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www.modestogov.com
AGENDA
City of Modesto
SAFETY AND COMMUNITIES COMMITTEE / COUNCIL
WORKSHOP
Room 2001-40 Del Puerto Room
Tenth Street Place, 1010 10th Street
Modesto, California
Monday, June 12, 2023 at 4:00 PM
Roll Call: Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
Alternates: Eric Alvarez, Sue Zwahlen, Nick Bavaro, David Wright “Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM
VIDEO CONFERENCING AND TELEPHONE
Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.
You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
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PARTICIPATING IN CITY COUNCIL COMMITTEE MEETINGS
As a courtesy, the City of Modesto is providing alternatives to view Council Committee meetings and provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record, but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.
VIRTUAL PARTICIPATION BY ZOOM VIDEO
CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.
Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.
USING A COMPUTER OR SMART PHONE APP:
Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
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City staff will unmute your microphone when it is your turn to provide public comment.
A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again.
USING A REGULAR PHONE (not using a computer or smart phone APP):
Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
City staff will unmute your microphone when it is your turn to provide public comment.
You will hear “you are unmuted” and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again. If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.
Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue. This meeting is also noticed as a City Council workshop.
PUBLIC COMMENTS
Please refer to special public comment instructions above.
Three-minute time limit per speaker.
Only interested persons in the audience may present these matters. Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED:
Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item. - 3 -
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Any and all of the following agenda items are subject to action by the Modesto City Council.
This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Committee member.
Consent
1. Consider the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to NorCal Ambulance in the City of Modesto and forwarding to Council for approval. (Funding Source: General Fund) Motion recommending the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to NorCal Ambulance in the City of Modesto and forwarding to Council for approval.
POLICE DEPARTMENT; Bob Meredith, 209-572-9500, [email protected] Consent
2. Consider the submission of a Grant Application for the Organized Retail Theft Prevention Grant Program to the Board of State and Community Corrections for up to $6.125 million in Grant Funds and forwarding to Council for approval. (Funding Source: Grant Funds)
Motion recommending the submission of a Grant Application for the Organized Retail Theft Prevention Grant Program to the Board of State and Community Corrections for up to $6.125 million and forwarding to Council for approval.
POLICE DEPARTMENT; Bob Meredith, 209-572-9500, [email protected] Consent
3. Consider the First Amendment to the Memorandum of Understanding with the KingKennedy Memorial Center Board of Directors to increase the total financial support from the City by $6,000, from $22,000 to $28,000, and forwarding to Council for approval. (Funding Source: General Fund)
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Motion recommending the First Amendment to the Memorandum of Understanding with the King-Kennedy Memorial Center Board of Directors to increase the total financial support by $6,000, from $22,000 to $28,000 by the City, and forwarding to Council for approval.
PRN; Ashley Weaver, 209-577-5428, [email protected] Consent
4. Consider a Second Amendment to the Agreement for the Operation of the KingKennedy Memorial with the West Modesto Community Collaborative to extend the Agreement for one year, and forwarding to Council for approval. (Funding Source:
General Fund)
Motion recommending the Second Amendment to the Agreement for the Operation of the King-Kennedy Memorial with the West Modesto Community Collaborative to extend the Agreement for one year and forwarding to Council for approval.
PRN; Ashley Weaver, 209-577-5428, [email protected]
UNFINISHED BUSINESS
5. Presentation of the Blight Abatement Strategic Plan Quarterly Report (Funding Source:
Not Applicable)
No Staff Recommendation
CED; Oscar Diaz, 209-571-5885, [email protected]
NEW BUSINESS
6. Consider an Ordinance amending Section 9-9.606(d) of Title 9 “Building Regulations”, Chapter 9, “Property Maintenance Code,” Article 6, “Vacant and Boarded Buildings” of the Modesto Municipal Code, to add subsections 5,6,7 and 8 to enhance maintenance and security of vacant buildings and establishing a tiered fee schedule for the registration of vacant commercial buildings and forwarding to Council for approval. (Funding Source: General Fund)
Motion recommending considering an Ordinance amending Section 9-9.606(d) of Title 9 “Building Regulations”, Chapter 9, “Property Maintenance Code,” Article 6, “Vacant and Boarded Buildings” of the Modesto Municipal Code, to add subsections 5,6,7 and 8 to enhance maintenance and security of vacant buildings and forwarding to Council for approval.
Motion recommending establishing a tiered fee schedule for the registration of vacant commercial buildings and forwarding to Council for approval.
CED; Oscar Diaz, 209-571-5885, [email protected]
7. Consider a report on the upcoming Real Time Crime Center Project planned for bidding and construction and forwarding to Council for approval. (Funding Source:
American Rescue Plan Act, State Law Enforcement Supplemental Funds, Measure H) - 5 -
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Motion recommending accepting a report on the upcoming Real Time Crime Center Construction Project planned for bidding and construction and forwarding to Council for approval.
POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected]
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
June 12, 2023
Date: May 10, 2023
TO: Safety & Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Non-Emergency Transport Application for NorCal Ambulance CONTACT: Bob Meredith, Lieutenant, [email protected], 209-572-9500 DESCRIPTION:
Consider the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to NorCal Ambulance in the City of Modesto and forwarding to Council for approval. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:
This item is related to the 2020-2025 Strategic Plan goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues. (Goal A of Quality of Life Goals and Strategies) BACKGROUND:
The City of Modesto allows non-emergency medical transport companies to apply for a nonemergency transport permit. In addition to the application, the transport company is required to pay a filing fee of $1,000 and provide all the necessary documents and information as outlined in Modesto Municipal Code 3-9.01 to 3-9.20. Once the application, documentation, and necessary fees have been received by the Modesto Police Department (MPD), a background investigation must be completed by the department. Upon a successful completion of the background investigation, the application proceeds to a hearing before the City Council to determine whether the public convenience and necessity require the proposed service. The Council must grant the applicant a permit upon making the following findings:
(a) That the vehicles described in the application and proposed to be used are appropriate for the purpose of nonemergency transport;
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Non-Emergency Transport Application for NorCal Ambulance
(b) That the color scheme, insignia, name, monogram or other distinguishing characteristics proposed to be used upon such nonemergency transport vehicles is not in conflict with and do not imitate any color scheme, insignia, name, monogram or other distinguishing characteristics used by any other person, in such manner as to mislead or tend to mislead, deceive, or defraud the public;
(c) That the applicant is fit, willing and able to perform nonemergency transport service and to conform to the provisions of this chapter, and such rules and regulations as may be promulgated by the Council. In making such findings, the Council shall take into consideration the character, experience, and responsibility of the applicant; (d) That the proposed nonemergency transport service is required by the public convenience and necessity. In making such finding, the Council shall take into consideration the number of nonemergency transport vehicles already in operation, whether existing nonemergency transport service is adequate to meet public need, and the probable effect of increased nonemergency transport service on local traffic conditions; and (e) None of the factors enumerated in Section 3-9.07 of the Modesto Municipal Code exist, such as misleading color schemes, disqualifying background factors, and proof of insurance.
After approval from Council has been provided, the permit will be issued by the Modesto Police Department.
Currently there are eight permitted ambulance companies in Modesto to provide non-emergency transport: Amwest Ambulance, Bay Medic Transportation, Citizens Medical Transport, Heavenly Medical Transport LLC, MacIntosh Transport LLC, Provident Senior Solutions Inc, Rose Medical Transportation and Star Nonemergent Transportation.
DISCUSSION:
NorCal Ambulance applied to operate a non-emergency medical transportation service in the City of Modesto. NorCal Ambulance has paid the $1,000 filing fee to cover administrative, investigative, and other incidental costs associated with the application and have provided all necessary information as outlined in Sections 3-9.01 to 3-9.20 of the Modesto Municipal Code.
Photos of the proposed vehicles are provided. They depict vehicles that are appropriate for their intended use, and the vehicle color and markings are not misleading. In reviewing the application and subsequent background, it appears the applicant can perform the proposed services, and these services benefit the public convenience and necessity based on the number of licensed providers currently operating in the city. There are no disqualifying factors at this time. The MPD concluded the required background investigation on NorCal Ambulance indicating the applicant has complied with the requirements contained in the Modesto Municipal Code 3-9.01 through 3-
9.20 and recommended to staff to proceed with Council approval to issue the operational permit.
FISCAL IMPACT:
NorCal Ambulance will be required to obtain a City Business license and renew it annually – which currently costs $75 and includes a $4 fee to the State of California for Disability Act AB1379.
Additionally, Ambulance will be required to pay mill tax, which is currently at a rate of 0.002, on #1..
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Non-Emergency Transport Application for NorCal Ambulance
their gross receipts while operating in the city. Fees and mill tax paid to the City are revenue to the General Fund.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to NorCal Ambulance in the City of Modesto and forwarding to Council for approval.
Approved by:
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
June 12, 2023
Date: May 22, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Organized Retail Theft Prevention Grant Program Application CONTACT: Bob Meredith, Lieutenant, [email protected], 209-572-9500 DESCRIPTION:
Consider the submission of a Grant Application for the Organized Retail Theft Prevention Grant Program to the Board of State and Community Corrections for up to $6.125 million in Grant Funds and forwarding to Council for approval (Funding Source: Grant Funds) STRATEGIC PLAN ELEMENT:
This item is related to the adopted City Council 2020-2025 Strategic Plan focus area of Quality of Life under Goal - Improve Community Safety. It is also related to the Strategic Plan focus area of Economic Vitality under Goal – Retain and attract commercial development to meet the community’s needs.
BACKGROUND:
The State Budget Act of 2022 (Senate Bill 154, Chapter 43, Statutes of 2022) established the Organized Retail Theft Prevention Grant Program. Funding is available to California city police departments, sheriff departments, and probation departments to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft. The authority and duties of the Board of State and Community Correction (BSCC) are to administer the Organized Retail Theft Prevention Program, including the selection criteria for grants and reporting requirements to the Legislature.
This grant makes $242,250,000 available competitively to city police, county sheriffs’ departments, and probation departments. Recognizing that applicants have different capacities, resources, and needs, there are two categories within which applicants will compete. An applicant may apply in either the Medium or Large Scope Category. This means Medium Scope Projects will compete against other Medium Scope Projects and Large Scope Projects will compete against other Large Scope Projects for funding. The Modesto Police Department #2..
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Organized Retail Theft Prevention Grant Program Application
(MPD) grant proposal most appropriately fits within the Medium Scope Project category which has a maximum award amount of $6,125,000. Applicants may apply for any dollar amount up to and including the maximum grant amount identified in each category.
Applicants must propose activities, strategies, or programs (eligible activities) that address a minimum of one (1) of the following program purpose areas (PPA’s):
PPA 1: Organized Retail Theft.
(PC 490.4) Organized Retail Theft is defined as acting in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange, or return the merchandise for value, acting in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acting as the agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of a plan to commit theft, or recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake acts of theft.
For the purposes of this PPA, eligible activities, strategies, or programs, include but are not limited to:
o Programs that promote collaboration and coordination between law enforcement and retailers to reduce organized retail theft.
o Programs that promote collaboration and coordination between law enforcement and District Attorney Offices to prosecute organized retail theft. o Development of organized retail theft policies and procedures, memorandum of understanding (MOU), and/or formal agreements between law enforcement and retailers.
o Deployment of law enforcement officers and taskforces to combat organized retail theft.
o Use of proactive approaches to minimize organized retail theft risks (e.g., anti-theft devices, use of cameras and security systems).
o Use of databases, equipment, software, and technology to combat organized retail theft.
This is the most appropriate PPA for MPD’s proposed project scope considering the prevalence of organized retail theft in the city and the department’s ongoing efforts to combat recent incidents of such theft.
PPA 2: Motor Vehicle or Motor Vehicle Accessory Theft For purposes of this PPA, the definition of motor vehicle theft shall have the same meaning as California Vehicle Code section 10851, which defines vehicle theft or the unlawful taking of a vehicle as when any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing. Motor vehicle theft may also include violations of Penal Code section 487, subdivision (d)(1).
Motor vehicle accessory theft may include the theft of any part of the vehicle or accessory thereof, including, but not limited to, violations of Penal Code sections 487 and 488. #2..
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Organized Retail Theft Prevention Grant Program Application
For the purposes of this PPA, eligible activities, strategies, or programs, include but are not limited to:
o Investigations of motor vehicle and motor vehicle accessory theft. o Motor vehicle theft prevention public awareness campaigns. o Programs that deter motor vehicle or motor vehicle accessory theft. o Use of databases, equipment, software, and technology to track stolen motor vehicles and/or motor vehicle accessories to combat organized retail theft.
Although Modesto has experienced a marked reduction in motor vehicle theft during the past decade, there has also been a steady increase in motor vehicle accessory theft, to include entering locked toolboxes to steal tools, and breaking into locked cars to access garage door openers to facilitate breaking into homes.
The theft of catalytic converters is still a pressing issue as well. MPD’s proposed project scope will also include this PPA.
