benefit to a particular program or activity, unlike direct costs. Indirect cost may include salaries and benefits.

For the purpose of this Contract, operational expenses, capital expenses, and subcontractor costs are excluded from the indirect cost calculation.

2. Indirect cost percentage rate included in the Budget, to this Contact, shall not exceed ten percent (10%) calculated against the salaries and benefits expenses only.

3. Indirect costs shall be based on the CONTRACTOR’S official governing board approved CAP. State/federal approved rates in excess of the approved ten percent (10%) indirect cost rate percentage will be reviewed and approved on a case-by-case basis. 156
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4. A pass-through is defined as those instances where the CONTRACTOR forwards funds obtained from the COMMISSION to a subcontractor and the COMMISSION maintains no relationship or responsibility for the performance of the subcontractor. Proposition 10 funds shall not be used in a manner that will cause payment for indirect costs associated with the CONTRACTOR’S funded program more than once. The COMMISSION will not pay for subcontractor indirect costs as part of the CONTRACTOR’S budget.

E. Revenues Received
All revenue received by the CONTRACTOR (except funds received from the COMMISSION) to operate the program funded pursuant to this Contract shall be reported as revenue received within the monthly fiscal report. All such revenues shall be used to fully compensate expenses within the program funded and/or to provide additional services within the program funded pursuant to this Contract. Any unused revenues shall be deducted from Contract reimbursement.

F. Payroll Taxes
The COMMISSION shall not be directly responsible for the payment of any taxes on the CONTRACTOR’S behalf. In the event that the COMMISSION is required to do so by state, federal or local taxing agencies, CONTRACTOR agrees to promptly reimburse the COMMISSION for the full value of such paid taxes plus interest and penalty, if any. Taxes shall include, but are not limited to, the following: FICA (Social Security), unemployment insurance contributions, income tax, disability insurance and workers’ compensation insurance.

G. Payor of Last Resort
CONTRACTOR shall obtain funding through sources other than the COMMISSION to provide services or support to participants whenever possible.

In cases where a participant is qualified for benefits from another source (such as Medi-Cal, Healthy Families, federal or state-funded programs, personal insurance, etc.), costs relating to services provided to that participant must be paid for by the primary payor first. Only the costs not covered will be allowable under this Contract. CONTRACTOR must provide written verification upon request.

14. CONTRACTOR AUDIT REQUIREMENTS
A. All CONTRACTORS are required to have an annual financial audit. Each CONTRACTOR shall provide a copy of annual audited financial statements to the COMMISSION covering the fiscal year that funds are received for services provided pursuant to this Contract. The audited financial statements will cover the CONTRACTOR’S fiscal year and will include a report on internal controls over financial reporting and on compliance and other matters in accordance with Government Auditing Standards. All audits shall be performed by a Certified Public Accountant (CPA) who possesses a valid license to practice within the State of California.

B. Audited financial statements are to be submitted to the COMMISSION Executive Director, or designee, within one hundred and eighty (180) calendar days after the close of the CONTRACTOR’S fiscal year for every year covered under this Contract. If the audited financial statements are not received on or before the required due date, and an extension has not been granted, the audited financial statements shall be considered delinquent, and immediate corrective action will be initiated. If the CONTRACTOR fails to produce or submit acceptable audited financial statements, the COMMISSION has the authority to withhold funding, and if necessary, secure an Auditor, and the CONTRACTOR shall be liable for all COMMISSION costs incurred in obtaining an independent audit. The cost of the audit will be 157
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15. INVENTORIABLE EQUIPMENT
A. Inventoriable equipment includes equipment or fixed assets with a unit cost of one thousand dollars ($1,000.00), or more, or if the aggregate cost of integral components required to fully operate the assembled equipment (i.e., computer processing unit, keyboard, monitor) total one thousand dollars ($1,000.00) or more. Inventoriable equipment derived from approved purchases funded by Proposition 10 funds shall be maintained by the CONTRACTOR.

CONTRACTOR shall use such capitalized equipment only for the purposes for which they were granted for children 0 through 5 years of age.

B. The CONTRACTOR shall inventory and report all equipment purchases meeting this criterion on the COMMISSION Inventory Record Form. This record must be submitted within forty-five (45) calendar days of purchase to the COMMISSION’S Contracts and Grants Analyst assigned to the CONTRACTOR. Applicable receipts must be maintained by the CONTRACTOR to validate expenditures and shall be submitted as invoice back-up documentation and uploaded to the COMMISSION’S data management system and made available as requested during the COMMISSION staff site visits. The CONTRACTOR understands that they are liable for all damages and/or loss resulting from the use and/or misuse of equipment purchased with Proposition 10 funds. Equipment shall not be used for personal use by the CONTRACTOR and/or employees, agents, subcontractors, and/or collaborating partners.

C. Any materials and supplies purchased by CONTRACTOR with Proposition 10 funds with a value of less than one thousand dollars ($1,000.00) will be used for children ages 0 through 5 years of age by another of the CONTRACTOR’S programs serving this population or returned to the COMMISSION. If CONTRACTOR is no longer serving this population, all remaining items will be returned to the COMMISSION within thirty (30) calendar days of the program ceasing operations.

16. REVERSION OF ASSETS
Real or Personal Property Assets. Any real property or moveable or immovable personal property under CONTRACTOR’S control or ownership that was acquired or improved in-whole or in-part with Proposition 10 funds disbursed under this Contract, or under any previous Contract between the COMMISSION and CONTRACTOR, where the original cost exceeded one thousand dollars ($1,000.00) shall either be: (1) used by CONTRACTOR for the services described in the SOW for a period of five (5) years after termination or expiration of this Contract, unless a different period is specified in the SOW; or (2) disposed of and proceeds paid to the COMMISSION in a manner that results in the COMMISSION being reimbursed in the amount of the current fair market value (assuming depreciation in accordance with customary business practices) of the real or personal property less any portion of the current value attributable to CONTRACTOR’S out of pocket expenditures using non-commission funds for acquisition of, or improvement to, such real or personal property and less any direct and reasonable costs of disposition.

