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04/09/2013CITY OF GRAND TERRACE CITY COUNCIL AGENDA • APRIL 9, 2013 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center • 22795 Barton Road City of Grand Terrace Page 1 Updated 4/4/2013 11:29 AM The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk’s office at (909) 824-6621 at least 48 hours prior to the meeting. If you desire to address the City Council during the meeting, please complete a request to speak form available at the entrance and present it to the City Clerk. Speakers will be called upon by the Mayor at the appropriate time. Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at city hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City’s website at www.cityofgrandterrace.org CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Invocation Pledge of Allegiance Roll Call Attendee Name Present Absent Late Arrived Mayor Walt Stanckiewitz ¨¨¨ Mayor Pro Tem Bernardo Sandoval ¨¨¨ Council Member Darcy McNaboe ¨¨¨ Council Member Jackie Mitchell ¨¨¨ Council Member Sylvia Robles ¨¨¨ 1.ITEMS TO DELETE 2.SPECIAL PRESENTATIONS 3.CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion. A.Waive Full Reading of Full Ordinances on Agenda Agenda Grand Terrace City Council April 9, 2013 City of Grand Terrace Page 2 Updated 4/4/2013 11:29 AM B.Approval of Minutes –Regular Meeting –03/12/2013 C.Approval of Minutes –Special Meeting –03/19/2013 D.Accept Historical and Cultural Activities Committee Minutes of 12-02-2012, 01-14-2013, 02-04-2013 and 03-04-2013 E.Accept Minutes of the Community Emergency Response Team (C.E.R.T.) of 09-04-2012, 10-02-2012, 11-08-2012, 12-04-2012, 01-03-2013 and 02-05-2013. F.Emergency Operations Committee Member Resignation (Johnson) G.Proposed League of California Cities Amendments to Their Bylaws H.Approval of Check Register No. 04-09-2013 4.PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. 5.COUNCIL REPORTS 6.PUBLIC HEARINGS 7.UNFINISHED BUSINESS 8.NEW BUSINESS A.Status Report of the Purchase and Sale Agreement and Escrow Instructions Between the City of Grand Terrace City Council as the Successor Agency of the Community Redevelopment Agency and O'Reilly Automotive Stores, Inc. B.Approval of Professional Consultant Services Agreement with the HdL Companies for Property Tax Consulting/Audit Services C.Appoint Ad Hoc Budget Committee Members 9.CLOSED SESSION ADJOURN The Next Regular City Council Meeting will be held on Tuesday, April 23, 2013 at 6:00 PM. Agenda item requests must be submitted in writing to the City Clerk’s office no later than 14 calendar days preceding the meeting. CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● MARCH 12, 2013 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 Updated 4/4/2013 2:52 PM CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Invocation - Led by Pastor Andy McRae, Azure Hills Seventh-Day Adventist Church Pledge of Allegiance - Led by JoAnn Johnson Attendee Name Title Status Arrived Walt Stanckiewitz Mayor Present Bernardo Sandoval Mayor Pro Tem Present Darcy McNaboe Council Member Present Jackie Mitchell Council Member Present Sylvia Robles Council Member Present Betsy Adams City Manager Present Richard Shields Community Development Director Present Tracey Martinez City Clerk Present Sandra Molina Deputy Community Development Director Present Steve Elam Finance Department Present Cynthia Fortune Finance Manager Present Richard Adams City Attorney Present Manny Mendoza San Bernardino County Sheriff's Department Present Ed Finneran San Bernardino County Sheriff's Department Present Rick McClintock San Bernardino County Fire Department Present 1.ITEMS TO DELETE 2.SPECIAL PRESENTATIONS A.Certificate of Appreciation - Leah Seay - Girl Scout Gold Award The Mayor presented Leah Seay with a certificate of appreciation for the project she completed at the Grand Terrace Child Care Center to earn her Girl Scout Gold Award. Cathy Varela, Director Grand Terrace Child Care Center Gave an overview of the project that Leah completed at the child care center and congratulated her on her accomplishments. 3.B Packet Pg. 3 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 1 2 , 2 0 1 3 9 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council March 12, 2013 City of Grand Terrace Page 2 Updated 4/4/2013 2:52 PM 3.CONSENT CALENDAR RESULT:APPROVED [UNANIMOUS] MOVER:Bernardo Sandoval, Mayor Pro Tem SECONDER:Darcy McNaboe, Council Member AYES:Stanckiewitz, Sandoval, McNaboe, Mitchell, Robles A.Waive Full Reading of Full Ordinances on Agenda D.Approval of Minutes – Special Meeting – 02/23/2013 E.Approval of Minutes – Regular Meeting – 02/26/2013 ITEMS REMOVED FROM THE CONSENT CALENDAR B.Approval of Check Register No. 03-12-2013 RESULT:APPROVED [UNANIMOUS] MOVER:Bernardo Sandoval, Mayor Pro Tem SECONDER:Darcy McNaboe, Council Member AYES:Stanckiewitz, Sandoval, McNaboe, Mitchell, Robles C.Approval of Minutes – Regular Meeting – 02/12/2013 RESULT:ACCEPTED [UNANIMOUS] MOVER:Sylvia Robles, Council Member SECONDER:Darcy McNaboe, Council Member AYES:Stanckiewitz, Sandoval, McNaboe, Mitchell, Robles 4.PUBLIC COMMENT Gregory Young Thanked City Staff for their assistance with the first mobile office day in Grand Terrace. He reminded the community that on the second Monday of each month Congressman Miller will have a representative for the mobile office available at City Hall. He announced that they are holding their tax day preparation event next Tuesday at the Senior Center in San Bernardino. 5.COUNCIL REPORTS Council Member Jackie Mitchell Reported that the Grand Terrace Little League Opening Ceremonies will be held this upcoming weekend and encouraged everyone to come out and enjoy the festivities. She wished everyone a Happy St. Patrick's Day. Council Member Sylvia Robles Gave an update on the Grand Terrace Woman's Club and some of the projects they are working on. She reported that she participated in the Blue Mountain Hike. It is an amenity that is so precious and feels that the City needs to have a Parks and Recreation and Trails Committee that can focus on Blue 3.B Packet Pg. 4 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 1 2 , 2 0 1 3 9 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council March 12, 2013 City of Grand Terrace Page 3 Updated 4/4/2013 2:52 PM Mountain and parks. Reported that California Pizza Kitchen raised $75,000.00 for the families that were affected by the Dorner man-hunt, and that fundraisers continue to take place for these families. Council Member Darcy McNaboe Had the pleasure of attending the Reading Across America at Terrace View Elementary School. She was amazed at all the children sitting there enthusiastic about reading. She met with the Foundation Youth Services Committee and the lady who is wanting to start up the Grand Terrace Recreation Center. There was an opportunity to discuss ways to address the youth programs and needs in the City. She feels that there is going to be an opportunity to do something for the youth in the community that will be educational, as well as fun. She looks forward to future discussions. She also did the Blue Mountain Hike and was happy to see that the Friends of Blue Mountain have been able to continue this event. She saw a lot of community groups out there in support of this event. She looks forward to the day when this is a wilderness park. She had conversations with concerned residents over the weekend with regard to speeding on Palm and Honey Hill, as well as vandalism in the same area. She was also told that golf balls are being hit onto properties in that area that are coming from Palm. She would like to get the area residents together with a Sheriff's Department representative. She asked for some help with the coordination of this meeting. She thanked Cheryl Brown's representative for coming to the meeting and showing an interest in Grand Terrace. Mayor Pro Tem Bernardo Sandoval Reported that the Blue Mountain Walk was a wonderful event. It brought back a lot of great childhood memories. He thanked Cheryl Brown and her office for working on the various issues for Grand Terrace in a very aggressive manner. Mayor Walt Stanckiewitz Participated in the Blue Mountain Walk. He enjoyed the event. It was well planned with many volunteers. He thanked the many groups that helped make the event happen. There were approximately 600 plus participants. He had an opportunity to talk to Congressman Gary Miller and is pleased to see his interest in Grand Terrace as well as Cheryl Brown's interest. Glad to see the mobile office in town. There are a lot of services that they can provide to residents. 6.PUBLIC HEARINGS A.Amend Grand Terrace Municipal Code, Title 8, Chapter 8.04 and 8.108 Bring back the Ordinance for a first reading with the inclusion of the following suggestions: Look at the fees and fines and be certain that we can follow State Law on relevant issues. It was the consensus of the council that the first offense be $100, second offense $250 and third offense $500. To make changes to the language under 8.108.020 C 3 so that it is more general so that the official need not be required to identify words, songs, titles, artists or lyrics or what the actual noise is in order to establish a violation. RESULT:APPROVED [UNANIMOUS] MOVER:Bernardo Sandoval, Mayor Pro Tem SECONDER:Jackie Mitchell, Council Member AYES:Stanckiewitz, Sandoval, McNaboe, Mitchell, Robles Mayor Stanckiewitz Opened the Public Hearing for discussion, there was no discussion from the general public. 3.B Packet Pg. 5 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 1 2 , 2 0 1 3 9 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council March 12, 2013 City of Grand Terrace Page 4 Updated 4/4/2013 2:52 PM 7.UNFINISHED BUSINESS 8.NEW BUSINESS A.Potential Budget Advisory Committee The Council provided the following direction for the Budget Advisory Committee: The Budget Advisory Committee will be an Ad Hoc Committee. There will be no fewer than seven (7) members or no more than eleven (11) with two (2) alternates (It is the desire of the Council to have an odd number of members to avoid a tie vote.) They must reside or own a business in Grand Terrace. The Committee will elect the Chairman of the Committee. The Council will receive a selection list of all of the applicants. Each Council Member will make their selection of who they want the eleven (11) plus two alternate members to be on a list. Those applicant that are picked by at least three (3) Council Members will be appointed to the Ad Hoc Committee. The remaining applicants will be interviewed at a Special Meeting. The following is a list of dates of items related to the Ad Hoc Committee: March 19, 2013 at 6:00 p.m. - Special Meeting establishing Ad Hoc Committee March 21, 2013 Advertise Openings on Ad Hoc Committee March 28, 2013 Deadline for Applications April 9, 2013 First Cut of Applicants April 11, 2013 Interview remaining Applicants 9.CLOSED SESSION ADJOURN The City Council Meeting was adjourned at 7:42 p.m. The Next Regular City Council Meeting will be held on Tuesday, March 26, 2013 at 6:00 PM. _________________________________ Mayor of the City of Grand Terrace _________________________________ City Clerk of the City of Grand Terrace 3.B Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 1 2 , 2 0 1 3 9 : 0 0 P M ( C o n s e n t C a l e n d a r ) CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● MARCH 19, 2013 Council Chambers Special Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 Updated 4/4/2013 2:29 PM CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Pledge of Allegiance - Led by Council Member Jackie Mitchell Attendee Name Title Status Arrived Walt Stanckiewitz Mayor Present Bernardo Sandoval Mayor Pro Tem Present Darcy McNaboe Council Member Present Jackie Mitchell Council Member Present Sylvia Robles Council Member Present Betsy Adams City Manager Present Tracey Martinez City Clerk Present Ivy Tsai Assistant City Attorney Present Cynthia Fortune Finance Manager Present Steve Elam Finance Department Present 1.ITEMS TO DELETE 2.PUBLIC COMMENT 3.UNFINISHED BUSINESS A.Ad Hoc Budget Advisory Committee Adopt a Resolution establishing an Ad hoc Budget Advisory Committee with the recommended changes listed below and approve the application with the addition of the recommended changes listed below: Resolution Changes: The term of the ad hoc committee will be from April 11, 2013 through June 30, 2013. The following language shall be added "Due to the limited term of the Budget Advisory Committee it is expected that all committee members and alternate members will attend all Committee meetings". Application Changes: 1.Can you be objective in your evaluation of tax revenue and non-revenue solutions to the City's budget challenges? 2.What is your understanding of the City's financial situation? The following was also noted: 3.C Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 1 9 , 2 0 1 3 9 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council March 19, 2013 City of Grand Terrace Page 2 Updated 4/4/2013 2:29 PM Members of the Committee will be required to complete a Statement of Economic Interest (Form 700) and provide it to the City Clerk to remain on file as a public record. RESULT:APPROVED [UNANIMOUS] MOVER:Bernardo Sandoval, Mayor Pro Tem SECONDER:Sylvia Robles, Council Member AYES:Stanckiewitz, Sandoval, McNaboe, Mitchell, Robles ADJOURN The meeting was adjourned at 6:30 p.m. The Next Regular City Council Meeting will be held on Tuesday, March 26, 2013 at 6:00 PM. _________________________________ Mayor of the City of Grand Terrace _________________________________ City Clerk of the City of Grand Terrace 3.C Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a r 1 9 , 2 0 1 3 9 : 0 0 P M ( C o n s e n t C a l e n d a r ) HISTORICAL AND CULTURAL ACTIVITIES COMMITTEE Minutes for December 3, 20-1-3 The meeting was called to order at 7:10 PM by Chairperson Pauline Grant. Those present were Pauline Grant, Ann Petta, Masako Gifford, Frances Carter, Shelly Rosenkild, Martha Monteon, and City Clerk Tracy Martinez. Novenibc-_,'•5/ Secretary 's Report: The minutes for Deeembef-8, 2012 were read. Shelly noted that she was not present at the December meeting. The minutes were approved, as corrected, on a motion by Frances and seconded by Masako. All in favor. Motion carried. Treasurer's Report: The budget showed a balance of $758.13, and a petty cash balance is $396.71. Historical Report: Shelly reported that Steve Barton, the Grand Terrace Leos Advisor, stated that the Leos wish to donate their year book to our Committee. New Business: The City 34th Anniversary Potluck Dinner. The Girl Scouts will be the central theme for this year's celebration. The display case has been filled with interesting items connected with scouting. Masako handed an inventory of supplies to each member. Ann will contact Burtec Industries about donating a ham for the dinner. The City will provide the coffee and cake. Francis will purchase supplies for punch and water. Masako gave Pauline $40.00 to purchase the turkey breasts. The meeting was adjourned at 7:55 PM. Respectfully submitted, Pauline Grant, For the Secretary 3.D Packet Pg. 9 Co m m u n i c a t i o n : A c c e p t H i s t o r i c a l a n d C u l t u r a l A c t i v i t i e s C o m m i t t e e M i n u t e s o f 1 2 - 0 2 - 2 0 1 2 , 0 1 - 1 4 - 2 0 1 3 , 0 2 - 0 4 - 2 0 1 3 a n d 0 3 - 0 4 - 2 0 1 3 ( C o n s e n t HISTORICAL AND CULTURAL ACTIVITIES COMMITTEE Minutes for January 14, 2013 The meeting was called to order at 7:10 PM by Chairperson Pauline Grant. Those present were Pauline Grant, Ann Petta, Masako Gifford, Frances Carter, Shelly Rosenkild, Martha Monteon, and City Clerk Tracey Martinez. Der ra-lb-v-- 3, Secretary 's Report: The minutes for January-14, 2013 were read and approved on a motion by Shelly and seconded by Masako. All in favor. Motion carried. Treasurer's Report: The budget showed a balance of $758.13, and a petty cash balance is $396.71. Reimbursements: Frances Carter - $21.10 for punch, ice, water. Shelly Rosenkild - $71.94 for decorations. Ann Petta - $ 12.96 for bread and butter. Insurance for the Anniversary Dinner was $189.37. Old Business: The City 34th Anniversary Potluck Dinner. The Committee agreed that the Anniversary celebration went very well and there was plenty of food enjoyed by all. A leader of the Girl Scouts made an interesting presentation of how the organization of the Girl Scouts of America began and progressed over a period of a hundred years. New Business: Country Fair. The City Attorney provided a waiver for the judges of the food contest to sign. The Committee will review the guidelines at the next meeting. The Committee will make a presentation to the City Council at their next meeting in February. The Committee agreed to hold future meetings at 6:30 pm. The meeting was adjourned at 8:00 PM. Respectfully submitted, Pauline Grant, For the Secretary 3.D Packet Pg. 10 Co m m u n i c a t i o n : A c c e p t H i s t o r i c a l a n d C u l t u r a l A c t i v i t i e s C o m m i t t e e M i n u t e s o f 1 2 - 0 2 - 2 0 1 2 , 0 1 - 1 4 - 2 0 1 3 , 0 2 - 0 4 - 2 0 1 3 a n d 0 3 - 0 4 - 2 0 1 3 ( C o n s e n t HISTORICAL AND CULTURAL ACTIVITIES COMMITTEE Minutes for February 4, 2013 The meeting was called to order at 6:36 PM by Chairperson Pauline Grant. Those present were Pauline Grant, Ann Petta, Masako Gifford, Frances Carter, Shelly Rosenkild, Martha Monteon, and City Clerk Tracey Martinez. Secretary 's Report: The minutes for January 14, 2013 were read and approved on a motion by Frances and seconded by Shelly. All in favor. Motion carried. Treasurer's Report: The budget showed a balance of $631.24, and a petty cash balance of $219.79. Old Business: Tracy will consult with the City Attorney and obtain answers to questions regarding rules for the Country Fair. Art Show - Shelly will get posters and advertisements ready and e-mail the announcements to the City News and Blue Mountain newspapers. Applications for the Art Show will have room for a signature, and artists will have name tags. A sign will be put on the back door saying, "Please sign in." New Business: The City Council requested that the Historical and Cultural Activities Committee make a presentation at the next Council meeting regarding the operations and projects of the Committee. The Committee agreed to hold future meetings at 6:00 PM. The meeting was adjourned at 7:10 PM. Respectfully submitted, PaUline Grant For the Secretary 3.D Packet Pg. 11 Co m m u n i c a t i o n : A c c e p t H i s t o r i c a l a n d C u l t u r a l A c t i v i t i e s C o m m i t t e e M i n u t e s o f 1 2 - 0 2 - 2 0 1 2 , 0 1 - 1 4 - 2 0 1 3 , 0 2 - 0 4 - 2 0 1 3 a n d 0 3 - 0 4 - 2 0 1 3 ( C o n s e n t HISTORICAL AND CULTURAL ACTIVITIES COMMITTEE Minutes for March 4, 2013 The meeting was called to order at 6:00 PM by Chairperson Pauline Grant. Those present were Pauline Grant, Ann Petta, Shelly Rosenkild, Martha Monteon, and City Clerk Tracey Martinez. Secretary 's Report: The minutes for February 4, 2013 were read and approved on a motion by Ann and seconded by Shelly. All in favor. Motion carried. Treasurer's Report: The budget showed a balance of $631.24, and a petty cash balance of $219.79. Old Business: Shelly provided a sample of a new application form for approval. Announcements of the Art Show will be made in the City News and Blue Mountain newspapers. Shelly will also have the posters ready. All applications are due by April 20th. Ann will continue to contact individuals to participate in the Art Show. Artists will be required to sign off before taking their paintings home. Tracey will try to locate the missing sandwich board. Pauline reported that she had made a presentation to the City Council regarding the activities of the Committee throughout the year Answers to requests were discussed and will continue at the next meeting. Pauline will contact the Lions Club about the possibility of using their Community Room for the City Anniversary Dinner in November. A review of the Country Fair will be discussed further at the next meeting. The meeting was adjourned at 7:25 PM Respectfully submitted, Pauline Grant, for the Secretary 3.D Packet Pg. 12 Co m m u n i c a t i o n : A c c e p t H i s t o r i c a l a n d C u l t u r a l A c t i v i t i e s C o m m i t t e e M i n u t e s o f 1 2 - 0 2 - 2 0 1 2 , 0 1 - 1 4 - 2 0 1 3 , 0 2 - 0 4 - 2 0 1 3 a n d 0 3 - 0 4 - 2 0 1 3 ( C o n s e n t CERT EXECUTIVE BOARD MEETING MINUTES September 4, 2012 MEMBERS PRESENT: Tom Roberts, Paul Tickner, Robert Kaplanek, Barbara Smeltzer and Debra Hurst. Guests: Andy McRae, Pastor Azure Hills Church Meeting called to order at 7:00 pm by Tom Roberts. Flag salute was given. Liaison Report City: No Report Liaison Report EOC: James Mejia, EOC Chairperson and Matt Wirz will be attending EOC training on October 4, 2012. James is reviewing the EOC procedures for the city. Motion made by Barbara Smeltzer to approve the minutes for the meeting of August 7, 2012. A second was made by Paul Tickner. Minutes passed by members present. Robert Kaplanek abstained. Treasurers Report was given by Barbara Smeltzer. The total balance at this time is $6,934.58. Barbara Smeltzer and Matt Wirz are working on purchasing guidelines for GT CERT. Still being worked on at the city level and will be distributed shortly. When a purchase is being requested, a list requested items must be sent out for bids for a minimum of three (3) bids. OLD BUSINESS: a.ICS 100 and 700. Encouraged members to take as many on-line classes as possible. b.Inventory Committee Report — Have lists from Simpler Life with prices and a list of items that should be in the trailer. Board will review both lists prior to the next meeting to come up with what is needed and what is not needed and proceed to get the three (3) necessary bids for purchase of said items. Sandra Luckman will send a list of what CERT members should have in their backpack and Debra Hurst will send to team members and to James Mejia to put on CT CERT Web page. c.Paul Tickner is still working on revisions for the Standard Operating Procedures for the CERT Team. First draft should be available for the October 2012 meeting. City Resolution also needs to be amended, but this will follow the SOP's revisions. 