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08/11/2020CITY OF GRAND TERRACE CITY COUNCIL AGENDA ● AUGUST 11, 2020 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 PUBLIC ADVISORY: THE COUNCIL CHAMBER IS NOW OPEN TO THE PUBLIC!! Beginning June 15, 2020, the City of Grand Terrace will reopen its public meetings. Therefore, the regular meeting of the City Council for August 11, 2020 is now open to the public. Please be advised that face masks are required, social distancing will be practiced, and occupancy limits will be enforced. Please note that Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the regular meeting of the City Council for August 11, 2020 will also be conducted telephonically through Zoom and broadcast live on the City’s website. COMMENTS FROM THE PUBLIC The public is encouraged to address the City Council on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council, you are invited to provide your name to the City Clerk who will be compiling a list of speakers. Speakers will be called upon by the Mayor at the appropriate time and each person is allowed three (3) minutes speaking time. If you would like to participate telephonically and speak on an agenda item, you can access the meeting by dialing the following telephone number and you will be placed in the waiting room, muted until it is your turn to speak: *67 1-669-900-9128 Enter Meeting ID: 825 1403 1862 Password: 588443 The City wants you to know that you can also submit your comments by email to ccpubliccomment@grandterrace-ca.gov. To give the City Clerk adequate time to print out your comments for consideration at the meeting, please submit your written comments prior to 5:00 p.m.; or if you are unable to email, please call the City Clerk’s Office at (909) 824-6621 x230 by 5:00 p.m. If you wish to have your comments read to the City Council during the appropriate Public Comment period, please indicate in the Subject Line “FOR PUBLIC COMMENT” and list the item number you wish to comment on. Comments that you want read to the City Council will be subject to the three (3) minute time limitation (approximately 350 words). Pursuant to the provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting. PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 1st Floor Lobby Area and 2nd Floor Reception Area during regular business hours and on the City’s website www.grandterrace-ca.gov. For further information regarding agenda items, please contact the office of the City Clerk at (909) 824-6621 x230, or via e-mail at dthomas@grandterrace-ca.gov. 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.grandterrace-ca.gov. Agenda Grand Terrace City Council August 11, 2020 City of Grand Terrace Page 2 AMERICANS WITH DISABILITIES ACT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office, (909) 824-6621 x230 at least 48 hours prior to the advertised starting time of the meeting. This will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Later requests will be accommodated to the extent feasible. CALL TO ORDER Convene City Council Pledge of Allegiance Roll Call Attendee Name Present Absent Late Arrived Mayor Darcy McNaboe    Mayor Pro Tem Doug Wilson    Council Member Sylvia Robles    Council Member Bill Hussey    Council Member Jeff Allen    A. SPECIAL PRESENTATIONS Eagle Project Presented by Life Scout Joseph McClelland, Troop 40, Grand Terrace Certificates of Recognition - Employees of Wilden Pump & Engineering and Ronald McDonald House B. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA C. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City 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. 