PPA 3: Cargo Theft
For purposes of this PPA, cargo theft shall mean the unlawful taking of any cargo including, but not limited to, goods, chattels, money, or baggage that constitutes, in whole or in part, a commercial shipment of freight moving in commerce, from any pipeline system, railroad car, motor truck, or other vehicle, or from any tank or storage facility, station house, platform, or depot, or from any vessel or wharf, or from any aircraft, air terminal, airport, aircraft terminal or air navigation facility, or from any intermodal container, intermodal chassis, trailer, container freight station, warehouse, freight distribution facility, or freight consolidation facility. For purposes of this definition, cargo shall be deemed as moving in commerce at all points between the point of origin and the final destination, regardless of any temporary stop while awaiting transshipment or otherwise. Cargo theft shall also include violations of Penal Code section 487h.
For the purposes of this PPA, eligible activities, strategies, or programs, include but are not limited to:
o Investigations of cargo theft.
o Programs that promote collaboration and coordination between law enforcement and commercial cargo operators (trains, truck, busses, etc.) to reduce organized cargo theft.
o Programs that promote collaboration and coordination between commercial cargo operators and District Attorney Offices to prosecute organized cargo theft. o Use of databases, equipment, software, and technology to prevent and track stolen cargo.
Modesto has no measurable instances of cargo theft and with no major port or major rail yard, MPD’s proposed project scope will not include this PPA.
Applicants may implement new activities, strategies, or programs, OR expand existing activities, strategies, or programs. The deadline to apply is Friday, July 7 at 5 p.m.
Proposals selected for funding will be under agreement from October 1, 2023, to June 1, 2027, with the BSCC. The grant agreement service period covers October 1, 2023, and ends on #2..
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Organized Retail Theft Prevention Grant Program Application
December 31, 2026. However, an additional six (6) months (January 1, 2027, to June 1, 2027) will be included in the term of the grant agreement for the sole purposes of finalizing and submitting a required Local Evaluation Report and finalizing and submitting a required financial audit.
DISCUSSION:
The MPD is seeking approval to apply for the Organized Retail Theft Prevention Grant Program to improve public health and safety in Modesto by supporting local retail business and consumers through the use of technology, intelligence, cooperation and collaboration with local retailers and allied agencies, and utilizing purpose built directed enforcement to catch, dissuade, and prosecute organized retail theft offenders. This program seeks to improve the quality of life of the citizens of Modesto by reducing crime and the fear of crime when working and shopping in Modesto. It also intends to retain and attract local commercial retailers by providing them with a sense that their local government is actively taking steps to ensure their success so they can provide vital services and products today and in the future.
An example of the work currently underway in Modesto related to combatting organized retail theft, historically the area in and around the Northwest area of Modesto, generally described as the Sisk / Dale / Pelandale area sees an increase in commercial retail theft during the holiday season. The MPD’s Property Crimes Unit (PCU), a six-person team of detectives including a sergeant, have taken proactive steps to combat these thefts. This team spends a great deal of time between the Friday after Thanksgiving to just days before Christmas Day, working late into the evening to mirror shoppers and business hours. During this month-long operation, PCU made 64 arrests, and recovered and returned more than $41,000 in stolen property to retailers.
Oftentimes, the limiting factor in locating more offenders is a lack of manpower and funds.
In years past, MPD has relied heavily on grants to help cover overtime and equipment costs related to operations like the one noted above. In some instances, specialized equipment such as “armadillos” or surveillance cameras are redirected to other areas of the city for more pressing issues. There is a definitive need for more equipment and more resources in order to effectively combat organized retail theft and vehicle-related thefts. With an increase in businesses in other California cities closing stores or leaving jurisdictions altogether due to recurring theft, it is important and worthwhile to ensure businesses don’t leave Modesto, and citizens have safe access to retail near their homes.
The Organized Retail Theft Prevention Grant Program could potentially provide up to $6,125,000 to the City of Modesto to combat organized retail theft and help bridge the gap. These monies could be used for the following eligible funding activities:
Automated License Plate Readers (LPR’s)
Cameras
Case Management Systems
Computers/Laptops/Tablets
Databases
Investigative Software
Online and Print Advertising
RFI tracker/Tracking devices
Routers/Modems/Hotspots
Staff Expenses, including overtime.
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Organized Retail Theft Prevention Grant Program Application
Vehicles
Please note, the above list is not exhaustive. All proposed expenses must have a link to the Organized Retail Theft Prevention Grant Program as described in the authorizing legislation and the attached Request for Proposal (RFP). The MPD is currently taking inventory and building a list of equipment, software, hardware, staffing, and an overtime budget to present to the BSCC in the application. Additionally, the MPD is in the initial stages of identifying partner agencies for this effort and has begun discussions with many allied agencies and commercial retailers. In preparation for the grant application, and in an effort to obtain letters of commitment from our allied agencies and commercial retail partners, the MPD hosted a meeting with more than 50 invitees on May 24, 2023. Information about the program, needs, and goals were shared with the group and there was also a question and answer portion of the meeting to help identify the issues facing Modesto retailers. These partners, and any others identified moving forward, are critical to the success of any program put in place.
FISCAL IMPACT:
The authorizing statute for the BSCC Organized Retail Theft Prevention Program Grant does not require any match funds. It is important to note that there may be associated costs beyond the grant depending on the final proposal submitted – these can include things like vehicle upkeep, software renewals, etc. beyond the life of the grant.
If funding is awarded by BSCC, staff will return to Council to accept the terms of the grant and will include a full outline of the program and associated.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the submission of a Grant Application for the Organized Retail Theft Prevention Grant Program to the Board of State and Community Corrections for up to $6.125 million and forwarding to Council for approval.
Approved by:
Brandon Gillespie, Chief of Police
_________________________________________
Joseph P. Lopez, City Manager
Attachments:
1. Board of State and Community Corrections Organized Retail Theft Prevention Grant Program Request for Proposals
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Organized Retail Theft Prevention
Grant Program
Release Date: April 14, 2023
Letter of Intent due: May 15, 2023
Proposals Due: July 7, 2023
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Table of Contents | Page 1
Part I: Grant Information
Background Information................................................................................................. 1 Contact Information........................................................................................................ 1 Proposal Due Date and Submission Instructions........................................................... 1 Virtual Bidders’ Conference ........................................................................................... 2 Notice of Intent to Apply................................................................................................. 2 Scoring Panel ................................................................................................................ 3 Description of the Grant................................................................................................. 3 Funding Information..................................................................................................... 10 Data Collection, Reporting, and Evaluation Requirements .......................................... 12 General Grant Requirements....................................................................................... 13 Overview of the RFP Process...................................................................................... 17 Part II: Proposal Instructions
Proposal Narrative Instructions.................................................................................... 20 Proposal Budget Instructions ....................................................................................... 24 Part III: Appendixes
Appendix A: Senate Bill 154 ........................................................................................ 27 Appendix B: Project Work Plan.................................................................................... 30 Appendix C: Glossary of Terms ................................................................................... 32 Appendix D: Grantee Assurance for Non-Governmental Organizations ...................... 35 Appendix E: Local Impact Letter(s).............................................................................. 37 Appendix F: Letter(s) of Commitment .......................................................................... 38 Appendix G: Certification of Compliance with BSCC Polices on Debarment, Fraud, Theft and Embezzlement ...................................................................................................... 39 Appendix H: Governing Board Resolution ................................................................... 40 Table of Contents
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Proposal Instruction Packet | Page 1
Background Information
The State Budget Act of 2022 (Senate Bill 154, Chapter 43, Statutes of 2022) established the Organized Retail Theft Prevention Grant Program. Funding is available to California city police departments, sheriff departments, and probation departments to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.
Contact Information
This Request for Proposal (RFP) Instruction Packet provides the necessary information to prepare a proposal to the Board of State and Community Corrections (BSCC) for the Organized Retail Theft Prevention Grant Program.
The BSCC staff cannot assist the applicant or its partners with the preparation of the proposal. Any questions concerning this RFP, the proposal process, or the submission process must be submitted by email to: [email protected].
The BSCC will accept and respond to written questions until June 12, 2023. A frequently asked questions and answers (FAQs) document will be posted to the BSCC website and periodically updated through June 16, 2023.
Proposal Due Date and Submission Instructions
Organized Retail Theft Prevention Grant Program proposals must be received by 5:00 P.M. (PST) on Friday, July 7, 2023.
Submission Instructions
Applications for the Organized Retail Theft Prevention Grant Program must be submitted through the BSCC-Submittable Application portal. The BSCC-Submittable Application portal, Organized Retail Theft Prevention Grant Program Application, and all required attachments are available on the BSCC website.
To apply for this funding opportunity, applicants must create a free Submittable account OR use an existing Submittable account when prompted. After an account is established, applicants may proceed with the application process. As part of the submission process, applicants will be required to download mandatory forms that must be completed, signed, and uploaded to the BSCC-Submittable Application portal. All required documents are available on the BSCC website.
The BSCC-Submittable Application will not allow submissions after 5:00 p.m. (PST) on July 7, 2023. Please allow sufficient time to begin and submit your application. If the BSCC does not receive a submission by 5:00 p.m. (PST) on July 7, 2023, 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.
PART I: GRANT INFORMATION
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Proposal Instruction Packet | Page 2
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 challenges with your submission, please email the BSCC at: [email protected]. Be advised that applicants contacting the BSCC at the close of the submission due date/time may not receive timely responses. Please allow sufficient time for BSCC staff to provide technical assistance.
Virtual Bidders’ Conference
Prospective applicants are invited to attend a virtual Bidders’ Conference. Attendance at the virtual Bidders’ Conference is not a requirement. The purpose of this Bidders’ Conference is to answer technical questions from prospective bidders (applicants) and provide clarity on RFP instructions. Topics may include, but are not limited to, proposal submission instructions, eligibility, funding, and an overview of the rating factors. Bidders’ Conference details are listed below:
Organized Retail Theft Prevention Grant Program
Virtual Bidders’ Conference
Thursday, May 11, 2023, at 10:00 A.M.
Public access options for this meeting include:
Join by Zoom:
• https://us02web.zoom.us/j/86328175681?pwd=M0hTVVJ2SCtTbWFRUWxiW mtXRVRLQT09
• Meeting ID: 863 2817 5681| Passcode: 959280
Call In:
• 1-669-900-9128
• Meeting ID: 863 2817 5681| Passcode: 959280
Notice of Intent to Apply
Prospective applicants are asked (but not required) to submit a non-binding letter indicating their intent to apply. These letters aid the BSCC in planning for the proposal evaluation process. Please submit your letter in Microsoft Word or as a PDF.
There is no formal template for the letter, but it should include the following information:
1. Name of the applicant entity;
2. Name of a contact person; and
3. 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 that submit a Letter of Intent and decide later not to apply will not be penalized. #2..
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Please email your non-binding Letter of Intent to Apply by Monday, May 15, 2023. Please identify the email subject line as “ORT Letter of Intent” and submit the letter to:
Scoring Panel
To ensure successful program design and implementation, the BSCC uses Executive Steering Committees (ESC) and Scoring Panels to inform decision making related to the Board’s programs. The BSCC’s 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 diverse representation on its ESCs and Scoring Panels, in breadth of experience, geography and demographics.
The Organized Retail Theft Prevention Grant Program will convene a Scoring Panel. The Scoring Panel will read and rate submissions and 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 rate proposals. Please check the BSCC website for updated information on the Scoring Panel.
Conflicts of Interest
Existing law prohibits any grantee, subgrantee, partner, or like party participating on the Organized Retail Theft Prevention Grant Program Scoring Panel from receiving funds from the 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.
Description of the Grant
The Organized Retail Theft Prevention Grant Program was established in Senate Bill 154 (SB 154) (Appendix A). Per SB 154:
Grant funds shall be used to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft. Permissible uses of grant funds include, but are not limited to, purchase of technology or other equipment to help deter strategies for preventing or responding to crime. These funds shall be used to supplement and not supplant existing funds for these activities.
All entities receiving grant funding shall be required to comply with all applicable privacy laws and regulations.
Grants shall be made on a competitive basis to localities that can demonstrate, using data, that organized retail theft, motor vehicle or motor #2..
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vehicle accessory theft, or cargo theft pose a significant problem in their jurisdictions.
An applicant shall submit a proposal, in a form prescribed by the Board of State and Community Corrections, which shall include, but not be limited to, the following:
a) Data demonstrating the nature and scale of the specific crime problem, which the applicant proposes to address using grant funds. b) Clearly defined and measurable objectives for this grant. c) A description of how the applicant proposes to use the grant funds to achieve the stated objectives, including any plans to coordinate or collaborate with other entities such as public agencies, community organizations, or retailers.
d) A discussion of research or other evidence indicating that the proposed activities would likely achieve the intended objectives. e) A discussion of how the applicant plans to sustain the proposed activities after grant funds expire or an explanation of why proposed activities are limited term in nature.
f) A description of existing or proposed policies to limit racial bias in utilizing these funds.
g) If proposing an investment in surveillance technologies, a description of existing or proposed policies to govern the use of those technologies, including how the applicant will comply with applicable privacy laws and secure any data collected or stored.