3.E Packet Pg. 13 Co m m u n i c a t i o n : A c c e p t M i n u t e s o f t h e C o m m u n i t y E m e r g e n c y R e s p o n s e T e a m ( C . E . R . T . ) o f 0 9 - 0 4 - 2 0 1 2 , 1 0 - 0 2 - 2 0 1 2 , 1 1 - 0 8 - 2 0 1 2 , 1 2 - 0 4 - 2 0 1 2 , 0 1 - d.The duties and responsibilities of the Executive CERT Committee are in the process of being put together. First draft will be available for the October 2012 meeting. e.Recruiting of new members. There is a class starting tonight in Loma Linda. Tom Roberts will call Deb Kreske in Loma Linda to see how many signed up from Grand Terrace. We are also planning an event in October to recruit new members. f.Debra Hurst has made copies of all minutes from the beginning of CERT and other pertinent information and will place in file drawer in the EOC. Will need file cabinet and put into shed for all paperwork and hand-outs for CERT. g.Web Site update. Tom Roberts thanked James Mejia on the GT CERT website and the continuing updates. More links will be on-line shortly. Tom Roberts to send Debra Hurst a spreadsheet on how the city is sectioned off. Section Chiefs can then be selected among the members in each section. h.The library of hand-outs and other items is still being worked on. NEW BUSINESS: a.On August 17, 2012, Randy Halseth towed the CERT trailer to American Metal Recycling on Main Street in Grand Terrace. The enclosed trailer Model #CS816TA7 — Vin # 422Ab16ZXXX003085. The weight is 5,560 pounds. b.Robert Kaplanek — Training officer — stated that we could have fire suppression training at our local fire stations on 9/9/12, 9/22/12 or 10/7/12. Motion made by Debra Hurst with a second from Tom Roberts that training to be scheduled for 9/22/12. Motion passed by board members present. Robert Kaplanek to inform Ed Noble, GT Fire that training will be 9/22/12 at 8:00 am. Discussed inviting Loma Linda CERT. Debra Hurst will call Deb Kreske and invite. c.Training in October is tentatively scheduled for October 27, 2012 at 6:00 pm in the Azure Hills Parking Lot. Pastor McKae will inform us if that will be a good date for him. COMMITTEE REPORTS: a. Terry McGuire is working to set up a city wide informative meeting in October. Terry not in attendance tonight. Will contact and see how he is coming along on that. Any vendors and then need to reserve Community Room and advertise the event. 3.E Packet Pg. 14 Co m m u n i c a t i o n : A c c e p t M i n u t e s o f t h e C o m m u n i t y E m e r g e n c y R e s p o n s e T e a m ( C . E . R . T . ) o f 0 9 - 0 4 - 2 0 1 2 , 1 0 - 0 2 - 2 0 1 2 , 1 1 - 0 8 - 2 0 1 2 , 1 2 - 0 4 - 2 0 1 2 , 0 1 - b.HT Radios will be cataloged and re-distributed to CERT members according to location in the City. Possible Section Chiefs will be given the radios for regular check-ins. c.Recruiting Flyer-Informative Flyer being put together. The next scheduled meeting will be Tuesday, October 2, 2012 at 7:00 pm. There being no further business to discuss, meeting was adjourned at 8:25 pm. Res ct lly submitted, Debra Hurst CERT Secretary. 3.E Packet Pg. 15 Co m m u n i c a t i o n : A c c e p t M i n u t e s o f t h e C o m m u n i t y E m e r g e n c y R e s p o n s e T e a m ( C . E . R . T . ) o f 0 9 - 0 4 - 2 0 1 2 , 1 0 - 0 2 - 2 0 1 2 , 1 1 - 0 8 - 2 0 1 2 , 1 2 - 0 4 - 2 0 1 2 , 0 1 - CERT EXECUTIVE BOARD MEETING MINUTES OCTOBER 2, 2012 MEMBERS PRESENT: Tom Roberts, Paul Tickner, Barbara Smeltzer and Debra Hurst MEMBERS ABSENT: Robert Kaplanek Meeting called to order at 7:02 pm by Tom Roberts. Flag salute was given. Liaison Report from City: Matt Wirz — California Shakeout is scheduled for 10-18-12. You can sign up on line. Liaison Report from EOC: James Mejia is now the chairperson for EOC. He is working along with Vic Pfennighausen to get up to date on the procedures manual for EOC with no current completion date. Motion made by Barbara Smeltzer to approve the minutes for the meeting of September 4, 2012. A second was made by Paul Tickner. Minutes passed by members present. Treasurers' report was given by Barbara Smeltzer. The total balance is $6,934.58. Not reflected in this balance is an expense of $32.39 to Harbor Freight for a trailer hitch. Motion made by Debra Hurst to approve report with a second from Tom Roberts. Treasurer's report accepted by members present. Purchasing procedures are still under review in Finance. Matt Wirz advised we can purchase small items (under $100.00) and wait for re-imbursement. All paperwork must go thru Barbara Smeltzer. OLD BUSINESS: A.Inventory —Table for further discussion on purchasing additional items for the trailer and shed. Debra Hurst made a motion to purchase 36 — 3 way wrenches and 36- goggles to hand out to members who attend upcoming training. Tom Roberts made the second. Motion was approved by board members present. B.CERT Committee Responsibilities —Tom Roberts handed out a draft of Executive Procedures Manual. Will continue to add. C.SOP's Revisions — Paul Tickner will be emailing draft to Tom Roberts. D.Web Site Updates — Tom Roberts sent pictures from Fire Suppression Training to James Mejia. James to see that they get uploaded to Web Site. E. Disaster Preparedness Day Status — Terry McGuire not in attendance. Tom Roberts has talked 3.E Packet Pg. 16 Co m m u n i c a t i o n : A c c e p t M i n u t e s o f t h e C o m m u n i t y E m e r g e n c y R e s p o n s e T e a m ( C . E . R . T . ) o f 0 9 - 0 4 - 2 0 1 2 , 1 0 - 0 2 - 2 0 1 2 , 1 1 - 0 8 - 2 0 1 2 , 1 2 - 0 4 - 2 0 1 2 , 0 1 - with Terry and he is still working on getting vendors for said event. F. CERT Radio Status – Radios have been inventoried. Working on getting paperwork from Finance on which radios are EOC's and which belong to CERT by serial number of radio. NEW BUSINESS: A.Recruiting Flyer—Some of the things the Board wants to do is get more items in the City News. We have an article this week about the Fire Suppression Training. How to be prepared will be a running article giving different tips on a weekly or bi-weekly article. B.Training for October, November and December. Training is scheduled for Thursday, Oct. 27, 2012 at 6:00 pm at Azure Hills. This training will consist of setting up the trailer, lights, generators etc. November training will be November 8, 2012 at 6:00 pm ---Bring your backpack. Executive Board Meeting will follow training. December 8, 2012 at 9:00 am for Radio Training. C.California Shake out – October 18, 2012 --- As a group, we will not be doing anything this year. D.Communication between the Board and the Team members: By email.. E.Equipment Committee – Committee needs to appoint a chairperson to this committee and then team members need to establish an equipment committee and then the committee submits proposals to Board. F.Election Day – Assisting at Polls. ---- No not this year. Would have to coordinate with team members, county election, city and county law enforcement. G.Azure Hills – Saturday Event—Tom Roberts working with Pastor McRae on having CERT trailer at Azure Hills and having the congregation see the trailer and introducing them to CERT. Due to the election being held on the first Tuesday in November, the Executive Board Meeting will be held on November 8, 2012 at 6:00 pm in the Community Room at City Hall. WAITING FOR VERIFICATION FROM TRACEY OR MARI There being no further business to discuss, meeting was adjourned at 9:05 pm. Re pe f ly sLR,itted, e urst CERT Secretary 3.E Packet Pg. 17 Co m m u n i c a t i o n : A c c e p t M i n u t e s o f t h e C o m m u n i t y E m e r g e n c y R e s p o n s e T e a m ( C . E . R . T . ) o f 0 9 - 0 4 - 2 0 1 2 , 1 0 - 0 2 - 2 0 1 2 , 1 1 - 0 8 - 2 0 1 2 , 1 2 - 0 4 - 2 0 1 2 , 0 1 - CERT EXECUTIVE BOARD MEETING MINUTES NOVEMBER 8, 2012 MEMBERS PRESENT: Tom Roberts, Paul Tickner, Barbara Smeltzer and Debra Hurst MEMBERS ABSENT: Robert Kaplanek Meeting called to order at 7:00pm by Tom Roberts. Flag salute was given. Liaison Report from City: None Liaison Report from EOC: None Motion made by Barbara Smeltzer to approve the minutes for the meeting of October 2, 2012. A second was made by Paul Tickner. Minutes passed by members present. Treasurers' report: None. Barbara Smeltzer did not receive any information from Matt to prepare report. OLD BUSINESS: A.Inventory — Approximately $500.00 has been spent for trailer hitch, goggles and tools, this should appear on the next financial statement. B.CERT Committee Responsibilities —Tom Roberts handed out a draft of Executive Procedures Manual. Will continue to add. C.SOP's Revisions — Paul Tickner will be emailing draft to Tom Roberts. NEW BUSINESS: A.Recruiting Flyer—The Board will be submitting information to City News on different ways on how to be prepared in case of emergency. B.Training for December. December 8, 2012 at 9:00am for Radio Training. Training for the beginning of 2013 will include First Aid Training to be given in 2 sessions. New CERT classes to be given in Loma Linda in February 2013. When dates are confirmed, will run information in City News for new Grand Terrace members. Tom Roberts will contact Matt Wirz about "Traffic Training". Possible CPR classes for March. C.Communication between the Board and the Team members will be by email. 3.E Packet Pg. 18 Co m m u n i c a t i o n : A c c e p t M i n u t e s o f t h e C o m m u n i t y E m e r g e n c y R e s p o n s e T e a m ( C . E . R . T . ) o f 0 9 - 0 4 - 2 0 1 2 , 1 0 - 0 2 - 2 0 1 2 , 1 1 - 0 8 - 2 0 1 2 , 1 2 - 0 4 - 2 0 1 2 , 0 1 - D.Community Outreach — Tom Roberts and Paul Tickner has met with the congregation of Azure Hills Church. The members were interested in the program and we may get some new members from the church. The pastor will be meeting with other clergy in the area and pass the information to them to have us come to a service and speak about our program. E.Section Chiefs — Tom Roberts still working on getting section chiefs selected. The next scheduled Executive Board Meeting will be Tuesday, December 4, 2012 at 7:00 pm in the community room at City Hall. There being no further business to discuss, meeting was adjourned at 8:40 pm. Respectfully submitted, airo Debra Hurst CERT Secretary 3.E Packet Pg. 19 Co m m u n i c a t i o n : A c c e p t M i n u t e s o f t h e C o m m u n i t y E m e r g e n c y R e s p o n s e T e a m ( C . E . R . T . ) o f 0 9 - 0 4 - 2 0 1 2 , 1 0 - 0 2 - 2 0 1 2 , 1 1 - 0 8 - 2 0 1 2 , 1 2 - 0 4 - 2 0 1 2 , 0 1 - CERT EXECUTIVE BOARD MEETING MINUTES DECEMBER 4, 2012 MEMBERS PRESENT: Tom Roberts, Paul Tickner, Barbara Smeltzer and Debra Hurst. MEMBERS ABSENT: Robert Kaplanek Meeting was called to order at 7:07 pm by Tom Roberts. Flag salute was given. Introduction of guests: Heather Davie, James Mejia and Vic Pfennighausen. Liaison Report from City: None Liaison Report from EOC: James Mejia may have to give up his leadership of EOC. He will know by the January 2013 meeting. Motion made by Barbara Smeltzer to approve the minutes for the meeting of November 8, 2012. A second was made by Paul Tickner. Minutes passed by members present. Treasurers' report: The total amount is CERT account is $6,399.08 as of 12/03/12. Motion made by Paul Tickner to approve the financial report with a second by Tom Roberts. Motion passed by members present. OLD BUSINESS: Motion was made to use the existing supplies that are stored in the trailer and shed for training purposes and handing out some supplies to members in attendance for the trainings. A purchase order will then be submitted for replacement of said items. Fire extinguishers to be re-filled and Tom to talk to Matt Wirz to have said extinguishers inspected on a yearly basis. Paul Tickner is still working on the changes to SOP's. NEW BUSINESS: On the recruiting flyer, Paul to put on jpeg and send it to James Mejia to put on web site. Training for 2013 — Jan. and Feb. will be basic first aid. March- Tom to talk to Matt Wirz to try to set up JPIA training for traffic training. Tom to try to set up CPR training for either Feb. or March. The community outreach will start back up in January 2013. 3.E Packet Pg. 20 Co m m u n i c a t i o n : A c c e p t M i n u t e s o f t h e C o m m u n i t y E m e r g e n c y R e s p o n s e T e a m ( C . E . R . T . ) o f 0 9 - 0 4 - 2 0 1 2 , 1 0 - 0 2 - 2 0 1 2 , 1 1 - 0 8 - 2 0 1 2 , 1 2 - 0 4 - 2 0 1 2 , 0 1 - The Section Chiefs — City map with where CERT member resides will be sent to James Mejia to put on the web. The members can then meet within their sections and choose a Section Chief. The next CERT Executive Board Meeting will be on Thursday, January 3, 2013 at 7:00 pm in the Community Room at City Hall. There being no further business to discuss the meeting was adjourned at 8:35 pm. Respectively submitted, Debra Hurst CERT Secretary 3.E Packet Pg. 21 Co m m u n i c a t i o n : A c c e p t M i n u t e s o f t h e C o m m u n i t y E m e r g e n c y R e s p o n s e T e a m ( C . E . R . T . ) o f 0 9 - 0 4 - 2 0 1 2 , 1 0 - 0 2 - 2 0 1 2 , 1 1 - 0 8 - 2 0 1 2 , 1 2 - 0 4 - 2 0 1 2 , 0 1 - CERT EXECUTIVE COMMITTEE MINUTES JANUARY 3, 2013 Members Present: Tom Roberts, Paul Tickner, Barbara Smeltzer and Debra Hurst. Member Absent: Robert Kaplanek Meeting called to order at 7:00 by Commander Tom Roberts. Flag salute was given. Guests present: Joe Boreilli No Liaison Report from EOC or City. Motion made by Paul Tickner to approve the minutes of November 8, 2012 with a second by Barbara Smeltzer. Minutes passed by members present. Treasurers Report given by Barbara Smeltzer with a combined balance of $6,399.08. Motion made by Debra Hurst to approve the treasurer's report with a second by Tom Roberts. Motion passed by members present. OLD BUSINESS: A.Inventory — Will need to assess items used in February training and re-supply trailer with items used. B.SOP's Revisions — Paul Tickner will email document to Executive Committee to review prior to February meeting. Committee to review and bring suggestions to meeting. NEW BUSINESS: A.Recruiting Flyer — Post items in City News about CERT and news items about what families should do to be prepared in case of an emergency. B.Training for 2013. — There will be a new training class in Loma Linda in February or March. When the dates have been confirmed, will post information in City News and encourage residents to attend. Training for current CERT members in January will be in 3.E Packet Pg. 22 Co m m u n i c a t i o n : A c c e p t M i n u t e s o f t h e C o m m u n i t y E m e r g e n c y R e s p o n s e T e a m ( C . E . R . T . ) o f 0 9 - 0 4 - 2 0 1 2 , 1 0 - 0 2 - 2 0 1 2 , 1 1 - 0 8 - 2 0 1 2 , 1 2 - 0 4 - 2 0 1 2 , 0 1 - First Aid- Part 1. The training will be on January 24 th, 2013 at 7:00 pm in the Community Room at City Hall. Debra Hurst will confirm that room is available and send email to current CERT members. Training in February will be First Aid-Part II. Date TBA. Tom Roberts is working on getting a CPR class set up for current CERT members. He is also working with Matt Wirz to set up some training from JPIA for traffic control. C.Community Outreach — Will be contacting the various churches in the area to present our committee to their membership. Also by putting articles in the two local papers to encourage people to join. D.Section Chiefs — Table until February meeting. E.Walk up Blue Mountain — Scheduled for Sunday, March 10, 2013. Debra Hurst will send email out to Team members for volunteers to be stationed along the way and distribute water. A motion was made to purchase bottled water not to exceed $50.00 by Tom Roberts with a second by Paul Tickner. Motion passed by members present. F.Radio Purchase — After some discussion about the amount of radios that is needed for CERT at this time a motion was made by Paul Tickner to purchase 3 radios and 6 chargers with a 2 nd by Tom Roberts. Cost not to exceed $1,500.00. Tom Roberts, Paul Tickner and Debra Hurst voted to pass motion. Barbara Smeltzer voted not to pass motion. Robert Kaplanek not present. Motion passed by majority of executive members present. Committee Reports — None Member Reports — None Next CERT EXECUTIVE Meeting — February 5, 2013 at 7:00 pm Community Room- City Hall. Meeting-,adjourned at 7:50 pm. / 3.E Packet Pg. 23 Co m m u n i c a t i o n : A c c e p t M i n u t e s o f t h e C o m m u n i t y E m e r g e n c y R e s p o n s e T e a m ( C . E . R . T . ) o f 0 9 - 0 4 - 2 0 1 2 , 1 0 - 0 2 - 2 0 1 2 , 1 1 - 0 8 - 2 0 1 2 , 1 2 - 0 4 - 2 0 1 2 , 0 1 - CERT EXECUTIVE BOARD MEETING MINUTES FEBRUARY 5, 2013 MEMBERS PRESENT: Tom Roberts, Paul Tickner, Barbara Smeltzer and Debra Hurst MEMBERS ABSENT: Robert Kaplanek Guests present: Matt Wirz, James Mejia and Hanni Bennett Meeting called to order at 7:00 pm by Tom Roberts Flag salute was given. Liaison Report from City: Matt Wirz reported that JPIA would be doing training in the area and to see who would like to take the training from CERT. Debra Hurst to send email to CERT members to get a list of possible attendees. Motion was made by Barbara Smeltzer to approve for the minutes of January 3, 2013. A second was made by Paul Tickner. Minutes approved by members present. Treasurer's report. Current balance is $6,399.08. Tom Roberts made a motion to approve the treasurer's report with a second by Debra Hurst. Motion passed by members present. OLD BUSINESS: a.Still working on inventory and possible future purchases for the CERT group. Fire extinguishers that have been used are scheduled to be re-filled and all to be inspected and tagged. b.SOP revisions given to members present to work on for the next meeting. NEW BUSINESS: a.Recruiting flyer — Paul has a sample prepared and he will send to Tom. b.Hands on training is set up for February 16, 2013 from 9am till noon in the Community Room at City Hall. Paul Tickner doing the training for First Aid Training. c. Community Outreach — Over the next several months, we will be getting a hold of many of the churches in the area to see about getting more CERT members in our group. 