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK Agenda Grand Terrace City Council August 11, 2020 City of Grand Terrace Page 3 2. Approval of Minutes – Regular Meeting – 07/28/2020 DEPARTMENT: CITY CLERK 3. Attachment to Minutes - 07/28/2020 DEPARTMENT: CITY CLERK 4. First Amendment to the Amended and Restated Cooperation Agreement Between the City of Grand Terrace and County of San Bernardino for Participation and Implementation of the Community Development Block Grant Program RECOMMENDATION: (a) Approve the First Amendment to the Amended and Restated Cooperation Agreement between the City of Grand Terrace and County of San Bernardino for Participation and Implementation of the Community Development Block Grant Program (b) Authorize the Mayor or City Manager, as necessary, to execute the First Amendment DEPARTMENT: PUBLIC WORKS 5. Approval of the July-2020 Check Register in the Amount of $747,834.66 RECOMMENDATION: Approve the Check Register No. 07312020 in the amount of $747,834.66 as submitted, for the period ending July 31, 2020. DEPARTMENT: FINANCE 6. May 21, 2020 & June 18, 2020 Planning Commission - Site and Architectural Review Board Meeting Minutes RECOMMENDATION: Receive and file. DEPARTMENT: CITY CLERK D. 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. Agenda Grand Terrace City Council August 11, 2020 City of Grand Terrace Page 4 E. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Council Member Bill Hussey Council Member Sylvia Robles Mayor Pro Tem Doug Wilson Mayor Darcy McNaboe F. PUBLIC HEARINGS - NONE G. UNFINISHED BUSINESS - NONE H. NEW BUSINESS 7. A Resolution of the City Council Declaring that an Emergency Exists that Requires Waiver of Formal Competitive Bidding Requirements for the “Rehabilitation of Grand Terrace Road, North of Newport Avenue Project,” and Authorizing the City Manager to Enter into and Sign a Contract for Such Project in an Amount Not to Exceed $60,000 Subject to City Attorney Approval as to Form RECOMMENDATION: 1. Approve a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA FINDING THAT AN EMERGENCY EXISTS AS DEFINED AND USED BY PUBLIC CONTRACT CODE SECTIONS 1102, 20168, AND 22050; DECLARING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH, OR PROPERTY; AND MAKING FINDINGS RELATED THERETO WITH RESPECT TO THE REHABILITATION OF DETERIORATED GRAND TERRACE ROAD, NORTH OF NEWPORT AVENUE AND THAT THE EMERGENCY WILL NOT PERMIT A DELAY RESULTING FROM A COMPETITIVE SOLICITATION FOR BIDS, AND THAT THE ACTION IS NECESSARY TO RESPOND TO THE EMERGENCY; AUTHORIZING THE CITY MANAGER TO DISPENSE WITH FORMAL COMPETITIVE BIDDING; AND AUTHORIZING THE CITY MANAGER TO ENTER THE NECESSARY CONTRACT(S) TO CARRY OUT THE “REHABILITATION OF GRAND TERRACE ROAD, NORTH OF NEWPORT AVENUE, PROJECT” IN A TOTAL AMOUNT NOT TO EXCEED $60,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT(S), SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM.” 2. Approve the appropriation of $60,000 from the Gas Tax Fund Balance to respond to the emergency. Agenda Grand Terrace City Council August 11, 2020 City of Grand Terrace Page 5 DEPARTMENT: PUBLIC WORKS 8. Presentations on the Merits of Enhanced Law Enforcement Services and Appropriation of $100,000 from the General Fund, Fund Balance for the Implementation of a 30-Hour Deputy in FY2020-21. RECOMMENDATION: 1. Receive Presentation on the Merits of Enhanced Law Enforcement; and 2. Authorize the Appropriation of $100,000 from the General Fund, Fund Balance for the Implementation of a 30-hour Deputy in FY2020-21. DEPARTMENT: CITY MANAGER 9. Requested Future Council Agenda Items • Long Term Energy Efficiency Goals • Prohibit Use Gas Leaf Blowers • Regional Joint Powers Policing Authority • Increase Fines for Illegal Fireworks (Sheriff) • Storm Drain Master Plan • City Holiday Tree Purchase • Review San Bernardino Air Traffic Pattern over the City of Grand Terrace • Cannabis Related Activities and Licensing in the City • Create Master Plan for Long Term Underground Utilities • Wireless Telecommunications Facilities to Install Lights on Poles if They Install New Poles for its Wireless Facilities • Request Survey and Cost Estimate for Installation of Street Lights on Existing Power Poles • Ordinance Prohibiting the Sale of E-Cigarettes and Flavored Tobacco Products • City’s Rental Inspection Program Review • Truck Traffic Control Devices • Transient Occupancy Tax • Maintaining Local Control of Energy Solutions • Planning Commission Alternate Appointments • Three-Way Stop Sign at the Intersection of Canal and Newport • Discussion on Need for Greater Speed