Agenda packet, regular meeting — Banning City Council, June 10, 2025 (part 1 of 2)

June 10, 2025
5:00 p.m.

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

1. CALL TO ORDER
AGENDA

CITY COUNCIL - REGULAR MEETING

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:
https://us02web.zoom.us/j/82012644588?pwd=RwqtJC8xehLDKZvr3LEKOf9u8uP2pt.1 Dial in: +1 669 900 9128
Meeting ID: 820 1264 4588
Password: 92220
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.

TELECOMMUTING LOCATION
Mayor Pro Tem Royce will be participating from a remote location where the public is invite to attend:

Lobby/Business Center, 160 Portal Lane, Sedona AZ 86336.

1.1 INVOCATION
Performed by Pastor Preston Norman of Praise Tabernacle Church

1.2 PLEDGE OF ALLEGIANCE

1.3 ROLL CALL
City Council - Regular Meeting Agenda
June 10, 2025
1 2. AGENDA APPROVAL

3. PRESENTATIONS

3.1 Presentation by the Stagecoach Days Association on the 2024 Stagecoach Days

3.2 Presentation by Members of the City of Banning Youth Council

3.3 Recognition of Outgoing Banning Youth Council Members

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 February 25, 2025 City Council Meetings

2.1 AGENDA APPROVAL
Recommendation: Receive and file.

Recommendation: Receive and file.

Recommendation: Two Youth Council members are set to graduate this June. Staff requests City Council acknowledge and recognize their tremendous service to the community through their involvement.

John Pinkney, Interim City Attorney

5.1 PUBLIC COMMENTS

5.2 CORRESPONDENCE

5.3 APPOINTMENTS

5.3.1. Planning Commission Appointments for Positions 4 and 5 Recommendation: Appoint two of five applicants to Positions 4 and 5 on the Planning Commission, with terms beginning upon appointment and concluding in January 2027.

5.3.2. Consideration of the Appointment of Two Members of the Banning City Council to a 2X2 Ad Hoc Committee for the Purpose of Discussing issues with the Larry Smith Correctional Facility in the City of Banning
Recommendation:

Appoint two members of the Banning City Council on a 2X2 Ad Hoc committee along with two members of the community for the purpose of discussing releases from the Banning jail.

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.

City Council - Regular Meeting Agenda
June 10, 2025
2 6.2 Consideration of Resolution 2025-79, Approving Amendment No. 2 to the Services Agreement with Yunex, LLC in the Amount of $75,000 Extending the Term through FY 2027/2028 Citywide Traffic Signal Maintenance Services

6.3 Consideration of Resolution 2025-80, Approving the First Amendment to Extend the End Date of the Sole-Source Professional Services Agreement with VCS Environmental to Provide Wetland Permitting Consulting and Strategy Services to the City of Banning until June 30, 2026 with a Remaining Balance of $152,551

6.4 Consideration of a Fee Waiver Request Not-to-Exceed $5,370 for Stagecoach Days Association's Use of Dysart Park for Equestrian and Community Events (Other than "Stagecoach Days") to Benefit the Community

6.5 Consideration of Resolution 2025-81, Approving a List of Projects to be Funded for Fiscal Year 2025/2026 by SB 1 “The Road Repair and Accountability Act of 2017”

6.6 Consideration of Resolution 2025-82, Approving the Sixth Amendment to the Street Sweeping Services Agreement with Sweeping Corp of America (SCA) for 2025/2026 under Sourcewell Contract #062421-SWP Increasing the Compensation in the amount of $149,352 for the Extended Term

6.7 Consideration of Resolution 2025-83, Approving a Renewed Memorandum of Understanding between the City of Banning and the Stagecoach Days Association for the "Stagecoach Days" Event

6.8 Consideration of Resolution 2025-84, Approving a License Agreement with the Girl Scouts of San Gorgonio Council for the Use of the Girl Scout House Located in Repplier Park

6.9 Consideration of Resolution 2025-85, Approving the Installation of a Stop Sign and Establishing A Multi-Way Stop Controlled Intersection at Highland Springs Avenue and Potrero Boulevard

7. PUBLIC HEARINGS

7.1 Consideration of Resolution 2025-86, Confirming the Levy and Collection of Assessments within the City of Banning’s Landscape Maintenance District No. 1 for Fiscal Year 2025/2026

8. REPORTS OF OFFICERS

8.1 Consideration of Introduction and First Reading of Ordinance 1608, Amending Chapter 5.40 of the Banning Municipal Code Concerning Film Permits and Regulations

8.2 Proposed Restriping of Highland Springs Avenue Median Between Ramsey Street and Recommendation: Approve the minutes of the February 14 and February 25, 2025 City Council Meetings.

Recommendation: Adopt Resolution 2025-79.

Recommendation: Adopt Resolution 2025-80.

Recommendation: Approve the fee waiver of no more than $5,370.

Recommendation: Adopt Resolution 2025-81.

Recommendation: Adopt Resolution 2025-82.

Recommendation: Adopt Resolution 2025-83.

Recommendation: Adopt Resolution 2025-84.

Recommendation: Adopt Resolution 2025-85.

Recommendation: Adopt Resolution 2025-86.

Recommendation: Introduce and conduct first reading of Ordinance 1608.

City Council - Regular Meeting Agenda
June 10, 2025
3 Joshua Palmer Way by the City of Beaumont

9. DISCUSSION ITEMS

9.1 Discussion on Expanding Public Notification Requirements in Banning Zoning Ordinance Related to Land Use Development Applications

9.2 Discussion on Changing the City's Retail Cannabis Tax Rate

10. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS

11. ITEMS FOR FUTURE AGENDAS

12. ADJOURNMENT
Recommendation: Provide direction to staff if there are any significant concerns from the City of Banning to communicate to City of Beaumont staff.

Recommendation: Provide direction to staff for a Zoning Ordinance Amendment to be scheduled at a future meeting of the Planning Commission and City Council.

Recommendation:

Discussion item requested by Council person Richard Royce.

11.1 NEW ITEMS

11.2 EXISTING ITEMS

1. Update on Community Garden (Flynn)

2. Contracting Animal Services (Flynn)

3. Emergency Preparedness (Barrington)

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

5. Patriot Tree (Barrington)

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

7. RFP for City Manager (Wallace)

8. Long term City Strategic Planning (Miller)

9. Update on Electric Billing (Miller)

10. Review and Update Council Travel Policy (Flynn)

11. 2x2 Committee on Smith Correctional Facility (Royce) Next Regular Meeting – June 24, 2025
Zoom Community Standards for Public Meetings
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.

Your microphone must remain on mute, and you may only unmute your microphone when/if you are recognized by the Mayor.

Your camera must be turned off unless/until you are recognized by the Mayor.

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.

City Council - Regular Meeting Agenda
June 10, 2025
4 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.

Su micrófono debe permanecer en silencio, y solo puede reactivar su micrófono cuando / si es reconocido por el alcalde.

Su cámara debe estar apagada a menos que sea reconocido por el alcalde.

Para indicar el deseo de hacer un Comentario Público, debe utilizar la función Levantar la mano. El alcalde no reconocerá a quienes no hayan utilizado la función Levantar la mano.

Los comentarios públicos de lo que atienden por Zoom seguirán inmediatamente los comentarios en persona de los miembros del público en las Cámaras del Consejo.

Si no cumple con estas pautas de la comunidad, es posible que lo destituyan por interrumpir la reunión que tiene lugar en las Cámaras del Consejo. Puede volver a unirse a la reunión, pero es posible que lo eliminen por cada violación de estos estándares de la comunidad.

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.
_________________________
Vickie Sellers, Elected City Clerk
Secretaria Municipal Electa
City Council - Regular Meeting Agenda
June 10, 2025
5 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
June 10, 2025
6 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director Ralph Wright, Parks and Recreation Director
MEETING DATE: June 10, 2025
SUBJECT: Presentation by the Stagecoach Days Association on the 2024 Stagecoach Days
RECOMMENDATION:

Receive and file.

BACKGROUND:

Stagecoach Days is one of Banning's signature events as the longest running and largest community event in Banning. A representative of the Stagecoach Days Association will give a presentation this past year's event.

JUSTIFICATION:

The city sponsors the annual Stagecoach Days event and supports the event financially and with in-kind services. Additionally, the event is a significant positive generator for economic activity in the City of Banning.

FISCAL IMPACT:

There is no fiscal impact associated with this presentation.

ALTERNATIVES:

None provided.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
7 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: June 10, 2025
SUBJECT: Presentation by Members of the City of Banning Youth Council RECOMMENDATION:

Receive and file.