The Board of State and Community Corrections shall post to its public website all applications received.
In awarding grants, the Board of State and Community Corrections shall give preference to applicants whose grant proposals demonstrate the greatest need for additional resources and likelihood of success in reducing organized retail theft, motor vehicle or motor vehicle accessory theft, and cargo theft.
In support of these efforts, each applicant will develop a Project Work Plan that identifies measurable project goals, objectives, and commensurate timelines (Appendix B). Please reference the Glossary of Terms (Appendix C) to view key definitions for this RFP.
Eligibility to Apply
Eligible applicants are California police departments, sheriff departments, and probation departments.
Applications must be submitted by the City Council, Board of Supervisors, or the Chief County Administrative Officer. Eligible applicants may not submit more than one (1) proposal for funding consideration. However, two (2) or more applicants may submit a #2..
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collaborative proposal (e.g., multi-agency proposal). The agencies and jurisdictions comprising the collaborative application are not required to be contiguous.
Lead Public Agency
All applicants are required to designate a Lead Public Agency (LPA) to serve as the coordinator for all grant activities. The LPA is a governmental agency with local authority within the applicant city or county. The applicant may choose to fill the role of LPA itself or it may designate a department, agency, or office under its jurisdiction to serve as the LPA. The role of the LPA is to coordinate with local government agencies and nongovernmental organizations to ensure successful implementation of the grant program.
The LPA is responsible for data collection and management, invoices, meeting coordination (virtual and/or in-person) and will serve as the primary point of contact with the BSCC.
Eligible Activities
Applicants must propose activities, strategies, or programs that address a minimum of one (1) of the following Program Purpose Areas (PPAs):
• PPA 1: Organized Retail Theft
• PPA 2: Motor Vehicle or Motor Vehicle Accessory Theft • PPA 3: Cargo Theft
Applicants may implement new activities, strategies, or programs, OR expand existing activities, strategies, or programs (without supplanting funds - see supplanting definition in the General Grant Requirements).
Organized Retail Theft Prevention Grant - Program Purpose Areas (PPA) PPA 1: Organized Retail Theft
For the purposes of the PPA, the definition of organized retail theft is adopted from Penal Code section 490.4.
Organized Retail Theft is defined as acting in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange, or return the merchandise for value, acting in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acting as the agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of a plan to commit theft, or recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake acts of theft.
All proposed activities, strategies, or programs must have a link to the Organized Retail Theft Prevention Grant Program as described in the authorizing legislation and this RFP.
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For the purposes of this PPA, eligible activities, strategies, or programs, include but are not limited to:
• Programs that promote collaboration and coordination between law enforcement and retailers to reduce organized retail theft.
• Programs that promote collaboration and coordination between law enforcement and District Attorney Offices to prosecute organized retail theft. • Development of organized retail theft policies and procedures, memorandum of understanding (MOU), and/or formal agreements between law enforcement and retailers.
• Deployment of law enforcement officers and taskforces to combat organized retail theft.
• Use of proactive approaches to minimize organized retail theft risks (e.g., anti-theft devices, use of cameras and security systems).
• Use of databases, equipment, software, and technology to combat organized retail theft.
PPA 2: Motor Vehicle or Motor Vehicle Accessory Theft
For purposes of this PPA, the definition of motor vehicle theft shall have the same meaning as California Vehicle Code section 10851, which defines vehicle theft or the unlawful taking of a vehicle as when any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing. Motor vehicle theft may also include violations of Penal Code section 487, subdivision (d)(1).
Motor vehicle accessory theft may include the theft of any part of the vehicle or accessory thereof, including, but not limited to, violations of Penal Code sections 487 and 488.
For the purposes of this PPA, eligible activities, strategies, or programs, include but are not limited to:
• Investigations of motor vehicle and motor vehicle accessory theft. • Motor vehicle theft prevention public awareness campaigns. • Programs that deter motor vehicle or motor vehicle accessory theft. • Use of databases, equipment, software, and technology to track stolen motor vehicles and/or motor vehicle accessories to combat organized retail theft.
PPA 3: Cargo Theft
For purposes of this PPA, cargo theft shall mean the unlawful taking of any cargo including, but not limited to, goods, chattels, money, or baggage that constitutes, in whole or in part, a commercial shipment of freight moving in commerce, from any pipeline system, railroad car, motor truck, or other vehicle, or from any tank or storage facility, station house, platform, or depot, or from any vessel or wharf, or from any aircraft, air terminal, airport, aircraft terminal or air navigation facility, or from any intermodal container, intermodal chassis, trailer, container freight station, warehouse, freight distribution facility, or freight consolidation facility. For purposes of this definition, cargo shall be deemed as moving in commerce at all points between the point of origin and the #2..
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final destination, regardless of any temporary stop while awaiting transshipment or otherwise. Cargo theft shall also include violations of Penal Code section 487h.
For the purposes of this PPA, eligible activities, strategies, or programs, include but are not limited to:
• Investigations of cargo theft.
• Programs that promote collaboration and coordination between law enforcement and commercial cargo operators (trains, truck, busses, etc.) to reduce organized cargo theft.
• Programs that promote collaboration and coordination between commercial cargo operators and District Attorney Offices to prosecute organized cargo theft. • Use of databases, equipment, software, and technology to prevent and track stolen cargo.
Grant Period
Proposals selected for funding will be under agreement from October 1, 2023 to June 1, 2027 with the BSCC. The grant agreement service period covers October 1, 2023 and ends on December 31, 2026. However, an additional six (6) months (January 1, 2027, to June 1, 2027) will be included in the term of the grant agreement for the sole purposes of finalizing and submitting a required Local Evaluation Report and finalizing and submitting a required financial audit.
A visual illustration of the grant agreement period is provided below:
October 1, 2023 to June 1, 2027
Implementation Service Delivery Service Delivery Service Delivery Data Evaluation/ Closeout
Up to 6-Months Year 1 Year 2 Year 3 Up to 6-Months
October 1, 2023 -
April 1, 2024
Start Date -
December 31, 2024
January 1, 2025 -
December 31, 2025
January 1, 2026 -
December 31, 2026
January 1, 2027, -
June 1, 2027
Implementation
period for hiring,
procurement, and
other activities that
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 collectionService delivery and data collectionService delivery and data collection Data analysis and
evaluation period to
analyze data
gathered during the
service delivery
period.
Only expenses
incurred for
evaluation efforts
may be incurred in
this period.
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Criteria for Non-Governmental Organizations
Applicants for the Organized Retail Theft Prevention Grant Program may elect to partner, contract, or establish agreements with non-governmental organizations (NGOs)1 in the implementation of their program. All NGOs must adhere to terms described on the following page.
All applicants must complete, sign, and submit the BSCC Grantee Assurance for NonGovernmental Organizations (Appendix D). Once under contract, grantees must submit an updated Grantee Assurance for Non-Governmental Organizations throughout the life of the grant agreement for any additional NGOs that receive funds through subcontracts after awards are made. The BSCC will not reimburse for costs incurred by NGOs that do not meet the BSCC’s requirements.
1 For the purposes of this RFP, NGOs include nonprofit and for-profit community-based organizations, faith-based organizations, evaluators (except government institutions such as universities), grant management companies, and any other non-governmental agency or individual.
Eligibility Criteria for Non-Governmental Organizations Providing Services with BSCC Grant Funds
Any non-governmental organization that receives Organized Retail Theft Prevention Grant Program funds (as either a subgrantee or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its fiscal agreement with the BSCC or with the Organized Retail Theft Prevention Grant Program grantee; 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 subcontractor fiscal agreement; • Be registered with the California Secretary of State’s Office, if applicable; • Have a valid Employer Identification Number (EIN) or Taxpayer ID (if sole proprietorship);
• Have a valid business license, if applicable;
• Have no outstanding civil judgments or liens;
• 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; and
• Have a physical address within California. (An agent for service of process with a California address is insufficient.)
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Local Impacts
The Organized Retail Theft Prevention Grant Program encourages collaboration, communication, and innovation to combat organized retail theft. In supporting this approach, proposed projects may have impacts on retailers and local government agencies that prevent projects from operating as intended (e.g., increased law enforcement presence in retail spaces, increased referrals to the District Attorney’s Office, overlapping or duplicative public awareness campaigns, etc.) As a part of the application, each Lead Agency will be required to acknowledge any anticipated impacts from the implementation of the proposed project (Attachment E).
Written Agreement from Key Partners
If the success of the applicant’s proposed activity, strategy, or program relies on the participation of an outside agency or organization (i.e., an entity other than the applicant or LPA), the applicant must include a Letter of Commitment. Letter(s) of Commitment should reflect that the outside agency or organization is aware of the proposed project, is committed to ensuring the success of the project, their role, and agrees to participate.
Examples of key roles played by outside entities could include the following:
• Data Collection Partnerships
• Referral Sources
• Service Delivery Location
A Letter of Commitment must include the name of the outside entity, be signed by the executive officer, department head, or other authorized representative, and be dated within three (3) months of the proposal submission to the BSCC. Outdated letters or letters that speak to a partnership or grant activities outside of the activities listed in this proposal, will not be accepted. See Appendix F for a sample Letter of Commitment.
A Letter of Commitment is not required if the applicant has determined that an outside agency or organization is not critical to the launch or ongoing implementation of the proposed program.
Policies Limiting Racial Bias
Applicants must provide a description of existing or proposed policies to limit racial bias when utilizing these funds. Applicants will be required to upload existing or proposed policies in a Microsoft Word Document or PDF via the BSCC-Submittable Application portal. (Appendix A, Provision 5(f).)
Policies on Surveillance Technology
Applicants proposing an investment in surveillance technologies must provide a description of existing or proposed policies to govern the use of those technologies, including how the applicant will comply with applicable privacy laws and secure any data collected or stored. Applicants will be required to upload existing or proposed policies in a Microsoft Word Document or PDF via the BSCC-Submittable Application portal. (Appendix A, Provision 5(g).)
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Organizational Capacity and Coordination
Applicants will be rated, in part, on how well they demonstrate they have the experience, a staffing plan, and any partnerships necessary to implement the proposed strategy. If an applicant is unable to identify staff and/or subcontractors until after the grant is awarded, the applicant should explain, at a minimum, the process and criteria by which they will select staff and/or subcontractors after the award. Distinct from administrative staff and partners, applicants must also demonstrate how they plan to ensure that the staff who deliver the services have backgrounds and experience that are relevant to the proposed strategy and/or target population.
Funding Information
This RFP makes $242,250,0002 available competitively to city police, county sheriffs’ departments, and probation departments to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.
Funding Categories
Recognizing that applicants have different capacities, resources, and needs, there are two categories within which applicants will compete. An applicant may apply in either the Medium or Large Scope Category. This means Medium Scope Projects will compete against other Medium Scope Projects and Large Scope Projects will compete against other Large Scope Projects for funding.
The maximum an applicant may apply for is up to $6,125,000 in the Medium Scope category OR up to $15,650,000 in the Large Scope category. Applicants may apply for any dollar amount up to and including the maximum grant amount identified in each category. An illustration of the funding categories, maximum grant award, and total available funding by category is provided below:
Funding Categories Maximum Grant Award Total Available Funding Medium Scope Up to $6,125,000 $85,750,000
Large Scope Up to $15,650,000 $156,500,000
Total Funding Available for Competitive Grants: $242,250,000 *NOTE: Funding must last for the entirety of the grant (October 1, 2023 to June 1, 2027).* Multi-Agency Partnerships
Applicants may apply for funding as part of a multi-agency partnership (two or more agencies). The agencies and jurisdictions comprising the collaborative application are not required to be contiguous. One (1) Lead Public Agency must be identified on behalf of the partnership.
2 Provided funding is appropriated in the FY 2023-2024 and 2024-25 State Budget Acts. #2..
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Multi-agency partnerships (Medium Scope or Large Scope) may apply for up to the maximum grant award in that category multiplied by the number of partnering applicants.
For Example:
• Four (4) eligible applicants in the Medium Scope category may submit one application for up to $24,500,000
o $6,125,000 (Medium Scope Max) x 4 (# of Agencies) = $24,500,000 • Two (2) eligible applicants in the Large Scope category may submit one application for up to $31,300,000
o $15,650,000 (Large Scope Max x 2 (# of Agencies) = $31,300,000 Funding Decisions
Applicants will compete for funds within the Medium or Large Scope Category. Proposals will be evaluated, scored, and a ranked list of all scored proposals will be generated. The BSCC will move down the ranked lists to fund all qualified applicants in each of the two funding categories until all funds in that category are exhausted. Applicants that fall at the cut-off point may be offered a partial award if there are not sufficient remaining funds to make a full award.
If funding remains in one or more categories, the following will occur:
• Funds remaining in the Medium Scope Category after all qualified applicants in that category have been fully funded, will be used to fund any additional qualified applicants in the Large Scope Category.