Reduction and Control in the City • Request to Revise the City’s Municipal Code to Authorize the City Council to Appoint the Planning Commission Chair • Request to Discuss Planning Commission Need to Review the City’s General Plan and Direct Staff to Prepare Schedule • Update City’s Emergency Operations Plan • Evaluation of Zoning Near School Properties • Model Resolutions Supporting Balanced Energy Solutions RECOMMENDATION: Review and Discuss Council Recommended Future Agenda Items and Provide Staff Direction Agenda Grand Terrace City Council August 11, 2020 City of Grand Terrace Page 6 DEPARTMENT: CITY MANAGER I. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL Pursuant to City Council policy set forth in the 2030 Vision and 2014 ‐2020 Strategic Plan, if a City Council Member is interested in a task or project that will require more than one hour of staff time to complete, the item will be agendized to ask the City Council if time should be spent on preparing a report on the proposed item. In accordance with this policy, this is the opportunity for City Council Members to request that an item be placed on a future agenda and authorize staff to prepare an agenda report. To ensure compliance with the Brown Act, the request shall be submitted to the City Manager at least one week in advance of the meeting so that the topic can be included on the agenda under this section. In order for any listed item to be placed on a future agenda, the City Council must act by formal motion (i.e., requires a motion and a second) to direct the City Manager to place the item on a future agenda. Pursuant to the requirements of the Brown Act, no other items may be considered other than those listed below. 1. Identify the City of Grand Terrace as a WiFi Hotspot Requested by: Council Member Jeff Allen J. CITY MANAGER COMMUNICATIONS K. CLOSED SESSION - NONE L. ADJOURN The Next Regular City Council Meeting will be held on Tuesday, August 25, 2020 at 6:00 PM. Any request to have an item placed on a future agenda must be made in writing and submitted to the City Clerk’s office and the request will be processed in accordance with Council Procedures. CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● JULY 28, 2020 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Mayor Darcy McNaboe convened the Regular Meeting of the City Council for Tuesday, July 28, 2020 at 6:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Darcy McNaboe. Attendee Name Title Status Arrived Darcy McNaboe Mayor Present Doug Wilson Mayor Pro Tem Remote Sylvia Robles Council Member Remote Bill Hussey Council Member Remote Jeff Allen Council Member Present G. Harold Duffey City Manager Present Adrian Guerra City Attorney Present Debra Thomas City Clerk Present Steven Weiss Planning & Development Services Director Present Cynthia A. Fortune Assistant City Manager Remote Craig Bradshaw Interim Public Works Director Present A. SPECIAL PRESENTATIONS Natalie Zuk, The Red Brennan Group gave a PowerPoint presentation on Fire Prevention Zone Five Expansion B. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA None. C.2 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 J u l 2 8 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 28, 2020 City of Grand Terrace Page 2 C. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Sylvia Robles, Council Member AYES: McNaboe, Wilson, Robles, Hussey, Allen 1. Waive Full Reading of Ordinances on Agenda 2. Approval of Minutes – Regular Meeting – 07/14/2020 APPROVE THE REGULAR MEETING MINUTES OF JULY 14, 2020 3. Attachment to Minutes - 07/14/2020 APPROVE THE ATTACHMENTS TO THE REGULAR MEETING MINUTES OF JULY 14, 2020 4. City Department Monthly Activity Report - May 2020 RECEIVE AND FILE. D. PUBLIC COMMENT None. E. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Council Member Jeff Allen - Nothing to Report Council Member Bill Hussey Council Member Bill Hussey announced family members have contracted the coronavirus and he and his family are in quarantine. Council Member Sylvia Robles Council Member Sylvia Robles announced the recent passing of her brother, Jesse David Rodriguez due to a head injury. She wanted to caution the public about using ladders and suggested hiring a handyman. Mayor Pro Tem Doug Wilson Mayor Pro Tem Doug Wilson attended the unveiling of the new bronze City of Grand Terrace sign at the south entry on Barton Road. Mayor Darcy McNaboe Mayor Darcy McNaboe - Nothing to report as her Board meetings were dark for the month of July. C.2 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 J u l 2 8 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 28, 2020 City of Grand Terrace Page 3 Mayor McNaboe did attend the unveiling of the City of Grand Terrace entryway sign. F. PUBLIC HEARINGS 5. Hearing of Appeals of Delinquent Refuse, Sewer and Rental Inspection Fees; Adoption of Resolutions to Collect Said Delinquent Fees on the Tax Roll and for the Placement Of Assessments for Said Delinquent Fees on Properties Located in the City; Approval of City and District (Landscaping and Lighting Maintenance) Agreements with the County for Collection of Fees, Assessment and Taxes in Fiscal Year 2020-2021 Todd Nakasaki, Management Analyst gave the PowerPoint presentation for this item. Mayor McNaboe opened the Public Hearing at 6:40 p.m. Mayor McNaboe closed the Public Hearing at 6:42 p.m. 1) CONDUCT A PUBLIC HEARING TO HEAR APPEALS OF DELINQUENT FEES THAT ARE PROPOSED FOR ADOPTION AND ASSESSMENT ON THE TAX ROLLS OF THE COUNTY TAX ASSESSOR. 2) ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING A REPORT OF DELINQUENT REFUSE AND SEWER USER FEES AND DIRECTING THAT SUCH DELINQUENT FEES BE COLLECTED ON THE TAX ROLL AND BE IMPOSED AS AN ASSESSMENT UPON PROPERTY WITHIN THE CITY OF GRAND TERRACE 3) ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING A REPORT OF DELINQUENT NON-OWNER OCCUPIED RENTAL PROPERTY PROGRAM FEES AND FINES AND DIRECTING THAT SUCH DELINQUENT FEES BE COLLECTED ON THE TAX ROLL AND BE IMPOSED AS A ASSESSMENT LIEN UPON PROPERTY WITHIN THE CITY OF GRAND TERRACE 4) APPROVE THE AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR CITY AND DISTRICT (LANDSCAPING AND LIGHTING MAINTENANCE) AGREEMENTS FOR COLLECTION OF SPECIAL TAXES, FEES, AND ASSESSMENTS FISCAL YEAR 2020-21 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Doug Wilson, Mayor Pro Tem AYES: McNaboe, Wilson, Robles, Hussey, Allen C.2 Packet Pg. 9 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 J u l 2 8 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 28, 2020 City of Grand Terrace Page 4 G. UNFINISHED BUSINESS - NONE H. NEW BUSINESS 6. Accept CARES Act Funding of $153,425 and Authorize Expenditures of Said Funding for COVID Related Purposes Cynthia Fortune, Assistant City Manager gave the PowerPoint presentation for this item. 1. RECEIVE THE CITY’S SHARE OF CARES ACT FUNDING OF $153,425; AND 2. APPROVE THE REVENUE AND EXPENDITURE APPROPRIATIONS TO AVAIL OF THESE FUNDS IN ORDER TO COVER EXPENDITURES IN RESPONSE TO COVID-19. RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Council Member SECONDER: Jeff Allen, Council Member AYES: McNaboe, Wilson, Robles, Hussey, Allen 7. Authorization to Use CARES Act Funds Toward Building Permit Fees for the Development of Taco Bell Restaurant on the Corner of Barton Road and Vivienda/Commerce Way and Authorization to Negotiate Economic Development Agreement for Sales Tax Rebate Program for Taco Bell G. Harold Duffey, City Manager gave the PowerPoint presentation for this item. PUBLIC COMMENT Burt Seuylemezian, Grand Terrace expressed his concern that the incentive being offered to Taco Bell has not been offered to any other business in the City and should be offered to every business coming to the City, especially small businesses. 