3.E Packet Pg. 24 Co m m u n i c a t i o n : A c c e p t M i n u t e s o f t h e C o m m u n i t y E m e r g e n c y R e s p o n s e T e a m ( C . E . R . T . ) o f 0 9 - 0 4 - 2 0 1 2 , 1 0 - 0 2 - 2 0 1 2 , 1 1 - 0 8 - 2 0 1 2 , 1 2 - 0 4 - 2 0 1 2 , 0 1 - d.Section Chiefs — to be put on hold until a later date. e.Walk up Blue Mountain — March 10, 2013. The walk is scheduled for Sunday, March 10, 2013. Several people have signed up to help and Debra Hurst will send out another email to CERT team members for additional participation. Committee Reports — None Member Reports — None The next scheduled Executive Board Meeting will be March 5, 2013 at 7:00 pm in the community room at City Hall. There being no further business to discuss, meeting was adjourned at 8:12 pm. Respectfully submitted, (X4 4Y4t15-<‘— Debra Hurst CERT Secretary 3.E Packet Pg. 25 Co m m u n i c a t i o n : A c c e p t M i n u t e s o f t h e C o m m u n i t y E m e r g e n c y R e s p o n s e T e a m ( C . E . R . T . ) o f 0 9 - 0 4 - 2 0 1 2 , 1 0 - 0 2 - 2 0 1 2 , 1 1 - 0 8 - 2 0 1 2 , 1 2 - 0 4 - 2 0 1 2 , 0 1 - AGENDA REPORT MEETING DATE:April 9, 2013 Council Item TITLE:Emergency Operations Committee Member Resignation (Johnson) PRESENTED BY:Tracey Martinez, City Clerk RECOMMENDATION:Accept the Letter of Resignation of Emergency Operations Committee Member JoAnn Johnson, direct Staff to send a letter of regret and direct the City Clerk to post a Notice of Vacancy. BACKGROUND: JoAnn Johnson was appointed to serve as a regular member of the Emergency Operations Committee on April 13, 2000 and was re-appointed four times with the last reappointment on June 26, 2012 by the City Council with a term continuing to June 30, 2016. DISCUSSION: On March 23, 2013, the City Clerk received an email from Ms. Johnson indicating that she is no longer able to serve on the Emergency Operations Committee. The email is attached for your review. With the resignation of Ms. Johnson, the Emergency Operations Committee will have three regular member vacancies and two alternate positions vacant. After acceptance of Ms. Johnson's resignation, staff will post a notice of vacancy pursuant to Government Code Section 54974, prepare a letter of regret and begin accepting applications from residents who may wish to serve on the Committee. FISCAL IMPACT: There is no fiscal impact to the City. ATTACHMENTS: ·Resignation Email -JoAnn Johnson APPROVALS: Tracey Martinez Completed 04/04/2013 8:48 AM Finance Completed 04/04/2013 9:53 AM City Attorney Completed 04/04/2013 1:36 PM City Manager Completed 04/04/2013 1:46 PM City Council Pending 3.F Packet Pg. 26 3.F.a Packet Pg. 27 At t a c h m e n t : R e s i g n a t i o n E m a i l - J o A n n J o h n s o n ( 1 2 4 6 : E m e r g e n c y O p e r a t i o n s C o m m i t t e e M e m b e r R e s i g n a t i o n - J o A n n J o h n s o n ) AGENDA REPORT MEETING DATE:April 9, 2013 Council Item TITLE:Proposed League of California Cities Amendments to Their Bylaws PRESENTED BY:Tracey Martinez, City Clerk RECOMMENDATION:Consider the proposed League of California Cities Bylaw Amendments BACKGROUND: The City received a letter from the League of California Cities indicating that the Board of Directors, at their meeting in February, approved submitting two amendments to the League's Bylaws to the membership. As provided in the League's Bylaws, the Board of Directors has submitted the proposed amendments to the membership for approval by mail ballot. DISCUSSION: The following are the proposed amendments of the Bylaws as presented to the membership: 1.Resolutions submitted to the League for presentation to the General Assembly must be concurred in by at least five or more cities or by city officials from at least five or more cities. 2.The League Board may take a position on a statewide ballot measure by a 2/3rd vote of those directors present. Currently, the Board may take positions with a simple majority vote. The purpose of the first amendment is to encourage members to seek concurrence of other cities and city officials that the subject of a proposed resolution is a substantial one and of broad interest and importance to cities. The purpose of the second amendment is to ensure that when the Board considers a position on possibly controversial statewide ballot measures, the Board's ultimate decision represents a broad consensus of the Directors. Attachment 1 is the proposed Resolution that includes the language of the amendments. For the amendments to be approved, the Bylaws require that each amendment must receive a 2/3rd vote of those members voting. Attachment 2 are the League of California Cities Bylaws for Council's review. Attachment 3 is the Mail Ballot provided by the League of California. Staff recommends that Council review the proposed amendments to the Bylaws as presented by the Board. If it is the Council's desire to support the amendments, it is 3.G Packet Pg. 28 staff's recommendation that the Council authorize the Mayor to complete the mail ballot and sign on behalf of Grand Terrace and direct the City Clerk to submit the ballot no later than April 19, 2013. FISCAL IMPACT: There is no fiscal impact with this action. ATTACHMENTS: ·Attachment 1 ·Attachment 2 ·Attachment 3 APPROVALS: Tracey Martinez Completed 04/04/2013 8:30 AM Finance Completed 04/04/2013 9:53 AM City Attorney Completed 04/04/2013 1:34 PM City Manager Completed 04/04/2013 1:43 PM City Council Pending 3.G Packet Pg. 29 PROPOSED RESOLUTION RELATING TO LEAGUE BYLAWS AMENDMENTS WHEREAS, the League of California Cities is a nonprofit mutual benefit corporation under California law and, as such, is governed by corporate bylaws; and WHEREAS, the League’s Board of Directors periodically reviews the League’s bylaws for issues of clarity, practicality, compliance with current laws, and responsiveness to membership interests; and WHEREAS, the League Board of Directors at its February 7-8, 2013 meeting approved submitting the following amendments to the League’s bylaws to the League’s membership by mailed ballot: 1. Article VI, section 2 of the League’s bylaws is amended to read as follows: “Resolutions may originate from city officials, city councils, regional divisions, functional departments, policy committees, or the League Board or by being included in a petition signed by designated voting delegates of ten percent of the number of Member Cities. Except for petitioned resolutions, all other resolutions must be submitted to the League with documentation that at least five or more cities, or city officials from at least five or more cities, have concurred in the resolution.” 2. A new Article VII, section 16 is added to the League’s bylaws to read as follows: “Section 16: Positions on Statewide Ballot Measures. Notwithstanding any other provision of these bylaws, the League Board may take a position on a statewide ballot measure by a 2/3rd vote of those Directors present.” Now, therefore, be it RESOLVED, that the League Board of Directors at its April 24-25, 2013 meeting in Sacramento, California, after a canvass of mailed ballots, has determined that the above amendments to the League bylaws have been approved by a 2/3rd vote of those Member Cities voting. These amendments shall take effect 60 days after the approval of this resolution. ///////// 3.G.a Packet Pg. 30 At t a c h m e n t : A t t a c h m e n t 1 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) 2010 Bylaws for the League of California Cities Table of Contents i Article I: General ..................................................................................................................... 1 Section 1: Corporation Name. ............................................................................................. 1 Section 2: Offices. ............................................................................................................... 1 Article II: Purpose and Objectives ........................................................................................... 1 Section 1: General. ............................................................................................................. 1 Section 2: Objectives. ......................................................................................................... 1 Article III: Membership ............................................................................................................ 2 Section 1: Qualification. ...................................................................................................... 2 Section 2: Termination. ....................................................................................................... 2 Section 3: Honorary Members. ........................................................................................... 2 Section 4: Non-Liability. ...................................................................................................... 3 Article IV: Dues ....................................................................................................................... 3 Section 1: Establishment..................................................................................................... 3 Section 2: Increase in Dues. ............................................................................................... 3 Section 3: Delinquency. ...................................................................................................... 4 Article V: Membership Meetings ............................................................................................. 4 Section 1: Annual Conference. ........................................................................................... 4 Section 2: Special Meetings. ............................................................................................... 4 Section 3: City Delegates as General Assembly. ................................................................ 4 Section 4: Notice of Meetings. ............................................................................................ 5 Section 5: Parliamentarian. ................................................................................................. 5 Section 6: Credentials. ........................................................................................................ 5 Article VI: Resolutions ............................................................................................................ 5 Section 1: Role and Scope of Resolutions. ......................................................................... 5 Section 2: Origination. ......................................................................................................... 5 Section 3: Resolutions Committee for Annual Conference Resolutions. ............................. 6 Section 4: Procedure for Resolution Review for the Annual Conference. ........................... 7 Section 5: Resolutions Proposed by Petition for the Annual Conference. ........................... 7 Section 6. Special Meeting Resolution Procedures. ........................................................... 8 Section 7: Full Debate. ........................................................................................................ 8 Article VII: Board of Directors ................................................................................................. 9 Section 1: Role and Powers; Board Diversity Policy ........................................................... 9 Section 2: Composition. ...................................................................................................... 9 Section 3: Staggered Terms. ............................................................................................ 10 Section 4: Election of Directors. ........................................................................................ 11 Section 5: Nomination Process. ........................................................................................ 11 Section 6: Vacancies. ....................................................................................................... 13 Section 7: Resignation. ..................................................................................................... 13 3.G.b Packet Pg. 31 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) 2010 Bylaws for the League of California Cities Table of Contents ii Section 8: Meetings and Meeting Notice. .......................................................................... 14 Section 9: Policies. ............................................................................................................ 14 Section 10: Committees. ................................................................................................... 14 Section 11: Compensation. ............................................................................................... 15 Section 12: Reports of Directors. ...................................................................................... 15 Section 13: Standard of Care. ........................................................................................... 16 Section 14: Right to Inspect Records. ............................................................................... 16 Section 15: Policy Changes. ............................................................................................. 17 Article VIII: Officers ............................................................................................................... 17 Section 1: Identity. ............................................................................................................ 17 Section 2: Duties of League Officers. ................................................................................ 17 Section 3: Election. ........................................................................................................... 17 Section 4: Vacancies. ....................................................................................................... 18 Section 5: Executive Director and League Employees. .................................................... 18 Article IX: Regional Divisions ................................................................................................ 19 Section 1: Listing. .............................................................................................................. 19 Section 2: Purposes and Functions. ................................................................................. 19 Section 3: Names of Divisions. ......................................................................................... 20 Section 4: Boundaries. ...................................................................................................... 20 Section 5: Membership. .................................................................................................... 20 Section 6: Voting. .............................................................................................................. 20 Section 7: Officers. ............................................................................................................ 20 Section 8: Resignation. ..................................................................................................... 21 Section 9: Regional Division Bylaws. ................................................................................ 22 Article X: Functional Departments ........................................................................................ 22 Section 1: Listing. .............................................................................................................. 22 Section 2: Officers. ............................................................................................................ 22 Section 3: Voting. .............................................................................................................. 23 Section 4: Department Meetings. ...................................................................................... 23 Section 5: Department Bylaws. ......................................................................................... 24 Article XI: Voting ................................................................................................................... 24 Section 1: Quorum. ........................................................................................................... 24 Section 2: Voting Methods. ............................................................................................... 24 Section 3: Vote Threshold. ................................................................................................ 25 Section 4: One City One Vote. .......................................................................................... 25 Section 5: Mail Balloting. ................................................................................................... 25 Article XII: Qualifications to Hold Office and Vacancies ........................................................ 26 Section 1: Eligibility to Hold Office. ................................................................................... 26 Section 2: Vacancies. ....................................................................................................... 26 Article XIII: Finances ............................................................................................................. 27 3.G.b Packet Pg. 32 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) 2010 Bylaws for the League of California Cities Table of Contents iii Section 1: Fiscal Year. ...................................................................................................... 27 Section 2: Budget. ............................................................................................................. 27 Section 3: Limitation of Expenditures. ............................................................................... 27 Section 4: Annual Audit. .................................................................................................... 27 Section 5: Special Assessment for League Building. ........................................................ 27 Article XIV: Prohibited Transactions ...................................................................................... 28 Section 1: Conflicts of Interest. ......................................................................................... 28 Section 2: Loans. .............................................................................................................. 28 Section 3: Self-Dealing and Common Directorship Transactions. ..................................... 28 Section 4: Ethical Considerations. .................................................................................... 29 Article XV: Miscellaneous ..................................................................................................... 30 Section 1: Indemnification. ................................................................................................ 30 Section 2: Insurance. ........................................................................................................ 31 Section 3: Contracts and Execution of Instruments. ......................................................... 