BACKGROUND:

The City of Banning established the Banning Youth Council in 2024 and the Banning Youth Council will provide a report on their activity over the last year.

JUSTIFICATION:

The Banning Youth Council was established to serve as an advisory board to the Banning City Council and provide youth of the City with a vehicle to have their voices heard and to participate in City Government.

FISCAL IMPACT:

There is no fiscal impact associated with this presentation.

ALTERNATIVES:

None provided
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
8 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: June 10, 2025
SUBJECT: Recognition of Outgoing Banning Youth Council Members RECOMMENDATION:

Two Youth Council members are set to graduate this June. Staff requests City Council acknowledge and recognize their tremendous service to the community through their involvement.

BACKGROUND:

The Banning Youth Council is comprised of seven to nine members and meets monthly on the first Tuesday beginning at 5 pm.

JUSTIFICATION:

Both Justin Smith and Adan Fragas were appointed on February 27, 2024.

FISCAL IMPACT:

N/A
ALTERNATIVES:

N/A
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
9 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: June 10, 2025
SUBJECT: 5.3.1. Planning Commission Appointments for Positions 4 and 5 RECOMMENDATION:

Appoint two of five applicants to Positions 4 and 5 on the Planning Commission, with terms beginning upon appointment and concluding in January 2027.

BACKGROUND:

The Planning Commission’s rules and responsibilities are governed by Chapter 2.28 of the Municipal Code. The Commission’s two main functions are to review land development applications for compliance with the Zoning Code and to make recommendations to the City Council regarding large projects and changes to the General Plan or Zoning Ordinance.

One vacancy was created when the City Council removed one member from the Planning Commission at the March 25, 2025 meeting. The second vacancy stems from a resignation received on March 25, 2025 from Robert Wilcox. Both positions are terms expiring in January 2027. The recruitment began immediately, with public notice in the May 2, 2025 edition of the Record Gazette. Several postings were made on the City's social media pages before the application period closed on Friday, May 30, 2025.

The City Clerk's Office received five applications in that time.

JUSTIFICATION:

Five applications were received for the Planning Commission vacancies and are up for consideration:

Edward Dean
David Ellis
Al Marshall
Gerry Phelps
Marco Santana
Applicants will be interviewed during the 4:00 p.m. Special Meeting - Workshop on Tuesday, June 10th.

FISCAL IMPACT:

N/A
ALTERNATIVES:

Do not appoint and provide staff with alternate direction.

BUDGETED?:

No
10 CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. PC Applications Combined.pdf

2. 2025 05 02_PC Vacancy Affidavit.pdf

3. Banning MC Section 2.28
11 RECEIVED
MAY 2 1 2025
City of Banning
Cit Clerk's Office

APPLICATION TO SERVE ON PLANNING COMMISSION
This application is to fill two vacancies on the City of Banning Planning Commission. The term of office will begin upon appointment and will expire on January 31, 2027. The Planning Commission meets monthly on the First Wednesday of each month at 5:30 p.m. Applications are due to the City Clerk's Office no later than Friday, May 30, 2025.

Name
Phone
Email Address
Address
Edward Charles Dean Ill
(951) 451-8470
[email protected]
4038 Hillside Dr., Banning, CA 92220
Are you currently employed? D Yes IX! No
Position _N_IA __________ Company _N_IA __________ _
Length of Residency in Banning 14 Years (2000-2008) (2018-Current) Are you a registered voter? IX] Yes □ No
Are you able to commit to reviewing and evaluating commission staff reports, which are typically lengthy and can be complex? Are you able to attend commission meetings at the regular meeting date and time, as well as possible special meetings, which occur from time-to-time?
~ Yes
~ Yes
□ No
Information requested below will be used by the City Council as a screening process to determine which applicants will be interviewed for the Planning Commission. All applications and/or materials submitted for this purpose become a public record.

Ample space is provided. Please do not submit supplemental materials.

1. Tell us about your background, including education, work, and volunteer experience, civic involvement, and other experience relevant to this appointment.

I bring 14 years of U.S. Army experience as a Personnel and Administration Specialist and Military Training Supervisor, with expertise in land-use planning, resource management, and regulatory compliance. I've advised senior leadership on zoning, policy, and operational strategy-€xperience directly applicable to civic planning. I hold a Bachelor's degree in Business Administration with a concentration in Marketing, which strengthens my ability to analyze trends, engage the public, and communicate complex information clearly. My background includes leading diverse teams, balancing competing interests, and advancing equitable, community-centered solutions. I'm committed to supporting Banning's strategic growth through sustainable development, environmental stewardship, and inclusive planning as a member of the Planning Commission. I also co-founded a local development company focused on revitalizing underutilized spaces, giving me firsthand insight into the challenges and opportunities facing small cities like ours. My goals is to help Banning grow in a way that honors its heritage, meets the needs of today's residents, and creates opportunities for future generations.

Planning Commission Application Page 1 of 3
12 2. What types of major issues should the Planning Commission deal with? - Guide Sustainable Urban Growth: The Planning Commission should shape Banning's long-term development by balancing residential, commercial, and environmental priorities. This includes enforcing responsible land use, updating zoning regulations, and promoting smart growth that protects the city's unique character and quality of life. - Promote Affordable Housing and Inclusive Development: It must address housing accessibility by reviewing policies that support diverse, affordable housing options and revitalizing underused areas to foster walkable, vibrant neighborhoods. - Strengthen Infrastructure and Transportation: The Commission should oversee infrastructure planning to support population growth, improve mobility, and ensure reliable utilities-while prioritizing public safety, accessibility, and future-ready systems. - Ensure Economic and Environmental Resilience: It must balance economic development with environmental preservation and historic conservation, supporting projects that stimulate the local economy without compromising sustainability or community well-being.

3. Identify specific challenges and opportunities facing the City's future growth and development. Explain how you feel they may be resolved (be specific):

1. Housing Development and Affordability
Challenge: Growing demand for housing may affect affordability.

Opportunity: Promote affordable and mixed-use housing developments.

Resolution: Update housing policies and partner with developers to offer diverse housing options.

2. Economic Development and Job Creation
Challenge: Need to diversify the economy and create local job opportunities.

Opportunity: Attract businesses to boost local economic growth.

Resolution: Implement economic development plans, offer incentives, and improve infrastructure.

3. Public Safety and Crime Prevention
Challenge: Rising crime rates may concern residents.

Opportunity: Enhance public safety to improve quality of life.

Resolution: Invest in law enforcement, community policing, and crime prevention initiatives.

4. Infrastructure and Transportation
Challenge: Rapid growth may strain infrastructure and traffic.

Opportunity: Improve infrastructure to support expansion.

Resolution: Prioritize road expansions, public transit, and utility improvements.

Planning Commission Application Page 2 of 3
13 Additional Information about this Position
Per City of Banning Municipal Code Chapter 2. 28, proof of residency shall be submitted at time of application to the Commission through voter registration or a utility bill at a physical address within city boundaries. Residency shall be confirmed prior to appointment and maintained throughout the term served. Applicants will be expected to attend a brief orientation session explaining the role of commissioners, the planning process, and the expectations of commissioners that are appointed. Please note that this a volunteer position. Members shall disclose interests in investments, real property, and income derived within the City of Banning or from sources doing business within the City of Banning. Filings are required within ten days of assuming office and on an annual basis. Members shall not work for the "pass" cities, which include Beaumont, Calimesa, and Riverside County in roles, such as economic development, planning, or redevelopment. Planning Commission shall hold no other municipal office in the city.

Members may not be employees of the city.

Per City of Banning Resolution 2012-67, you will be required to submit to a criminal background investigation, to include LiveScan fingerprinting, prior to appointment.

Please return to: City of Banning
City Clerk's Office
99 E. Ramsey Street
PO Box 998
Banning, CA 92220
Or email to: [email protected]
Signature
Planning Commission Application
Return by: Friday, May 30, 2025
5:00 p.m.

Remember to sign your application.
05-21-2025
Date

Page 3 of 3 ends

14 RECEIVED
MAY 2 9 2025
City of Banning
Cit Clerk's Office

APPLICATION TO SERVE ON PLANNIN
'25l1AV29 3=19P
This application is to fill two vacancies on the City of Banning Planning Commission.,f~ftA'/29 3:19P\ term of office will begin upon appointment and will expire on January 31 , 2027. The Planning Commission meets monthly on the First Wednesday of each month at 5:30 p.m. Applications are due to the City Clerk's Office no later than Friday, May 30, 2025.