• Funds remaining in the Large Scope Category after all qualified applicants in that category have been fully funded, will be used to fund any additional qualified applicants in the Medium Scope Category.
If an applicant or grantee relinquishes an award, BSCC has authority to offer that award to the next qualifying applicant(s) on the ranked list.
Eligible Funding Activities
Organized Retail Theft Prevention Grant Program funds must address at least one (1) Program Purpose Areas (PPAs) as identified in the Eligible Activities section. To support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft, eligible expenses for this RFP include, but are not limited to, the following:
• Automated License Plate Readers
• Cameras
• Case Management Systems
• Computers/Laptops/Tablets
• Databases
• Investigative Software
• Online and Print Advertising
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• RFI Tracker/Tracking Devices
• Routers/Modems/Hotspots
• Staff expenses, including overtime
• Vehicles
Please note, the above list is not intended to be exhaustive. All proposed expenses must have a link to the Organized Retail Theft Prevention Grant Program as described in the authorizing legislation and this RFP.
Match Requirement
No match is required for the Organized Retail Theft Prevention Grant Program.
Data Collection, Reporting, and Evaluation Requirements Projects selected for funding will be required to submit a Local Evaluation Plan and Local Evaluation Report. Applicants are encouraged, but not required, to use outside evaluators to ensure objective and impartial evaluations. This may include, but is not limited to, community colleges, universities, and research organizations.
Required Set-Aside for Evaluation Efforts
Grantees are required to set aside at least $75,000 but not more than 5% percent of the total grant award for data collection and evaluation efforts, including data collection for the Quarterly Progress Reports and statewide evaluation (see below) and the development of the Local Evaluation Plan and Local Evaluation Report.
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 applicant will assess the effectiveness of the proposed program in relationship to each of its goals and objectives identified in the proposal. A relationship between the goals and objectives identified in the proposal 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. Applicants should also address 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. The Local Evaluation Plan is due no later than April 1, 2024.
Local Evaluation Report
Following project completion, grantees are required to complete a Local Evaluation Report. The Local Evaluation Report must be in a format prescribed by the BSCC. The purpose of the 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.
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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. The Local Evaluation Report is due no later than June 1, 2027.
Statewide Evaluation
BSCC Research will conduct a statewide evaluation of the impact of the initiatives supported by the grant funding including the outcomes and objectives that were achieved.
The evaluator will: develop the research methodology for the statewide evaluation; design and develop instruments for collecting and evaluating data from grantees; provide ongoing technical assistance to grantees for data collection and evaluation activities; compile, screen and analyze data obtained from grantees; and develop a final report on the impact of the program. As a condition of award, grantees agree to collect data requested for the evaluation (this may include standardized Quarterly Progress Report format with specified baseline, output, and/or outcome measures) and fully cooperate and share information within timelines set for the evaluation.
General Grant Requirements
Audit Requirements
Grantees are required to provide the BSCC with a financial audit that covers the service delivery period of the grant (October 1, 2023 - December 31, 2026). The audit report will be due no later than June 1, 2027. The financial 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, the 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, 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.
BSSC Grant Agreement
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 Grant Agreement for the Organized Retail Theft Prevention Grant Program is available on the BSCC website.
The Grant Agreement start date is expected to be October 1, 2023. 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. Work, services, and encumbrances cannot begin prior to the Grant Agreement start date. Any work, services and encumbrances that occur after the start #2..
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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 the life of the grant cycle plus three (3) years after the final payment under the contract.
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. All applicants must complete an assurance certifying they are compliant with the BSCC’s policies on debarment, fraud, theft, and embezzlement (Appendix G).
Governing Board Resolution
Successful applicants will be required to submit a Resolution from their Governing Board before the grant award can be finalized and funds awarded. A signed resolution is not required at the time of proposal submission, but 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 (Appendix H).
Grantee Orientation
Following the start of the grant period, BSCC staff will conduct a Virtual Grantee Orientation (October 2023, 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 Contact must attend. Grantees are also strongly encouraged to include the individual tasked with Data Collection and Evaluation. Award recipients will be provided additional details regarding the Grantee Orientation in October 2023. #2..
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Invoices
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 on the Applicant Information Form as the Financial Officer for the grant. Grantees must submit invoices to the BSCC on either a monthly or quarterly basis through an online process no later than 45 days following the end of the invoicing period. Grantees will make their choice between monthly or quarterly invoicing prior to grant agreement execution.
Grantees must maintain adequate supporting documentation for all costs claimed on invoices. BSCC staff will conduct a desk review, which requires grantees to submit electronic documentation to support all grant funds claimed during the invoicing period.
In addition, BSCC staff may conduct on-site monitoring visits that 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.
Monitoring
The 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 Comprehensive Monitoring Visit checklist can be found on the Corrections Planning and Grants Program website.
Quarterly Progress Reports
Grant award recipients are required to submit quarterly progress reports to the BSCC.
Progress reports are a critical element in BSCC’s monitoring and oversight process.
Grantees who 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 could be subject to the withholding of funds. Once grants are awarded, BSCC will work with grantees to create custom progress reports.
Supplanting
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. Supplanting is strictly prohibited for all BSCC grants. Organized Retail Theft Prevention Grant Program funds shall be used to support new program activities or to augment or expand existing program activities but shall not be used to replace existing funds. 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.
Travel
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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. • 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.
• Non-Governmental Organizations (NGOs)
An NGO receiving BSCC funds must use the California 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.
• 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-ofstate travel requests must include a detailed justification and budget information.
In addition, California prohibits travel, except under specified circumstances, to states that have been found by the California Attorney General to have discriminatory laws. The BSCC will not reimburse for travel to these states unless the travel meets a specific exception under Government Code section 11139.8, subdivision (c). For additional information, please see: https://oag.ca.gov/ab1887. #2..
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Overview of the RFP Process
Confirmation of Receipt of Proposal
Upon submission of a proposal, applicants will receive a confirmation email from the BSCC stating that the proposal has been received.
Disqualification
Disqualification - PLEASE REVIEW CAREFULLY
The following will result in an automatic disqualification:
• Submission is not received by 5:00 P.M. (PST) on Friday, July 7, 2023 • Applicant does not meet the Eligibility Criteria
• Application, and all required attachments, are not submitted via the BSCCSubmittable Application portal • Budget Attachment is incomplete (e.g., impacted fields are not completed) • Funding request exceeds allowable amount in the Medium or Large Scope category
• Attachment(s) are illegible
• Attachment(s) will not open, or the file(s) are corrupted NOTE: Disqualification means that the proposal will not move forward to the Scoring Panel for the Proposal Rating Process, and, therefore, will NOT be considered for funding.
Proposal Rating Process
Unless disqualified, proposals will advance to the Scoring Panel for funding consideration.
Proposals will be evaluated in accordance with the BSCC’s Grant Proposal Evaluation Process (link) 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 ratings 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 Board’s funding recommendations. It is anticipated that the Board will act on the recommendations at its meeting on September 14, 2023. Applicants and their 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 rating factor are shown in the table below. Applicants are asked to address each of these rating factors as a part of their proposal. A percent of total value is assigned to each Rating Factor, correlating to its importance within the overall project (see Percent of Total Value column).
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Rating Factors Point
Range
Percent of Total
Value
Weighted Rating
Factor Score
1 Project Need 0-5 20% 40
2 Project Description 0-5 35% 70
3 Project Organizational
Capacity and Coordination 0-5 15% 30
4 Project Evaluation and
Monitoring 0-5 10% 20
5 Project Budget 0-5 20% 40
Maximum Proposal Score: 100% 200
Raters 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 final overall proposal score.
The maximum possible proposal score is 200.
Senate Bill 154 requires the BSCC to give preference to applicants whose grant proposals demonstrate the greatest need for additional resources and likelihood of success in reducing organized retail theft, motor vehicle or motor vehicle accessory theft, and cargo theft. In fulfillment of this request, 110 out of a total of 200 points is allocated between the Project Need and Project Description categories.
Six Point Rating Scale
Not Responsive
0 Poor
1 Fair
2 Satisfactory
3 Good
4 Excellent
5 The response
fails to
address the
criteria.
The response
addresses the
criteria in a
very
inadequate
way.
The response
addresses the
criteria in a
non-specific or
unsatisfactory
way.
The
response
addresses
the criteria in
an adequate
way.
The response
addresses the
criteria in a
substantial
way.
The response
addresses the
criteria in an
outstanding
way.
Summary of Key Dates
The following table shows the key dates for the Organized Retail Theft Prevention Grant Program.
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Activity Date
Present the RFP for BSCC Board approval April 13, 2023
Release the RFP April 14, 2023
Bidders’ Conference May 11, 2023
Letter of Intent Due to the BSCC May 15, 2023
Proposals Due to the BSCC July 7, 2023
Proposal Rating Process and Development of
Funding Recommendations
July-August 2023
BSCC Board Considers Funding Recommendations September 14, 2023 Notices to Applicants September 15, 2023
Grant Period Begins October 1, 2023
Mandatory New Grantee Orientation October 2023
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This document/section contains the necessary information for completing the Organized Retail Theft Prevention Grant Program Application. The Application and all required attachments are provided on the BSCC website.
Proposal Narrative and Budget Sections
The five rating factors that will be addressed in the Proposal Narrative and the Proposal Budget sections, are shown below
Rating Factor Percent
Value Addressed In:
1 Project Need 20%
Proposal
Narrative
2 Project Description 35%
3 Project Organizational Capacity and
Coordination 15%
4 Project Evaluation and Monitoring 10%
5 Project Budget 20% Proposal
Budget
Proposal Narrative Instructions
Applicants will complete the Proposal Narrative by accessing the BSCC-Submittable application portal and responding to a series of prompts. The Proposal Narrative must address the Project Need, Project Description, Project Organizational Capacity and Coordination, and Project Evaluation and Monitoring Rating Factors. Please do not include website links, charts, tables, or graphs when responding.
Each Rating Factor has a character limit as shown below:
Rating Factor Total
Characters
Microsoft Word
Equivalent*
1 Project Need 6,711 Up to 3 (Three) Pages
2 Project Description 11,185 Up to 5 (Five) Pages
3 Project Organizational Capacity
and Coordination 4,474 Up to 2 (Two) Pages
4 Project Evaluation and Monitoring 4,474 Up to 2 (Two) Pages *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.
PART II: PROPOSAL INSTRUCTIONS
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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". Applicants are prohibited from submitting the Organized Retail Theft Prevention Grant Program Application 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 addressing the Proposal Narrative criteria, the following attachments must be completed and uploaded in the identified fields in the BSCC-Submittable application portal at the time of submission:
• Project Work Plan (Appendix B).
• Grantee Assurance for Non-Governmental Organizations (Appendix D). • Local Impact Letter(s) If Applicable (Appendix E)
• Letter(s) of Commitment If Applicable (Appendix F)
• Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and • Embezzlement (Appendix G)
• Governing Board Resolution Optional (Appendix H)
Proposal Narrative Rating Factors
Section 1: Project Need (Percent Value – 20%)
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 need that is pertinent to the intent of the grant. The elements that comprise this 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 Describe the need(s) to be addressed, the process used to determine the need(s), and how the need is related to the intent of the grant program.
1.2 Identify the conditions or elements that contribute to the need (e.g., service gaps, geographic location, accessibility).
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1.3 Use relevant local qualitative and/or quantitative data with citations to demonstrate the nature and scale of the specific theft problem (organized retail, motor vehicle, motor vehicle accessory, and/or cargo) and provide a compelling justification for grant funds.
Section 2: Project Description (Percent Value – 35%)
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 identified need and the intent of the grant. The elements that comprise this 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.
2.1 Describe the proposed project that will address the need(s) identified in the Project Need section. The description should include:
• the proposed activities/services/interventions of the project including how they will be delivered and the length and duration.
• the target area and/or population which will be the focus of the project, including how and why it was selected.
• how the proposed activities/services/interventions will address the Project Need and the intent of the grant program.
• plans to coordinate or collaborate with other entities, if any, such as public agencies (e.g., law enforcement, non-law enforcement, prosecutors’ offices), community organizations, or retailers.
2.2 Describe the proposed project’s goals, objectives, and impact that includes a relationship to the identified need(s) and intent of the grant program. • The completed Project Work Plan (Appendix B) is appropriate for the proposed project aligning with the identified need(s) and intent of the grant program.
• The completed Project Work Plan identifies the top goals and objectives (see Appendix C for definitions) and how those will be achieved in terms of the activities, responsible staff/partner agencies, process and outcome measures, data sources, and start and end dates.
2.3 Describe the rationale for the proposed activities/services/interventions including research or other evidence indicating that the intended goals and objectives are likely to be achieved.
2.4 Describe existing or proposed policies to:
• govern the use of surveillance technology (if applicable) including complying with applicable privacy laws/regulations and securing any data collected or stored.
2.5 Describe existing or proposed policies to:
• limit racial bias.
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Section 3: Project Organizational Capacity & Coordination (Percent Value – 15%) Within this section, address the criteria that define the Project Organizational Capacity and Coordination Rating Factor (see table below) in a cohesive, comprehensive, and concise narrative format.