A. In furtherance of the foregoing, if the COMMISSION selects continued use of the capital asset, the CONTRACTOR hereby agrees that it will confirm in writing that it will continue to use the capital asset for purposes congruent with the intent of this Contract. This provision shall survive termination or expiration of this Contract and shall be actionable at law or in equity by the COMMISSION against CONTRACTOR and its successors in interest.

B. In the event the COMMISSION selects disposition of the subject real or personal property, the CONTRACTOR shall exercise due diligence to dispose of such property in conformity with applicable laws and regulations and in accordance with customary business practices. The net proceeds of such disposition shall be disbursed directly to and be payable to the 158
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Approved Contract Template (05/12/21) - Action Item 21-12 Page 14 of 31 COMMISSION upon the close of the applicable disposition transaction, such as close of escrow for the sale of real property, transfer of a motor vehicle “Certificate of Title” in accordance with applicable California Vehicle Code requirements, or completion of sale of personal property by bill of sale in accordance with Uniform Commercial Code (UCC) requirements.

17. TOBACCO CONTROL POLICY
CONTRACTOR shall abide by the Comprehensive Tobacco Control Policy, incorporated herein by reference, and as may be amended from time to time. CONTRACTOR shall have tobacco education and cessation materials visibly available and accessible to clients participating and to staff funded from the COMMISSION-funded activities. The Comprehensive Tobacco Control Policy, as attached hereto.

18. CONDUCT OF BUSINESS
CONTRACTOR shall comply with all references listed below. Failure to comply may place the CONTRACTOR in a Probationary Status or result in Termination of Contract.

A. CONTRACTOR shall comply with all applicable state and/or federal laws, regulations, or requirements during the term of the Contract.

B. CONTRACTOR shall conduct its business, pursuant to this Contract, in compliance with all applicable state, and/or federal laws, regulations, or requirements.

C. CONTRACTOR shall obtain and maintain all applicable business and/or professional licenses, insurances, and/or accreditations, in good standing, which are required under the laws of the State of California or the federal government at all times while performing services under this Contract.

D. CONTRACTOR shall notify the COMMISSION Executive Director (or designee) verbally and in writing of the intent to cease operations of the facility or program within sixty (60) calendar days, but no less than thirty (30) calendar days of the event.

E. CONTRACTOR shall notify the COMMISSION Executive Director (or designee) in writing within seventy-two (72) hours of a change of key personnel funded under this Contract. Key personnel is defined as individuals who have a direct bearing on the outcome of the project, who have substantive responsibility for developing or achieving the scope or objectives of the project, and who possess the reputation, knowledge, or skills on which the work of the project is based. This includes, but not limited to, the Director, Chief Executive Officer (CEO), Chief Financial Officer (CFO), Program Manager, or Project Lead.

F. CONTRACTOR shall notify the COMMISSION Executive Director (or designee) verbally and in writing of any condition that could interfere with CONTRACTOR’S ability to perform required services and/or meet material Contract requirements within thirty (30) calendar days of learning of such a condition.

G. Agencies that are governed by a regulatory or licensing entity shall advise and forward to the COMMISSION Executive Director all documentation of regulatory/licensing violations, findings and responses to such violations and/or findings within twenty-four (24) hours of receipt of notice of violation from the governing entity. Agencies shall promptly submit to COMMISSION Executive Director a copy of the response sent to the governing entity.

H. CONTRACTOR shall immediately notify the COMMISSION in writing upon the intent to file or filing of any action of bankruptcy.

I. CONTRACTOR shall immediately notify the COMMISSION in writing upon the commencement of any litigation, whether CONTRACTOR is the plaintiff or defendant, where 159
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J. CONTRACTOR shall immediately notify the COMMISSION in writing upon the commencement of any investigation, and/or activity by a regulatory agency against CONTRACTOR, which may interfere with the ability of CONTRACTOR to perform its duties under this Contract.

K. CONTRACTOR shall provide a grievance policy system to the COMMISSION, through which participants of services shall have an opportunity to express views and complaints regarding the delivery of service. Grievance procedures must be posted prominently in English and Spanish at service sites for participants to review.

19. RECORDS MANAGEMENT AND MAINTENANCE
A. The CONTRACTOR shall make reports to the COMMISSION in the required format and containing information as required by the COMMISSION.

B. The CONTRACTOR shall provide additional reports or information if required by the State or the local COMMISSION that was not reasonably anticipated at the time the Contract was entered into.

C. CONTRACTOR shall input all data required on a monthly basis by the 20th day of the month following the end of the reporting period and submit quarterly reports within thirty (30) calendar days following the end of the quarter, and at the end of the term of the Contract.

This requirement includes:
a. All the monthly data necessary to generate demographic, service utilization, results and aggregate activity reports; and
b. Submission of the Program Progress Report on a quarterly basis.

D. CONTRACTOR shall retain such reports and all records associated with this Contract for at least five (5) years following the close of the fiscal year in which this Contract is in effect. This obligation is not terminated upon termination of this Contract, whether by rescission or otherwise. CONTRACTOR agrees to require any subcontractors to retain all records associated with the Contract for the same time period.

E. Accounting information and transactions shall be recorded and reported in accordance with generally accepted accounting principles (GAAP).

F. Where medical records and/or client records are generated under this Contract, CONTRACTOR shall safeguard the confidentiality of the records in accordance with all state and federal laws, and all regulations promulgated hereunder, including the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-91, enacted August 21, 1996, and the laws and regulations promulgated subsequent thereto.

G. Each CONTRACTOR must maintain a written customer confidentiality policy and maintain a written protocol to ensure CONTRACTOR’S staff is aware of and abide by said policy.

20. PUBLIC DISCLOSURE OF DOCUMENTS
CONTRACTOR acknowledges and agrees that information, communications, and documents given to the COMMISSION during meetings involving COMMISSION members, staff, finance or COMMISSION Advisory Committee members may be subject to applicable law on public disclosures and/or public meetings. CONTRACTOR shall cooperate with the COMMISSION in order that it may fully comply with the requirements of such laws and regulations. 160
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21. INSPECTIONS, PROGRAM MONITORING, AND CONTRACT ADMINISTRATIVE REVIEW BY

COMMISSION
A. COMMISSION representatives shall review and inspect the CONTRACTOR through mandatory periodic Administrative Review visits for compliance with the terms of this Contract.