31 Section 4: Disposition of Assets Upon Dissolution. ........................................................... 32 Section 5: Parliamentary Authority. ................................................................................... 32 Section 6: Seal. ................................................................................................................. 32 Section 7: Governing Law. ................................................................................................ 32 Section 8. Litigation Authority. ........................................................................................... 32 Article XVI: Amendments ...................................................................................................... 33 Section 1: Consideration. .................................................................................................. 33 Section 2: Vote Threshold. ................................................................................................ 33 Section 3: Who May Propose. ........................................................................................... 33 Section 4: Board Review. .................................................................................................. 33 Section 5: Procedure for Consideration by General Assembly. ........................................ 33 Section 6: Effective Date. .................................................................................................. 33 Section 7: Protest and Suspension until Next Conference. ............................................... 33 Article XVII: Establishment and Financing of Grassroots Network ....................................... 34 Section 1: Enhancement of Advocacy Efforts. .................................................................. 34 Section 2: Dues Increase .................................................................................................. 34 Section 3: Accountability. .................................................................................................. 34 3.G.b Packet Pg. 33 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 1 Bylaws for the League of California Cities1 (effective November 16, 2010) Article I: General Section 1: Corporation Name. This corporation is the League of California Cities (the League). Section 2: Offices. The principal office of this corporation shall be located in Sacramento, California. The League Board of Directors (League Board) may establish such other League offices as it deems necessary to the effective conduct of League programs. Section 3: Compliance with Governing Laws. In all matters not specified in these bylaws, or in the event these bylaws do not comply with applicable law, the California Nonprofit Corporation Law applies. Article II: Purpose and Objectives Section 1: General. The League’s purpose is to strengthen and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. Section 2: Objectives. The League’s objectives are the following: (a) Advocate legislation that results in benefits to Member Cities, (b) Communicate to Member Cities and the public on issues related to the general welfare of citizens in California cities, (c) Pursue strong intergovernmental relationships to promote the well being of California cities, (d) Organize educational opportunities, such as conferences of city officials, 1 Note: All footnotes are for reference and explanation only and are not part of the bylaws text. 3.G.b Packet Pg. 34 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 2 (e) Stimulate greater public interest and more active civic consciousness as to the importance of cities in California’s system of government, (f) Collect and disseminate information of interest to Member Cities, and (g) Engage the membership in a continuing analysis of the needs of Member Cities. Article III: Membership Section 1: Qualification. (a) Cities. Any city, or city and county, in California may, by the payment of annual dues prescribed in Article IV, become a Member City and as such is entitled to League services and privileges (b) Elected and Appointed Officials. All elected and appointed officials2 in Member Cities are members of the League. Section 2: Termination. (a) Grounds for Termination. Membership is suspended or terminated whenever any of the following occurs: (i) The Member City resigns by giving written notice to the League; (ii) The Member City does not pay dues, fees or assessments in the amounts and terms set by the League Board; or (iii) An event occurs that makes the Member City ineligible for membership.3 (b) Procedures for Termination. The League shall give 15 days notice of any suspension or termination of membership and the reasons for such action, along with the opportunity to respond orally or in writing not less than five days before the effective date of the action.4 Section 3: Honorary Members. Any person who has given conspicuous service for the improvement of city government may, by the vote of the League Board, be granted an honorary membership in the League. All ex-presidents of the League are Honorary Members. Honorary Members as such do not have a voice or vote in any of the meetings of the League and do not have membership status in the League for purposes of state and federal laws. 2 “Appointed officials” includes professional city staff. 3 For example, a Member City’s disincorporation. 4 See Cal. Corp. Code § 7341(c) (requiring termination procedures be included in bylaws and specifying what constitutes a fair and reasonable procedure). 3.G.b Packet Pg. 35 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 3 Section 4: Non-Liability. No Member City is liable for the debts or obligations of the League. Article IV: Dues Section 1: Establishment. The League Board establishes the League’s dues annually according to city population. The population of each city is the most current population as determined by the California Department of Finance, Demographic Research Unit, or its successor agency or unit. If no successor agency or unit is named, the most current population used to determine dues shall be sued to determine future dues until such time as these bylaws are amended to designate a new source for determining city population. Section 2: Increase in Dues. (a) Board Vote Requirement. Any increase in dues must be approved by the League Board by a two-thirds vote. The League Board’s approval shall be accompanied by an explanation of the need for the increase, including but not limited to: (i) Increases in the League’s costs related to general increases in the consumer price index or other factors; and/or (ii) The expansion of existing programs or initiation of new programs. (b) Member City Ratification Requirement. Any dues increase that exceeds either the “consumer price index” for the preceding twelve months or five percent (whichever is greater) requires Member City ratification. In no event, however, shall the League Board approve a dues increase in excess of ten percent without Member City ratification. (i) “Consumer Price Index” Defined. For purposes of this section, the consumer price index is the California consumer price index for all urban consumers calculated by the California Department of Industrial Relations or its state or federal successor. (ii) Approval Threshold. Member City ratification requires a majority of Member Cities casting votes. (iii) Mechanism for Seeking Approval. The ratification may occur at the League’s General Assembly (see Article V) or by using the mail balloting procedure (see Article XI, section 5) 3.G.b Packet Pg. 36 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 4 (c) Dues Cap. In no event will a Member City’s dues increase by more than $5,000 per year. Section 3: Delinquency. Any Member City of the League who is delinquent in dues, fees or assessments may be suspended or have that member’s membership terminated as provided in Article III, section 2. Article V: Membership Meetings Section 1: Annual Conference. (a) Time and Place. The League’s regular Annual Conference is held at the time and place as the League Board determines. In case of any unusual conditions or extraordinary emergency, the League Board may, at its discretion, change the time or place of the meeting. (b) Conference Program Planning. The League Board shall establish an Annual Conference program planning process that provides for input from representative segments of the League’s membership. Section 2: Special Meetings. Special meetings of the League may be called by the League Board and shall be called by the League Board upon the written request of five percent or more of the Member Cities.5 Any written request by Member Cities shall describe the general nature of the business to be transacted and the text of any proposed resolution(s). Section 3: City Delegates as General Assembly. (a) Designation. Each Member City may, with the approval of the city council, designate a city official as the city’s designated voting delegate and, in the event that the designated voting delegate is unable to serve in that capacity, up to two alternate voting delegates. (b) Membership Decision-making Body. Designated voting delegates (or their alternates) constitute the League’s General Assembly. (c) Registration for Annual Conference. For General Assemblies held in conjunction with the Annual Conference, designated voting delegates must register to attend the Annual Conference 5 See Cal. Corp. Code § 7510 (“special meetings of members for any lawful purpose may be called by 5 percent or more of the members”). 3.G.b Packet Pg. 37 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 5 Section 4: Notice of Meetings. (a) General. Notice shall be given to all Member Cities of the time and place of all regular and special meetings by faxing or mailing a written notice at least fifteen days prior to each meeting, or by publishing a notice of the meeting at least two weeks prior to the meeting in an official publication of the League; provided, however, that failure to receive such notice does not invalidate any proceedings at such meeting. (b) Special Notice Requirements for Special Meetings. Any notice of the calling of a special meeting shall specify the purpose of the special meeting in such detail to enable Member Cities to determine whether they should attend. In the event a special meeting is requested by five percent or more of the Member Cities, the notice shall also set forth the text of any proposed resolution(s). Section 5: Parliamentarian. The League President shall appoint a Parliamentarian to resolve procedural issues at the League’s General Assembly and in Resolutions Committee meetings. Section 6: Credentials. Designated voting delegates must register with the Credentials Committee. The League President shall appoint a three-person Credentials Committee no later than the first day of the General Assembly. In case of dispute, this committee determines the right of a member to participate. Article VI: Resolutions Section 1: Role and Scope of Resolutions. Resolutions adopted by the League’s General Assembly and such League Board policies as are not inconsistent with such resolutions constitute League policy. All resolutions shall be germane to city issues. Section 2: Origination. Resolutions may originate from city officials, city councils, regional divisions6, functional departments7, policy committees, or the League Board or by being included in a petition signed by designated voting delegates of ten percent of the number of Member Cities. 6 “Regional divisions” are defined in Article IX of these bylaws. 7 “Functional departments” are defined in Article X of these bylaws. 3.G.b Packet Pg. 38 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 6 Section 3: Resolutions Committee for Annual Conference Resolutions. (a) Resolutions Committee Composition. The League President establishes a Resolutions Committee sixty days prior to each Annual Conference, which committee shall consist of: (i) One elected official from each regional division, appointed by the regional division; (ii) One elected official from each policy committee, appointed by the policy committee; (iii) One member from each functional department, appointed by the department; and (iv) Up to ten additional members (at least five of whom are elected officials) as the League President deems necessary to achieve geographic and population balance, as well as recognize the multiplicity of city functions not represented by the other appointments, including, but not limited to, the perspectives of board and commission members as well as professional staff. (b) Presidential Appointments. In the event a regional division, policy committee or functional department does not make its appointment to the Resolutions Committee, the League President may make the appointment on the regional division’s, policy committee’s or functional department’s behalf. (c) Chair. The League President shall also appoint to the Resolutions Committee a committee chair and vice chair. (d) Minimum Committee Size and Composition. In the event the full committee is not in attendance at the Annual Conference, the League President shall appoint a sufficient number of city officials in attendance to achieve a total of thirty. No less than two-thirds of the members of the Resolutions Committee shall be elected officials. (e) Committee Consideration of Proposed Resolutions. Except for resolutions of courtesy, commendation, appreciation or condolence, no resolution expressing the opinion or policy of the League on any question may be considered or discussed by the League’s General Assembly, unless it has been first submitted to, and reported on, by the Resolutions Committee. 3.G.b Packet Pg. 39 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 7 Section 4: Procedure for Resolution Review for the Annual Conference. (a) Timing. Except for petitioned resolutions, all resolutions shall be submitted to the Resolutions Committee, at the League’s headquarters, not later than sixty days prior to the opening session of the League’s Annual Conference. (b) Referral to Policy Committees. (i) Review and Recommendations. Except for resolutions of courtesy, commendation, appreciation or condolence, all resolutions submitted to the Resolutions Committee shall be referred by the League President to an appropriate policy committee for review and recommendation prior to the opening general session of the Annual Conference. (ii) Report to Resolutions Committee. Policy committees shall report their recommendations on such resolutions to the Resolutions Committee. The inability of a policy committee to make a recommendation on any resolution does not preclude the Resolutions Committee from acting upon it. Section 5: Resolutions Proposed by Petition for the Annual Conference. (a) Presentation by Voting Delegate. A designated voting delegate of a city may present by petition a resolution to the League President for consideration by the Resolutions Committee and the General Assembly at the Annual Conference. These resolutions are known as “petitioned resolutions.” (b) Contents. The petition shall contain the specific language of the resolution and a statement requesting consideration by the League’s General Assembly. (c) Signature Requirements. The petition shall be signed by designated voting delegates registered with the Credentials Committee who represent ten percent of the number of Member Cities. (d) Time Limit for Presentation. The signed petition shall be presented to the League President no later than twenty-four hours prior to the time set for convening the League’s General Assembly. (e) Parliamentarian Review. If the League President finds that the petition has been signed by designated voting delegates of ten percent of the number of Member Cities, the petition shall be reviewed by the Parliamentarian for form and substance. The Parliamentarian’s report shall then be presented to the chair of the Resolutions Committee. Among the issues that may be addressed by the Parliamentarian’s report is whether the resolution should be disqualified as being either 3.G.b Packet Pg. 40 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 8 (i) Non-germane to city issues or (ii) Identical or substantially similar in substance to a resolution already under consideration (f) Disqualification. The Resolutions Committee may disqualify a petitioned resolution as either being (i) Non-germane to city issues or (ii) Identical or substantially similar to a resolution already under consideration. (g) Consideration by General Assembly. The petitioned resolution and the action of the Resolutions Committee will be considered by the League’s General Assembly following consideration of other resolutions. (h) Availability of List of Voting Delegates. A list of voting delegates shall be made available during the Annual Conference to any designated voting delegate upon request. Section 6. Special Meeting Resolution Procedures. (a) Germane-ness. All resolutions must be germane to the meeting purpose specified in the special meeting notice. (b) Opportunity for Member Review. All resolutions to be proposed during the General Assembly shall be available for membership review by electronic (for example, by posting on the League’s website) or other means at least 24 hours prior to the beginning of the special meeting. (c) Parliamentarian Review. The Parliamentarian shall review all proposed resolutions for form and substance. The Parliamentarian’s report shall be presented to the General Assembly. Section 7: Full Debate. The opportunity for full and free debate on each resolution brought before the General Assembly shall occur prior to consideration of a resolution. 3.G.b Packet Pg. 41 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 9 Article VII: Board of Directors Section 1: Role and Powers; Board Diversity Policy (a) Subject to the provisions and limitations of California Nonprofit Corporation Law, any other applicable laws, and the provisions of these bylaws, the League’s activities and affairs are exercised by or under the direction of the League’s Board of Directors. The League Board is responsible for the overall supervision, control and direction of the League. The League Board may delegate the management of the League’s affairs to any person or group, including a committee, provided the League Board retains ultimate responsibility for the actions of such person or group. (b) The goal of the League is to ensure that the Board of Directors reflects the diverse ethnic and social fabric of California. As such, each Division, Department, Caucus, and Policy Committee should encourage and support members of every race, ethnicity, gender, age, sexual orientation and heritage to seek leadership positions within the League, with the ultimate goal of achieving membership on the Board of Directors. Section 2: Composition. The League’s Board is composed of the following: (a) A President, First Vice-President and Second Vice-President/Treasurer, who each serve a term of one year;8 (b) The Immediate Past President who serves for a term of one year, immediately succeeding his or her term as President; (c) Twelve Directors-at-Large,9 (i) Who serve staggered two-year terms, and (ii) At least one of whom is a representative of a small city with a population of 10,000 or less. (d) One Director to be elected from each of the regional divisions and functional departments of the League, each of whom serves for a term of two years; (e) Members of the National League of Cities Board of Directors who hold an office in a Member City; and 8 See Article VIII §3 for information about officer elections. 9 See Article VII, §§ 4 and 5 for information about Director-at-Large elections. See also Article VII, § 6(c) relating vacancies of at-large directorships. 