1. APPROVE IN AN AMOUNT NOT TO EXCEED $35,000 THE USE OF CARES ACT FUNDS OR REDEVELOPMENT BOND PROCEEDS TO BE USED TOWARDS CITY BUILDING PERMIT FEES FOR THE PROPOSED TACO BELL; AND 2. DIRECT THE CITY MANAGER TO NEGOTIATE THE TERMS OF AN ECONOMIC INCENTIVE AGREEMENT WITH SERJ TACO CALIFORNIA, WHICH INCLUDES A 5 YEAR SALES TAX REBATE PROGRAM; AND C.2 Packet Pg. 10 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 J u l 2 8 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 28, 2020 City of Grand Terrace Page 5 3. AUTHORIZE THE CITY ATTORNEY TO DRAFT THE AGREEMENT ACCORDINGLY FOR FINAL APPROVAL BY THE CITY COUNCIL AT A FUTURE MEETING. RESULT: APPROVED [UNANIMOUS] MOVER: Doug Wilson, Mayor Pro Tem SECONDER: Bill Hussey, Council Member AYES: McNaboe, Wilson, Robles, Hussey, Allen 8. Outdoor Dining Land Use Application Program and Economic Incentive Program to Support Local Restaurants Transition to Outdoor Dining Steve Weiss, Planning & Development Services Director gave the PowerPoint presentation for this item. PUBLIC COMMENT Mike Miller, Woody’s Classic Grill provided written correspondence in support of the Outdoor Dining Land Use Application Program and Economic Incentive Program 1. APPROVE OUTDOOR DINING LAND USE APPLICATION PROGRAM AND WAIVE FEES ASSOCIATED WITH PERMIT PROCESS; AND 2. APPROVE ECONOMIC INCENTIVE PROGRAM INVOLVING DISTRIBUTION OF $50,000 IN CARES ACT FUNDS TO ELIGIBLE LOCAL RESTAURANTS TO TRANSITION TO OUTDOOR DINING RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Doug Wilson, Mayor Pro Tem AYES: McNaboe, Wilson, Robles, Hussey, Allen 9. Authorization and Use of Electronic Records and Signatures Debra Thomas, City Clerk gave the PowerPoint presentation for this item. ADOPT A RESOLUTION OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING AN ELECTRONIC RECORDS AND SIGNATURE USE POLICY AND AUTHORIZING THE USE OF ELECTRONIC RECORDS AND SIGNATURES RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Sylvia Robles, Council Member AYES: McNaboe, Wilson, Robles, Hussey, Allen 10. FY2019-20 Year-End Budget Update and FY2020-21 Proposed Budget Revisions Cynthia Fortune, Assistant City Manager gave the PowerPoint presentation for this item. C.2 Packet Pg. 11 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 J u l 2 8 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 28, 2020 City of Grand Terrace Page 6 Mayor Pro Tem Wilson moved with a second from Council Member Robles to: 1. RECEIVE AND FILE THE FY2019-20 YEAR END REPORT; AND 2. REVIEW AND APPROVE THE REVISED FY2020-21 BUDGET WITH THE PROPOSED ADJUSTMENT. Council Member Allen submitted an alternate motion to: 1. RECEIVE AND FILE THE FY2019-20 YEAR END REPORT; 2. REVIEW AND APPROVE THE REVISED FY2020-21 BUDGET WITH THE PROPOSED ADJUSTMENTS; 3. REVIEW AND APPROVE THE REQUESTED REVENUE AND EXPENSE APPROPRIATIONS IN THE GENERAL FUND FOR FY2020-21 AND PROPOSE AND APPROVE ADDITIONAL PROGRAMS AND/OR ACTIVITIES, SHOULD CITY COUNCIL DESIRE IN ACCORDANCE WITH THE CITY COUNCIL APPROVED PRIORITIES LIST. Mayor McNaboe seconded the motion to approve but asked Council Member Allen to stipulate that the City Council return in six (6) months to review. Council Member Allen agreed. RESULT: APPROVED [4 TO 1] MOVER: Jeff Allen, Council Member SECONDER: Darcy McNaboe, Mayor AYES: Darcy McNaboe, Sylvia Robles, Bill Hussey, Jeff Allen NAYS: Doug Wilson I. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL 1. Motion: Planning Commission Alternates Requested by: Mayor Darcy McNaboe RESULT: ADOPTED [4 TO 1] MOVER: Darcy McNaboe, Mayor SECONDER: Jeff Allen, Council Member AYES: Darcy McNaboe, Sylvia Robles, Bill Hussey, Jeff Allen NAYS: Doug Wilson C.2 Packet Pg. 12 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 J u l 2 8 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 28, 2020 City of Grand Terrace Page 7 2. Motion: Truck Traffic Control Devices Requested by: Council Member Jeff Allen RESULT: ADOPTED [4 TO 1] MOVER: Jeff Allen, Council Member SECONDER: Bill Hussey, Council Member AYES: Darcy McNaboe, Sylvia Robles, Bill Hussey, Jeff Allen NAYS: Doug Wilson 3. Motion: Three-Way Stop Sign at the Intersection of Canal and Newport Requested by: Council Member Jeff Allen RESULT: ADOPTED [4 TO 1] MOVER: Jeff Allen, Council Member SECONDER: Darcy McNaboe, Mayor AYES: Darcy McNaboe, Sylvia Robles, Bill Hussey, Jeff Allen NAYS: Doug Wilson J. CITY MANAGER COMMUNICATIONS None. K. CLOSED SESSION - NONE L. ADJOURN Mayor McNaboe adjourned the Regular Meeting of the City Council in memory of Council Member Robles’ brother, Jesse David Rodriguez