Administrative Review visits will occur at a minimum of two (2) times per Fiscal Year for the duration of the Contract Term. During the Administrative Review visits, CONTRACTOR representatives must be present. All books, financial records and program records including verification of target(s) and other documents relating to the performance of this Contract must be open to inspection, examination, or copying during normal business hours by the COMMISSION staff or duly authorized representatives from the state or federal government.

Records shall be made available at reasonable times at CONTRACTOR’S place of business or at such other mutually agreeable location in the County of Riverside, State of California.

B. Upon completion of the Program Monitoring and Administrative Review visit, the CONTRACTOR will be mailed a report summarizing the results of the Administrative Review visit within forty-five (45) calendar days of the visit. The CONTRACTOR may be required to respond to concerns or requests as specified in the Administrative Review report within thirty (30) calendar days of receipt.

C. CONTRACTOR shall reimburse the COMMISSION for all direct and indirect expenditures incurred in conducting an audit or investigation when CONTRACTOR is found in violation of the terms of the Contract. Reimbursement for such costs will be withheld from any amounts due to CONTRACTOR.

D. When additional information (i.e., receipts, paperwork, etc.) is requested of the CONTRACTOR as a result of any audit or monitoring, CONTRACTOR must provide all information requested by the deadline specified by the COMMISSION. Failure to provide the information by the specified deadline will subject the CONTRACTOR to the provisions of Contract section: COMPLIANCE, DISALLOWANCE, and WITHHOLDING.

22. GOVERNING LAW AND VENUE
A. This Contract is entered into under the provisions of Health and Safety Code section 130100 et seq., as may be amended from time to time and any other applicable law.

B. This Contract, its construction, and interpretation as to validity, performance, and breach shall be construed under the laws of the State of California. In the event any provision in this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

C. The provision of the Government Claims Act (Government Code Section 900 et seq.) must be followed first for any disputes under this Contract.

D. All actions and proceedings arising in connection with this Contract shall be tried and litigated exclusively in state or federal (if permitted by law and a party elects to file an action in federal court) courts located in the County of Riverside, State of California.

23. CONTRACTOR SUBCONTRACTS FOR WORK OR SERVICES
A. The COMMISSION holds CONTRACTOR solely responsible for the performance of all duties and obligations under this Contract. CONTRACTOR agrees and understands that COMMISSION does not enter into or assume any legal relationship with any subcontractor of CONTRACTOR for performance under this Contract. CONTRACTOR agrees to remedy all breaches of any contracts with any subcontractor, and further agrees that CONTRACTOR may 161
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B. CONTRACTOR shall identify any other organization whose cooperation/participation is necessary to ensure the success of the project and what specific roles these key partners will play. All subcontractor(s) shall conform to all requirements of the COMMISSION and any Contract between the CONTRACTOR and the COMMISSION.

C. The CONTRACTOR shall not enter into any subcontract with any subcontractor who:

1. Is presently debarred, suspended, proposed for debarment, or declared ineligible or voluntarily excluded from covered transactions by a federal department or agency;

2. Has within a three (3) year period preceding this Contract been convicted of or had a civil judgment rendered against them for the commission of fraud, or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction; violation of Federal or State anti-trust status or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Is presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with the commission of any of the offenses enumerated in the paragraph above; and

4. Within a three (3) year period preceding this Contract, has had one or more public transaction (federal, state, or local) terminated for cause or default.

D. The CONTRACTOR shall be as fully responsible for the acts or omissions of its subcontractors, and of persons either directly or indirectly employed by them as for the acts or omissions of persons directly employed by the CONTRACTOR.

E. The CONTRACTOR shall insert appropriate clauses in all subcontracts to bind subcontractors to the terms and conditions of this Contract insofar as they are applicable to the work of subcontractors.

F. Nothing contained in this Contract shall create any contractual relationship between any subcontractor and the County of Riverside, its Agencies, Districts, Special Districts and Departments, respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives.

24. PUBLICITY AND ATTRIBUTION REQUIREMENTS
A. Upon signing this Contract, CONTRACTOR shall publicize funded program and partnership with the COMMISSION by creating a press release to be distributed to local media outlets.

The press release shall be sent to COMMISSION for review and approval within fourteen (14) calendar days of signing of Contract. No later than five (5) calendar days after the press release is reviewed and approved by COMMISSION Public Information Specialist, the press release shall be distributed to local media outlets. Should guidance be needed on this requirement, please contact COMMISSION Public Information Specialist.

B. CONTRACTOR shall include the following acknowledgment of the COMMISSION and Proposition 10 funding in all materials produced for the purpose of public education and outreach related to COMMISSION funded programs. These materials include but are not limited to the following: brochures, workbooks, flyers, circulars, posters, games, television, radio and print advertising, public service announcements and video news releases, calendar/event listings, presentations, telephone hold messages, outdoor advertising and vehicles. The wording of the COMMISSION attribution shall be one of the following:
“Made possible by funding from First 5 Riverside County” 162
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Approved Contract Template (05/12/21) - Action Item 21-12 Page 18 of 31 “Funded by First 5 Riverside County”
“Funded by First 5 Riverside County - the Riverside County Children & Families Commission”
“Hecho posible por medio de fondos de Primeros 5 Riverside County” "Financiado por Primeros 5 Riverside County”
For events, conferences or programs with multiple funders, one of the following attributions shall be used:
"Funded in part by First 5 Riverside County"
“Funded in part by First 5 Riverside County - the Riverside County Children & Families Commission”
“Made possible by funding from First 5 Riverside County” "Financiado parcialmente por Primeros 5 Riverside County" "Financiado parcialmente por Primeros 5 Riverside County - Comisión de Niños y Familias del Condado de Riverside"
When space is limited (i.e., buttons, pencils, pens, etc.), attribution may be omitted. However, CONTRACTOR shall contact the COMMISSION’S Public Information Specialist to determine an appropriate method of providing attribution to the public regarding the funding source for such items.