Project Organizational Capacity and Coordination: The applicant described their organization’s ability to implement the proposed project. The elements that comprise this 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.
3.1 Describe the applicant’s ability to administer the proposed project. In the descriptions include:
• the applicant’s staffing required and available to operate the project including staff qualifications and training.
• the extent to which existing staff resources will be utilized. • project management and oversight to ensure the proposed project is implemented as intended.
3.2 Describe any partner agency(ies) or coordination with other agencies necessary to implement the proposed project. If partners are to be selected after the grant is awarded, specify the process and criteria for selecting the partner agency(ies). The description of partners should include:
• their involvement/role that is aligned with the proposed project. • their credentials, involved personnel, experience and capability to conduct the project, and the value the partners add to the proposed project.
• the plan to coordinate with these partners.
• key partners’ letters of commitment provided as attachments (Attachment G).
3.3 Describe the timeline for the execution of contracts or memorandums of understanding with any partner agency(ies) and the implementation of involvement/role to provide services or activities such that they are in a reasonable timeframe to support the project. Include a description of the readiness to proceed, if funded.
3.4 Describe the management structure and decision-making process for the proposed project.
3.5 Describe the plans to sustain the proposed project after grant funds expire or why the proposed project is limited in term.
Section 4: Project Evaluation and Monitoring (Percent Value – 10%) 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.
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Project Evaluation and Monitoring: The applicant described how it will monitor and evaluate the effectiveness of the proposed project. The elements that are to comprise this Rating Factor 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 is to 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 qualified internal staff and/or external partner or entity that will conduct the project evaluation and how monitoring activities will be incorporated in the various phases of the project (e.g., start-up, implementation, service delivery period).
4.2 Identify and define the process measures and outcome measures that are quantifiable and are in line with the intent of the proposed project and the objectives listed in the Work Plan.
4.3 Describe the preliminary plan for monitoring the project to ensure the project components are implemented as intended.
4.4 Describe the preliminary plan for collecting and evaluating data, including baseline data, related to the process measures and outcome measures identified in 4.2. Describe a plan for entering into data sharing agreements, if necessary.
4.5 Describe the research design or methodology that will allow for an assessment of whether the strategy implemented achieved the intended outcomes.
Proposal Budget Instructions
As part of the application process, applicants are required to complete and upload a Proposal Budget Table and Budget Narrative (Budget Attachment) in the budget section of the BSCC-Submittable application page. The Budget Attachment is provided on the BSCC website.
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 budget narrative are allowable and eligible for reimbursement. Regardless of any ineligible costs that may need to be addressed post award, the starting budget for the reimbursement invoices and the total amount requested will be the figures used for the Standard Grant Agreement.
Applicants are solely responsible for the accuracy and completeness of the information entered in the Proposal Budget Table and Budget Narrative. Detailed instructions for completing the Budget Attachment are listed on the Instructions tab of the Excel workbook. All project costs must be directly related to the objectives and activities of the project. The Budget Table must cover the entire grant period.
For additional guidance related to grant budgets, refer to the BSCC Grant Administration Guide.
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Proposal Budget Rating Factor
Section 5: Project Budget (Percent Value – 15%)
The following items are rated as part of this section and must be addressed by the applicant in the Budget Attachment.
Project Budget: The applicant provided a complete Budget Attachment (Budget Table and Budget Narrative) for the proposed project. The elements against which the Budget Attachment will be rated 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.
5.1 Provide complete and detailed budget information in the Budget Attachment (Budget Table and Budget Narrative) that for each section:
• includes a brief explanation justifying each expense. • ensures expenses are appropriate for the grant’s intent, the project’s goals, and planned activities.
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Appendixes
This section includes the following appendixes:
• Appendix A: Senate Bill 154
• Appendix B: Project Work Plan
• Appendix C: Glossary of Terms
• Appendix D: Grantee Assurance for Non-Governmental Organizations • Appendix E: Local Impact Letter(s)
• Appendix F: Letter(s) of Commitment
• Appendix G: Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement
• Appendix H: Governing Board Resolution
PART III: APPENDIXES
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Appendix A: Senate Bill 154
5227-117-0001—For local assistance, Board of State and Community Corrections ........................ 85,000,000
Schedule:
(1)
4945-Corrections Planning
and Grant Programs
........................ 85,000,000
Provisions:
1. The amount appropriated in this item shall be for competitive grants for city police, county sheriffs’ departments, and probation departments. These law enforcement agencies may apply
individually or on behalf of a group of entities that includes other law enforcement agencies or non-law-enforcement entities, including, but not limited to, community-based organizations or prosecutors’ offices.
2. Grant funds shall be used to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.
Permissible uses of grant funds include, but are not limited to, purchase of technology or other equipment to help deter strategies for preventing or responding to crime. These funds shall be used to supplement and not supplant existing funds for these activities.
3. All entities receiving grant funding shall be required to comply with all applicable privacy laws and regulations.
4. Grants shall be made on a competitive basis to localities that can demonstrate, using data, that organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft pose a significant problem in their jurisdictions.
5. An applicant shall submit a proposal, in a form prescribed by the Board of State and Community Corrections, which shall include, but not be limited to, the following:
(a)
Data demonstrating the nature and scale of the specific crime problem, which the applicant proposes to address
using grant funds.
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(b) Clearly defined and measurable objectives for this grant. (c)
A description of how the applicant proposes to use the grant funds to achieve the stated objectives, including any plans to coordinate or collaborate with other entities such as public agencies, community organizations, or retailers.
(d)
A discussion of research or other evidence indicating that the proposed activities would likely achieve the intended
objectives.
(e)
A discussion of how the applicant plans to sustain the
proposed activities after grant funds expire or an explanation of why proposed activities are limited term in nature.
(f)
A description of existing or proposed policies to limit racial bias in utilizing these funds.
(g)
If proposing an investment in surveillance technologies, a description of existing or proposed policies to govern the use of those technologies, including how the applicant will comply with applicable privacy laws and secure any data collected or stored.
6. The Board of State and Community Corrections shall post to its public website all applications received.
7. In awarding grants, the Board of State and Community Corrections shall give preference to applicants whose grant proposals demonstrate the greatest need for additional resources and likelihood of success in reducing organized retail theft, motor vehicle or motor vehicle accessory theft, and cargo theft.
8. Each grantee shall report to the Board of State and Community Corrections, in a form and at intervals prescribed by the board, their progress in achieving the grant objectives.
9. The Board of State and Community Corrections shall, by no later than 90 days following the close of each grant cycle, prepare and submit a report to the Legislature in compliance with Section 9795 of the Government Code regarding the impact of the initiatives supported by the grant. This report, at minimum, shall include: (a) Grant recipients and the amount awarded to each; (b) How the funding was used; (c) What outcomes and objectives were achieved.
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10. Upon order of the Director of Finance, up to 5 percent of the amount appropriated in Schedule (1) shall be transferred to Schedule (1) of Item 5227-001-0001 for costs to administer the grant program. Funds transferred pursuant to this provision are available for encumbrance or expenditure until June 30, 2027.
11. Any unspent funds identified in Schedule (1) shall revert to the General Fund as of June 30, 2027.
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Applicants must complete a Project Work Plan. This Project Work Plan identifies measurable goals and objectives, process and outcome measures, activities and services, responsible parties for those activities and services, data sources and estimated timelines. Completed plans should (1) identify the project’s top goals and objectives; (2) identify how the goal(s) will be achieved in terms of the activities, responsible staff/partners, and start and end dates, process and outcome measures; and (3) provide goals and objectives with a clear relationship to the need and intent of the grant. As this grant term is for three (3) years, the Project Work Plan must attempt to identify activities/services and estimate timelines for the entire grant term. A minimum of one goal and corresponding objectives, process measures, etc. must be identified.
Applicants must use the Project Work Plan provided below. You will be prompted to upload this document to the BSCC-Submittable Application.
(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: > Appendix B: Project Work Plan
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(2) 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: > (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: > #2..
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Appendix C: Glossary of Terms
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.3 Community-Based Organization
For this RFP, a Community-Based Organization is an organization located in the State of California that has been determined by the IRS to have 501(c)(3) status (i.e., nonprofit).
Evaluations (Process and Outcomes)
Process Evaluation4
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:
• Project staff have been recruited, hired, and trained according to the proposal. • Activities/strategies have been implemented on time according to the proposal. • Number of interagency agreements entered into by the program compared to the number planned.
• Number of trainings conducted.
• Number of neighborhood meetings conducted.
Outcome Evaluation5
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:
• Results of pre/post surveys (e.g., changes in the reported confidence/trust in law enforcement among community members).
• Implementation of regular, ongoing community forums where community dialogue takes place.
• 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. 3 Source: National Institute of Health 4 Justice 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 5 Id at pp. 7-8.
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Evidence-based / Promising Practices
Evidence-based practices are programs and strategies that have been found effective at improving outcomes, using rigorous scientific research methods. Programs and strategies may be evidence-based across all populations, or only for particular cultures and identities.
Promising practices are programs and strategies that have shown some positive results and potential for improving outcomes. They may have evidence from use in real-world settings, a strong theoretical framework, and/or expert opinion, but have not been fully replicated in scientific studies. Depending on the level of scientific evidence, these are sometimes referred to as “evidence-informed,” "research-supported," or “emerging” practices.
Financial Audit
A financial audit provides assurances that an organization’s financial statements are free of material misstatement based upon the application of generally accepted accounting principles.
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 program.6 Examples of goal statements:7
• To reduce the number of serious and chronic juvenile offenders. • To divert nonviolent juvenile offenders from state juvenile correctional institutions. • To restore the losses suffered by the victims of crimes.
Objectives are defined by statements of specific, measurable aims of program activities.8 Objectives detail the tasks that must be completed to achieve goals.9 Descriptions of objectives in the proposals should include three elements:10
1. Direction – the expected change or accomplishment (e.g., improve, maintain);
2. Timeframe – when the objective will be achieved; and 6 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 . 7 Id. at p. 4.
8 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. 9 Id.; see supra fn 1. 10 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. #2..
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3. Target Population– who is affected by the objective.
Examples of program objectives:11
• 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.
o To ensure that juvenile offenders carry out all the terms of the mediation agreements they have worked out with their victims by program completion.
Qualitative Data
Data/information that is based on written or spoken narratives. The purpose of qualitative data/information is to explain and gain insight and understanding of events through collection of narrative data/information.
Quantitative Data
Data/information that is based on numbers and mathematical calculations. The purpose of quantitative data is to explain, predict, and/or control events through focused collection of numerical data.
11 Id.
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Appendix D: Grantee Assurance for Non-Governmental Organizations The Organized Retail Theft Prevention Grant Program Request for Proposals (RFP) includes requirements that apply to non-governmental organizations (NGOs)12 providing services with grant funds. Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving funds. The RFP describes these requirements as follows:
Any non-governmental organization that receives Organized Retail Theft Prevention Grant Program funds (as either a subgrantee or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its fiscal agreement with the BSCC or with the Organized Retail Theft Prevention Grant Program grantee;
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 subcontractor fiscal agreement;
• Be registered with the California Secretary of State’s Office, if applicable; • Have a valid Employer Identification Number (EIN) or Taxpayer ID (if sole proprietorship); • Have a valid business license, if applicable;
• Have no outstanding civil judgments or liens;
• 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; and
• Have a physical address within California. (An agent for service of process with a California address is insufficient.)
Completing the NGO Assurance (Following Page)
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 to the BSCC
NOTE: If the name of the contracted party is unknown or if there will be no contracted parties.
Write N/A in the “Name of Contracted Party” field and sign the document. 12 For the purposes of this RFP, NGOs include nonprofit and for-profit community-based organizations, faith-based organizations, evaluators (except government institutions such as universities), grant management companies, and any other non-governmental agency or individual. #2..
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Organized Retail Theft Prevention Grant Program
Non-Governmental Organization Assurances
Name of Applicant:
Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
*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. 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.
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 (Blue Ink Only) DATE
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The Organized Retail Theft Prevention Grant Program encourages collaboration, communication, and innovation to combat organized retail theft. In supporting this approach, proposed projects may have impacts on retailers and local government agencies that prevent projects from operating as intended (e.g., increased law enforcement presence in retail spaces, increased referrals to the District Attorney’s Office, overlapping or duplicative public awareness campaigns, etc.)
To acknowledge any anticipated impacts, each Lead Public Agency is required to:
• Identify each agency agency(ies) that reasonably could be expected to be impacted by this grant project;
• Submit a Letter of Agreement signed by both the Lead Public Agency and the impacted agency agency(ies) that includes the following:
o The name of the Organized Retail Theft Prevention Grant Program project and a brief project description;
o A description of how the Organized Retail Theft Prevention Grant Program project might impact retailers and local government agencies; and o An explanation of how the Lead Public Agency and the impacted agency(ies) will work together to address stated impacts.