3.G.b Packet Pg. 42 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 10 (f) Ten Directors that may be designated by the mayors of each of the ten largest cities in California to serve two-year terms. (g) For purposes of this section, the population of each city is the most current population as determined by the California Department of Finance, Demographic Research Unit, or its successor agency or unit. If no successor agency or unit is named, the most current population used to determine these dues shall be used to determine future dues until such time as these bylaws are amended to designate a new source for determining city population. (h) Directors hold office until their successors are elected and qualified or, if they sit on the League Board by virtue of their membership on the National League of Cities Board of Directors, until their terms on the National League of Cities Board of Directors conclude. Section 3: Staggered Terms. The terms of the Directors are staggered, so that the terms of approximately one-half of the members of the League Board expire each year. (a) Even-Numbered Year Terms. The following directorship terms expire in even-numbered years: (i) Departments. Directors from the Fiscal Officers, Public Works Officers, Mayors and Council Members, Planning and Community Development, Fire Chiefs, and City Clerks departments; (ii) Divisions. Directors from the Central Valley, Desert-Mountain, Imperial County, Monterey Bay, North Bay, Orange County, Redwood Empire, Sacramento Valley and San Diego County divisions; and (iii) At Large. Directors from five of the ten at-large directorships. (b) Odd-Numbered Year Terms. The following directorship terms expire in odd- numbered years: (i) Departments. Directors from the City Attorneys, City Managers, Police Chiefs, Recreation, Parks and Community Services, and Personnel and Employee Relations departments; (ii) Divisions. Directors from the Channel Counties, Inland Empire, East Bay, Los Angeles County, Peninsula, Riverside County and South San Joaquin Valley divisions; and (iii) At Large. Directors from five of the ten at-large directorships. 3.G.b Packet Pg. 43 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 11 Section 4: Election of Directors. (a) Functional Department Directors. Unless their respective functional department bylaws provide otherwise, Departmental Directors are elected by their respective departments at the Annual Conference. (b) Regional Division Directors. Unless their respective regional division bylaws provide otherwise, Regional Directors are elected at the regional division meeting immediately preceding the Annual Conference. (c) At-Large Directors. Directors-at-Large are elected by the League Board at its organization meeting. (d) Commencement of Terms. The term of office of all newly elected Directors commences immediately on the adjournment of the Annual Conference; however, the newly constituted League Board may meet prior to the adjournment of the Annual Conference for the purpose of organization. (e) Additional Directors. In the event of the creation of additional regional divisions or functional departments of the League, each regional division or functional department may elect a representative to the League Board. When a new functional department or regional division is created at any Annual Conference, the League Board may select a Director to represent such functional department or regional division until the entity organizes and elects a Director in the regular manner. The League Board may fix the initial term of any such Director from a new regional division or functional department at either one or two years, so as to keep the number of terms expiring on alternate years as nearly equal as possible. Section 5: Nomination Process. (a) Timing. The League President, with the concurrence of the League Board, shall establish a nominating committee at the first Board meeting of the calendar year in which the election is to occur. (b) Composition. The nominating committee shall be comprised of eleven Board members. Two nominating committee members shall be At-Large Directors and one shall represent a functional department. Regional divisions shall be represented on the nominating committee on the following rotating basis: (i) Even-Numbered Years: In even-numbered years, the Central Valley, Imperial County, Monterey Bay, North Bay, Orange County, Redwood Empire, Sacramento Valley and San Diego County Regional Divisions shall be represented on the nominating committee. 3.G.b Packet Pg. 44 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 12 (ii) Odd-Numbered Years: In odd-numbered years, the Channel Counties, Inland Empire, Desert-Mountain, East Bay, Los Angeles County, Peninsula, Riverside County, and South San Joaquin Regional Divisions shall be represented on the nominating committee. (c) Nominating Committee Chair. The League President shall appoint the chair of the nominating committee. (d) Candidates for Positions Ineligible. Candidates for officer and at-large positions on the League Board are not eligible to serve on the nominating committee. In the event a regional division representative on the nominating committee wishes to be a candidate for an officer or at-large position, the League President will appoint a substitute nominating committee member from the same regional division, if available. If one is not available, the President shall appoint a substitute from a nearby regional division. (e) Duties. The duties of the nominating committee are to: (i) Member Outreach. Publicize the qualifications for the offices of Second Vice President/Treasurer and the at-large members of the League Board to the League’s Member Cities; (ii) At-Large and Second Vice President Recommendation. Make recommendations to the League Board on the following year’s League officers10 and at-large board members; and (iii) President and First Vice President Recommendation. Recommend whether the previous year’s First Vice President becomes President and the previous year’s Second Vice President/Treasurer becomes First Vice President. (f) Notice to Members. An explanation of the nomination process and relevant deadlines for submitting nominations to the nominating committee shall be publicized in League publications and communications throughout the year, along with the identity of nominating committee members once such members are appointed. In addition, nominating committee shall inform the membership of the opening of the nominations for the following year when it makes its report to the general membership as provided in Article VII, Section 5(g) below. (g) Decision and Report. The nominating committee's recommendations shall be communicated to the League Board not later than 30 days prior to the date of the League's Annual Conference and again at the Annual Conference. In addition, the nominating committee shall make its report to the membership at the opening general session of the Annual Conference.11 10 See Bylaws Article VIII for provisions relating to League officers. 11 See Bylaws Article VIII, section 3 (for election of League officers) and Article VII, section 4 (for election of directors). 3.G.b Packet Pg. 45 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 13 (h) Election. The election of League Board officers and Directors-at-Large shall occur at a League Board meeting at the Annual Conference as provided in Article VII, section 4(c) and article VIII, section 3. Section 6: Vacancies.12 (a) Functional Departmental Directorships. In the event of a vacancy in a functional departmental directorship, the president of the department may become a member of the League Board or may appoint a member of his or her department to fill the vacancy. (b) Regional Division Directorships. If a vacancy occurs in the regional division directorship, the regional division in question may elect a new Director at the next regular meeting of the regional division. (c) At-Large Directorships. If a vacancy occurs in an at-large directorship, the League Board may elect a new Director to fill the vacancy at the next regular board meeting. The League president may nominate individuals for consideration by the League Board. (d) Large City Directorships. In the event of a vacancy in a large-city seat, that large city may designate a new representative. (e) Terms. The person elected or appointed to fill a vacancy holds office for the remainder of the term of the office in question (see Article VII, section 3). (f) Grounds for Vacancy. A vacancy in a directorship shall occur due to resignation, a vacancy in elective or appointed office held by the director, or if the League Board determines the department or division that elected the director, or an appointed director, is not complying with these bylaws or the policies of the League Board. Section 7: Resignation. Any Director resignation is effective upon receipt in writing by the League’s President or Executive Director, unless a later date is specified in the letter. 12 Note that League Board officer vacancies are filled as provided in Article VIII, section 4. 3.G.b Packet Pg. 46 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 14 Section 8: Meetings and Meeting Notice. (a) Regularly Scheduled Board Meetings. The League Board shall meet no fewer than four times a year. Notice of regularly scheduled Board meetings shall be mailed to each Director at least 14 days before any such meeting. (b) Emergency Board Meetings. A good faith effort shall be made to provide notice of any emergency board meetings (for example, by first-class mail, personal or telephone notification, including a voice messaging system or other system or technology designed to record and communicate messages, telegraph, facsimile, electronic mail, or other electronic means). (c) Telephonic or Electronic Participation. Members of the League Board may participate in any meeting through the use of conference telephone or similar communications equipment, so long as all members participating in such meeting can hear one another. Participation in a meeting by this means constitutes presence in person at such meeting. (d) Notice Content. All meeting notices shall include the meeting date, place, time, and, as applicable, the means by which a League Board member may participate electronically. Section 9: Policies. The League Board may adopt such policies for its government as it deems necessary and which are not inconsistent with these bylaws. In the event of an inconsistency, these bylaws shall prevail. Section 10: Committees. (a) General. The League Board may establish committees to study city problems, advise on League educational efforts, make recommendations with respect to League advocacy efforts, or to engage in other appropriate League service. (b) Executive Committee (i) Composition. The Executive Committee of the League Board consists of the following: the League’s President, First Vice-President, Second Vice- President/Treasurer, Immediate Past President and Executive Director. (ii) Authority. The Executive Committee has authority to act for the League Board between Board meetings, provided that no action of the Executive Committee is binding on the League Board unless authorized or approved by the Board. 3.G.b Packet Pg. 47 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 15 (c) Standing Policy Committees.13 (i) Charge. The League shall have a series of standing policy committees, whose charge shall be to make recommendations to the League Board on matters within the committees’ jurisdiction, as well as fulfill other duties specified in these bylaws (see, for example, Article VI, section 4(b)). (ii) Membership. Each League policy committee shall be comprised of the following: • Two members appointed by each regional division president; • One member appointed by each functional department president; • No more than 16 members appointed by the League president, to provide population and geographic balance, as well as expertise; and • Such representatives of affiliate organizations in the capacity authorized by the League Board. (iii)Feedback. Policy committees shall receive information on actions taken on committee recommendations and the reasons for those actions. (d) Committee Chairs and Vice Chairs. The League President appoints the chair of all League-wide committees. The term of such appointments coincides with the League President’s term. The League President may appoint vice chairs for such committees, as the League President deems necessary. Section 11: Compensation. The Directors do not receive any compensation for their services, but, with League Board approval, may be entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties. Section 12: Reports of Directors. The League Board’s duties include providing an annual report to League members at the regular Annual Conference showing the League’s work, the League’s financial condition, and a statement with respect to the League’s plans for further work and proposed policies. 13 The present standing policy committees are: 1) Administrative Services, 2) Employee Relations, 3) Environmental Quality, 4) Community Services, 5) Housing, Community and Economic Development, 6) Public Safety, 7) Revenue and Taxation, and 8) Transportation, Communication and Public Works. 3.G.b Packet Pg. 48 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 16 Section 13: Standard of Care.14 (a) General. A Director shall perform the Director’s duties, including duties on any committee on which the Director serves, in good faith, in a manner the Director believes to be in the best interests of the League and with such care, including reasonable inquiry, as an ordinarily prudent person in a like situation would use under similar circumstances. (b) Reliance on Information. In performing the Director’s duties, the Director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, prepared or presented by: (i) One or more League officers or employees whom the Director believes to be reliable and competent as to the matters presented; (ii) Counsel, independent accountants, or other persons as to matters which the Director believes to be within such person’s professional or expert competence; or (iii) A League Board committee upon which the Director does not serve, as to matters within the committee’s designated authority, provided that the Director believes the committee merits confidence. The Director may rely on such information, opinions, reports, or statements as long as the Director acts in good faith after reasonable inquiry (when the need for such inquiry is indicated by the circumstances) and as long as the Director has no knowledge that would suggest that such reliance is unwarranted. (c) Non-Liability. An individual who performs the duties of a Director in accordance with this section will not be liable for any failure or alleged failure to discharge that person’s obligations as a Director, including, without limiting the generality of the preceding, any actions or omissions which are inconsistent with the League’s nonprofit purposes. Section 14: Right to Inspect Records. Every Director has a right at any reasonable time to inspect and copy all League books, records and documents of every kind and to inspect the League’s physical property.15 14 See Cal. Corp. Code § 7231 (providing that a director who performs the director’s duties according to these standards is not liable for any alleged failure to properly discharge the individual’s obligations as a director). 15 See Cal. Corp. Code § 8333 (characterizing this right as absolute). 3.G.b Packet Pg. 49 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 17 Section 15: Policy Changes. Any policy established by the League’s General Assembly may be changed by the League’s Board upon ratification of such proposed change by a majority of the regional divisions representing a majority of Member Cities within the time period specified by the League Board. Article VIII: Officers Section 1: Identity. The officers of the League are a President, a First Vice-President, a Second Vice- President/Treasurer, an Immediate Past President, and an Executive Director. Section 2: Duties of League Officers. (a) President. The President presides at all League Board meetings and all General Assemblies. The President has such other powers and duties as may be prescribed by these bylaws or the League Board. (b) First Vice-President. The First Vice-President carries on the duties of the President in the President’s temporary absence or incapacity. The First Vice-President has such other powers and duties as may be prescribed by these bylaws or the League Board. (c) Second Vice-President/Treasurer. The Second Vice-President/Treasurer carries on the duties of the President in the President’s and First Vice-President’s temporary absence or incapacity. The Second Vice-President/Treasurer has such other powers and duties as may be prescribed by these bylaws or the League Board. Section 3: Election. The League Board elects the League’s President, First Vice-President and Second Vice- President for terms of one year.16 The election occurs at the League Board’s meeting at the Annual Conference. 16 See Cal. Corp. Code § 7151(c)(5) (suggesting bylaws address this issue). 3.G.b Packet Pg. 50 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 18 Section 4: Vacancies. A vacancy in the office of President is filled at the next meeting of the League Board by the succession of the First Vice-President to that office. A vacancy in the office of First Vice- President, or Second Vice-President/Treasurer, is filled for the un-expired term by appointment of a member of the League Board. A vacancy in the office of the Immediate Past President is filled for the un-expired term by the last Past President continuing to hold a city office. Section 5: Executive Director and League Employees. (a) Employment. The League Board selects an Executive Director who employs, or causes to be employed, such other persons as may be necessary who need not be League members. The Executive Director and employees perform such duties and receive such compensation as the League Board may from time to time prescribe. (b) Specific Duties.17 The Executive Director performs or causes to be performed the following functions: (1) Corporate Secretary. These duties include: (i) Keeping a full and complete record of the proceedings of the League Board, (ii) Giving such notices as may be proper and necessary, (iii) Keeping minute books for the League, (iv) Communicating the League Board’s actions to Member Cities, (v) Executing such instruments necessary to carry out Board directives and policies, and (vi) Complying with such other record-keeping and reporting requirements of California Nonprofit Corporation Law. (2) Chief Financial Officer. These duties include (i) Having charge of and custody of and receiving, safeguarding, disbursing and accounting for all League funds, 17 Nonprofit corporation law requires organizations like the League to have a secretary and chief financial officer. See Cal. Corp. Code § 7213 (allowing any number of offices to be held by the same person). Typically, these roles are assigned in the bylaws. Presently these functions are performed for the League by staff under the direct supervision of the Executive Director and ultimate supervision of the League Board. 