C. The approved First 5 Riverside County logo (graphic) shall be used on materials specific to the COMMISSION funded program. CONTRACTOR shall use the approved First 5 Riverside County logo (graphic) on public education and outreach materials in accordance with the First 5 Riverside County graphics attribution standard as posted on the COMMISSION public website (www.First5Riverside.org).

D. CONTRACTOR shall provide the COMMISSION staff and COMMISSION Public Information Specialist a copy of all public information/relations products (such as flyers, newsletters, posters, etc.) as soon as possible but not later than fourteen (14) calendar days prior to submitting to print. News releases should be submitted as soon as possible but not later than seven (7) calendar days before public release is scheduled.

E. The COMMISSION’S Public Information Specialist shall provide guidance on procedures for logo usage and printed public relations material in accordance with the COMMISSION policies.

Policies will be available on the COMMISSION public website (www.First5Riverside.org).

25. PROHIBITION OF POLITICAL/RELIGIOUS ACTIVITY
CONTRACTOR agrees that it shall not require client participation in political or religious activities in order to receive services for programs funded by the COMMISSION. Furthermore, Proposition 10 funds shall be used only for the purposes specified in this Contract and in any attachments, hereto. No Proposition 10 funds shall be used for any political activity, or to further the election or defeat of any candidate for political office. No Proposition 10 funds shall be used for purposes of religious worship, instruction or proselytizing.

26. WORK PRODUCT
A. The COMMISSION shall be the owner of the following items incidental to this Contract upon production, whether or not completed: all data collected, all documents of any type whatsoever, and any material necessary for the practical use of the data and/or documents from the time of collection and/or production whether or not performance under this Contract 163
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Approved Contract Template (05/12/21) - Action Item 21-12 Page 19 of 31 is completed or terminated prior to completion. CONTRACTOR shall not release any materials under this section except after prior written approval of the COMMISSION.

B. Material produced in whole or in part under this Contract shall not be subject to copyright in the United States or in any other country except as determined at the sole discretion of the COMMISSION. The COMMISSION will have the unrestricted authority to publish, disclose, distribute, and use in whole or in part, any reports, data, documents or other materials prepared under this Contract.

27. NON-DISCRIMINATION
Pursuant to the Affordable Care Act section 1557 (42 U.S.C. section 18116), during the performance of this Contract, CONTRACTOR shall not, and shall also require and ensure its subcontractors, providers, agents, and employees to not cause an individual, beneficiary, or applicant to be excluded on the grounds prohibited under Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or subject to any other applicable State and Federal Laws, from participation in, be denied the benefits of, or be subjected to discrimination under, any health program or activity offered through the California Department of Health Care Services. This Contract hereby incorporates by reference the provisions of Title 2, California Code of Regulations, Section 11105 et seq., as may be amended from time to time. CONTRACTOR agrees to comply with the provisions of Title 2, California Code of Regulations, Section 11105 et seq. and further agrees to include this Non-Discrimination clause in all subcontracts to perform services under this Contract.

28. CHILD ABUSE REPORTING
CONTRACTOR shall ensure that all known or suspected instances of child abuse or neglect are reported to the appropriate law enforcement agency and/or to the appropriate Child Protective Services agency. This responsibility shall include:

A. Assurance that all employees, agents, consultants or volunteers who perform services under this Contract and are mandated by Penal Code Sections 11164 et seq. to report child abuse or neglect, sign a statement, upon the commencement of employment, acknowledging reporting requirements and compliance with them;
B. Development and implementation of procedures for employees, agents, consultants, or volunteers who are not subject to the mandatory reporting laws for child abuse to report any observed or suspected incidents of child abuse to a mandated reporting party, within the program, who will ensure that the incident is reported to the appropriate agency; C. Provision of or arrangement of training in child abuse reporting laws (Penal Code, Sections 11164 et seq.) for all employees, agents, consultants, and volunteers, or verification that such persons have received training in the law within thirty (30) days of employment/volunteer activity.

29. DEPARTMENT OF JUSTICE CLEARANCE
CONTRACTOR shall obtain from the Department of Justice (DOJ), records of all convictions involving any sex crimes, drug crimes, or crimes of violence of a person who is offered employment, or volunteers, for all positions in which he or she would have contact with a minor, the aged, the blind, the disabled or a domestic violence client, as provided for in Penal Code Section 11105.3. This includes licensed personnel who are not able to provide documentation of prior DOJ clearance. A copy of a license from the State of California is sufficient proof.

CONTRACTOR must have on file for review upon request a signed statement verifying Department of Justice clearance for all appropriate individuals. 164
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30. ADULT AND ELDER ABUSE REPORTING
The CONTRACTOR shall provide documentation of a policy and procedure acceptable to the COUNTY to ensure that all employees, volunteers, consultants, subcontractors, or agents performing services under this Contract report elder and dependent adult abuse pursuant to Welfare & Institutions Code (WIC) Sections 15600 et seq. Suspected incidents of abuse should be immediately reported to the COUNTY, followed by a written report within two (2) working days.

31. INDEPENDENT CONTRACTOR
It is understood and agreed that CONTRACTOR is an independent contractor and that no relationship of employer-employee exists between the CONTRACTOR and the COMMISSION.

The CONTRACTOR, nor CONTRACTOR’S officers, agents, employees or subcontractors, shall not be entitled to any COMMISSION paid employee benefits, including Workers’ Compensation.

32. HOLD HARMLESS/INDEMNIFICATION
CONTRACTOR shall indemnify and hold harmless COMMISSION, the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to in this section as the “COUNTY”) from any liability whatsoever, based or asserted upon any services of CONTRACTOR, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Contract, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever arising from the performance of CONTRACTOR, its officers, employees, subcontractors, agents or representatives under this Contract. CONTRACTOR shall defend the COUNTY at CONTRACTOR’S sole expense, including all costs and fees (including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards), the COUNTY in any claim or action based upon such alleged acts or omissions.