Name
Phone
Email Address
Address
OAv1D E.LLI..Ei
CAD4 - s.5 3 - .s..s 4,
Are you currently employed? D Yes ~ No
Position ____ .K--=-aE=-:t ........ i ...... R'""-"E_D _ __ Company crrt
Length of Residency in Banning 4t;·+ '/EPt-RS HCME- oW~E~ Are you a registered voter? ZJ Yes □ No
Are you able to commit to reviewing and evaluating commission lv'il Yes staff reports, which are typically lengthy and can be complex? ~ Are you able to attend commission meetings at the regular meeting date and time, as well as possible special meetings, which occur from time-to-time?
p(] Yes
Information requested below will be used by the City Council as a screening process to determine which applicants will be interviewed for the Planning Commission. All applications and/or materials submitted for this purpose become a public record.

Ample space is provided. Please do not submit supplemental materials.

1. Tell us about your background, including education, work, and volunteer experience, civic involvement, and other experience relevant to this appointment. 45 + y EAR';? Hoi\l\t{)t,Vr\tR WH-h \/E"S.IE D
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15 2. What types of major issues should the Planning Commission deal with? ·,~t ·p L~JI N IN & Cc n"ltt\ 's .S 1-0 N- ·p\ I\ 1 ~ ft c:A tT, ct:>t LRo\ E rN en 'f GOVER YYYE \\\\t ·1)L-p. }-.\ ·J'.\ 1 N l,- Comfi1 i~ S 1 on~ ,S f,i'\·t>,-k.E- DEcJS}01'f$ AJd.D REC.Of'\O)E:Nt:>AT\o·N.s o~ A WlDc RR~ &E OP- Pl"P-N: N t Kb- AND lA"\.D <J'SE
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3. Identify specific challenges and opportunities facing the City's future growth and development. Explain how you feel they may be resolved (be specific):

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Page 2 of 3 ends

16 Additional Information about this Position
Per City of Banning Municipal Code Chapter 2. 28, proof of residency shall be submitted at time of application to the Commission through voter registration or a utility bill at a physical address within city boundaries. Residency shall be confirmed prior to appointment and maintained throughout the term served. Applicants will be expected to attend a brief orientation session explaining the role of commissioners, the planning process, and the expectations of commissioners that are appointed. Please note that this a volunteer position. Members shall disclose interests in investments, real property, and income derived within the City of Banning or from sources doing business within the City of Banning. Filings are required within ten days of assuming office and on an annual basis. Members shall not work for the "pass" cities, which include Beaumont, Calimesa, and Riverside County in roles, such as economic development, planning, or redevelopment. Planning Commission shall hold no other municipal office in the city.

Members may not be employees of the city.

Per City of Banning Resolution 2012-67, you will be required to submit to a criminal background investigation, to include LiveScan fingerprinting, prior to appointment.

Remember to sign your application.
0aie '

Page 3 of 3 ends

17 RECEIVED
MAY 2 2 2025
City of Banning
City Clerk's Office

Name Al Marshall
Phone 9496451000
Email Address al@pnd1 .com
Address 5915 Nectar Dr
Are you currently employed? IXJ Yes □ No
Position Owner Company

3.5 years
PACIFIC NATIONAL DEVELOP!
Length of Residency in Banning
Are you a registered voter? IXJ Yes □ No
Are you able to commit to reviewing and evaluating commission staff reports, which are typically lengthy and can be complex? Are you able to attend commission meetings at the regular meeting date and time, as well as possible special meetings, which occur from time-to-time?
IXJ Yes
IXJ Yes
Information requested below will be used by the City Council as a screening process to determine which applicants will be interviewed for the Planning Commission. All applications and/or materials submitted for this purpose become a public record.

Ample space is provided. Please do not submit supplemental materials.

1. Tell us about your background, including education, work, and volunteer experience, civic involvement, and other experience relevant to this appointment.

With over five decades of experience as a licensed architect and nearly five decades in real estate development, I bring a comprehensive and seasoned perspective to the built environment. As the founder and principal of Pacific National Development, I have successfully entitled and developed over 5,000 multifamily units across California, Texas, Pennsylvania, and Florida, working extensively with municipal staff, planning commissions , and city councils to navigate and secure project entitlements.

My most recent completed entitlement was a 93-unit townhouse project on 10 acres in Moreno Valley, California. I am currently advancing an 18-acre site in Hemet, California through the entitlement process. In partnership with Citivest, Inc. (www.citivestinc.com), Pac~ic National Development continues to lead and deliver high-quality, strategically entitled housing projects. The Summit Ridge Apartments on Hathaway Street in Banning was one of my earliest tax credit developments.

I hold 55 years of architectural experience, including significant roles at 3D International Architects and Richard Fitzgerald and Associates, and was formerly President of Newport Pacific Development in Newport Beach. I also served as a contract developer for The Birtcher Company before incorporating Pacific National Development in 1998.

I have 28 years of specialized experience in affordable housing finance, leveraging Federal and State Low-Income Housing Tax Credits, tax-exempt bonds, and conventional financing mechanisms to structure sustainable, community-oriented affordable housing developments. My public sector experience includes work as a city planner for Jacksonvi lle, Florida, during the historic consolidation of its city and county governments.

I hold a Bachelor of Design, Bachelor of Architecture, and completed graduate studies in Urban Design at the University of Florida. I began my career in Texas in 1971 Planning Commission Application Page 1 of 3
18 2. _What types of major issues should the Planning Commission deal with? The Planning Commission plays a vital role in shaping a city's physical, economic, and social development. It acts as both an advisory and quasi-judicial body, depending on the jurisdiction. The Planning Commission is also a screening body for the City Council. Here are the major issues that a Planning Commission typically deals with:

1. Land Use Planning and Zoning: Reviewing General Plans and Specific Plans: Ensuring consistency between development proposals and the city's long-term vision. Zoning Ordinance Updates:

Recommending changes to zoning codes, districts, and permitted uses. Rezoning Requests: Evaluating applications to change land use designations.

2. Development Entitlements: Conditional Use Permits (CUPs): Deciding or recommending approval for uses that require special review due to potential impacts. Subdivision Maps: Reviewing Tentative Tract and Parcel Maps for new subdivisions. Site Plan Reviews: Assessing design, layout, access, and compatibility with surrounding uses.

3. Affordable and lnclusionary Housing: Evaluating Affordable Housing Projects: Ensuring compliance with housing elements, density bonuses, and fair housing regulations. lnclusionary Zoning Policies:

Recommending policies that mandate or incentivize affordable units in market-rate developments.

4. Environmental Review (CEQA/NEPA): Initial Studies and Mitigated Negative Declarations (MNDs):

Determining environmental impacts and recommending mitigation. Environmental Impact Reports (EIRs):

Making findings and recommendations based on CEQA compliance.

3. Identify specific challenges and opportunities facing the City's future growth and development. Explain how you feel they may be resolved (be specific):

The City of Banning, California is a growing community with significant development potential, however it faces notable challenges.

Challenges Facing Banning's Future Growth:

1. Infrastructure Deficiencies: Portions of Banning-especially in outlying or undeveloped areas-lack sufficient infrastructure (water, sewer, roads, storm drainage) to support new development. We can Implement Development Impact Fees (DIFs) that are tied to a specific Capital Improvement Program (CIP) to fund necessary infrastructure.

In addition, we can Create Infrastructure Financing Districts (IFDs) or Community Facilities Districts (CFDs) to finance off-site improvements. This can be accomplished with public-private partnerships for cost-sharing on the potential large-scale infrastructure projects.

2. Limited Economic Base and Loss of Retail. One major issue is Banning's loss of sales tax revenue to Beaumont. Create attractive Retail location(s) and environment in order to attract retail companies. Proactively marketing key commercial corridors (e.g., Ramsey Street, Highland Springs) for mixed-use or destination retail. Make downtown a destination attraction by incorporating a walking , shopping, restaurant area using the historic theme of Banning.

Offer incentives for anchor tenants or regional-serving uses (e.g., grocery-anchored centers, Entertainment) to locate in Banning. A retail gap analysis can identify sectors with unmet demand and target businesses.

3. Workforce Housing & Affordability: While Banning has relatively affordable housing compared to coastal regions, there is a shortage of quality rental housing and workforce-level ownership opportunities. Encourage affordable and workforce housing through density bonuses, tax credit partnerships, and expedited permit processing. Lobby the California Tax Credit Allocation Committee to address our lack of "High" resource area that are used as tie-breakers and gives eight amenity points to the applications to win an allocation of tax credits.

We can leverage state-level programs like the Mixed Income Program ("MIP") funds, Regional Early Action Planning Grants ("REAP 2.0"), and AHSC grants to support housing near transit and jobs.

Streamline zoning to support townhouses, small-lot single-family homes, and multifamily developments in targeted infill zones. Streamline and Expedite the Planning and approval process, make Banning a Developer Friendly City.