at 8:15 p.m. The Next Regular Meeting of the City Council will be held on Tuesday, August 11, 2020 at 6:00 p.m. _________________________________ Darcy McNaboe, Mayor _________________________________ Debra L. Thomas, City Clerk C.2 Packet Pg. 13 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 J u l 2 8 , 2 0 2 0 6 : 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 ● JULY 28, 2020 Council Chamber Special Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace ATTACHMENTS TO July 28, 2020 City Council Minutes PowerPoint Presentations C.3 Packet Pg. 14 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Fire Protection Zone 5 Presented by Natalie Zuk, The Red Brennan Group What is Fire Protection Zone 5? ●FP-5 ● Originated in Helendale, CA ● Passed by 1,022 voters ● $117 special tax with a 3% annual increase ● Expanded in October of 2018 to include all unincorporated areas of San Bernardino County plus the cities of Yucca Valley and Grand Terrace. C.3 Packet Pg. 15 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Helendale “State law provides that a special tax can only be imposed if at least 2/3 of the voters registered in the area of the proposed special tax that return their ballots vote in favor of the tax.” - San Bernardino County Registrar of Voters, April 2006 “No local government may impose, increase, or extend any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote.” -Article XIII C, Section 2(d) C.3 Packet Pg. 16 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) ● 2016-17: Cites of San Bernardino, Upland, Needles annexed into FP-5 ● San Bernardino County Fire Department budget shortfall $29,000,000 ● LAFCO Protest Process ● October 16th 2018 Board of Supervisors Special Meeting The Expansion C.3 Packet Pg. 17 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Number of Fire Stations decreased by 14% County Fire Budget increased by 99% ● Property Tax Rate: 1.15% ● Residents pay 10% of that 1.15% Ad Valorem property tax rate to the County Fire Department ●For example: A Grand Terrace home assessed at $373,750 pays $4,298.13 in annual property taxes. 10% ($429.81) of that $4298 goes to County Fire, on top of the $157.26 fire service tax for a grand total of $587.07 per parcel, or about $49.92/mo. ● About 3,900 parcels of land in Grand Terrace ● ~$629,000 from FP-5 Grand Terrace C.3 Packet Pg. 18 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) The Red Brennan Group Website: https://redbrennan.org/ San Bernardino County Fire Website: https://www.sbcfire.org/ServiceZoneFP-5.aspx For More Information… C.3 Packet Pg. 19 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) PUBLIC HEARING DELINQUENT REFUSE, SEWER, AND RENTAL  INSPECTION FEES 7/28/2020 REFUSE, SEWER, AND RENTAL FEES City of Grand  Terrace City of  Colton Burrtec Rental  Property County Assessor C.3 Packet Pg. 20 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) JUN 22, 2020 Notice sent to residents JUL 13, 2020 List of accounts not paid by July 3rd submitted to  County as “Preliminary List” JUL 28, 2020 Council Agenda includes list with delinquent  accounts not paid by July 16th. AUG 10, 2020 List of accounts not paid by July 29th submitted to  County as “First List of Special Assessments” AUG 31, 2020 List of accounts not paid by August 18 th submitted  to County as “Final Corrected List of Special  Assessments” DELINQUENT ACCOUNT LIST TIMELINE QUESTIONS? C.3 Packet Pg. 21 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) C.3 Packet Pg. 22 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) C.3 Packet Pg. 23 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) C.3 Packet Pg. 24 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) C.3 Packet Pg. 25 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) C.3 Packet Pg. 26 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Economic Development Program Taco Bell C.3 Packet Pg. 27 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) •Project‐ Approved 12/12/2020 22172 Barton  RD 2080 Sq. Ft.  