With respect to any action or claim subject to indemnification herein by CONTRACTOR, CONTRACTOR shall, at sole cost, have the right to use counsel of choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CONTRACTOR’S indemnification to the COUNTY as set forth herein.

CONTRACTOR’S obligation hereunder shall be satisfied when CONTRACTOR has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.

The specified insurance limits required in this Contract shall in no way limit or circumscribe CONTRACTOR’S obligations to indemnify and hold harmless the COUNTY herein from third party claims.

In the event there is a conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CONTRACTOR from indemnifying the COUNTY to the fullest extent allowed by law.

A. If CONTRACTOR is a public entity, as defined by applicable law, the COMMISSION and CONTRACTOR, to the extent that liability may be imposed on the COMMISSION by the provisions of Government Code Section 895.2, shall be liable for acts or omissions, including all claims, liabilities, injuries, suits, and demands and expenses of all kinds which may result or arise out of any alleged malfeasance or neglect, caused or alleged to have been caused by either the COMMISSION or CONTRACTOR’S, employees or representatives, performance or omission of any act or responsibility of either party under this Contract. In the event that a claim is made against both the COMMISSION and CONTRACTOR, both parties shall cooperate in the defense of said claim and to cause insurers to do likewise. 165
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Approved Contract Template (05/12/21) - Action Item 21-12 Page 21 of 31 B. CONTRACTOR agrees to indemnify the COMMISSION for all federal/state withholding or state retirement payments, which the COMMISSION may be required to make by the federal or state government as a result of this Contract. If for any reason, CONTRACTOR is determined not to be an independent contractor to the COMMISSION in carrying out the terms of the Contract, such indemnification shall be paid in full to the COMMISSION upon sixty (60) calendar days written notice to CONTRACTOR if a federal and/or state determination is made that such payment is required.`

33. INSURANCE
Without limiting or diminishing the CONTRACTOR’S obligation to indemnify or hold the COUNTY harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Contract. Pertinent to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

Workers’ Compensation:

If the CONTRACTOR has employees as defined by the State of California, the CONTRACTOR shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than one million dollars ($1,000,000) per person per accident. The policy shall be endorsed to waive subrogation in favor of the County of Riverside, and if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement.

Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross-liability coverage, covering claims which may arise from or out of CONTRACTOR’S performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insureds. Policy limit of liability shall not be less than two million dollars ($2,000,000) per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Contract or be no less than two (2) times the occurrence limit.

Vehicle Liability:

If vehicles or mobile equipment are used in the performance of the obligations under this Contract, then CONTRACTOR shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than one million dollars ($1,000,000) per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Contract or be no less than two (2) times the occurrence limit. The policy shall name the COUNTY as Additional Insured.

Professional Liability Insurance:

CONTRACTOR shall maintain Professional Liability Insurance providing coverage for the CONTRACTOR’S performance of work included within this Contract, with a limit of liability of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate. If CONTRACTOR’S Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Contract and CONTRACTOR shall purchase at his sole expense either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or 2) Prior Dates Coverage from new insurer with a retroactive date back to the date of, or prior to, the inception of this Contract; or 3) demonstrate through Certificates of Insurance that CONTRACTOR has 166
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Approved Contract Template (05/12/21) - Action Item 21-12 Page 22 of 31 maintained continuous coverage with the same or original insurer. Coverage provided under items 1), 2) or 3) will continue as long as the law allows.

General Insurance Provisions - All lines:

1. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the COUNTY Risk Manager. If the COUNTY’S Risk Manager waives a requirement or a particular insurer, such waiver is only valid for that specific insurer and only for one (1) policy term.

2. The CONTRACTOR must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds five hundred thousand dollars ($500,000) per occurrence such retention shall have the prior written consent of the COUNTY Risk Manager before the commencement of operations under this Contract.

Upon notification of self-insured retention unacceptable to the COUNTY and at the election of the County’s Risk Manager, CONTRACTOR’S carriers shall either; 1) reduce or eliminate such self-insured retention with respect to this Contract with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.

3. CONTRACTOR shall cause CONTRACTOR’S insurance carrier(s) to furnish the COUNTY with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and/or 2) if requested to do so orally or in writing by the COUNTY Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) working days written notice shall be given to the COUNTY prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If CONTRACTOR’S insurance carrier(s) policies does not meet the minimum notice of requirement found herein, CONTRACTOR shall cause CONTRACTOR’S insurance carrier(s) to furnish a thirty (30) day Notice of Cancellation Endorsement.

4. In the event of a material modification, cancellation, expiration or reduction in coverage, this Contract shall terminate forthwith, unless the COUNTY receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. CONTRACTOR shall not commence operations until the COUNTY has been furnished original Certificate(s) of Insurance and certified original copies of endorsement and if requested, certified original policies of insurance including all endorsements and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance.

5. It is understood and agreed to by the parties hereto that the CONTRACTOR’S insurance shall be construed as primary insurance and the COUNTY'S insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

6. If during the term of this Contract or any extension thereof there is a material change in the scope of services; or there is a material change in the equipment to be used in the performance of the SOW; or this Contract, including any extensions thereof, exceeds five (5) years; the COUNTY reserves the right to adjust the types of insurance required under this Contract and the monetary limits of liability for the insurance coverage currently 167
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Approved Contract Template (05/12/21) - Action Item 21-12 Page 23 of 31 required herein, if in the COUNTY Risk Manager's reasonable judgment the amount or type of insurance carried by the CONTRACTOR has become inadequate.

7. CONTRACTOR shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Contract.

8. The insurance requirements contained in this Contract may be met with a program(s) of self-insurance acceptable to the COUNTY.

9. CONTRACTOR agrees to immediately notify COUNTY in writing of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Contract.

Adjustment and/or Waiver of Requirements:

The COMMISSION Executive Director (or designee), in consultation with the COUNTY’S Risk Manager, may adjust the insurance requirements set forth herein as deemed necessary for the Contract, and/or may waive insurance requirements where not applicable to the Contract.

Insurance endorsements shall be submitted to the COMMISSION upon submission of the fully executed Contract, but no later than when contract work commences.