4. Aging Downtown Core: Banning 's historic downtown has charm but suffers from vacancy, under utilization, and dated infrastructure.

Planning Commission Application Page 2 of 3
19 Additional Information about this Position
Per City of Banning Municipal Code Chapter 2. 28, proof of residency shall be submitted at time of application to the Commission through voter registration or a utility bill at a physical address within city boundaries. Residency shall be confirmed prior to appointment and maintained throughout the term served. Applicants will be expected to attend a brief orientation session explaining the role of commissioners, the planning process, and the expectations of commissioners that are appointed. Please note that this a volunteer position. Members shall disclose interests in investments, real property, and income derived within the City of Banning or from sources doing business within the City of Banning. Filings are required within ten days of assuming office and on an annual basis. Members shall not work for the "pass" cities, which include Beaumont, Calimesa, and Riverside County in roles, such as economic development, planning, or redevelopment. Planning Commission shall hold no other municipal office in the city.

Members may not be employees of the city.

Per City of Banning Resolution 2012-67, you will be required to submit to a criminal background investigation, to include LiveScan fingerprinting, prior to appointment.

Please return to: City of Banning
City Clerk's Office
99 E. Ramsey Street
PO Box 998
Banning, CA 92220
Or email to: [email protected]
Al Marshall
Signature
Planning Commission Application
Return by: Friday, May 30, 2025
5:00 p.m.

Remember to sign your application.

May 22, 2025
Date

Page 3 of 3 ends

20 21
22 23

RECEIVED
MAY 2 5 2025
City of Banning
Ci Clerk's Office

Name
Phone
Email Address
Address
Marco Santana
(951) 333-9921
[email protected]
957 E George St Banning CA 92220 United States
Are you currently employed? !XI Yes D No
Position Program Director, Grant Writer Company Nonprofit - ------------
Length of Residency in Banning
Are you a registered voter?
31 years, born and raised in Banning
~ Yes □ No
Are you able to commit to reviewing and evaluating commission staff reports , which are typically lengthy and can be complex? Are you able to attend commission meetings at the regular meeting date and time, as well as possible special meetings, which occur from time-to-time?
~ Yes
~ Yes
□ No
Information requested below will be used by the City Council as a screening process to determine which applicants will be interviewed for the Planning Commission. All applications and/or materials submitted for this purpose become a public record.

Ample space is provided. Please do not submit supplemental materials.

1. Tell us about your background, including education, work, and volunteer experience, civic involvement, and other experience relevant to this appointment.

I am a lifelong resident and a proud graduate of Banning High School. I went on to earn a Master of Education from the University of California, and have since dedicated my professional career to strengthening our local community. I serve as Program Director for a nonprofit where I manage programs that help families access healthcare, housing, and job training. My background also includes experience as a project engineer in the private sector, where I led technical teams and ensured high standards in project delivery. This blend of public and private experience has grounded me in both practical problem-solving and community engagement. I care deeply about preserving Banning's heritage while ~h~ninn ~ f11h irp th~t nffPr~ nnnnrh init\/ ~nrl m ,~lit\/ nf lifp fnr ~II rP~irlPnt~ Planning Commission Application Page 1 of 3
24 2. What types of major issues should the Planning Commission deal with? The Planning Commission plays a critical role in ensuring that Banning's growth reflects the values of its residents, protecting neighborhood character, encouraging thoughtful investment, and strengthening our long-term economic outlook. My recommendations that the Commission should prioritize:

Support for local small businesses and revitalization efforts, especially in areas like downtown and key commercial corridors.

Consistency with the General Plan and long-range planning goals, ensuring projects align with community priorities and available resources.

Balanced land use decisions that preserve open space while guiding development to appropriate areas.

Workforce housing options that allow local workers, seniors, and young families to remain in Banning without being priced out.

Infrastructure improvements that enhance safety, mobility, and emergency readiness, including roads, drainage, and public amenities.

By upholding high standards for development and respecting both individual property rights and broader community needs, the Planning Commission can help guide Banning's growth responsible, community-focused direction.

3. Identify specific challenges and opportunities facing the City's future growth and development. Explain how you feel they may be resolved (be specific):

Banning's growth brings both opportunity and the need for careful planning. We must ensure development strengthens the local economy, protects community character, and benefits long-term residents. Key challenges include ensuring housing and commercial projects reflect local needs and encourage local invesetment, supporting local businesses and providing rersources and guidance on upcoming busiensses and projects, and managing infrastructure demands like traffic, schools, and utilities. I believe we should support policies that prioritize community input for major projects, promote mixed-use development in appropriate zones, and invest in infrastructure that improves safety, mobility, and quality of life. With responsible growth and local involvement, Banning can remain a strong, family-friendly community, that can still attract interest of bustling local and region centric iniatives.

Planning Commission Application Page 2 of 3
25 Additional Information about this Position
Per City of Banning Municipal Code Chapter 2. 28, proof of residency shall be submitted at time of application to the Commission through voter registration or a utility bill at a physical address within city boundaries. Residency shall be confirmed prior to appointment and maintained throughout the term served. Applicants will be expected to attend a brief orientation session explaining the role of commissioners, the planning process, and the expectations of commissioners that are appointed. Please note that this a volunteer position. Members shall disclose interests in investments, real property, and income derived within the City of Banning or from sources doing business within the City of Banning. Filings are required within ten days of assuming office and on an annual basis. Members shall not work for the "pass" cities, which include Beaumont, Calimesa, and Riverside County in roles, such as economic development, planning, or redevelopment. Planning Commission shall hold no other municipal office in the city.

Members may not be employees of the city.

Per City of Banning Resolution 2012-67, you will be required to submit to a criminal background investigation, to include LiveScan fingerprinting, prior to appointment.

Remember to sign your application.

May 25th, 2025
Date

Page 3 of 3 ends

26 27
28 A.

1. 2.

3. 4.

5. D.

Chapter 2.28 - PLANNING COMMISSION

2.28.010 - Planning commission—Membership requirements.

Members of the planning commission shall be residents of the City of Banning who hold no other municipal office in the city. Members may not be employees of the city.

Proof of residency shall be submitted at time of application to the commission through voter registration, utility bill at a physical address within the city boundaries. Residency shall be confirmed prior to appointment and maintained throughout the term served. (Code 1965, § 2-5.)

2.28.020 - Term and vacancies.

The planning commission shall consist of five members.

Planning commissioners shall serve four-year terms, which shall be staggered every two years concurrent with the city elections. Appointments shall be made by the city council. Applications shall be made available and the closing date announced at least two months prior to the expiration of the commissioner's term to be filled.

In order to re-set the terms of office of planning commissioners consistent with paragraph (b) above, commencing January 2021, the city council shall appoint members of the planning commission, whether newly appointed or as reappointed members, to one of the following five numbered positions:

Position 1. The term of office for Position 1 will begin February 1, 2021, and expire on January 31, 2025.

Position 2. The term of office for Position 2 will begin February 1, 2021, and expire on January 31, 2025.

Position 3. The term of office for Position 3 will begin February 1, 2021, and expire on January 31, 2023.

Position 4. The term of office for Position 4 will begin February 1, 2021, and expire on January 31, 2023.

Position 5. The term of office for Position 5 will begin February 1, 2021, and expire on January 21, 2023.

Upon the expiration of each term of office specified in paragraph C, persons appointed or reappointed to the Position shall serve for a succeeding four-year term measured from the expiration of the prior term of that position. In the event the city council has not completed the appointment process by February 1 of each odd number year to fill the terms of positions that 29 E.

B.
are to commence on February 1 of that year, the predecessor's term of office for that position is automatically extended until the date that the successor has been appointed and sworn into office.

Members shall serve at the pleasure of the council and may be removed at any time by a majority vote of the entire council.

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

To be excused from any such meeting, a member shall notify the planning department, at least forty-eight hours prior to any such meeting that the member will not be in attendance at the upcoming meeting. If a member is unable to attend due to illness, injury or family matters, an oral statement made proving that specific reason by the member at the next regular meeting of the commission shall constitute an excused absence.
(Code 1965, § 2-6.)
(Ord. No. 1569, § 1, 9-22-20)

2.28.030 - Compensation.

Members of the planning commission shall not receive compensation; reasonable traveling expenses to and from conferences and/or special field trips and training sessions shall be reimbursed.

Upon authorization by the city manager, the planning commission and members of its staff, may attend city planning conferences or meetings, or hearings on city planning legislation, or matters affecting the planning of the city. The reasonable expenses of such attendance shall be charged upon the funds allocated to the commission.

All fundings shall be established through the City of Banning budget, which shall be approved by the city council.
(Code 1965, § 2-7.)