Note: If the Lead Public Agency concludes that the Organized Retail Theft Prevention Grant Program project will not impact any other agency agency(ies), the Lead Public Agency must include a letter to that effect.
Appendix E: Local Impact Letter(s)
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If the success of the applicant’s proposed activity, strategy, or program relies on the participation of an outside agency or organization (i.e., an entity other than the applicant or LPA), the applicant must include a Letter of Commitment. Letter(s) of Commitment should reflect that the outside agency or organization is aware of the proposed project, is committed to ensuring the success of the project, their role, and agrees to participate. [To be submitted on letterhead of the OUTSIDE ENTITY]
To: Board of State and Community Corrections
Re: The Organized Retail Theft Prevention Grant Program Date: [must be within 3 months of proposal submission]
This letter is being submitted to document that [NAME OF THE OUTSIDE ENTITY] agrees to partner on the Organized Retail Theft Prevention Grant Program proposal being submitted by [NAME OF APPLICANT].
As a part of this grant, [NAME OF OUTSIDE ENTITY] agrees to [DESCRIBE THE NATURE OF THE PARTNERSHIP, I.E. WHAT THE OUTSIDE ENTITY IS AGREEING TO DO, ETC.].
Signed by,
Name, Title
[must be the Executive Officer, Department Head, or other Authorized Representative of the Outside Entity]
Appendix F: Letter(s) of Commitment
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Proposal Instruction Packet | Page 39
Appendix G: Certification of Compliance with BSCC Polices on Debarment, Fraud, Theft and 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.
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.
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 (Blue Ink Only)
X
DATE
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Proposal Instruction Packet | Page 40
Before grant funds can be reimbursed, a 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., County Board of Supervisors delegating such authority to an Agency head).
Below is assurance language that, at a minimum, must be included in the resolution submitted to the Board of State and Community Corrections.
WHEREAS the (insert name of Local Government) desires to participate in the Organized Retail Theft Prevention Grant Program funded through the State Budget Act and administered by the Board of State and Community Corrections (hereafter referred to as the 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 Local Government) 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: ___________________________________________________ Appendix H: Governing Board Resolution
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
June 12, 2023
Date: May 23, 2023
TO: Safety and Communities
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Parks, Recreation and Neighborhoods Department SUBJECT: First Amendment to the Memorandum of Understanding for the King-Kennedy Memorial Center Board of Directors
CONTACT: Ashley Weaver, Recreation and Neighborhoods Manager, [email protected] , 209-577-5428
DESCRIPTION:
Consider the First Amendment to the Memorandum of Understanding with the King-Kennedy Memorial Center Board of Directors to increase the total financial support from the City by $6,000, from $22,000 to $28,000, and forwarding to Council for approval. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:
This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Quality of Life and Governance and Service Delivery
BACKGROUND:
The King-Kennedy Memorial Center (“Center”) was constructed in 1968 with funding from the United States Department of Housing and Urban Development. In August of 1996, by Resolution No. 96-484, the City and the King-Kennedy Memorial Center Board of Directors (“BOD”) entered into an agreement to provide financial support for community programming and engagement at the Center. This agreement expired in December of 2000. From 2001 to 2018 staff processed individual requests to provide financial assistance in support of the Juneteenth Celebration held at the Center and Dr. Martin Luther King Jr. Park.
In June of 2019, by Resolution No. 2019-255, Council approved the Memorandum of Understanding (“MOU”) outlining the responsibilities and requirements allowing the BOD to utilize the Center to support the community with programming, events and community engagement in West Modesto. In addition to use of the Center, the MOU provided for an annual contribution from the City to financially sponsor community events, including Juneteenth, Thanksgiving Turkey Giveaway, Dr. Martin Luther King Jr. Luncheon and Mother’s Day Brunch. #3..
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Safety and Communities Committee, June 12, 2023
First Amendment to Memorandum Of Understanding with King-Kennedy Memorial Center Board of Directors
DISCUSSION:
The MOU with the BOD provides that the City make annual contributions for community events with a maximum financial contribution of $22,000 over five years. To date, the City has provided $14,000. In May 2023, the BOD met with the staff and requested an increase in City funding due to rising costs of goods and services. During the Finance Committee Budget Workshops held in April, staff proposed increasing the annual contribution. This request was also included in the update of Administrative Directive 3.6, Community & Special Event Sponsorships, which was approved by Council on June 6, 2023.
FISCAL IMPACT:
Funding for this item is included in the Recreation Division operating budget.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the First Amendment to the Memorandum of Understanding with the KingKennedy Memorial Center Board of Directors to increase the total financial support by $6,000, from $22,000 to $28,000 by the City, and forwarding to Council for approval.
Approved by:
Director Laurie A. Smith,
Parks, Recreation and Neighborhoods Director
Joseph P. Lopez, City Manager
Attachments:
1. First Amendment to MOU Agreement
2. MOU Agreement
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2023 FIRST AMENDMENT TO MOU
King-Kennedy Memorial Center Board of Directors, Inc.
1 FIRST AMENDMENT MEMORANDUM OF UNDERSTANDING
THIS FIRST AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING, made and entered into in the City of Modesto, State of California, this ____ day of June 2023, by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the King-Kennedy Memorial Center Board of Directors, Inc., a California non-profit agency, hereinafter referred to as "AGENCY".
R E C I T A L S
WHEREAS, on June 4, 2019, by Resolution No. 2019-255, Council approved the Memorandum of Understanding outlining the responsibilities and requirements allowing the Agency to utilize the King-Kennedy Memorial Center (“Center”) to support the community; and WHEREAS, Exhibit A to the Agreement provides the Outline of Services and Events provided at the Center for the benefit of the community; and WHEREAS, City desires to increase its financial support to the Agency for Agency activities, events and community services.
NOW, THEREFORE, the parties mutually agree as follows:
1. Section 3. COMPENSATION shall be amended to read as follows:
“City will provide financial support to the Agency in an amount not to exceed $4,000 (Four Thousand Dollars) for the first year of this Agreement (“Financial #3..
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2023 FIRST AMENDMENT TO MOU
King-Kennedy Memorial Center Board of Directors, Inc.
2 Support”), and $28,000 (Twenty-Eight Thousand Dollars) for the Term of this Agreement (“Total Financial Support”). Each year thereafter, City may adjust the Financial Support for the succeeding calendar year to account for inflation and other cost of living increases. However, in no event shall the cumulative Financial support paid by the City exceed the Total Financial Support.
Agency shall submit an invoice to the City for the requested amount each calendar year. At such time, Agency shall submit proof of current 501(c)(3) non-profit filing status with the State of California. All payments and reimbursements from the City to the Agency shall be in accordance with the City’s policies and procedures.”
2 Section 4. Obligations of Agency, subsection (b) shall be amended to read:
“Agency shall list the City of Modesto Parks, Recreation and Neighborhoods Department” as co-sponsor on all advertisements, promotional materials, event programs, banners, and other applicable mediums for all Agency programs and activities conducted at the Center or Martin Luther King Jr. Park. 3 Except as modified and amended by this FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING, all other provisions of the MEMORANDUM OF UNDERSTANDING, including all exhibits pertaining thereto, shall remain unchanged and in full force and effect. #3..
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2023 FIRST AMENDMENT TO MOU
King-Kennedy Memorial Center Board of Directors, Inc.
3 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2023-____, adopted by the Council of the City of Modesto on the ____ day of ____________, 2023 and King Kennedy Community Center Board of Directors, Inc. a California non-profit agency, has caused this First Agreement to be duly executed.
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
June 12, 2023
Date: May 15, 2023
TO: Safety and Communities
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Second Amendment to the Agreement for the Operation of the King-Kennedy Memorial Center
CONTACT: Ashley Weaver, Recreation and Neighborhoods Manager, [email protected] , 209-577-5428
DESCRIPTION:
Consider a Second Amendment to the Agreement for the Operation of the King-Kennedy Memorial with the West Modesto Community Collaborative to extend the Agreement for one (1) year, and forwarding to Council for approval. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:
This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Quality of Life and Governance and Service Delivery
BACKGROUND:
The King-Kennedy Memorial Center (“Center”) was constructed in 1968 with funding from the Department of Housing and Urban Development (“HUD”). The City operated, staffed and offered community programming from 1968 until 2008. In 2006, by Resolution No. 2006-317, Council authorized the Parks, Recreation and Neighborhoods Department (“PRND”) to issue a Request for Information (RFI) inviting qualified non-profits to submit “Letters of Interest” to operate the Center. The West Modesto Community Collaborative (“WMCC”) was the only vendor/agency to submit a response. In 2007, by Resolution No. 2007-339, Council authorized PRND to enter negotiations with WMCC for management of the Center. In 2008, by Resolution No. 2008-081, the City of Modesto entered into an agreement with WMCC to manage and operate the Center.
The WMCC provides mental health services, community engagement, after school programming, summer camps, intervention programs and other services information to West Modesto. WMCC also hosts events open to the community for celebrations including Juneteenth. #4..
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Safety and Communities Committee, June 12, 2023
Second Amendment to the Agreement for the Operation of the King-Kennedy Memorial Center
In 2017, PRND staff established criteria for the outside agency operation of the Center and issued Request for Qualifications (RFQ) 1718-PRN-002 to 435 interested parties qualified to operate the Center. The WMCC was the only vendor/agency to submit a response. In 2018, by Resolution No. 2018-303, Council approved the agreement with WMCC to manage and operate the Center.
In 2020, by Resolution No. 2020-079, Council approved the First Amendment to the Agreement to provide access and use of Center outside regular business hours and authorized WMCC to schedule and coordinate Center usage by the King-Kennedy Memorial Center Board of Directors, National Association for the Advancement of Colored People (NAACP) Modesto Stanislaus Branch 1048, and The Women’s Auxiliary, A Modesto Community Connection for community services.
DISCUSSION:
The Agreement with WMCC is set to expire August 8, 2023. Staff is requesting a one (1) year extension to allow time for the preparation of a Request for Proposal (RFP) for operation of the facility. This extension will provide agencies and community groups ample time to submit proposal for Center operations, provide staff enough time to thoroughly vet submissions and provide continuous programming to the surrounding community throughout the process.
This amendment increases WMCC’s monthly rent payment, to the City, by $50 to $1,250 per month for a total of $15,000 for the year, revises the holiday closures to include Juneteenth and Cesar Chavez Day, and affirms WMCC’s authority to schedule and manage community service use of the Center by other groups, organizations and persons outside regular business hours.
FISCAL IMPACT:
This amendment increases the monthly rent, paid by WMCC, by $50, from $1,200 to $1,250 per month and generates $15,000 in annual revenue for the Recreation Division operating budget.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the Second Amendment to the Agreement for the Operation of the KingKennedy Memorial with the West Modesto Community Collaborative to extend the Agreement for one (1) year and forwarding to Council for approval.
Approved by:
Laurie A. Smith,
Parks, Recreation and Neighborhoods Director
Joseph P. Lopez, City Manager
Attachments:
1. Second Amendment to Operations Agreement
2. First Amendment to Operations Agreement
3. Operations Agreement
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Second Amendment to KKMC Operating Agreement
1 SECOND AMENDMENT TO AGREEMENT FOR THE OPERATION OF THE
KING-KENNEDY MEMORIAL CENTER
THIS SECOND AMENDMENT TO THE AGREEMENT, made and
entered into in the City of Modesto, State of California, this ___ day of ______________ 2023, by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the Stanislaus Multi Cultural Community Health Coalition, a California non-profit agency, D.B.A. West Modesto Community Collaborative, hereinafter referred to as "AGENCY".
R E C I T A L S
WHEREAS, on August 8, 2018, by Resolution No. 2018-303, Council approved the Agreement (“AGREEMENT”) for the Operation of the King-Kennedy Memorial Center to operate and provide community service programming at the KingKennedy Memorial Center, hereinafter referred to as “Facility”; and WHEREAS, on February 11, 2020, by Resolution No. 2020-079, Council approve the First Amendment to the Agreement (“FIRST AMENDMENT”) to provide access and use of Facility outside regular business hours, and authorize AGENCY to schedule and coordinate Facility use by King-Kennedy Memorial Center Board of Directors, NAACP Modesto Stanislaus Branch 1048, and The Women’s Auxiliary, A Modesto Community Connection.
WHEREAS, the AGREEMENT is set to expire on August 8, 2023 and AGENCY and CITY desire to extend the AGREEMENT one (1) year to provide time for #4..
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Second Amendment to KKMC Operating Agreement
2 the City to issue a Request for Qualifications for operation of the Facility and amend the AGENCY’s Scope of Services.
NOW, THEREFORE, the parties mutually agree as follows:
1. Section 2. TERM OF AGREEMENT. is amended to read as follows:
“This Agreement shall commence of August 1, 2018 (“Effective Date”) and continue for a period of three (3) years followed by three (3), one-year renewal options for a total length not exceeding six (6) years from Effective Date. The CITY also retains the right to terminate this Agreement, as provided in Section
12.”