34. ASSIGNMENT
This Contract shall not be assigned by CONTRACTOR, either in whole or in part, without prior written consent of the COMMISSION, as approved and authorized by formal action of the COMMISSION.

35. ALTERATION AND/OR AMENDMENT
No alteration, amendment, or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties hereto. Oral understandings of Contract not incorporated herein shall not be binding on any of the parties hereto. As provided herein, the COMMISSION Executive Director, acting on behalf of the COMMISSION, may alter or revise this Contract on behalf of the COMMISSION. Material alterations and/or amendments, as determined by the COMMISSION Executive Director in consultation with County legal counsel, will require formal approval of the COMMISSION. Except as provided herein, the parties expressly recognized that individual COMMISSION members, COMMISSION Advisory Committee members, or staff to the COMMISSION is without authorization to either change or waive any material requirements of this Contract without formal action of the COMMISSION.

36. CONFLICT OF INTEREST
CONTRACTOR shall have no economic interest and shall not acquire any economic interest, direct or indirect, which will conflict in any manner or degree with the performance of services required under this Contract.

37. WAIVER AND SEVERABILITY
Any waiver by the COMMISSION of any breach or default hereof by CONTRACTOR shall be deemed to be a waiver of any preceding or succeeding breach or default hereof, and no waiver shall be operative unless the same shall be in writing. In the event any provision in this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions hereof shall remain in full force and effect without being impaired or invalidated in any way.

38. DISALLOWANCE
In the event CONTRACTOR receives payment for services under this Contract, which is later disallowed for nonconformance with the terms and conditions herein, CONTRACTOR shall 168
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Approved Contract Template (05/12/21) - Action Item 21-12 Page 24 of 31 promptly refund the disallowed amount to the COMMISSION upon request. The COMMISSION retains the option to offset the amount disallowed from any payment due to the CONTRACTOR under this Contract, or under any other Contract between CONTRACTOR and the COMMISSION.

39. OFFICIAL DOCUMENTS
Upon the Contract approval by the COMMISSION, and full execution of the Contract by COMMISSION and CONTRACTOR, one (1) fully executed copy will be sent to the CONTRACTOR. Such copy shall be the officially approved Contract for the conduct of the approved project.

40. ENTIRE CONTRACT
This Contract, inclusive of all attachments and exhibits, constitutes the entire Contract between the parties. Any modifications to the terms of this Contract shall be by the provisions detailed in the Section entitled “Alteration and/or Amendment” herein.

41. NONEXCLUSIVE CONTRACT
CONTRACTOR understands that this is not an exclusive Contract and that the COMMISSION shall have the right to negotiate with and enter into Contracts with others providing the same or similar services as those provided by CONTRACTOR as the COMMISSION desires and at the sole discretion of the COMMISSION.

42. CERTIFICATION OF AUTHORITY TO EXECUTE THIS CONTRACT CONTRACTOR certifies that the individual signing herein has authority to execute this Contract on behalf of CONTRACTOR and may legally bind CONTRACTOR to the terms and conditions of this Contract and any attachments hereto.

43. COMPLIANCE WITH LAW
CONTRACTOR shall, at its sole cost and expense, comply with all County, State, and Federal law now in force or which may hereafter be in force with regard to this Contract. The judgment of any court of competent jurisdiction, or the admission of CONTRACTOR in any action against CONTRACTOR, whether the COMMISSION be a party thereto or not, that CONTRACTOR has violated any such ordinance or statute, shall be conclusive of that fact as between CONTRACTOR and the COMMISSION.

44. CONFLICTS IN INTERPRETATION
In the event of a conflict in interpretation by the parties of the provisions contained in the numbered sections of this Contract and the provisions contained in the attachments hereto, the provisions of the attachments in the Contract shall prevail over those in numbered sections.

45. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts 169
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Approved Contract Template (05/12/21) - Action Item 21-12 Page 25 of 31 among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
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Approved Contract Template (05/12/21) - Action Item 21-12 Page 26 of 31 ATTACHMENT A: SCOPE OF WORK
Contractor: City of Banning
Program: Drowning Prevention
Contract #: CF25117
Term: 04/01/2025 – 06/30/2026
Program Overview:

The City of Banning Parks and Recreation Department, Aquatics Division, offers a variety of healthy, affordable, and safe aquatic activities at its public pool. The Aquatics Division serves both the city and the surrounding community, with the pool open during the summer months starting on Memorial Day Weekend.

These swim lessons are kept small, with a maximum of six students per class, ensuring minimal distractions—an essential factor for young learners. The classes are taught by certified lifeguards and follow American Red Cross skill standards, with a focus on fostering a lifelong love of swimming while promoting water safety. Instructors teach essential drowning prevention and intervention skills. The program’s goal is to reduce drowning incidents by equipping children with the knowledge and skills needed to stay safe in and around water. This initiative is unique in that it includes infants and toddlers.

SOW Details:

The City of Banning is a key partner in providing swim lessons to children ages six months to five years, with priority given to families eligible for public assistance, those who have experienced near drowning, or those at risk for drowning, as well as families served by First 5 Riverside County Funded agency.

Lessons will be offered on a first come first served basis to families that meet one or more of the following criteria:
• Children served by a First 5 Riverside County funded agency. • Children who have experienced a near drowning or who are at a greater risk for drowning (ex. child lives near an open body of water)
• Children of families eligible for public assistance including but not limited to:
o CalWorks
o CalFresh
o Medi-Cal
o WIC
o Quality Start Riverside County CAPP/RHAP
o Other Criteria as approved by First 5 Riverside County that define eligibility Participating children must be at least six months old to enroll.