2.28.040 - Rules of procedure.

A quorum of the planning commission shall consist of a majority of the members (including any vacancies). A quorum must be present in order for the planning commission to hold a meeting.

In the event that only three commissioners are present, any actions recommending amendment to the Municipal Code or general plan must be unanimous; all other actions would require a majority vote of the commission in attendance. A tie vote shall constitute a denial of the matter or request brought before the planning commission.
30 C.

1. 2.

3. C.

1. 2.

3. 4.

5. D.

The commission shall adopt rules for the transaction of business and shall keep a record of its transactions, findings, and determinations. The Brown Act and "Robert's Rules in Plain English" by Doris P. Zimmerman (Harper Perennial) shall be incorporated into such rules.

The commission shall follow all applicable city fiscal and administrative policies and procedures. (Code 1965, § 2-8.)

2.28.050 - Duties and responsibilities.

The planning commission shall exercise those functions of the planning agency of the city delegated to it in the Banning Municipal Code.

At the regular February meeting, the planning commission shall choose a chairperson and a vicechairperson from among the planning commission members. The chairman and vice-chairman shall serve for one term. Both positions shall rotate every year.

The chairperson shall preside at all regular and special meetings and rule on all points of order and procedure during the meetings.

The vice-chairperson shall assume all duties of the chairperson in his or her absence.

In the event the chairperson and vice-chairperson are both absent, an acting chairperson shall be appointed from the commission for the meeting from those present.

The planning commission's scope of responsibility is to:

Prepare, review, adopt, and recommend to the city council for its adoption, a long range, comprehensive general plan to guide future physical development and conservation of the city and its adjoining environs based on geographic, social, economic and political characteristics of the community;
Prepare, review, adopt and recommend to the city council for its adoption of special area specific plans for identifiable areas, wherein more detailed guidelines are needed to supplement the objectives of the general plan;
Review development applications submitted to the city for consistency with adopted plans and ordinances. Approve or deny applications when final authority is granted to the planning commission by the Municipal Code. Make a recommendation on those actions for which the city council is the final reviewing approval body;
Act as the appeal body on decisions made by the community development director; Perform such other functions and duties as the city council may from time to time direct and/or provide within the Banning Municipal Code.
31 E.

1. 2.

3. 4.

5. 6.

7. 8.

9. The commission may form ad-hoc subcommittees in accordance with the Brown Act, and make appointments to that subcommittee, as it deems necessary. A quorum of commission members may not be appointed to serve in a single subcommittee. Before forming a subcommittee, the commission shall establish a specific mission and term for the subcommittee.

The planning commission is an important function within the City of Banning, and as such, certain expectations are held by the city council in making the appointment of individuals to the commission. These expectations include the following:

Commissioners will attend all regular meetings and special meetings as they arise; Commissioners will communicate expected and unexpected absences to the planning department, prior to the meeting;
Commissioners will communicate any potential conflicts of interest on agenda items to the planning department in advance of the hearing to allow confirmation of a quorum; Commissioners will arrive on time to each meeting, fully participate, and remain in attendance until the end of each meeting;
Commissioners will prepare themselves for each meeting by reading the agenda, reports and other materials, and visiting the site, as necessary, and communicate any questions to the secretary in advance of the hearing. Pursuant to Resolution 2000-41, if a commissioner visits the site prior to a hearing on the matter, the commissioner shall disclose at the hearing such evidence and observation gathered during the site visit; Commissioners are encouraged to attend the annual planner's institute (Monterey and Southern California) or an equivalent planning training program given by a University of California campus (or approved equivalent) and may attend other planning conferences and or training classes as the need and opportunities arise. The city will also provide regular inservice training and make-up training where attendance is required; New commissioners are expected to become familiar with the city's general plan, the "Planning Commission Handbook" (prepared by the State of California), the relevant Municipal Code sections particularly those relevant to zoning to become familiar with these documents. The "Guide for New Members" distributed by the planning commissioners journal and www.plannersweb.com are other valuable resources for new commissioners; Applicants to the planning commission will be expected to attend a brief orientation session explaining the role of commissioners, the planning process, and the expectations of commissioners that are appointed; and
New commissioner members will attend an expanded orientation session with the liaison to the commission and other staff, as deemed necessary, to provide new appointees with a solid understanding immediately upon appointment. The orientation will include an overview of 32 F.

1. 2.

3. 4.

5. 6.
the planning process, a review of the commission's structure, policies and bylaws, a summary of available documents and resources, and a review of the commission's relationship with citizens, staff, developers, and the governing body.

The planning commission may serve on regional boards or commissions as directed by the city council.

The planning commission shall participate in annual meetings with the city council to discuss development activity, development doctrine, policies, etc. (Code 1965, § 2-8.1.)
(Ord. No. 1569, § 2, 9-22-20)

2.28.060 - Conflict of interest requirements.

The State of California Political Reform Act requires planning commission members to disclose interests in investments, real property, and income derived within the City of Banning or from sources doing business within the City of Banning. Filings are required within ten days of assuming office and on an annual basis.

Members shall not work for the "pass" cities, which include Beaumont, Calimesa, and Riverside County in roles, such as economic development, planning, or redevelopment.

If an apparent conflict of interest arises, the member shall inquire of the city attorney or staff prior to the meeting.
(Code 1965, § 2-8.2.)

2.28.070 - Staff liaison.

The staff liaison to the planning commission shall be the community development director.

The planning commission liaison, supported by the secretary to the planning commission (a staff position), shall be responsible for:

Confirming that a quorum will be present prior to each meeting; Receiving and recording all exhibits, petitions, documents, or other material presented to the planning commission in support of, or in opposition to, any issue before the planning commission;
Signing all meeting minutes and resolutions upon approval; Preparing and distributing agendas and agenda packets;
Facilitating the tape recording of meetings and preparation of minutes; and Responding to all questions from planning commission members regarding agenda items in advance of meetings.
33 A.

A.
(Code 1965, § 2-8.3.)

2.28.080 - Meeting times and places.

The planning commission shall meet on the first Wednesday of each month at 5:30 p.m. at the city council chambers located at 99 E. Ramsey Street, or at such time and place as the commission may designate by resolution.

Commissioners will attend special meetings as they arise. (Code 1965, § 2-8.4.)
(Ord. No. 1427, § 1, 9-14-10; Ord. No. 1594, § 1, 8-22-22)

2.28.090 - Adoption.

This document, as adopted and amended by council resolution, shall serve as the bylaws for the commission.
(Code 1965, § 2-9.)
34 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Robert Fisher, Acting City Manager
MEETING DATE: June 10, 2025
SUBJECT: 5.3.2. Consideration of the Appointment of Two Members of the Banning City Council to a 2X2 Ad Hoc Committee for the Purpose of Discussing issues with the Larry Smith Correctional Facility in the City of Banning RECOMMENDATION:

Appoint two members of the Banning City Council on a 2X2 Ad Hoc committee along with two members of the community for the purpose of discussing releases from the Banning jail.

BACKGROUND:

Banning City Council person Richard Royce has requested the committee to address releases and other issues associated with the detection center. The Banning City Council may appoint members of the community as needed.

JUSTIFICATION:

Coordination and communication between the City of Banning and elected officials from Riverside County along with personnel from the Riverside County Sheriffs Office. This committee will address the on-going homeless crisis, re-entry into the community, community safety, repeat criminal behavior, substance abuse along with mental health disorders.

FISCAL IMPACT:

None
ALTERNATIVES:

An alternative is for the City Council not to create a 2x2 Ad Hoc Committee.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
35 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: June 10, 2025
SUBJECT: Approval of the Meeting Minutes for the February 14 and February 25, 2025 City Council Meetings
RECOMMENDATION:

Approve the minutes of the February 14 and February 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:

N/A
FISCAL IMPACT:

N/A
ALTERNATIVES:

1. Approve as recommended.

2. Approve with modifications.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. 2025 02 14_Minutes_Special Meeting.pdf

2. 2025 02 25_Minutes_Special Meeting - Closed Session.pdf

3. 2025 02 25_Minutes_Special Meeting - Workshop.pdf

4. 2025 02 25_Minutes_Regular Meeting.pdf
36 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 said he liked where the city was going. He advocated for new business but not warehouses. He said it was 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.
37 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
38 Regular Meeting Minutes 2/14/2025 Page 3 of 6

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. 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
39 Regular Meeting Minutes 2/14/2025 Page 4 of 6

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.

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.
40 Regular Meeting Minutes 2/14/2025 Page 5 of 6
Mayor Flynn said she did not want to sign anything unless she knew what she 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.