3.G.b Packet Pg. 51 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 19 (ii) Depositing and investing such funds in such institutions and investments as approved by the League Board, (iii) Maintaining the League’s financial books and records, (iv) Preparing and submitting such accounting and tax forms as may be required by local, state and federal law. (c) Insurance. All employees handling the finances of the League shall be insured in such amount as the League Board deems desirable or necessary, such insurance to be approved by the League Board or a committee designated by the League Board and the premiums paid by the League. Article IX: Regional Divisions Section 1: Listing. (a) Existing Regional Divisions. The League is comprised of the following regional divisions: Central Valley Channel Counties Desert-Mountain East Bay Imperial County Inland Empire Los Angeles County Monterey Bay North Bay Orange County Peninsula Redwood Empire Riverside County Sacramento Valley San Diego County South San Joaquin Valley (b) New Divisions. Additional divisions may be formed through an amendment to these bylaws (Article XVI). Section 2: Purposes and Functions. The purposes and functions of regional divisions of the League are as follows: (a) To promote interest in the problems of city government and administration among city officials within such divisions. (b) To assist League officials in formulating policies by expressing, through resolutions duly adopted the recommendations of the regional divisions. Resolutions adopted by regional divisions to be considered at the Annual Conference shall be submitted in the manner provided by Article VI. (c) To take action consistent with general League policy as duly adopted by the League’s General Assembly or by the League’s Board. Regional divisions may 3.G.b Packet Pg. 52 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 20 take no action in conflict with such policies. Nothing in the foregoing limits or restricts regional division activities in matters of purely local interest and concern. (d) To meet not less than once every three months, provided that the League Annual Conference may be considered one such meeting of a regional division. Section 3: Names of Divisions. Each regional division will identify itself as a division of the League of California Cities. Section 4: Boundaries. The territorial boundaries of each regional division may be fixed by each division subject to the approval of the League’s General Assembly. Section 5: Membership. All cities within the boundaries of a regional division may become members of and participate in the activities of that division. A city may join a different regional division with the approval of both the existing and proposed division, and the League’s Board of Directors. Section 6: Voting. Unless otherwise provided in a regional division’s bylaws, the representatives of each Member City may cast collectively one vote on division matters, and a majority of the votes cast is necessary for a decision.18 Section 7: Officers. (a) Identity. Each regional division elects a President, a Vice-President, and a representative on the League Board of Directors, and such other officers as any regional division bylaws may establish. (b) Election Timing. Each regional division elects its officers at the regional division meeting immediately preceding the League’s Annual Conference, unless another date is provided by any regional division’s bylaws. (c) Terms. (i) Officers’ Terms and Commencement Dates. Except as provided below, the term of office of all newly elected officers is one year, commencing immediately upon election unless another date is provided by the regional 18See Article XI for additional information about voting. 3.G.b Packet Pg. 53 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 21 division’s bylaws.19 A majority of the members may amend any regional division bylaws to provide for two-year terms for regional division officers. (ii) Directors’ Terms and Commencement Dates. The term of office and commencement date for regional division representatives on the League Board are established in Article VII, section 2(d) (term length) and 4(d) (term commencement). (d) Vacancies. In the event of a vacancy in any regional division office,20 such vacancy is filled by election at the next regular meeting of such division for the unexpired term of that office. The fact that such a vacancy will be so filled shall be included in the notice of such meeting. This requirement also applies to a vacancy in the office of regional division director, as provided in Article VII, section 6(b). (e) Duties. (i) President. The President presides at all regional division meetings and has such other powers and duties as may be prescribed by any division bylaws. (ii) Vice-President. The Vice-President carries on the duties of the President in the President’s temporary absence or incapacity and has such other powers and duties as may be prescribed by any division bylaws. (iii) Secretary. The Secretary a) immediately notifies the League of any change in the regional division officers, b) records the minutes of all division meetings and sends one copy to League headquarters, and c) prepares and mails all notices of the meetings of the division and sends a copy to the League headquarters. (iv) Director. The regional division Director shall represent the regional division on the League Board and shall keep the division membership apprised of League Board activities. The Director serves as a liaison between the regional division and the League Board. Section 8: Resignation. Except as provided in Article VII, section 7 for members of the League Board, a regional division officer’s resignation is effective upon receipt in writing by the division’s President or Secretary, unless a later date is specified in the letter. 19 Note that this term commencement is different than that for the League board (whose terms commence upon adjournment of the Annual Conference) and than that for department officers (also upon adjournment of the Annual Conference). 20 Article XII, section 2, defines a vacancy. 3.G.b Packet Pg. 54 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 22 Section 9: Regional Division Bylaws. Regional divisions may adopt their own bylaws. Division bylaws may not conflict with the League’s bylaws. In the event of a conflict between a division’s bylaws and League bylaws, the League’s bylaws will prevail; the League’s bylaws also prevail when the division does not have bylaws or the division’s bylaws are silent. Article X: Functional Departments Section 1: Listing. (a) Existing Departments. The League includes the following functional departments: Mayors and Council Members City Attorneys Fiscal Officers Public Works Officers City Managers Planning and Community Development Police Chiefs Fire Chiefs Community Services City Clerks Personnel and Employee Relations (b) New Departments. Additional functional departments may be formed through an amendment to these bylaws (Article XVI). Section 2: Officers. (a) Identity. Each functional department elects a President, a Vice-President, a representative on the Board, and such other officers as the department’s bylaws may establish. (b) Election Timing. Each functional department elects its officers at the department’s business session at the League’s Annual Conference, unless the department’s bylaws provide otherwise. (c) Terms. The term of office for functional department officers is one year, commencing immediately upon the adjournment of the Annual Conference. The exception is the functional department representatives of the League Board, whose term is two years established in Article VII, section 2(d). 3.G.b Packet Pg. 55 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 23 (d) Vacancies.21 A vacancy in the office of President is filled for the unexpired term by the succession of the Vice-President. A vacancy in the office of the Vice- President or any other office of the functional department is filled by appointment by the department President for the unexpired term. The person so appointed shall be a member of such department. A vacancy in the office of department director is filled as provided in Article VII, section 6(a) for the unexpired term. (e) Duties. (i) President. The President presides at functional department meetings and has such other powers and duties as may be prescribed by any department bylaws. (ii) Vice-President. The Vice-President carries on the duties of the President in the President’s temporary absence or incapacity and has such other powers and duties as may be prescribed by any department bylaws. (iii) Director. The department Director shall represent the functional department on the League Board and shall keep the department membership apprised of League Board activities. The Director serves as a liaison between the department and the League Board. (g) Resignation. Except as provided in Article VII, section 7 for members of the League Board, a functional department officer’s resignation is effective upon receipt in writing by the department’s President or Vice-President, unless a later date is specified in the letter. Section 3: Voting. Except as otherwise provided in a functional department’s bylaws, the representatives of each Member City may cast collectively one vote on functional department matters.22 A majority of the votes cast is necessary for a decision.23 Section 4: Department Meetings. Functional departments meet at the Annual Conference and at other times and places as they find necessary. 21 Article XII, section 2, defines a vacancy. 22 Note that Article XI, section 4 allows departments to adopt a different voting allocation in their bylaws. 23 See Article XI for additional information about voting. 3.G.b Packet Pg. 56 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 24 Section 5: Department Bylaws. Functional departments may adopt their own bylaws. Such bylaws may not conflict with the League’s bylaws. In the event of a conflict between a department’s bylaws and League bylaws, the League’s bylaws will prevail; the League’s bylaws also prevail when the department does not have bylaws or the department’s bylaws are silent. Article XI: Voting Section 1: Quorum. (a) In General. A majority of the members of the League’s Board, functional department, regional division, committee or other kind of subsidiary body constitutes a quorum for the purpose of making decisions.24 (b) General Assembly. The presence, at the General Assembly, of credentialed voting delegates (or alternates) representing a majority of Member Cities, constitutes a quorum.25 (c) Failure to Achieve Quorum. In the event that a body other than the League Board of directors lacks a quorum, all votes taken by that body will be advisory to the League Board, which shall be advised that a quorum was not present. In the event that the League’s Board is unable to achieve a quorum, the League Board will adjourn until such time as a quorum can be achieved. Section 2: Voting Methods. (a) General Assembly. All voting in meetings of the General Assembly of the League, its regional divisions, functional departments, committees and other kinds of subsidiary bodies is by voice vote. (b) Alternative Methods. If the presiding official cannot determine the outcome of the voice vote or three or more Member Cities request, an alternative method of voting may be used. An alternative voting method may be by any means (show of hands, written ballot, display of voting cards, etc.) which allows the presiding official to accurately determine the outcome of the vote. (c) Roll Call Vote. A roll call may be demanded by representatives of ten percent or more of the voting body.26 24 See Cal. Corp. Code § 7511(a)(8) (noting that a board meeting may continue to transact business after a quorum is lost as long as items approved receive a majority of the quorum, unless a higher approval threshold exists for approval of a certain type of action). 25 See Cal. Corp. Code § 7512(c) (noting that a membership meeting may continue to transact business after a quorum is lost as long as items approved receive a majority of the quorum, unless a higher approval threshold exists for approval of a certain type of action—for example, bylaws approval). 26 For the League’s General Assembly, the “voting body” is all delegates registered with the Credentials Committee. 3.G.b Packet Pg. 57 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 25 (d) Voting Cards. A voting card will be issued to each Member City’s designated voting delegate upon presentation of evidence of the delegate’s designation by the Member City. (e) Proxy Voting. Proxy voting is not allowed. Section 3: Vote Threshold. Except as otherwise provided in these bylaws (see, for example, Article XVI, section 2), a majority vote of approval of those voting is necessary for decision. Section 4: One City One Vote. Except as otherwise provided in a functional department’s or a regional division’s bylaws, the representatives of each Member City present and in good standing collectively cast one vote.27 A majority of the votes cast is necessary for a decision. Section 5: Mail Balloting. In addition to voting at League meetings, the League may solicit member input by mail ballot. (a) Mailing.28 The question(s) to be voted upon, along with explanatory materials and a ballot, shall be mailed by first class mail to each Member City for consideration and action. b) Time Frame for Action. Member Cities shall have at least 45 days to cast their vote. Ballots shall be cast by returning the Member City’s ballot to the League’s principal office in Sacramento. (c) Ballot Tabulation and Results Announcement. The League President will appoint a counting committee of three board members to count the votes cast by mail ballot. The counting committee will submit its count to the League Board, which shall canvass the vote and announce the results. (d) Functional Departments and Regional Divisions. Departments and divisions may also use mail balloting under procedures specified in their respective department and division bylaws. 27 For purposes of the General Assembly (see articles V and VI), the mechanism through which city officials do this is the designated voting delegate. 28 The Administrative Services Committee recommends the League also include notice of the upcoming ballot in a variety of League communications to alert Member Cities to make inquiry in the event a city’s ballot is lost in the mail. 3.G.b Packet Pg. 58 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 26 Article XII: Qualifications to Hold Office and Vacancies Section 1: Eligibility to Hold Office. (a) In General. Excepting the office of Executive Director, no person shall be eligible to hold office in the League or any League division or department unless the individual is officially in city service in a Member City at the time of the person’s election or appointment. Regional divisions and functional department bylaws may specify additional eligibility requirements for their respective officeholders. (b) Length of Service. An individual who has occupied an elected League Board office (as defined in Article VIII, section 1) for nine months (275 days) or more is ineligible to stand for election for that same office again. Section 2: Vacancies. (a) Vacancy Defined. A League office becomes vacant when an individual resigns, misses three consecutive convened meetings or leaves city service.29 (b) Effective Date of Vacancy Caused by Leaving City Service. The effective date of a vacancy caused by a departure from city service is the date an individual ceases to occupy the same or comparable city office as the individual had when the individual was elected or appointed to League office. Upon written request of the individual, the League Board may allow the individual to continue in the League office for a period not to exceed 3 months from the effective date of the vacancy, which time period may be extended by the Board upon finding of good cause. (c) Effective Date of Resignations. For the effective dates of resignations, see Article VII, section 7 (effective date of League Board resignations), Article IX, section 8 (effective date of regional division officer resignations), and Article X, section 2(f) (effective date of department officer resignations). (d) Filling Vacancies. Vacancies will be filled as provided in these bylaws, see Article VII, section 6 (filling League Board vacancies), Article IX, section 7(d) (filling regional division officer vacancies), and Article X, section 2(d) (filling functional department officer vacancies). (e) Successor Terms. An individual filling a vacancy serves the unexpired term of his or her predecessor. 29 See also Cal. Corp. Code §7221 (board may declare a director’s seat vacant if a court declares the director of unsound mind or the director has been convicted of a felony). 3.G.b Packet Pg. 59 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 27 Article XIII: Finances Section 1: Fiscal Year. The fiscal year of the League is the calendar year. Section 2: Budget. (a) Preparation and Approval. Not less than fifteen days prior to the budget meeting of the League Board, the Executive Director shall distribute to the Board a detailed budget describing the estimated revenues and expenditures for the ensuing budgetary period for the League Board’s consideration and approval. (b) Dissemination. Upon approval, a copy of the League’s budget shall be sent to each regional division and functional department president, who shall make it available to division and department members. Section 3: Limitation of Expenditures. The League Board may not incur indebtedness in excess of the estimated or actual revenues for the ensuing fiscal year, without the approval of the League’s General Assembly. Section 4: Annual Audit. The League’s accounts shall be audited by a certified public accountant after the close of each fiscal year. Section 5: Special Assessment for League Building. By resolution approved by a majority of those cities present and voting thereon at an Annual Conference, a special assessment may be levied for a permanent headquarters office building in Sacramento as specified in the resolution.30 30 See also section 4 in Article XV, relating to disposition of League property upon dissolution. 3.G.b Packet Pg. 60 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 28 Article XIV: Prohibited Transactions Section 1: Conflicts of Interest. General Principle. Members of the League board as well as members of League policy committees, and members of any standing or ad hoc committees and task forces consisting of members of the League board or League policy committees, are expected to make decisions in the best overall interests of cities statewide, as opposed to narrow parochial, personal, or financial interests. This is analogous to city officials being expected to make decisions in the best overall interests of the community as opposed to narrow private or self-interests. Section 2: Loans. Except as permitted by California Nonprofit Corporation Law,31 the League may not make any loan of money or property to, or guarantee the obligation of, any director or officer. This prohibition does not prohibit the League from advancing funds to a League director or officer for expenses reasonably anticipated to be incurred in performance of their duties as an officer or director, so long as such individual would be entitled to be reimbursed for such expenses under League Board policies absent that advance. Section 3: Self-Dealing and Common Directorship Transactions.32 (a) Self-Dealing Transactions. A self-dealing transaction is a transaction to which the League is a party and in which one or more of its directors has a material financial interest. (b) Common Directorships. “Common directorships” occur when the League enters into a transaction with an organization in which one of the League directors also serves on the organization’s board. 