Priority enrollment will be given to children that are high risk for drowning: those living in a home with access to a pool, have a family member with a pool, infants/toddlers, children who have experienced a near drowning and children involved in the child welfare system. 171
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Approved Contract Template (05/12/21) - Action Item 21-12 Page 27 of 31 Targets: Annual Aggregate
On a quarterly basis, City of Banning will report the demographic information for each child who completes a swim lesson series funded by First 5 Riverside County by pool location and date of first lesson. The demographic information to be collected for each child will include:

1. The number of children who complete swim lessons:

1. Child's age (6 months - 3 years) or (3 years - 5 years)

2. Primary language spoken at home

3. Child's ethnicity

4. City of residency

5. Zip Code residency

2. The number of children receiving refresher lessons

3. The number of families that received drowning prevention educational materials

4. PPR Activities and Accomplishments (Section 1 of 3)

5. PPR Challenges and Course Corrections (Section 2 of 3)

6. PPR Success Story Section 3 of 3)
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Approved Contract Template (05/12/21) - Action Item 21-12 Page 28 of 31 ATTACHMENT B: BUDGET
Budget Start Date: 04/01/2025
Budget End Date: 06/30/2026
Total Amount: $5,500
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Approved Contract Template (05/12/21) - Action Item 21-12 Page 29 of 31 ATTACHMENT C: PAYMENT PROVISIONS
A. FISCAL
The maximum amount reimbursable over the life of this Contract shall not exceed $5,500 for the duration of the Contract period as awarded by the Riverside County Children and Families Commission, also known as First 5 Riverside County, (hereinafter the “COMMISSION” or “COUNTY”), provided pursuant to the California Children and Families Act of 1998, also known as Proposition 10.

CONTRACT PERIOD: 04/01/2025 – 06/30/2026

1. Method, Time, and Schedule Conditions of Payment
a. The COMMISSION will disburse funds on a reimbursement payment process based on the Contract Budget (Attachment “B”) amount for the applicable fiscal year and monthly report submissions. Payment will be rendered thirty (30) business days from submission of all required documentation and/or the reporting deadline. b. Disbursement of any payment of funds to CONTRACTOR shall be made so long as all of the following conditions have been met:

1. The Contract has been approved by the COMMISSION;

2. The Contract has been fully executed by all parties;

3. All applicable licenses to comply with the terms of the SOW are current and valid; and

4. The CONTRACTOR submits monthly itemized invoices, via the data management system to include the supporting documentation separated by a cover sheet in front of each expense category. Documentation shall include; payroll register or report, time & activity report and/or, timesheets, statement of costs, copy of invoice or receipt, mileage report(s), copy of check(s) or proof of payment; and

5. COMMISSION staff has reviewed and approved Cost Allocation Plan (if applicable). c. Under special circumstances, CONTRACTOR may request advance disbursements. A supplemental disbursement request along with justification must be submitted, in writing, to the Executive Director or designee.
d. The COMMISSION Executive Director, or designee, reserves the right to withhold or reduce disbursement of funds if CONTRACTOR fails to 1) comply with monthly and/or quarterly reports by the indicated due date as set forth in Section 11 of the Contract; 2) if results achieved are not as projected and no COMMISSION approved plan is in place for improvement; or 3) if the CONTRACTOR is not in compliance with any provision contained within this Contract.
e. The final funding period amount approved for the applicable fiscal year will be paid based on final expenditures as of June 30th, and reported as of the final deadline to submit program expenditures defined in Section 11. Fiscal and Program Reporting Requirements, A. Fiscal Reporting. Expenditures made after June 30th will not be accepted.

2. Allowable Costs
Funds provided pursuant to this Contract shall be expended by CONTRACTOR in accordance with the Budget.
a. Such specified expenditures will be further limited to those that are considered both reasonable and necessary as determined by the COMMISSION. CONTRACTOR agrees COMMISSION may recover any payments for services or goods, including rental of facilities, which were not reasonable and necessary, or which exceeded the fair market value. The 174
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Approved Contract Template (05/12/21) - Action Item 21-12 Page 30 of 31 recovery shall be limited to payments over and above reasonable or fair market amounts and any costs of recovery.
b. The reasonable and allowable reimbursement rate for use of motor vehicles, travel expenses and food are based on the current IRS allowable rate.
c. Contractor shall obtain approval for all overnight travel and out of State travel as it relates to services provided in this Contract. Reimbursement as it relates to pre-approved travel will be based on the Federal allowable rate. Request must be submitted in writing thirty (30) days in advance of travel date and travel must be approved in advance by COMMISSION management.
175
CF25117 A0-CTBAN-DPSWM
Approved Contract Template (05/12/21) - Action Item 21-12 Page 31 of 31 ATTACHMENT D: COMPREHENSIVE TOBACCO CONTROL POLICY
As a material condition of the Contract, the CONTRACTOR shall agree that the CONTRACTOR and the CONTRACTOR’S employees, while receiving funding from the COMMISSION:

1. Shall not use tobacco products while using the CONTRACTOR’S property e.g., vehicle, equipment; and

2. Shall not sell, offer, or provide tobacco products on CONTRACTOR 'S premises; and

3. Shall have tobacco education and cessation materials visibly available and accessible to clients participating in activities funded by Proposition 10 funds; and

4. Shall assure that the CONTRACTOR and its employees have no current business association or relationship with the tobacco industry, and further agrees to neither accept nor solicit financial contributions, sponsorships, gifts, or services from any tobacco company, executive, or tobaccorelated function; and

5. Shall make a reasonable effort to divest of all investments in companies that derive fifteen percent (15%) or more of revenues from tobacco.

The COMMISSION may terminate for default or breach of this Contract and any other Contract the CONTRACTOR has with the COMMISSION, if the CONTRACTOR or CONTRACTOR'S employees, are determined by the COMMISSION Executive Director (or designee), not to be in compliance with the conditions set forth herein.

If the CONTRACTOR or CONTRACTOR’S employees are determined by the COMMISSION Executive Director (or designee) not to be in compliance with the conditions set forth herein, the COMMISSION may terminate for default or breach of this Contract and any other Contract the COMMISSION has with the CONTRACTOR.