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 
41 Regular Meeting Minutes 2/14/2025 Page 6 of 6
Motion approved by a vote of 5-0.

The meeting was adjourned at 12:12 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 42 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

Robert Cutbirth*, SBEMP
J. Oldendorph*, Liebert, Cassidy, and Whitmore
*Attended via video 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 43 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 44 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.
45 Special Meeting Minutes 2/25/2025 Page 2 of 5
• Michele Walter said the commenters had the wrong idea about the grant. She 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. 46 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. 47 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. 48 Special Meeting Minutes 2/25/2025 Page 5 of 5

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.

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
49 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
50 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
51 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
52 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
53 Homeless to Work
The Salvation Army

2.4.25 Revised
City Programs
Exhibit B
54 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.
55 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
56 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
57 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.
58 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
59 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/
60 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
61 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
62 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
63 Success Stories
Step Up On Second Program Manager Alberto Rivera
Mobile# 909-601-1166 Email: [email protected]
64 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
65 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.) 66 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 67 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 68 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. 69 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. 70 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. 71 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. 72 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
73 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. 74 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. 75 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.). 76 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. 77 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. 78 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 79 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. 80 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).

PART II, Page | 30
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. 81 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.

PART II, Page | 32
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.
82 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. 83 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 84 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. 85 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. 86 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. 87 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 88 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.
89 PART III, Page | 47
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. 90 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 91 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 92 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
93 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 94 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
95 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 96 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
97 Regular Meeting Minutes 2/25/2025 Page 2 of 11

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 procurement 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.
98 Regular Meeting Minutes 2/25/2025 Page 3 of 11

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 99 Regular Meeting Minutes 2/25/2025 Page 4 of 11

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
100
Regular Meeting Minutes 2/25/2025 Page 5 of 11

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.

6.10 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.
101
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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.

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
102
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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
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
103
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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.

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 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. 104
Regular Meeting Minutes 2/25/2025 Page 9 of 11
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.

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.
105
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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:

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
106
Regular Meeting Minutes 2/25/2025 Page 11 of 11
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
107
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
108
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
109

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
110
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 111
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?
112
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
113
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)
114
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
115

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
116
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
117
Questions?
118
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
119

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Holly Stuart, Public Works Program Manager Art Vela, Director of Public Works
MEETING DATE: June 10, 2025
SUBJECT: Consideration of Resolution 2025-79, Approving Amendment No. 2 to the Services Agreement with Yunex, LLC in the Amount of $75,000 Extending the Term through FY 2027/2028 Citywide Traffic Signal Maintenance Services
RECOMMENDATION:

Adopt Resolution 2025-79.

BACKGROUND:

The City owns traffic signals and related devices (e.g., signal controllers; poles and lights; video detection; loop detectors; battery backup systems; etc.) for the following intersection locations:
• Ramsey Street & Hargrave Street
• Ramsey Street & Sunset Avenue
• Ramsey Street & 4th Street
• Ramsey Street & 8th Street
• Ramsey Street & 22nd Street
• Ramsey Street & San Gorgonio Avenue
• Ramsey Street & Hathaway Street
• Wilson Street & Mountain Avenue
• Wilson Street & Apex Street
• Wilson Street & Highland Home Road
On May 23, 2023, through ProcureNow and advertisement in the local newspaper, City staff released a solicitation for proposals from qualified contractors to provide maintenance and repair services for eight (8) traffic signals throughout the City of Banning in the amount of $25,000 for a term of one (1) year with the option to extend four (4) additional signal year periods.

On June 25, 2024, Amendment No. 1 to the agreement was approved by City Council increasing the contract compensation in the amount of $25,000 for a total agreement amount of $50,000 and extending the term for one additional year.

The Scope of Work includes routine monthly traffic signal maintenance services with call outs and repairs occurring on an as needed basis as described in detail in the attached maintenance agreement.

The contractor is required to furnish all labor, tools, materials, and equipment to provide traffic signal maintenance and ensure compliance will all Federal, State and local regulations. 120
Upon annual review of services, staff recommends a contract extension through the processing of Amendment No. 2 for an additional three (3) year period in the amount of $75,000. If approved, the total agreement including approval under this resolution will amount to $175,000 for a five (5) year term.

JUSTIFICATION:

The Public Works Department does not have the required staff needed to maintain traffic signals, therefore; it is necessary to retain a contractor to provide these services. Upon evaluating the existing services provided by Yunex, staff recommends the contract renewal and processing of Amendment No.

2. FISCAL IMPACT:

Amendment No. 2 will increase the traffic signal maintenance services agreement in the amount of $25,000 which will be funded by the operational budget of the Street Division, Account 100-4900-413.30- 09 (Repair/Maintenance- Traffic Signals).

ALTERNATIVES:

Do not adopt the resolution and provide alternative direction to staff. City Council may choose to reject this action which may result in an interruption of services.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-79, Yunex AM 2.docx

2. FY 25/26 Rate Schedule.pdf

3. Exhibit A - Amend No. 2 - C00857 Yunex, LLC.docx

4. Original Agreement.pdf

5. Amendment No. 1.pdf

6. CC Resolution No. 2024-099.pdf
121
Resolution 2025-79

Page 1 of 4 ends

RESOLUTION 2025-79

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE SERVICES AGREEMENT WITH YUNEX, LLC., IN THE AMOUNT OF $75,000 EXTENDING THE TERM THROUGH FISCAL YEAR 2027/2028

CITYWIDE TRAFFIC SIGNAL MAINTENANCE
WHEREAS, on May 23, 2023, through ProcureNow and advertisement in the local newspaper, City staff released a solicitation for proposals from qualified firms to provide maintenance and repair services for eight (8) traffic signals throughout the City of Banning for a term of one (1) year with the option to renew four (4) additional signal year periods; and WHEREAS, in August of 2023 an agreement in the amount of $25,000 was administratively approved and awarded to Yunex, LLC., following the formal bid process and bid evaluation; and
WHEREAS, on June 25, 2024, Amendment No. 1 was approved and extended the term of the agreement for a one (1) year period and increased the traffic signal maintenance services agreement for FY 2024/2025 in the amount of $25,000; and WHEREAS, under approval of this resolution, Amendment No. 2 is approved extending the term of the agreement for an additional three (3) year period and increasing the traffic signal maintenance services agreement in the amount of $75,000 for a total contract amount of $175,000: and
WHEREAS, Amendment No. 2 will be funded by the operational budget of the Street Division, Account 100-4900-413.30-09 (Repair/Maintenance-Traffic Signals).

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

SECTION 1. The City Council approves Amendment No. 2 to the Citywide Traffic Signal Maintenance Agreement with Yunex, LLC., extending the term through Fiscal Year 2027/2028 and increasing the contract in an additional amount of $75,000.

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. City Council authorizes the City Manager to make necessary non-substantive changes and to execute Amendment No. 2 with Yunex, LLC., for services through Fiscal Year 2027/2028.

SECTION 4. The City Clerk shall certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 122
Resolution 2025-79

Page 2 of 4 ends

PASSED, APPROVED AND ADOPTED this 10th day of June, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

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

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
123
Resolution 2025-79

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 2025-79, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of June, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
124
Resolution 2025-79

Page 4 of 4 ends

Exhibit A
Amendment No. 2 with Yunex, LLC.,
FY 2025/2026 Citywide Traffic Signal Maintenance Services 125
Yunex Traffic
2240 Business Way
Riverside, CA. 92501
951.784.6600
951.784.6700 Fax
May 2, 2025
Carl Szoyka
Public Works Department
City of Banning
99 E. Ramsey St.