2. Section 3. COMPENSATION. is amended to read as follows:
“ AGENCY shall pay to the CITY, for its right to use and operate the FACILITY under this Agreement, the sum of ONE THOUSAND DOLLARS ($1000.00) per month. On each anniversary of the Effective Date, the monthly rent payment shall increase by FIFTY DOLLARS ($50.00) per month, pursuant to the following schedule:
Year 2: $1,050.00 per month
Year 3: $1,100.00 per month
Year 4: $1,150.00 per month
Year 5: $1,200.00 per month
Year 6: $1,250.00 per month
In advance of the first day of each month during the term hereof, these sums shall be payable without notice or demand and without any deduction, #4..
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Second Amendment to KKMC Operating Agreement
3 offset, or abatement in lawful money of the United States to the CITY at the address stated herein for notices or to such other person so such other places as the CITY may designate in writing.”
3. Exhibit D – GENERAL INFORMATION shall be amended to read as follows:
“1. Agency understands and agrees to abide by the Parks, Recreation and Neighborhoods (PRN) Facility Use Rules and Regulations.
2. Agency’s regular business hours shall be as follows:
Monday – Friday 8:00 AM – 5:00 PM
Any change to regular business hours must be approved by City with a minimum of 2 weeks’ notice and public posting.
Agency shall be responsible for the scheduling and management of facility usage by the King-Kennedy Memorial Center Board of Directors, NAACP Modesto Stanislaus Branch 1048, and The Women’s Auxiliary, A Modesto Community Connection. The usage of the facility by these nonprofit organizations will be considered Agency use and will be covered by the Agency’s insurance and staffed and secured by Agency personnel.
Agency use of the facility outside normal operating hours for their own purposes, will be permitted for the conducting of Community Services only. All such usage by the Agency shall be covered by Agency’s insurance and staffed and secured by Agency personnel.
Agency shall be responsible for the scheduling and management of all facility usage outside normal operating hours by all other person(s) or organizations. All such usage shall be insured by Agency or by user and staffed and secured by Agency personnel.
Agency shall allow City usage of the facility outside normal operating hours for City Functions.
Agency shall submit hours for Community Service programs to City Representative on a quarterly basis. Agency shall post for public display and perform outreach activities for Community Services at the Facility and provide, at a minimum, program marketing publications detailing programs, services, events, and hours of operations. Agency may, be shall not be limited to, listing activities on Agency website. #4..
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Second Amendment to KKMC Operating Agreement
4 3. City reserves the right to sublease any or part of the Facility. Prior to the execution of a sublease, the City agrees to meet with Agency and a prospective lessee to coordinate activities as the facility. If the sublease results in a reduction of program space available to Agency, City and Agency shall meet to discuss whether this Agreement should be amended to provide for an adjustment of a proportional reduction in the minimum Community Services programmatic requirements imposed by this Agreement. An adjustment shall be set forth in writing and signed by the City and Agency. City Manager, or his designee, or, if applicable, City Council approval, shall be required to approve reductions in the required Community Services Program. At City’s sole discretion, City may approve or request requests form Agency to sublease a portion of the Facility.
4. Agency shall not be required to provide services at the Facility on City holidays and other holidays as listed below:
New Year’s Day
Martin Luther King Day
President’s Day
Memorial Day
Cesar Chavez Day
Juneteenth
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
Agency shall have the right to close the facility during regular business hours as needed.
5. Agency shall cooperate with City in the conduct of any evaluation of Agency’s services. Agency recognizes and agrees that an evaluation of the Agency’s services may be completed after the expiration of the term of this Agreement.
6. Agency will provide reports to the City on the due dates specified in EXHIBIT B. The reports shall be provided in a format specified by city and contain performance measurement results, workload data, budget expense and revenue data, and adequate narration to describe and support measurement data. The City will provide the reporting templates to Agency.”
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Second Amendment to KKMC Operating Agreement
5 4. Except as modified and amended by this SECOND AMENDMENT to AGREEMENT, all other provisions of the AGREEMENT and the FIRST AMENDMENT, including all exhibits pertaining thereto, shall remain unchanged and in full force and effect.
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Second Amendment to KKMC Operating Agreement
6 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal
corporation, has authorized the execution of this Second Amendment to Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2023-____, adopted by the Council of the City of Modesto on the ____ day of ____________, 2023 and West Modesto Community Collaborative, has caused this Second Amendment to Agreement to be duly executed.
Signatures on Following Page
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
June 12, 2023
Date: May 31, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia- Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Vacant Building Modesto Municipal Code Amendment CONTACT: Oscar Diaz, Chief Building Official [email protected], 209-571-5885 DESCRIPTION:
Consider an Ordinance amending Section 9-9.606(d) of Title 9 “Building Regulations”, Chapter 9, “Property Maintenance Code,” Article 6, “Vacant and Boarded Buildings” of the Modesto Municipal Code, to add subsections 5,6,7 and 8 to enhance maintenance and security of vacant buildings and establishing a tiered fee schedule for the registration of vacant commercial buildings and forwarding to Council for approval. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:
The subject ordinance is consistent with Modesto City Council’s Strategic Commitment: Goal B, “Invest in Beautification Efforts”, Strategy 1 Evaluate the City’s property maintenance and nuisance abatement codes as well as the code compliance process by striving to ensure that vacant buildings do not become blighted and neglected thereby discouraging economic development.
BACKGROUND:
In May of 2009, the City of Modesto adopted Article 6, Vacant and Boarded Buildings, of Chapter 9, Property Maintenance Code, to support the upkeep and expectations of the community to avoid tagging, theft, and fire damage contributing to blight conditions for surrounding properties. The current requirements were added by Ordinance No. 3512 and became effective June 12, 2009; however, there have been several recent incidents where vacant commercial buildings were not maintained and secured by the property owner and the buildings became attractive to criminals. Subsequently, those buildings suffered from tagging, theft, and fire damage contributing to blight conditions for the surrounding properties. The Neighborhood Preservation Unit has limited resources and cannot provide the staff to continuously monitor vacant buildings on behalf of building owners. The current registration fee provides two annual inspections. There are 21 residential buildings and no commercial buildings #6..
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Safety and Communities, June 12, 2023
Vacant Building Modesto Municipal Code Amendment
registered in the program at this time. The registration fees offset the costs of the inspections conducted by the Neighborhood Preservation Unit.
DISCUSSION:
Without proper attention and maintenance, vacant buildings can be a major cause and source of crime and blight in both residential and nonresidential neighborhoods. In addition, vacant buildings which are unkempt and vacant for long periods of time, discourage economic development and depreciate property values. These vacant buildings can often be an attractive target for tagging, trespassing, and unlawful camping due to a lack of oversight and attention.
When there are emergencies such as fires, vehicle impacts, or break-ins at vacant properties, it is often difficult to identify or contact a property owner or other responsible party to take corrective action.
Staff researched ordinances adopted by other jurisdictions in the region: San Francisco, Stockton, Elk Grove, Fresno, and City of Sacramento. Many of the ordinances were similar to Modesto’s ordinance; however, most of the cities included the requirements for signage and alarm systems in case of emergencies.
City staff also collaborated with representatives from several local commercial real estate firms and commercial property owners to assist in shaping an updated City ordinance.
Representatives were generally in favor of the amendment since it provides better security, and it makes emergency contact information readily available to first responders. Representatives had some reservations about the proposed amendment to the fee structure in the proposed amendment. Some wanted a higher flat fee for all properties regardless of whether the property was highly visible or not. Others were against any fee at all. It was shared with the representatives that the fee will be prorated quarterly and could be refunded if the building became occupied after the annual registration fee was paid. Based on the feedback about the cost of the program, the number of proposed periodic inspections by City staff and therefore the registration fee has been reduced. One representative had concerns about requiring too much information on building signs, so the ordinance was revised to not require the property owner’s address to be posted on the building frontage.
To address the issues stemming from vacant commercial buildings, staff is proposing amendments to the vacant building code which will require conducting timely and sufficient inspections so that dangerous activities can be discovered and promptly avoided and/or abated.
Posting emergency contact information will be required on the exterior of the building so that emergency personnel can quickly ascertain who to reach in the case of an emergency. To discourage trespassing, signs will need to be displayed along property frontage and a security system will be required to be installed and maintained to prevent unlawful entries into the building thereby alerting a building owner, property manager, and/or security company.
The Neighborhood Preservation Unit (NPU) has the system in place to accept vacant building registrations online or in person. The current vacant building registration fee for all vacant buildings is currently set at $238 annually through the 2022-2023 Development Fee Schedule.
The fee was adopted on May 5, 2009, by Ordinance No. 3512 after the recession when hundreds of single-family dwellings were left empty due to foreclosure. At that time, it was determined that NPU officers would inspect residential buildings twice per year at a cost of $119 per inspection and $238 annually. Vacant and blighted commercial buildings have a more significant impact based on the number of citizens that drive by daily. Therefore, the proposed #6..
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Safety and Communities, June 12, 2023
Vacant Building Modesto Municipal Code Amendment
fee structure for vacant commercial buildings is based on the designation of the road facility that the building is adjacent to as defined in Chapter V of the City of Modesto’s General Plan1.
As proposed, the recommended amendments do not limit the City’s ability to enforce blighted commercial buildings, but instead create a partnership with commercial building owners to fund code enforcement officers to assist in monitoring their building for compliance.
Vacant building owners often rely on the Neighborhood Preservation Unit to conduct periodic inspections of their property because the owner is located outside of the region. Since code enforcement is funded through the General Fund, this places the burden of managing the property on the citizens of Modesto rather than the building owner. Currently, code enforcement’s only method of recovering funds for staff time is through civil penalties. Civil penalties can only occur when there are code violations such as tagging, unmaintained landscaping, and junk or debris. If there are civil penalties, Modesto’s image has already suffered. When faced with civil penalties, building owners often appeal them based on the rationalization that the owner cleans up the property when the Neighborhood Preservation Unit notifies them. In practical terms, the City becomes the property agent for the building owner. To address the burden on the General Plan, the annual registration fee will be revised to a tiered structure for commercial buildings.
The General Plan Master Environmental Impact Report provides the road capacity for each road classification in Modesto. Larger capacity streets have more daily vehicle trips. Buildings on larger streets are more visible and when they are blighted, they have a greater impact on Modesto’s image. Acknowledging that vacant commercial buildings require monitoring by NPU staff, and that buildings on busier streets have a more significant visual impact on the number of citizens impacted by vacant buildings, the below fee structure establishes a vacant commercial building registration fee structure based on the road classification that the building fronts on.
This ensures that the monitoring of vacant commercial buildings is not funded by Modesto taxpayers. The road classification determines the number of annual inspections required. The more annual inspections needed, the higher the fee, as noted in the table below.
Facility Designation Hourly
Capacity
Annual
Inspections
Cost Per
Inspection Annual Fee
Freeway (Fronting or Backing) 2,000 26 $119 $3,094
Expressway 1,250 13 $119 $1,547
Principal Arterial 850 7 $119 $833
Minor Arterial 750 7 $119 $833
Major Collector 700 4 $119 $476
Downtown Collector 700 4 $119 $476
Minor Collector 650 4 $119 $476
Registration fees are paid annually but can be prorated on a quarterly basis. If a vacant building becomes occupied, the property owner can request a refund for any unused fees. The existing ordinance allows property owners to apply for a waiver if the fee would impose an economic hardship or would hinder the rehabilitation of the building. #6..
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Safety and Communities, June 12, 2023
Vacant Building Modesto Municipal Code Amendment
FISCAL IMPACT:
We anticipate the program will generate $16,660 in revenue per year. One additional Code Enforcement Officer position will be requested related to the vacant property program. The position will be partially funded by the $16,660 in revenue and is included as part of this item as an amendment to the position allocation for Fiscal Year 2022-23 and will require Council approval.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending considering an Ordinance amending Section 9-9.606(d) of Title 9 “Building Regulations”, Chapter 9, “Property Maintenance Code,” Article 6, “Vacant and Boarded Buildings” of the Modesto Municipal Code, to add subsections 5,6,7 and 8 to enhance maintenance and security of vacant buildings and forwarding to Council for approval.
Motion recommending establishing a tiered fee schedule for the registration of vacant commercial buildings and forwarding to Council for approval.
Approved by:
Jessica Hill, Interim Director of Community and
Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Proposed Modesto Municipal Code Amendment
2. Redline Modesto Municipal Code Section 9-9.6
General Plan MEIR: https://www.modestogov.com/DocumentCenter/View/15055/EIR-14-001- DOC-Traffic-Analysis-Memo-6-9-17-PDF
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Article 6. - Vacant and Boarded Buildings
9-9.601 - Boarded Buildings; Declaration of Purpose.
Boarded buildings are a major cause and source of crime and blight in both residential and nonresidential neighborhoods. In addition, vacant buildings which are boarded and unkempt, and which are vacant for long periods of time, discourage economic development and retard appreciation of property values.
(Added by Ord. 3512-C.S., § 2, effective 6-12-09)
9-9.602 - Vacant Building; Defined.