In instances where the CONTRACTOR is part of a larger entity, and where the entity has an investment policy set by governance officials other than the CONTRACTOR, and the CONTRACTOR is not directly involved in such investment decisions, CONTRACTOR agrees to the provisions herein as required in the programs and activities under the direct control of the CONTRACTOR to the satisfaction of the COMMISSION Executive Director (or designee). Activities of the larger entity other than investment decisions, which are not under the direct control of CONTRACTOR, shall not be considered to be in violation of CONTRACTOR’S activities pursuant to the policy. 176

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: David Newell, Community Development Director MEETING DATE: March 11, 2025
SUBJECT: Consideration of Resolution 2025-34, Approving a Sole Source Agreement for Professional Services with Willdan Engineering, Inc. for (1) Building and Safety Services in an Amount Not to Exceed $426,000 for Six Months and (2) Planning Services in an Amount Not to Exceed $151,000 for Nine Months.

RECOMMENDATION:

Adopt Resolution 2025-34.

BACKGROUND:

The Community Development Department, which includes the Building & Safety, Fire Prevention and Planning Services Divisions, manages the land use entitlement and construction permitting process for development projects in the City, including new projects and improvements to existing developments.

For the last five years, the City has augmented its services with contractual staff in this Department to support the demand for new development and growth, as demonstrated by the rise in population during the same time.

Building & Safety Services:

In 2019, after a request for proposals and procurement (RFP) process, the City contracted with Willdan Engineering, Inc. (Willdan) to provide staffing and support services for the Building and Safety Division (C00608). The services provided by Willdan include building permit processing, all building and landscape plan check reviews, building and landscaping inspections, and other staffing services as needed for this Division. Based on current needs, Willdan provides the three on-site, fulltime staff (building official, permit technician and building inspector) and has increased or decreased the on-site staffing based on the City's staffing fluctuations. Currently, the Building & Safety Division has three fulltime employees (Building Inspector and (2) Permit Technicians) and there have been challenges filling the other two allocated positions (Building Official and Senior Building Inspector).

The Willdan contract was approved by City Council with subsequent amendments as follows:
9/24/19 - City Council adopted Resolution 2019-122 approving the agreement for three years and for a total amount not to exceed $1,470,960
1/25/22 - City Council adopted Resolution 2022-09, amending the agreement and increasing the contract sum to $2,185,862.50 for the three year term
2/28/23 - City Council adopted Resolution 2023-44, amending the agreement to extend contract through 6/30/24 and increase the contract sum to $2,797,862.50 2/27/24 - City Council adopted Resolution 2024-37, amending the agreement to extend contract through 9/23/24 and increase the contract sum to $3,267,862.50 177
6/25/24 - City Council adopted Resolution 2024-104, amending the agreement to extend the contract through 3/31/25 and increase the contract sum to $4,167,862.50 The contract with Willdan is set to expire on March 31, 2025, unless the proposed amendment is approved for the requested 6-month period.

Planning Services:

In 2020, the City contracted with Romo Planning Group, Inc. (RPG) to provide planning services and augment staffing in the Planning Division. These services were to assist with managing several land use entitlement applications and the day-to-day functions of the Planning Division, including zoning and project review, environmental analysis, and other typical functions that were needed to manage the large amount of work that is required of the Planning Division. On August 8, 2020, the City Council adopted Resolution 2020-106 and authorized the contract for a five year period for an amount not to exceed $510,000. Subsequent amendments were approved, authorizing the contract to ultimately extend through August 25, 2025 and not exceed $1,155,000. While the City hasn't utilized the services authorized under this agreement in recent months, staff reached out to RPG in January to seek staff support services and was notified the company would no longer be available to provide services to the City.

The Planning Division currently has three full-time staff members (Associate Planner, Project Coordinator and a recently hired Assistant Planner). The Planning Manager recently resigned to take a promotional opportunity with another City, so there is a need to augment services in the Planning Division and provide project management of land use applications and the general plan update, conduct planning and zoning reviews and inspections, and support other functions of the Division.

Due to its current relationship with Willdan, Staff requested a proposal from Willdan's Planning Services team to augment its Planning Services and they provided a proposal to provide this support immediately.

To minimize service disruptions beyond March, the Community Development Department is proposing a sole source agreement with Willdan to provide both Building and Safety and Planning Services. The sole source agreement would provide these services for six to nine months which would allow additional time for City staff to issue an RFP and solicit services to respond to the City's continued demand for Planning and Building and Safety Services.

JUSTIFICATION:

It is common practice for jurisdictions to contract with third party contractors to provide plan check review services to provide timely and efficient services and ensure the necessary expertise is utilized for applying applicable codes for the varying types of projects that are constructed in a City or County. The fees for these services generally are paid by application review fees.

The additional on-site staffing ensure the Department provides responsive and efficient service to the business and development community and can generally be covered by application fees, although Community Development Departments generally require subsidy from the General Fund due to application fee subsidies that are often made as a policy decision during the adoption of the fee schedule. The City is currently undergoing a fee study and will be presenting the results of this study in the coming months to the City Council.

Willdan has demonstrated to provide competent and professional services and has the capacity to assist the City with its current needs.

FISCAL IMPACT:

The requested services were budgeted as part of the 2024/2025 budget and will not exceed previously budgeted amounts. The estimated costs for the contract term are as follows: Building and Safety Services not to exceed $426,000 and for Planning Services not to exceed $151,000. 178
The Building and Safety Division services will be paid out of the Division's Contract SVC-Professional / Professional Services Account (GL 001-2700-442.33-11) which has a balance of $510,299.25. This account is current on invoice payments through January 2025 and is estimated to have a remaining balance of $368,299.25 (when assuming $71,000 monthly invoices - a safe estimate based on prior invoices that have been lower - from Willdan for February and March).

The Planning Division services will be paid out of the Division's Contractual SVC-Professional / Planning Services Account (GL 001-2800-441.33.41), which has a balance of $152,946. There are no outstanding invoices payable from this account.

ALTERNATIVES:

Provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-34, Willdan Sole Source.docx

2. C01133 - Willdan - Staff Augmentation Building & Safety and Planning.pdf

3. 2019 Agreement (C00608) with WILLDAN ENGINEERING

4. Willdan FY 24-25 Rate Increase

5. Willdan Sole Source.pdf
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Resolution 2025-34

Page 1 of 4 ends

Banning City CouncilMarch 11, 2025

Banning City Council
March 11, 2025