31 Section 7235 of the Corporations Code provides: (a) Unless prohibited by the articles or bylaws, a corporation may loan money or property to, or guarantee the obligation of, any director or officer of the corporation or of its parent, affiliate or subsidiary, provided: (1) The board determines the loan or guaranty may reasonably be expected to benefit the corporation. (2) Prior to consummating the transaction or any part thereof, the loan or guaranty is either: (A) Approved by the members (Section 5034), without counting the vote of the director or officer, if a member, or (B) Approved by the vote of a majority of the directors then in office, without counting the vote of the director who is to receive the loan or the benefit of the guaranty. (b) Notwithstanding subdivision (a), a corporation may advance money to a director or officer of the corporation or of its parent, affiliate or subsidiary, for any expenses reasonably anticipated to be incurred in the performance of the duties of the director or officer of the corporation or of its parent, affiliate or subsidiary, provided that in the absence of such an advance the director or officer would be entitled to be reimbursed for these expenses by the corporation, its parent, affiliate, or subsidiary. (c) The provisions of subdivisions (a) and (b) do not apply to credit unions, or to the payment of premiums in whole or in part by a corporation on a life insurance policy on the life of a director or officer so long as repayment to the corporation of the amount paid by it is secured by the proceeds of the policy and its cash surrender value, or to loans permitted under any statute regulating any special class of corporations. 32 See generally Cal. Corp. Code § 7233. Note that interested or common directors may be counted in determining the existence of a quorum in a board or committee meeting that approves such transactions. See Cal. Corp. Code § 7234. 3.G.b Packet Pg. 61 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 29 (c) Pre-Transaction Approval. To approve a transaction involving either self-dealing or a common directorship, the League Board shall determine, before the transaction, that, (i) The League is entering into the transaction for its own benefit; (ii) The transaction is fair and reasonable to the League at the time; and (iii) After reasonable investigation, the League Board determines that it could not have obtained a more advantageous arrangement with reasonable effort under the circumstances. Such determinations shall be made by the League Board in good faith, with knowledge of the material facts concerning the transaction and the director’s interest in the transaction, without counting the vote of the interested director or directors. (d) Post-Transaction Approval. When it is not reasonably practicable to obtain Board approval before entering into such transactions, a Board committee may approve such transaction in a manner consistent with the requirements in the preceding paragraph, provided that, at its next meeting, the full Board determines in good faith that the League Board committee’s approval of the transaction was consistent with such requirements and that it was not reasonably practical to obtain advance approval by the full Board, and ratifies the transaction by a majority of the directors then in office without the vote of any interested director.33 Section 4: Ethical Considerations. These restrictions, of course, represent the floor not the ceiling for ethical conduct as a League board member or policy committee member. If a board member or policy committee member believes that there are circumstances under which the League’s members might reasonably question the board member’s or policy committee member’s ability to act solely in the best interests of the League and its member cities, the prudent course is to abstain. As an example, typically, League board members have abstained from participating in decisions on legislation that would affect organizations for which they work. Another example is legislation that would uniquely benefit a board member’s city. Policy committee members should also consider abstaining in similar circumstances. 33 See Cal. Corp. Code § 7233 (specifying under what circumstances a self-dealing transaction is void or voidable). 3.G.b Packet Pg. 62 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 30 Article XV: Miscellaneous Section 1: Indemnification. (a) Indemnity Authorized. To the extent allowed by California Nonprofit Corporation Law,34 the League may indemnify and advance expenses to its agents in connection with any proceeding, and in accordance with that law. For purposes of this section, “agent” includes directors, officers, employees, other League agents, and persons formerly occupying these positions.35 (b) Approval of Indemnity. An individual seeking indemnification shall make a written request to the League Board in each case. (i) Success on the Merits. To the extent that the individual has been successful on the merits, the League Board will promptly authorize indemnification in accordance with California Nonprofit Corporation Law.36 (ii) Other Instances. Otherwise, the League Board shall promptly determine, by a vote of a majority of a quorum consisting of directors who are not parties to the proceeding, whether, in the specific case, the agent has met the applicable standard of conduct under California law,37 and, if so, will authorize indemnification to the extent permitted. 34 The scope of indemnity for mutual benefit corporations is governed by Corporations Code section 7237, which is excerpted in the footnotes below. 35 Section 7237(a) provides in pertinent part: For the purposes of this section, "agent" means any person who is or was a director, officer, employee or other agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise, or was a director, officer, employee or agent of a foreign or domestic corporation which was a predecessor corporation of the corporation or of another enterprise at the request of such predecessor corporation . . . See Cal. Corp. Code § 7237(a). 36 Section 7237(d) provides To the extent that an agent of a corporation has been successful on the merits in defense of any proceeding referred to in subdivision (b) or (c) or in defense of any claim, issue or matter therein, the agent shall be indemnified against expenses actually and reasonably incurred by the agent in connection therewith. See Cal. Corp. Code § 7237(d). 37 These standards are largely contained in section 7237(b) or section 7237(c), which provide: (b) A corporation shall have power to indemnify any person . . . if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the corporation and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful . . . (c) A corporation shall have power to indemnify any person . . . if such person acted in good faith, in a manner such person believed to be in the best interests of the corporation and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances . . . See Cal. Corp. Code § 7237(b) and (c) (with exceptions). 3.G.b Packet Pg. 63 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 31 (c) Advancing Expenses. To the extent allowed by under California Nonprofit Corporation Law,38 the League Board may authorize an advance of expenses incurred by or on behalf of an agent of this corporation in defending any proceeding prior to final disposition. The League Board shall find that (i) the requested advances are reasonable; and (ii) before any advance is made, the agent will submit a written undertaking satisfactory to the League Board to repay the advance unless it is ultimately determined that the agent is entitled to indemnification for the expenses under this section. Section 2: Insurance.39 The League Board may authorize the purchase of insurance on behalf of any agent against any liability asserted against or incurred by the agent in such capacity or arising out of the agent’s status as such, and such insurance may provide for coverage against liabilities beyond the League’s corporation’s authority to indemnify an agent under law. Section 3: Contracts and Execution of Instruments. All contracts entered into on behalf of the League shall be authorized by the League Board, or by the person or persons upon whom the League Board confers such power from time to time. Except as otherwise provided by law, every check, draft, promissory note, money order, or other evidence of indebtedness of the League shall be signed by the persons authorized to do so by the League Board. 38 Section 7237(a) provides in pertinent part: . . ."expenses" includes without limitation attorneys' fees and any expenses of establishing a right to indemnification under subdivision (d) or paragraph (3) of subdivision (e). See Cal. Corp. Code § 7237(a). 39 See also Cal. Corp. Code § 7237(i) (authorizing insurance). 3.G.b Packet Pg. 64 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 32 Section 4: Disposition of Assets Upon Dissolution.40 The League’s properties and assets are irrevocably dedicated to the fulfillment of the League’s purposes as described in Article II. No part of the League’s net earnings, properties and assets, on dissolution or otherwise, may inure to the benefit of any private person. On liquidation or dissolution, the League’s net assets shall be distributed to the League’s Member Cities consistent with the provisions of the California Nonprofit Corporations Law relating to mutual benefit corporations then in effect. Section 5: Parliamentary Authority. Subject to the provisions of these bylaws, Robert's Rules of Order or such other parliamentary rules as may be adopted by the League Board shall prevail at all meetings of the League, the League Board, and in all functional departments and regional divisions. Section 6: Seal. The League Board has provided a suitable seal for the League which is circular and which contains the following inscription: "LEAGUE OF CALIFORNIA CITIES INCORPORATED NOVEMBER 4, 1932, CALIFORNIA" The seal may be affixed to corporate instruments, but any failure to affix it does not affect the instrument’s validity. Section 7: Governing Law. In all matters not specified in these bylaws, or in the event these bylaws are inconsistent with applicable law, the provisions of California Nonprofit Corporation Law then in effect apply. Section 8. Litigation Authority. Member Cities authorize the League to initiate or respond to litigation on their collective behalf when the League Board determines such litigation is necessary to protect Member Cities’ shared vital interests. 40 This section reinforces the League’s status as a mutual benefit corporation and protects cities’ interests in their investment in the League’s headquarters building. See also Cal. Corp. Code § 8717 (assets upon dissolution must be distributed according to bylaws). 3.G.b Packet Pg. 65 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 33 Article XVI: Amendments Section 1: Consideration. These bylaws may be amended by the League’s General Assembly (see Article XVI, section 5 for procedures) or by a mail ballot to Member Cities (see Article XI, section 5 for procedures). Section 2: Vote Threshold. A two-thirds vote of approval of those voting is necessary to amend these bylaws. Section 3: Who May Propose. Amendments may be proposed by the League Board or by petition of ten percent of Member Cities. The proponent may specify whether the amendment is to be considered at the General Assembly or by mail ballot. Section 4: Board Review. Any amendment proposed by petition shall be submitted to the League Board in writing for its review. The League Board’s recommendation and reasons following its review shall accompany all materials relating to the proposed amendment. Section 5: Procedure for Consideration by General Assembly. (a) Notice. The meeting notice required by Article V, section 4 for League meetings shall include notice of any proposal to amend the League’s bylaws, along with the subject of the proposed amendment(s). (b) Consideration by General Assembly. The proposed amendment, along with any action by the League Board pursuant to section 4 of this Article, shall be considered by the General Assembly along with any resolutions presented pursuant to Article VI. Section 6: Effective Date. After approval, amendments go into effect after the expiration of the protest period (see Article XVI, section 7) unless otherwise specified in the amendment. Section 7: Protest and Suspension until Next Conference. If, within sixty days after the adoption of any amendment, one-third or more of the Member Cities submit a written protest against such amendment, the amendment is automatically suspended until the next Annual Conference, when it may be taken up again for reconsideration and vote. 3.G.b Packet Pg. 66 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) League of California Cities Bylaws (effective November 16, 2010) 34 Article XVII: Establishment and Financing of Grassroots Network Section 1: Enhancement of Advocacy Efforts. To enhance the League’s advocacy efforts on behalf of cities, the League hereby establishes a Grassroots Network. The Grassroots Network consists of a series of field offices throughout California, responsible for coordinating city advocacy efforts and promoting statewide League policy priorities. Section 2: Dues Increase (a) Initial Financing. The dues increase approved concurrently with the addition of this article shall finance the League’s Grassroots Network for the second half of 2001 and for 2002. The increase shall be used exclusively to finance the Grassroots Network. (b) Continued Financing. Any subsequent dues increases shall occur in accordance with Article IV. Section 3: Accountability. (a) Annual Goal-Setting and Performance Assessment. The League Board shall set long-term goals and annual objectives for the League’s Grassroots Network. The League Board shall periodically report to the League’s Member Cities on the Grassroots Network’s performance in meeting those goals and objectives. (b) Board Discontinuance. If at any time the League Board finds the Grassroots Network is not meeting its objectives on behalf of cities, the League Board may discontinue the Grassroots Network. (c) Membership Vote on Program Continuation. On or before December 31, 2007, Member Cities shall vote (see Article XI, section 5 for procedures) on whether to continue the Grassroots Network beyond December 31, 2008. 41 G:\Legal\Corporate Docs\Bylaws\2010 Bylaws Update\2010 Bylaws.doc 41 At its meeting of September 8, 2007, the General Assembly of the League of California Cities adopted Resolution #1 that the Grassroots Network Program be continued and operated in accordance with these bylaws. 3.G.b Packet Pg. 67 At t a c h m e n t : A t t a c h m e n t 2 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) Ballot on Bylaws Amendments City of __________________________ Does your city vote to approve the amendment of article VI, section 2 of the League’s bylaws relating to submission of resolutions to the League’s General Assembly as set forth in the Proposed Resolution and incorporated by reference in this ballot?  Yes  No Does your city vote to approve the addition of article VII, section 16 to the League’s bylaws relating to the League Board vote threshold for taking positions on statewide ballot measures as set forth in the Proposed Resolution and incorporated by reference in this ballot?  Yes  No Ballot returned by: _______________________________ City Official Name _______________________________ City Official Title Please return this ballot by April 19, 2013 to: League of California Cities Attn: Ballots 1400 K Street, 4th Floor Sacramento, CA 95814 or by email to: ballots@cacities.org or by fax to: (916) 658-8240 Thanks in advance for your participation in this important decision. 3.G.c Packet Pg. 68 At t a c h m e n t : A t t a c h m e n t 3 ( 1 2 4 5 : L e a g u e o f C A C i t i e s A m e n d m e n t s t o B y l a w s ) AGENDA REPORT MEETING DATE:April 9, 2013 Council Item TITLE:Approval of Check Register No. 04-09-2013 PRESENTED BY:Cynthia Fortune, Finance Manager RECOMMENDATION:Approve Attached Check Register for April 9, 2013, as submitted, which includes the Check Register Account Index and Voucher Listings for Fiscal Year 2012-13. BACKGROUND: The Check Register for April 9, 2013 is presented in accordance with Government Code §37202 and is hereby submitted for the City Council’s approval. The attached index to the Check Register is a guideline account list only and is not intended to replace the comprehensive chart of accounts used by the City and CRA Successor Agency. Expenditure account number formats are XX-XXX-XXX [Fund- Department-Account]. Expenditures may be made from trust/agency accounts (Fund 23-XXX-) or temporary clearing accounts which do not have a budgetary impact. A total of $289,746.89 in accounts payable checks was issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached check register. New vendors: Check No.Payee Description Amount No New Vendors Payments larger than $10,000: Check No.Payee Description Amount 69147 Public Emp. Retirement Sys PERS Health Insurance for March $10,435.21 69159 City of Colton Wastewater Treatment Advance for March $98,500.00 69179 S.B. County Sheriff Law Enforcement Services for April $146,616.00 3.H Packet Pg. 69 Payroll costs for the period ending March 15, 2013 Pay Per.Period Ending Period Amount 7 03/29/2013 Biweekly $53,731.68 FISCAL IMPACT: All disbursements are made in accordance with the Adopted Budget for Fiscal Year 2012-13. ATTACHMENTS: ·Check Register Account Index ·check register APPROVALS: Finance Completed 04/03/2013 3:50 PM Cynthia Fortune Completed 04/03/2013 3:51 PM City Attorney Completed 04/03/2013 5:35 PM City Manager Completed 04/04/2013 10:34 AM City Council Pending 3.H Packet Pg. 70 City of Grand Terrace Check Register Index FD No.Fund Name Dept No.Department Name/Cost Center Acct No.General Account Numbers 09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES 10 GENERAL FUND 120 CITY MANAGER 139 EMPLOYEES' BENEFIT PLAN 11 STREET FUND 125 CITY CLERK 140 RETIREMENT 12 STORM DRAIN FUND 140 FINANCE 142 HEALTH/LIFE INSURANCE 13 PARK FUND 160 CITY ATTORNEY 143 WORKERS' COMPENSATION 14 AB 3229 COPS FUND 172 BUILDING & SAFETY 138/141 MEDICARE / SUI 15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 210 OFFICE EXPENSE 16 GAS TAX FUND 180 COMMUNITY EVENTS 218-219 NON-CAPITAL FURN/SMALL TOOLS 17 TRAFFIC SAFETY FUND/ TDA FUND 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP 19 FACILITIES DEVELOPMENT FUND 187 ENFORCEMENT PROGRAM 230 ADVERTISING 20 MEASURE I FUND 190 GENERAL GOVERNMENT (NON-DEPT) 235 COMMUNICATIONS 21 WASTE WATER DISPOSAL FUND 195 FACILITIES MAINTENANCE 238-239 UTILITIES 22 COMMUNITY DEV. BLOCK GRANT 370 COMMUNITY & ECONOMIC DEV 240-242 RENTS & LEASES 26 LSCPG/ LGHTG ASSESSMENT DIST. 380 MGT INFORMATION SYSTEMS 245-246 MAINT BLDG GRNDS EQUIPMNT 44 BIKE LANE CAPITAL FUND 410 LAW ENFORCEMENT 250-251 PROFESSIONAL SERVICES 46 STREET IMPROVEMENT PROJECTS 430 RECREATION SERVICES 255-256 CONTRACTUAL SERVICES 47 BARTON RD. BRIDGE PROJECT 440 CHILD CARE 260 INSURANCE & SURETY BONDS 48 CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 265 MEMBERSHIPS & DUES 32 CRA-CAPITAL PROJECTS FUND 510 STREET & SIGNAL LIGHTING 268 TRAINING 33 CRA-DEBT SERVICE FUND 600 WEST SIDE PARK 270 TRAVEL/CONFERENCES/MTGS 34 CRA-LOW & MOD HOUSING 601 TRACT 14471 PICO & ORIOLE 272 FUEL & VEHICLE MAINTENANCE 602 FORREST CITY PHASE II 570 WASTEWATER TREATMENT 631 STORM DRAIN MAINTENANCE 33-300 DEBT SERVICE 801 PLANNING COMMISSION 7XX FACILITIES IMPRV (NO CIP) 802 CRIME PREVENTION UNIT 700 COMPUTER-RELATED 804 HISTORICAL & CULTURAL COMM. 701 VEHICLES & EQUIPMENT 805 SENIOR CITIZENS PROGRAM 807 PARKS & REC COMMITTEE 808 EMERGENCY OPERATIONS PROG. 3. H . a Pa c k e t P g . 