For the purposes of this chapter, the term "vacant building" means an unoccupied or an illegally occupied structure or an occupied structure without adequate facilities/utilities. (Added by Ord. 3512-C.S., § 2, effective 6-12-09)
9-9.603 - Boarded Building—Defined.
For the purposes of this chapter, the term "boarded building" means an unoccupied building some or all of whose doors and windows and other openings have been covered with plywood or other approved material for the purpose of preventing entry into the building. (Added by Ord. 3512-C.S., § 2, effective 6-12-09)
9-9.604 - Violation.
Every owner or responsible person shall maintain their vacant or boarded building in accordance with all of the requirements set forth herein. Failure to do so constitutes a violation of this Code and is a public nuisance.
(Added by Ord. 3512-C.S., § 2, effective 6-12-09)
9-9.605 - Method of Boarding Painting.
All windows, doors and openings shall be secured as per the board-up specifications maintained by the City of Modesto. All wood must be painted to match the paint on the property. If the property is multicolor, the paint should match the predominant color on that wall. (Added by Ord. 3512-C.S., § 2, effective 6-12-09)
9-9.606 Boarded or Vacant Building; Time Period Maintenance.
No responsible party shall allow a building to stand vacant for more than sixty (60) days, unless one of the following applies:
(a) The building is the subject of an active building permit and the owner is progressing diligently to repair the premises for occupancy;
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(b) The building meets all applicable codes in existence at either the time of its construction or at the time of its alteration or modification and is actively being offered for sale, lease, or rent;
(c) The building is being maintained in a safe and orderly manner and does not contribute to blight conditions;
(d) Maintenance in a safe and orderly manner shall include:
(1) Maintenance of any landscaping and plant materials in good condition, (2) Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition,
(3) Regular removal of all exterior trash, debris and graffiti, and (4) Maintenance of the building in continuing compliance with all applicable codes and regulations.
(5) Posting of a sign no smaller than 18 by 24 inches on the front of the exterior building or structure so it is legible from the public-right-of-way, with the following information:
(i) name and twenty-four-hour contact telephone number and address of the owner, responsible party, or property management company; and (ii) the statement that “THIS PROPERTY IS MANAGED BY” with the appropriate name inserted and “TO REPORT PROBLEMS OR CONCERNS CALL” with the twenty-four-hour telephone number listed. The sign shall be constructed and printed with weather resistant materials.
(6) Installing and maintaining in good working order, a security system such that breaches of any doors or windows, or the presence of intruders, alert the property owner, a property manager, and/or a security company, so that intruders may be removed.
(7) Posting a minimum of one “No Trespassing” sign in accordance with the Modesto Police Department sign and size requirements. Signs must be displayed along property frontage and visible to the public. The sign must be no smaller than 17 by 22 inches in size, with lettering no smaller than 1 inch in height. (8) Conducting sufficient inspections so that the presence of intruders or illegal and / or dangerous activities in the building may be discovered, so that appropriate remedial action can be taken to terminate the illegal and / or dangerous activities.
9-9.607 - Vacant Building Monitoring Fee.
(a)Fee Imposed. There is hereby imposed upon every owner of a vacant building an annual vacant building monitoring fee in an amount to be set by resolution of the City Council. The fee #6..
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shall not exceed the estimated reasonable cost of monitoring the vacant building. The fee shall be payable as to any building, residential or nonresidential, which:
(1)Is boarded up by voluntary action of the owner or as the result of enforcement activities by the City; or
(2)Is vacant for more than sixty (60) days for any reason. (b)Fee Waiver. The vacant building monitoring fee may be waived by the Director upon a showing by the owner that:
(1)The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy;
(2)The building meets all applicable codes and is actively being offered for sale, lease or rent; or
(3)Imposition of the fee would impose a substantial economic hardship on the owner or would hinder the rehabilitation of the building.
(c)Procedure.
(1)The vacant building monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the County Assessor.
(2)Any owner billed may apply for a waiver on the grounds set forth in subsection (b) of this section by submitting a written statement of the grounds for the waiver, and the owner's daytime telephone number, to the Director within thirty (30) days after the billing is mailed to the owner. The Director shall review the written statement and may contact the owner to discuss the application for waiver. The Director shall prepare a written decision which shall be mailed to the owner.
(3)Any owner who disagrees with the decision of the Director may submit a written notice of appeal to the Director within thirty (30) days of receipt of the decision. Failure to timely appeal the decision of the Director relating to a denial of a waiver constitutes a waiver of all rights to an administrative hearing and determination of the matter subject only to review pursuant to Section 1094.5 of the California Code of Civil Procedure. (4)If the fee is not paid within sixty (60) days after billing, or within sixty (60) days after the decision of the Director or after the decision upon appeal by the owner becomes final, the fee may be specially assessed against the property involved and made a personal obligation of the owner. If the fee is to be specially assessed against the property, a hearing officer, as designated by the City Manager, shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment. (5)The designated hearing officer may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee. #6..
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ORDINANCE NO. _____-C.S.
ORDINANCE AMENDING SECTION 9-9.606(D) OF TITLE 9 “BUILDING REGULATIONS”, CHAPTER 9, “PROPERTY MAINTENANCE CODE,” ARTICLE 6, “VACANT AND BOARDED BUILDINGS” OF THE MODESTO MUNICIPAL CODE, TO ADD SUBSECTIONS 5,6,7 AND 8 TO ENHANCE MAINTENANCE AND
SECURITY OF VACANT BUILDINGS
WHEREAS, vacant and boarded buildings are a major cause and source of crime and blight in both residential and nonresidential neighborhoods; and WHEREAS, vacant buildings which are boarded, unkempt, and kept vacant for long periods of time discourage economic development and harm property values; and WHEREAS, increasing and enforcing maintenance and signage requirements for vacant and boarded buildings may improve conditions of blight caused by vacant and boarded buildings; and
WHEREAS, the City has determined that it is in the public interest and welfare to amend Section 9-9.606(d) of Title 9, Chapter 9, Article 6 of the Modesto Municipal Code.
NOW, THEREFORE, the City Council of the City of Modesto does ordain as follows:
SECTION 1. FINDINGS
The City Council of the City of Modesto finds that all of the above Recitals and within this Ordinance are true and correct and incorporated herein by reference.
SECTION 2. AMENDMENT OF MUNICIPAL CODE
1. Section 9-9.606(d) of Title 9, Chapter 9, Article 6 of the City of Modesto Municipal Code is hereby amended to read as follows:
9-9.606 Boarded or Vacant Building; Time Period Maintenance. (d) Maintenance in a safe and orderly manner shall include:
(1) Maintenance of any landscaping and plant materials in good condition, #6..
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(2) Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition,
(3) Regular removal of all exterior trash, debris and graffiti, and (4) Maintenance of the building in continuing compliance with all applicable codes and regulations.
(5) Posting of a sign no smaller than 18 by 24 inches on the front of the exterior building or structure so it is legible from the public-right-of-way, with the following information:
(i) name and twenty-four-hour contact telephone number and address of the owner, responsible party, or property management company; and (ii) the statement that “THIS PROPERTY IS MANAGED BY” with the appropriate name inserted and “TO REPORT PROBLEMS OR CONCERNS CALL” with the twenty-four-hour telephone number listed. The sign shall be constructed and printed with weather resistant materials. (6) Installing and maintaining in good working order, a security system such that breaches of any doors or windows, or the presence of intruders, alert the property owner, a property manager, and/or a security company, so that intruders may be removed.
(7) Posting a minimum of one “No Trespassing” sign in accordance with the Modesto Police Department sign and size requirements. Signs must be displayed along property frontage and visible to the public. The sign must be no smaller than 17 by 22 inches in size, with lettering no smaller than 1 inch in height. (8) Conducting sufficient inspections so that the presence of intruders or illegal and / or dangerous activities in the building may be discovered, so that appropriate remedial action can be taken to terminate the illegal and / or dangerous activities.
SECTION 3. SEVERABILITY.
If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application any other person or circumstance. The City Council or the City of Modesto hereby declares that it would have adopted each section, sentence, clause, or phrase of #6..
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this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of this Ordinance be declared invalid, unenforceable or unconstitutional.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 5. PUBLICATION.
At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in the Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this Ordinance, the date of its introduction and the places where this ordinance is posted.
The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the ____ day of ____________, 2023, by Councilmember __________, who moved its introduction and passage to print, which motion being duly seconded by Councilmember , was upon roll call carried and ordered printed and published by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED: ______________________
SUE ZWAHLEN, Mayor
ATTEST:
BY: ______________________________________
DIANE NAYARES-PEREZ, City Clerk (SEAL)
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APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the ___ day of ________, 2023, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED: __________________________
MAYOR SUE ZWAHLEN
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: _________________, 2023
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
June 12, 2023
May 23, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
William Wong, Director of Utilities
SUBJECT: Upcoming Real Time Crime Center Construction Project CONTACT: Jessica Smart, Police Administrator, [email protected], 209.572.9500 Cristian Ciotau, Senior Civil Engineer, [email protected], 209.577.5260 DESCRIPTION:
Consider recommending accepting a report on the upcoming Real Time Crime Center Project planned for bidding and construction and forwarding to Council for approval. (Funding Source: American Rescue Plan Act, State Law Enforcement Supplemental Funds, Measure H)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The Modesto Police Department (MPD) implemented a Real Time Crime Center (RTCC) in 2016 to enhance monitoring and real-time support to police and fire field units. This center receives and analyzes surveillance, intelligence, and data from a number of sources in realtime. The RTCC is equipped with a video wall with live feed from the City’s camera networks.
Additionally, in September of 1999, a City/County Consolidated Emergency Dispatch Agency Joint Powers Authority (JPA) known as Stanislaus Regional 9-1-1 (SR911) was formed for processing and dispatching of emergency units/resources. Recent events surrounding public safety have resulted in a challenge by the community to seek alternative response models using enhanced tools and technology to increase the City’s effectiveness. With a need to evaluate potential reformation of emergency responses of this type, it was critical to explore a wide range of innovative 9-1-1 models. To this end, the City of Modesto entered into a professional #7..
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Safety and Communities Committee, June 12, 2023
Upcoming Real Time Crime Center Construction Project
consulting agreement with Mission Critical Partners on March 1, 2022, by Council Resolution No. 2022-107 and committed a significant amount of City resources, to assess and recommend an emergency communications model that would best serve the Modesto community, while integrating the RTCC to provide enhanced operational support to the public safety units responding to emergency calls for service.
DISCUSSION:
In March of 2023, the City of Modesto received notice from the State of California Office of Emergency Services (CalOES) 9-1-1 Emergency Communications Branch that it had been granted the designation of a State funded Primary Public Safety Answering Point (PSAP) as defined by the State of California 9-1-1 Operations Manual, Chapter III, Funding. With this designation, an independent Modesto Police Primary PSAP dispatch center coupled with a Real Time Crime Center will be established at the MPD Administration building, located at 600 10th Street, Modesto. This center will process all law and fire phone calls made within the City of Modesto limits.
With this designation, tenant improvements are needed at 600 10th Street to accommodate moving the Real Time Crime Center to the new location and establishing the primary answering point/public safety dispatch center. These tenant improvements include renovation of the existing area on the first floor of the Police Administration building. The existing equipment room will be enlarged to accommodate the electrical equipment needed for this project. The area will be enclosed on one side by installing a new corridor wall with double doors and windows on each side that will allow access to the area. The existing curved wall adjacent to the lobby will be removed and a new straight wall will be installed to provide additional space for the area and to provide adequate support for the video wall. The public lobby will be enclosed by providing a new double door.
In addition, the existing HVAC ductwork/distribution system will be modified to accommodate the new layout. Another major aspect of this project will be remedying the existing building’s main electrical distribution which will include replacement of the existing automatic transfer switch (ATS). As installed, the ATS is in the middle of the building and operates as the building’s main means of disconnect, making it nearly impossible to maintain. Therefore, the recommendation is to install a new MID service switchboard and ATS with bypass isolation exterior to the MPD’s main building near the existing generator to facilitate removal of the original ATS. Once completed, the building’s electrical reliability will increase, and the system will be able to be properly maintained.
FISCAL IMPACT:
The following CIP Project has been created to track the expenses associated with this effort:
101448 – RTCC Construction
ANTICIPATED CONSTRUCTION EXPENDITURES:
Construction $1,500,000
Construction Contingency (10%) $150,000
Construction Administration – City Staff (10%) $150,000 Engineering/Design/Administration – City Staff $90,000
TOTAL: $1,890,000
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Safety and Communities Committee, June 12, 2023
Upcoming Real Time Crime Center Construction Project
CEQA/NEPA REQUIREMENTS:
Environmental review has been provided through a Categorical Exemption under CEQA Section 15301 (Ex. Facilities) Class1, (a).
STAFF RECOMMENDATION:
Motion recommending accepting a report on the upcoming Real Time Crime Center Construction Project planned for bidding and construction and forwarding to Council for approval.
Approved by:
Brandon Gillespie, Chief of Police
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
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