Banning, Ca. 92220
Subject: Traffic Signal Maintenance Contract extension– Rate Schedule Contractor Fee Schedule
Description Unit Qty. Regular Overtime Premium
Traffic Signal Technician - Field HR 1 $134.28 $166.56 $198.34 Traffic Signal Technician - Lab HR 1 $134.28 $166.56 $198.34 Foreman HR 1 $141.45 $177.33 $213.20
Laborer HR 1 $107.63 $152.98 $152.98
Air Compressor/Arrow Board HR 1 $5.12
Service Truck HR 1 $29.73
Bucket Truck HR 1 $32.80
Crane HR 1 $66.63
Traffic Signal Annual Maintenance and Repair Services
Item# Description of Item
Monthly
Unit
Price
Annual
Price
1 Ramsey Street & Hargrave Street Routine Monthly Maintenance $83.03 $996.36 2 Ramsey Street & Sunset Avenue Routine Monthly Maintenance $83.03 $996.36 3 Ramsey Street & 4th Street Routine Monthly Maintenance $83.03 $996.36 4 Ramsey Street & 8th Street Routine Monthly Maintenance $83.03 $996.36 5 Ramsey Street & 22nd Street Routine Monthly Maintenance $83.03 $996.36 6 Ramsey Street & San Gorgonio Avenue Routine Monthly Maintenance $83.03 $996.36 7 Ramsey Street & Hathaway Street Routine Monthly Maintenance $83.03 $996.36 8 Wilson & Mountain Avenue Routine Monthly Maintenance $83.03 $996.36 9 Wilson Street & Apex Street Routine Monthly Maintenance $83.03 $996.36 10 Wilson Street & Highland Home Road Routine Monthly Maintenance $83.03 $996.36 126
(
Thank You,
Candace Gallaher
Candace Gallaher
Service Project Manager
127
AMENDMENT NO. 2 TO AGREEMENT (C00857) FOR CITY WIDE

TRAFFIC SIGNAL MAINTENANCE SERVICES BY AND BETWEEN

CITY OF BANNING AND YUNEX, LLC
THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR SERVICES
(“Amendment No. 2”) by and between the CITY OF BANNING (“City”) and YUNEX, LLC, a Delaware Limited Liability Company, (“Consultant”) is effective as of this day:
______________.

RECITALS
A. City and Consultant entered into that certain Contract dated August 17, 2023 for the purpose of providing Traffic Signal Maintenance Services (“Agreement”) following Request for Proposal (RFP 23-030).

B. City and Consultant have entered into an Amendment No. 1 to the Agreement dated June 25, 2024 to extend the Term of the Agreement to August 31, 2025, and increase the Contract Sum to Fifty Thousand Dollars ($50,000.00), as approved by City Council Resolution 2024-99.

C. City and Consultant now desire to amend the Agreement to modify the Scope of Services to add an additional site, update the rate schedule, extend the Term of the Agreement to August 31, 2026 and increase the Contract Sum to Seventy-Five Thousand Dollars ($75,000.00).

The Parties therefore agree follows:

1. Amended Terms. The Agreement is hereby amended as follows:

1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment A, attached hereto and incorporated herein.

1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 2 shall not exceed Twenty-Five Thousand Dollars ($25,000.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to Seventy-Five Thousand Dollars ($75,000.00).

1.3 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through August 31, 2026, unless sooner terminated or extended as provided in the Agreement

1.4 Exhibit C-1 to the Agreement is hereby amended to read as set forth in Attachment B, attached hereto and incorporated herein.
128

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement, as amended by Amendment Nos. 1 and 2, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 2. In the event of a conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement or Amendments No. 1 through 2, the provisions of this Amendment No. 2 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 2.

2.3 Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2 , and (iv) entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 2 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
129
The Parties are signing this Amendment No. 2 on the date stated in the introductory clause.

CITY OF BANNING CONSULTANT
Robert Fisher,
City Manager
NAME:

TITLE:

NAME:

TITLE:

ATTEST:

Caroline Patton
Administrative City Clerk
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
130
ATTACHMENT “A”
131
ATTACHMENT “B”
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
RESOLUTION 2024- 99

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH YUNEX, LLC IN THE AMOUNT OF $ 25,000 FOR FISCAL YEAR 2024/ 2025 CITYWIDE

TRAFFIC SIGNAL MAINTENANCE
WHEREAS, on May 23, 2023, through ProcureNow and advertisement in the local newspaper, City staff released a solicitation for proposals from qualified firms to provide maintenance and repair services for eight ( 8) traffic signals throughout the City of Banning for a term of one ( 1) year with the option to renew four ( 4) additional signal year periods; and WHEREAS, in August of 2023 an agreement in the amount of $ 25, 000 was administratively approved and awarded to Yunex, LLC., following the formal bid process and bid evaluation; and
WHEREAS, under this approval, Amendment No. 1 will extend the term of the agreement for a one ( 1) year period and increase the traffic signal maintenance services agreement for FY 2024/ 2025 in the amount of $25,000; and
WHEREAS, Amendment No. 1 will be funded by the operational budget of the Street Division, Account 100- 4900- 413. 30- 09 ( Repair/ Maintenance- Traffic Signals).

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

SECTION 1. The City Council approves Amendment No. 1 to the Citywide Traffic Signal Maintenance Agreement with Yunex, LLC., extending the term for a one ( 1) year period and increasing the contract for an additional amount of $25,000 for Fiscal Year 2024/ 2025.

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. City Council authorizes the City Manager to make necessary non- substantive changes and to execute Amendment No. 1 with Yunex, LLC., for Fiscal Year 2024/ 2025.

SECTION 4. The City Clerk shall certify 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 25th day of June 2024. / Resolution 2024- 99

Page 1 of 4 ends

Albe , Mayor
City o
176
ATTEST:

Caroline Patton , Adminis r::

City of Bann ing
AS TO FORM: ~
r---..----
Serita R. Young , City Attorney
Richards , Watson & Gershon
Resolut ion 2024- 99

Page 2 of 4 ends

177
CERTIFICATION:

I, Caroline Patton , Administrative City Clerk of the City of Banning , California , do hereby certify that the foregoing Resolution 2024- 99, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of June 2024 by the following vote, to wit:

AYES : Flynn , Happe , Minjares , Sanchez, and Wallace.

NOES:

ABSENT:

ABSTAIN:

Resolution 2024- 99

Page 3 of 4 ends

Caroline Patton , Admin
City of Banning , California
178
Exhibit A
Amendment No. 1 with Yunex, LLC.,
FY 2024/ 2025 Citywide Traffic Signal Maintenance Services Resolution 2024- 99

Page 4 of 4 ends

179
AMENDMENT NO. 1 TO THE AGREEMENT ( C00857) FOR CITY

WIDE TRAFFIC SIGNAL MAINTENANCE SERVICES BY AND

BETWEEN CITY OF BANNING AND YUNEX, LLC
THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (" Amendment No. 1") by and between the CITY OF BANNING (" City") and YUNEX, LLC., A Delaware Limited Liability Company, Contractor") is effective as of this day: _____ _

RECITALS
A. City and Contractor entered into that certain Contract dated August 17, 2023 for the purpose of providing traffic signal maintenance services (" Agreement") following Request for Proposal ( RFP 23- 030).

B. City and Contractor now desire to amend the Agreement to extend the Term of the Agreement to August 31, 2025, and increase the Contract Sum to Fifty Thousand Dollars ($ 50, 000. 00).

The Parties therefore agree follows:

1. Amended Terms. The Agreement is hereby amended as follows:

1.1 The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed Twenty- Five Thousand Dollars ($ 25, 000. 00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to Fifty Thousand Dollars ($ 50, 000. 00).

1.2 The Term of the Agreement, as set forth in Section 3 .4 of the Agreement, is hereby extended through August 31, 2025, unless sooner terminated or extended as provided in the Agreement.

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement, as amended by Amendment No. I, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term " Agreement" appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. In the event of a conflict between the provisions of this Amendment No. I and the provisions 180
of the Agreement or Amendment No. 1, the provisions of this Amendment No. 1 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 1.

2.3 Authori;ty. The persons executing this Amendment No. 1 on behalfofthe parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, iii) by so executing this Amendment No. 1, such party is formally bound to the provisions ofthis Amendment No. 1, and (iv) entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 1 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (" electronic signature"). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.

SIGNATURE PAGE FOLLOWS]
181
The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.

CITY OF BANNING
Douglas Schulze,
City Manager
City Council Approval: ______ _
ATTEST:

Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:

Richards, Watson & Gershon
Serita R. Young
City Attorney

CONTRACTOR
NAME:

TITLE:

NAME:

TITLE:

NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR' S BUSINESS ENTITY.
182

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Carla Young, Business Support Manager
Art Vela, Director of Public Works
MEETING DATE: June 10, 2025
SUBJECT: Consideration of Resolution 2025-80, Approving the First Amendment to Extend the End Date of the Sole-Source Professional Services Agreement with VCS Environmental to Provide Wetland Permitting Consulting and Strategy Services to the City of Banning until June 30, 2026 with a Remaining Balance of $152,551
RECOMMENDATION:

Adopt Resolution 2025-80.

BACKGROUND:

On October 25, 2022, City Council approved Resolution 2022-145, approving a Sole-Source Professional Services Agreement with VCS Environmental (VCS) for wetlands permitting consulting and strategy services. This resolution provided an end date of Fiscal Year 2025 rather than the complete three year term of the contract allowable within the City's Purchasing Policy B-30. VCS has provided environmental consulting services related to the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requirements and the City's application with the Federal Emergency Management Agency (FEMA) for a Wildfire Mitigation Grant for the City's Mias Canyon Utility Line Project and for coordination of the protection of the Smith Creek corridor.