7 1 Attachment: Check Register Account Index (1242 : Check Register No. 04-09-2013) 04/03/2013 Voucher List CITY OF GRAND TERRACE 1 11:57:33AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 69139 3/25/2013 006898 SYSCO FOOD SERVICES OF L.A.302260659 FOOD & SUPPLIES FOR SNACK/LUNCHES 09-440-220-000-000 817.01 Total : 817.01 69140 3/25/2013 006898 SYSCO FOOD SERVICES OF L.A.303050443 FOOD & SUPPLIES FOR SNACK/LUNCHES 09-440-220-000-000 483.71 Total : 483.71 69141 3/25/2013 006898 SYSCO FOOD SERVICES OF L.A.303120764 FOOD & SUPPLIES FOR SNACK/LUNCHES 09-440-220-000-000 685.91 Total : 685.91 69142 3/25/2013 006898 SYSCO FOOD SERVICES OF L.A.303190510 FOOD & SUPPLIES FOR SNACK/LUNCHES 09-440-220-000-000 791.55 Total : 791.55 69143 3/28/2013 011092 METLIFE-GROUP BENEFITS MarchDental March Emp/Dep Dental Insurance 10-022-61-00 1,189.80 Total : 1,189.80 69144 3/28/2013 011195 AMERICAN FIDELITY ASSURANCE CO 848589A Feb Emp Paid Flex Spending/Dep Care 23-250-10-00 878.36 10-190-265-000-000 98.00 Total : 976.36 69145 3/28/2013 011196 FIDELITY SECURITY LIFE 4894485 March Employee Paid Vision Insurance 10-022-61-00 107.44 Total : 107.44 69146 3/28/2013 010693 ARROWHEAD UNITED WAY PR 3/1/13 & 3/15/13Contributions for PR 3/1/13 & 3/15/13 10-022-65-00 35.00 Total : 35.00 69147 3/28/2013 010996 CA PUB EMPLOYEES' RET. SYSTEM 904 March PERS Health-Retro B. Simon 1Page: 3.H.b Packet Pg. 72 At t a c h m e n t : c h e c k r e g i s t e r [ R e v i s i o n 2 ] ( 1 2 4 2 : C h e c k R e g i s t e r N o . 0 4 - 0 9 - 2 0 1 3 ) 04/03/2013 Voucher List CITY OF GRAND TERRACE 2 11:57:33AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 69147 3/28/2013 (Continued)010996 CA PUB EMPLOYEES' RET. SYSTEM 10-140-142-000-000 -2,173.19 10-190-265-000-000 38.28 09-440-142-000-000 2,401.75 10-120-142-000-000 633.09 10-125-142-000-000 317.35 10-140-142-000-000 358.15 10-172-142-000-000 419.35 10-175-142-000-000 578.02 10-185-142-000-000 136.01 10-370-142-000-000 521.35 10-380-142-000-000 453.35 10-450-142-000-000 181.34 10-625-142-000-000 206.27 16-175-142-000-000 566.69 21-175-142-000-000 317.35 21-625-142-000-000 88.40 32-200-142-000-000 547.88 10-022-61-00 4,843.77 Total : 10,435.21 69148 4/3/2013 001907 COSTCO #478 0478 14 0183 70 FOOD & SNACKS FOR ALL C.CARE PROGRAMS 09-440-220-000-000 132.27 Total : 132.27 69149 4/3/2013 006597 SCHOLASTIC BOOK FAIRS W3103615 Child Care Bookfair Fundraiser 23-200-14-00 1,487.32 Total : 1,487.32 69150 4/3/2013 011195 AMERICAN FIDELITY ASSURANCE CO 848590A March Emp Paid Flex Spending/Dep Care 23-250-10-00 878.36 Total : 878.36 69151 4/3/2013 011194 AMERICAN FIDELITY ASSURANCE CO A954207 March Emp Paid Acc/Sup Life/Sup STD 23-250-20-00 762.99 Total : 762.99 69152 4/3/2013 001206 ARROWHEAD CREDIT UNION Feb/Mar 2013 Feb/Mar Visa Charges 2Page: 3.H.b Packet Pg. 73 At t a c h m e n t : c h e c k r e g i s t e r [ R e v i s i o n 2 ] ( 1 2 4 2 : C h e c k R e g i s t e r N o . 0 4 - 0 9 - 2 0 1 3 ) 04/03/2013 Voucher List CITY OF GRAND TERRACE 3 11:57:33AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 69152 4/3/2013 (Continued)001206 ARROWHEAD CREDIT UNION 10-110-220-000-000 Council Mtg Refreshments/Funeral Floral 119.30 23-200-14-00 Tiny Tot Supplies (Fundraiser Funds) 289.65 09-440-228-000-000 Child Care Supplies 26.50 10-808-248-000-000 EOC Emergency Food Supply 298.04 10-808-247-000-000 EOC Battery Charger 30.30 10-190-246-000-000 Ink Cartridge for Postage Machine 237.55 10-140-210-000-000 Payroll Check Stock 41.60 Total : 1,042.94 69153 4/3/2013 001213 AT & T Mar 2013 Feb/Mar Phones & Internet Service 09-440-235-000-000 96.37 10-190-235-000-000 473.55 Total : 569.92 69154 4/3/2013 011206 MID-AMERICA ADMIN & RETIRE PR End 3/1/13 Contributions for PR End 3/1/13 10-022-68-00 249.58 Total : 249.58 69155 4/3/2013 011206 MID-AMERICA ADMIN & RETIRE PR End 3/15/13 Contributions for PR End 3/15/13 10-022-68-00 176.60 Total : 176.60 69156 4/9/2013 001185 APPLIANCE DOCTOR 010085 3 Ballasts 09-440-245-000-000 136.04 Total : 136.04 69157 4/9/2013 010293 AVAYA, INC.2732452292 MARCH PHONE/VOICEMAIL MAINT 10-190-246-000-000 183.46 Total : 183.46 69158 4/9/2013 001810 CITY NEWSPAPER GROUP 17628 MARCH NEWS RELEASE INSERTS 10-125-230-000-000 250.00 Total : 250.00 69159 4/9/2013 001840 CITY OF COLTON April Advance April Wastewater Treatment Advance 21-570-802-000-000 98,500.00 3Page: 3.H.b Packet Pg. 74 At t a c h m e n t : c h e c k r e g i s t e r [ R e v i s i o n 2 ] ( 1 2 4 2 : C h e c k R e g i s t e r N o . 0 4 - 0 9 - 2 0 1 3 ) 04/03/2013 Voucher List CITY OF GRAND TERRACE 4 11:57:33AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 98,500.00 69159 4/9/2013 001840 CITY OF COLTON 69160 4/9/2013 010403 CITY OF REDLANDS AR140983 February CNG Fuel 09-440-272-000-000 14.75 Total : 14.75 69161 4/9/2013 001867 COMMERCIAL LANDSCAPE SUPPLY 181603 SUPPLIES, CITYHALL/PARKS 10-450-245-000-000 627.87 Total : 627.87 69162 4/9/2013 001694 DEPARTMENT OF SOCIAL SERVICES, CA 360908486 ANNUAL LICENSING FEES-CHILD CARE PROGRAM 09-440-228-000-000 2,640.00 Total : 2,640.00 69163 4/9/2013 011061 EZ SUNNYDAY LANDSCAPE 2944 MARCH PARK MAINTENANCE 10-450-255-000-000 3,165.00 Total : 3,165.00 69164 4/9/2013 002710 FOX OCCUPATIONAL MEDICAL CT.68679-41290 FEBRUARY EMPLOYEE PHYSICAL 09-440-228-000-000 126.00 Total : 126.00 69165 4/9/2013 002740 FRUIT GROWERS SUPPLY 91219664 MAINT SUPPLIES 10-450-245-000-000 581.99 Total : 581.99 69166 4/9/2013 002760 G & R REFRIGERATION 51055 GENERAL MAINT- C.CARE FRIDGE/FREEZER 09-440-246-000-000 105.75 Total : 105.75 69167 4/9/2013 003213 HONEYWELL ACS SERVICE 5225576115 4th HVAC MAINT Agreement 10-195-257-000-000 5,743.00 Total : 5,743.00 69168 4/9/2013 003224 HYDRO-SCAPE PRODUCTS INC.7522802-00 PARK MAINT SUPPLIES 10-450-245-000-000 161.17 Total : 161.17 4Page: 3.H.b Packet Pg. 75 At t a c h m e n t : c h e c k r e g i s t e r [ R e v i s i o n 2 ] ( 1 2 4 2 : C h e c k R e g i s t e r N o . 0 4 - 0 9 - 2 0 1 3 ) 04/03/2013 Voucher List CITY OF GRAND TERRACE 5 11:57:33AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 69169 4/9/2013 011211 JAN-PRO CLEANING SYSTEMS 35233 MARCH JANITORIAL SVCS 10-195-245-000-000 641.00 10-450-245-000-000 334.00 Total : 975.00 69170 4/9/2013 011267 LAGERLOF, SENECAL, GOSNEY 47525 FEBRUARY LEGAL SVCS - WASTEWATER 21-175-250-000-000 1,106.25 Total : 1,106.25 69171 4/9/2013 010611 MCNABOE, DARCY March 2013 March Health Ins Reim-McNaboe 10-110-142-000-000 303.00 Total : 303.00 69172 4/9/2013 010097 NEXTEL COMMUNICATIONS 410575025-127 FEB/MAR CELL PHONE SVCS-MAINT/CHILD CARE 10-175-240-000-000 169.69 09-440-235-000-000 16.98 Total : 186.67 69173 4/9/2013 005400 OFFICE DEPOT 648779895-001 Office Supplies 10-140-210-000-000 34.08 649515377001 OFFICE SUPPLIES 10-172-210-000-000 53.93 10-175-210-000-000 53.93 10-808-210-000-000 4.51 Total : 146.45 69174 4/9/2013 005586 PETTY CASH 03282013 Replenish C.Care Petty Cash 09-440-210-000-000 9.99 09-440-220-000-000 8.86 09-440-223-000-000 54.85 09-440-228-000-000 72.58 Total : 146.28 69175 4/9/2013 005688 PROTECTION ONE 2588440 4TH QTR ALARM MONITORING-CITY HALL 10-195-247-000-000 104.01 Total : 104.01 69176 4/9/2013 011245 RAQUEL'S CLEANING SERVICE 0000009 MARCH C. CARE CLEANING SERVICES 5Page: 3.H.b Packet Pg. 76 At t a c h m e n t : c h e c k r e g i s t e r [ R e v i s i o n 2 ] ( 1 2 4 2 : C h e c k R e g i s t e r N o . 0 4 - 0 9 - 2 0 1 3 ) 04/03/2013 Voucher List CITY OF GRAND TERRACE 6 11:57:33AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 69176 4/9/2013 (Continued)011245 RAQUEL'S CLEANING SERVICE 09-440-244-000-000 1,000.00 Total : 1,000.00 69177 4/9/2013 006285 RIVERSIDE HIGHLAND WATER CO 2314 Vivienda Ave Grind & Overlay 16-900-257-000-000 4,990.00 Total : 4,990.00 69178 4/9/2013 006310 ROADRUNNER SELF STORAGE INC.15675 MARCH STORAGE RENTAL 10-140-241-000-000 124.00 Total : 124.00 69179 4/9/2013 006531 S.B. COUNTY SHERIFF 12574 APRIL LAW ENFORCEMENT 14-411-256-000-000 8,333.00 10-410-256-000-000 131,742.00 10-140-255-000-000 6,541.00 Total : 146,616.00 69180 4/9/2013 006898 SYSCO FOOD SERVICES OF L.A.303260397 3 FOOD & SUPPLIES FOR SNACK/LUNCHES FOR 09-440-220-000-000 528.47 Total : 528.47 69181 4/9/2013 011110 TIME WARNER CABLE 844840...3817 MAR/APR SR CNT CABLE & INTERNET SVCS 10-805-238-000-000 58.91 844840...3825 MAR/APR SR CNT CABLE & INTERNET SVCS 10-805-238-000-000 58.91 Total : 117.82 69182 4/9/2013 010864 WIRZ, MATT 04012013 March-Apr Mileage Reim-Wirz 21-175-271-000-000 41.07 Total : 41.07 69183 4/9/2013 007987 XEROX CORPORATION 066809008 February FEE FOR XEROX MACHINE 10-190-700-000-000 287.54 10-190-212-000-000 17.33 Total : 304.87 Bank total : 289,746.89 45 Vouchers for bank code :bofa 6Page: 3.H.b Packet Pg. 77 At t a c h m e n t : c h e c k r e g i s t e r [ R e v i s i o n 2 ] ( 1 2 4 2 : C h e c k R e g i s t e r N o . 0 4 - 0 9 - 2 0 1 3 ) 04/03/2013 Voucher List CITY OF GRAND TERRACE 7 11:57:33AM Page:vchlist Bank code :bofa Voucher Date Vendor Invoice Description/Account Amount 289,746.89Total vouchers :Vouchers in this report 45 7Page: 3.H.b Packet Pg. 78 At t a c h m e n t : c h e c k r e g i s t e r [ R e v i s i o n 2 ] ( 1 2 4 2 : C h e c k R e g i s t e r N o . 0 4 - 0 9 - 2 0 1 3 ) AGENDA REPORT MEETING DATE:April 9, 2013 Successor Agency Item TITLE:Status Report of the Purchase and Sale Agreement and Escrow Instructions Between the City of Grand Terrace City Council as the Successor Agency of the Community Redevelopment Agency and O'Reilly Automotive Stores, Inc. PRESENTED BY:Sandra Molina, Deputy Community Development Director RECOMMENDATION:1) Receive and File; and 2) Direct Staff to inform the Agency of the Department of Finance's subsequent determination once it is available. BACKGROUND: In April and May of 2012, the Successor Agency and Oversight Board, respectively, approved a Purchase and Sale Agreement between the Successor Agency and O’Reilly Automotive Stores, Inc. (“Agreement”) for the purchase of two Successor Agency parcels for the construction of an auto parts store. Since the opening of escrow O’Reilly has been conducting their due diligence, including review of the title commitments. Continuing review of the due diligence items have made it necessary to amend the Agreement twice; primarily to extend the Inspection Period and escrow closing date. Addendum One and Two were executed by the Executive Director, in accordance with the provisions of the original Agreement. Subsequently, on February 26, 2013, the Successor Agency adopted Resolution No. 2013-09-SA approving Addendum Three to the Purchase and Sale Agreement between the Successor Agency and O’Reilly Automotive Stores, Inc. (“O’Reilly”). On March 6, 2013 the Oversight Board adopted Resolution No. 2013-04 also approving Addendum Three. DISCUSSION: The original Agreement, including Addendum One and Two, required construction to begin by April 1, 2013, and one of the major provisions of Addendum Three extended this date to January 1, 2014. The extension of the beginning construction date was and continues to be appropriate because O’Reilly is still conducting due diligence, and does not yet have ownership of the parcels. Further, construction cannot begin until the site is cleared of an existing stockpile on the property. The costs associated with removal of the stockpile is the responsibility of the Agency; however, due to financial limitations, O'Reilly agreed to pay for the removal and disposal costs, subject to reimbursement by the Agency from escrow proceeds. (This was also included in Addendum Three.) Copies of the Successor Agency and Oversight Board Resolutions, including Addendum Three, were forwarded to the Department of Finance ("DOF") on March 7, 8.A Packet Pg. 79 2013. On March 12, 2013, the DOF informed the City that they were requesting review of the Successor Agency and Oversight Board actions. Until the DOF completes their review (approximately 100 days), Addendum Three cannot be executed. The purpose of this report is to inform the Successor Agency that the April 1, 2013, date has passed and construction has not commenced, in accordance with the original Agreement, because the property has not been transferred to O'Reilly pending DOF review of Addendum Three. Given that one of the provisions of Addendum Three is to extend the beginning construction date, the April 1st date is not yet a critical issue, but will be critical depending upon DOF response. Once the DOF completes their review and Addendum Three is executed, the new construction date of January 1, 2014, will apply. FISCAL IMPACT: There is no fiscal impact associated with this status report. APPROVALS: Sandra Molina Completed 04/04/2013 9:55 AM Richard Shields Completed 04/03/2013 10:57 AM Finance Completed 04/03/2013 12:02 PM City Attorney Completed 04/03/2013 12:03 PM Community Development Completed 04/03/2013 12:03 PM City Manager Completed 04/03/2013 12:03 PM City Council Pending 8.A Packet Pg. 80 AGENDA REPORT MEETING DATE:April 9, 2013 Successor Agency Item TITLE:Approval of Professional Consultant Services Agreement with the HdL Companies for Property Tax Consulting/Audit Services PRESENTED BY:Steve Elam, Finance Department RECOMMENDATION:Approve the attached Professional Consultant Services Agreement with The HdL Companies for Property Tax Consulting/Audit Services. BACKGROUND: On December 11, 2012, the Successor Agency amended and extended a Professional Consultant Services Agreement (Agreement) with The HdL Companies (HdL Coren & Cone) for property tax consulting/auditing services through June 30, 2014. The Agreement and accompanying resolution were approved by the Oversight Board on December 19, 2012; then submitted to the Department of Finance (DOF) for final approval. On January 31, 2013, the DOF issued an Objection to Oversight Board Action letter (copy attached), disapproving the Amendment to the Original Agreement on the grounds that it represented an amendment or modification to an existing agreement. The DOF cited Health & Safety Code Section 34163(c)(1), which prohibits an agency from amending or modifying existing agreements, obligations or commitments with any entity, for any purpose, including renewing or extending terms of agreements. There is no appeal process for DOF disapproval of actions of the Oversight Board; therefore, the Successor Agency’s recourse was to draft a new Agreement (attached) that no longer represents an extension of an existing agreement, but rather a new agreement for Successor Agency property tax consulting/auditing services. DISCUSSION: HdL Coren & Cone (HdL) is a recognized expert in providing property tax consulting and auditing services to cities and successor agencies throughout California. Their services are extensive and are enumerated in Exhibit ”A” of the proposed Agreement. Utilization of outside expertise such as HdL will help to ensure that property tax revenues due to the City and Successor Agency are received and properly allocated. Additionally, HdL provides extensive reports and analyses that are vital in preparing revenue projections used in budgeting and long-range forecasting. Services specific to the Successor Agency include: § Tax increment projections; § Cash flows for the Successor Agency by project area; § Assistance with Recognized Obligation Payment Schedules (ROPS); 8.B Packet Pg. 81 § Estimates of property tax revenues to be received by the taxing entities from former project areas; § Monitoring of the County distribution of tax-sharing revenues to the taxing entities of the former CRA; and § Assessment of resources available to the Successor Agency to meet the long-term obligations of the former CRA. In addition to the above services, HdL provides its clients with a web-based software application to access its proprietary property tax data, which further facilitates analysis. The cost of the services provided under the proposed Agreement are an annual fixed fee of $2,500, plus a contingency fee of 25% of net tax increment, property tax revenue or other revenues that result from HdL’s audit services. Upon approval of the proposed Agreement by the Successor Agency, it will be submitted to the Oversight Board for approval on April 17, 2013. FISCAL IMPACT: Funds for the proposed Agreement have been included in the Successor Agency’s adopted budget for FY 2012-13 (account 32-370-255), and also included in the Recognized Obligation Payment Schedule (ROPS) for January 1, 2013 through June 30, 2013 (ROPS 3) and July 1, 2013 through December 31, 2013 (ROPS 13-14A). ATTACHMENTS: ·Revised HdL Agreement ·DOF Denial Letter_Previous HdL Agreement APPROVALS: Steve Elam Completed 04/03/2013 3:05 PM Finance Completed 04/03/2013 3:52 PM City Attorney Completed 04/04/2013 9:01 AM City Manager Completed 04/04/2013 12:12 PM City Council Pending 8.B Packet Pg. 82 8.B.a Packet Pg. 83 At t a c h m e n t : R e v i s e d H d L A g r e e m e n t ( 1 2 4 4 : A g r e e m e n t w i t h H d L f o r S u c c e s s o r A g e n c y P r o p e r t y T a x S e r v i c e s ) 8.B.a Packet Pg. 84 At t a c h m e n t : R e v i s e d H d L A g r e e m e n t ( 1 2 4 4 : A g r e e m e n t w i t h H d L f o r S u c c e s s o r A g e n c y P r o p e r t y T a x S e r v i c e s ) 8.B.a Packet Pg. 85 At t a c h m e n t : R e v i s e d H d L A g r e e m e n t ( 1 2 4 4 : A g r e e m e n t w i t h H d L f o r S u c c e s s o r A g e n c y P r o p e r t y T a x S e r v i c e s ) 8.B.a Packet Pg. 86 At t a c h m e n t : R e v i s e d H d L A g r e e m e n t ( 1 2 4 4 : A g r e e m e n t w i t h H d L f o r S u c c e s s o r A g e n c y P r o p e r t y T a x S e r v i c e s ) 8.B.a Packet Pg. 87 At t a c h m e n t : R e v i s e d H d L A g r e e m e n t ( 1 2 4 4 : A g r e e m e n t w i t h H d L f o r S u c c e s s o r A g e n c y P r o p e r t y T a x S e r v i c e s ) 8.B.a Packet Pg. 88 At t a c h m e n t : R e v i s e d H d L A g r e e m e n t ( 1 2 4 4 : A g r e e m e n t w i t h H d L f o r S u c c e s s o r A g e n c y P r o p e r t y T a x S e r v i c e s ) 8.B.a Packet Pg. 89 At t a c h m e n t : R e v i s e d H d L A g r e e m e n t ( 1 2 4 4 : A g r e e m e n t w i t h H d L f o r S u c c e s s o r A g e n c y P r o p e r t y T a x S e r v i c e s ) 8.B.a Packet Pg. 90 At t a c h m e n t : R e v i s e d H d L A g r e e m e n t ( 1 2 4 4 : A g r e e m e n t w i t h H d L f o r S u c c e s s o r A g e n c y P r o p e r t y T a x S e r v i c e s ) 8.B.a Packet Pg. 91 At t a c h m e n t : R e v i s e d H d L A g r e e m e n t ( 1 2 4 4 : A g r e e m e n t w i t h H d L f o r S u c c e s s o r A g e n c y P r o p e r t y T a x S e r v i c e s ) 8.B.a Packet Pg. 92 At t a c h m e n t : R e v i s e d H d L A g r e e m e n t ( 1 2 4 4 : A g r e e m e n t w i t h H d L f o r S u c c e s s o r A g e n c y P r o p e r t y T a x S e r v i c e s ) 8.B.a Packet Pg. 93 At t a c h m e n t : R e v i s e d H d L A g r e e m e n t ( 1 2 4 4 : A g r e e m e n t w i t h H d L f o r S u c c e s s o r A g e n c y P r o p e r t y T a x S e r v i c e s ) 8.B.a Packet Pg. 94 At t a c h m e n t : R e v i s e d H d L A g r e e m e n t ( 1 2 4 4 : A g r e e m e n t w i t h H d L f o r S u c c e s s o r A g e n c y P r o p e r t y T a x S e r v i c e s ) 8.B.a Packet Pg. 95 At t a c h m e n t : R e v i s e d H d L A g r e e m e n t ( 1 2 4 4 : A g r e e m e n t w i t h H d L f o r S u c c e s s o r A g e n c y P r o p e r t y T a x S e r v i c e s ) 8.B.a Packet Pg. 96 At t a c h m e n t : R e v i s e d H d L A g r e e m e n t ( 1 2 4 4 : A g r e e m e n t w i t h H d L f o r S u c c e s s o r A g e n c y P r o p e r t y T a x S e r v i c e s ) 8.B.a Packet Pg. 97 At t a c h m e n t : R e v i s e d H d L A g r e e m e n t ( 1 2 4 4 : A g r e e m e n t w i t h H d L f o r S u c c e s s o r A g e n c y P r o p e r t y T a x S e r v i c e s ) 8.B.a Packet Pg. 98 At t a c h m e n t : R e v i s e d H d L A g r e e m e n t ( 1 2 4 4 : A g r e e m e n t w i t h H d L f o r S u c c e s s o r A g e n c y P r o p e r t y T a x S e r v i c e s ) 8.B.b Packet Pg. 99 At t a c h m e n t : D O F D e n i a l L e t t e r _ P r e v i o u s H d L A g r e e m e n t ( 1 2 4 4 : A g r e e m e n t w i t h H d L f o r S u c c e s s o r A g e n c y P r o p e r t y T a x S e r v i c e s )