The professional services contract with VCS was initially approved and issued in the amount not to exceed $189,000. To date there is $152,551 remaining. No additional funds are needed at this time.

JUSTIFICATION:

VCS is currently assisting the City with biological survey services which is a requirement under the Wildfire Mitigation Grant application process for the City's Mias Canyon Utility Line Project. The project grant application is approximately 95% complete pending the completion of the biological surveys. VCS has been involved in assisting staff in navigating the requirements with the MSHCP and FEMA.

Therefore, continuing the contract with VCS is the most efficient and effective path through the remainder of the grant application process due to their support and experience with the project.

Additionally, the term extension will allow VCS to finalize other work that is currently underway related to the development of an actionable plan for the protection and development along the Smith Creek watershed and corridor.

FISCAL IMPACT:

The remaining contract balance is $152,551. It is estimated that the expense for VCS to complete the Mias Canyon Utility Line Project work is approximately $41,365 and will be funded by the Electric Utility 183
Budget (Fund 670). The work related to Smith Creek is approximately $12,710 and will be funded from the Engineering budget (Fund 001-3000).

ALTERNATIVES:

The City Council may choose to reject staff's recommendation and provide alternative direction.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-80 VCS Enviro Amendment.docx

2. Exhibit A - Amend No.1.docx

3. Executed C00799 VCS ENVIRONMENTAL.pdf

4. CC Resolution No. 2022-145_SIGNED.pdf
184
Resolution 2025-80

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RESOLUTION 2025-80

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO EXTEND THE END DATE OF THE SOLESOURCE PROFESSIONAL SERVICES AGREEMENT WITH VCS ENVIRONMENTAL TO JANUARY 11, 2026
WHEREAS, on October 25, 2022, City Council approved Resolution 2022-145, approving a Sole-Source Professional Services Agreement with VCS Environmental for wetlands permitting consulting and strategy services; and
WHEREAS, this resolution provided an end date of Fiscal Year 2025 rather than the complete three-year term of the contract allowable within the City's Purchasing Policy B-30; and WHEREAS, there is a remaining balance in the contract of $152,551; and WHEREAS, VCS has assisted in the environmental requirements related to the western Riverside Multiple Species Habitat Conservation Plan (“MSHCP”) and the City's application with Federal Emergency Management Agency (“FEMA”) for the Wildfire Mitigation Grant for the City's Mias Canyon Utility Line Project; and
WHEREAS, VCS has also assisted in the development of an actionable plan for the protection and development along the Smith Creek watershed and corridor; and WHEREAS, the City requires a subject-matter expert to continue the advisement to staff regarding the environmental needs required under the Wildfire Mitigation Grant grant application process and watershed protection of Smith Creek; and
WHEREAS, the Wildfire Mitigation grant application is approximately 95% complete and VCS has been involved in navigating the requirements with the MSHCP and FEMA; and WHEREAS, continuing the contract with VCS is the most efficient and effective path through the remainder of the application process due to the skill, experience and knowledgebase provided by VCS Environmental for both work efforts.

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

SECTION 1. The City Council approves the first amendment to the sole-source professional services agreement with VCS Environmental to extend the end date to January 11, 2026, with a remaining balance of $152,551.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the professional services agreement and to execute the amendment to the professional services agreement with VCS Environmental on behalf of the City Council.

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. 185
Resolution 2025-80

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PASSED, APPROVED AND ADOPTED this 10th day of June, 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
186
Resolution 2025-80

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CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-80, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of June, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
187
Resolution 2025-80

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EXHIBIT A
VCS Environmental Amendment No., 1
188
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
(C00799) FOR WETLANDS PERMITTING CONSULTING AND

STRATEGY SERVICE BY AND BETWEEN CITY OF BANNING AND

VCS ENVIRONMENTAL
THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and VCS ENVIRONMENTAL, a California Corporation (“Consultant”) is effective as of this day: ______________.

RECITALS
A. City and Consultant entered into that certain Contract dated January 11, 2023 for the purpose of providing Wetlands Permitting Consulting and Strategy Services (“Agreement”) following a sole source procurement, as approved by City Council Resolution 2022-145.

B. City and Consultant now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2026.

The Parties therefore agree follows:

1. Amended Terms. The Agreement is hereby amended as follows:

1.1 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2026, unless sooner terminated or extended as provided in the Agreement.

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No 1. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement or Amendments No. 1, the provisions of this Amendment No. 1 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 1.

2.3 Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 189
1 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 1 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
190
The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.

CITY OF BANNING CONSULTANT
Robert Fisher,
Acting City Manager
NAME:

TITLE:

City Council Approval: _______________ NAME:

TITLE:

ATTEST:

Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:

Solvak, Baron, Empey, Murphy & Pinkney
LLP
John O. Pinkney
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
191
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VCS Environmental provides CEQA/NEPA, Regulatory, Biological, Cultural & Fire Planning Services 30900 Rancho Viejo Road, Suite 100, San Juan Capistrano, CA 92675 | 949.489.2700 vcsenvironmental.com
October 7, 2022
Adam Rush
Community Development Director
City of Banning
99 East Ramsey Street
Banning, California 92220
Re: Proposal for the City of Banning
Dear Adam:

Please consider this letter a scope of work for Vandermost Consulting Services, Inc. doing business as VCS Environmental (VCS) to assist the City of Banning with a general environmental on-call services for 3 years.

We recommend a time and materials contract in the amount of up to $63,000 annually (assumes up to 200 hours per year) or $189,000 for three years.

We bill monthly with invoices due upon receipt, pursuant to the attached fee schedule. We will only bill for time spent. Miscellaneous expenses such as reprographics, Federal Express, mileage, and postage are billed as reimbursable expenses for the actual cost.

We look forward to working with you on this project. To authorize VCS to proceed, please sign below and return. Please do not hesitate to contact me at 949-289-3624 with any questions.

Sincerely,
Julie Beeman
President
Attachment: VCS Environmental 2022-2023 Fee Schedule
Authorization_________________________________________Date_______________________ z:\proposals-scopes_change orders\city of banning\2022.10.07 - city of banning.docx DocuSign Envelope ID: 84AECE13-2B13-4754-9A0F-DF43A47C9310 214
DocuSign Envelope ID: 84AECE13-2B13-4754-9A0F-DF43A47C9310 215
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DocuSign Envelope ID: 84AECE13-2B13-4754-9A0F-DF43A47C9310 218
RESOLUTION 2022- 145

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

APPROVING A SOLE SOURCE PROFESSIONAL SERVICES AGREEMENT WITH VCS ENVIRONMENTAL IN AN AMOUNT NOT TO EXCEED $ 189,000 TO PROVIDE

WETLANDS PERMITTING CONSUL TING AND STRATEGY SERVICES TO THE CITY OF BANNING.

WHEREAS, on June 18, 2020 the City solicited proposals for On-Call Environmental and Land Use Planning support services to augment the services provided by the Community Development Department; and
WHEREAS, on October 13, 2020 the City Council adopted Resolution 2020- 13 which identified firms with the top five ( 5) evaluation scoring as Webb and Associates; CASC Engineering and Consulting, Inc.; Michael Baker International; Rincon Consultants; and VCS Environmental; and
WHEREAS, on June 8, 2022 the Community Development Director solicited and received a letter proposal from VCS Environmental in the amount of $4,750.00 to provide expert advice and strategy to Planning Department Staff during meetings with the California Department of Fish & Wildlife ( CDFW), the United States Fish and Wildlife Service ( USFWS), and to a lesser extent the Army Corp of Engineers ( ACOE); and WHEREAS, City staff has negotiated the Scope of Work with VCS Environmental, to provide expertise and skill of a Wetlands Permitting and Biological Resource Specialist to support and advise staff along these lines of Streambed Alteration Permits and other similar activities; and
WHEREAS, existing circumstances pertaining to the negotiation of Streambed Alteration Permits between new development projects are facing increased scrutiny through the wetland and biological permitting and mitigation strategies; and WHEREAS, the Purchasing Officer has determined this service qualifies for sole source procurement as no other firms can provide the level of knowledge, experience, and expertise to assist and advise the City on wetland and biological permitting and mitigation strategies; and
WHEREAS, staff recommends the award of a Professional Services Agreement to VCS Environmental, in an amount not-to-exceed $ 189,000 for Fiscal Years 22/23; 23/24; 24/25; and
WHEREAS, funding will be available in the amount of $63,000 per year in the City's Community Development Department accounts during Fiscal Years 22/23; 23/24; 24/25 in the amount of not-to-exceed $ 189,000.

Resolution 2022- 145

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Banning City CouncilJune 10, 2025

Banning City Council
June 10, 2025