Drive‐ Thru  Restaurant C.3 Packet Pg. 28 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) C.3 Packet Pg. 29 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Potential Revenue For City Sales Sales Taxes Property Taxes Total Revenue $1.2 M $12,000 $5,500 $17,500 $1.6 M $16,000 $5,500 $21,500 Payment of City Fees C.3 Packet Pg. 30 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) If Council Approves  Payment of City  Building Permit Fees: Taco Bell would pay approximately  $30,000 in other Permit Fees to  Other Agencies Sales Tax Rebate Program will be  negotiated for  C.3 Packet Pg. 31 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Sales Tax Rebate Program  Sales Sales Taxes Property Taxes Total Revenue Sales Tax Rebate City Revenue $1.2 M $12,000 $5,500 $17,500 $8,300 $9,200 $1.6 M $16,000 $5,500 $21,500 $21,500 $21,500 Project Total Cost is Estimated to be $2,000,000 C.3 Packet Pg. 32 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Available for Any Questions C.3 Packet Pg. 33 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Planning Commission Outdoor Dining Land Use Application Incentive Program July 28, 2020 Goal Goal #3 – Encourage well‐ designed temporary  outdoor dining in  shopping center parking  lots needed to support  local eateries C.3 Packet Pg. 34 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Background On July 1, 2020, Governor Gavin Newsom  ordered restaurants to halt indoor dining  service, erasing any progress local business  made toward rebuilding their business, since  the initial shutdown in March Background Governor Newsom directed all 58 counties  to close bars and shutter indoor  restaurants, movie theaters and wineries  indefinitely. He also ordered 27 counties on  the state’s watch list to close gyms,  churches, offices, hair salons, indoor malls,  and other businesses effective immediately.  San Bernardino County is on the State’s  watch list C.3 Packet Pg. 35 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) ‘New Normal” Local restaurants were adapting to the  “New Normal” by operating at 50%  capacity indoors as they strived to  comply with social distancing and  increase sanitary regulations. The recent  closure of indoor dining may result in  permanent closure of local restaurants  as takeout orders may not be enough to  sustain overall operating costs Outdoor Dining While local restaurants must close indoor  operations, outdoor dining is still allowed and  even extends to bars, brewpubs, breweries (if  they are offering sit‐down), outdoor dine‐in  meals. Alcohol can only be sold in the same  transaction as a meal. While some businesses  are trying to provide outdoor dining within the  area of their restaurant, many restaurants are  expanding the outdoor dining option with the  use of common areas and parking lots C.3 Packet Pg. 36 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Grand Terrace There are seven sit‐down restaurants in Grand  Terrace currently and two businesses that meet the  definition of bar or brew pub. If these businesses  would like to expand their service or remain open  via outdoor dining, they will need to file a no cost  Land Use Permit with the City of Grand Terrace.   Staff has developed an easy over the counter  process provided the business or owner of a center  grants permission to use a portion of their parking  lot or common area for outdoor dining. The Land  Use Application Fee normally assessed will be  waived Fee Waiver Staff is also recommending that  the City allocate a maximum of  $2,500 a month economic  hardship assistance per business  for two months and waive the $97  Land Use Application Fee. This  monthly assistance is fully  reimbursed directly to the City of  Grand Terrace through the  County’s CARES Act allocation C.3 Packet Pg. 37 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Over the  counter  Restaurant owners must  complete an over the counter  City of Grand Terrace Land  Use Application, comply with  the Public Health Department  Restaurant Guidelines, and, be  a part of the County of San  Bernardino COVID‐19  Compliance Business  Partnership Program to be  eligible for the monthly  assistance Example C.3 Packet Pg. 38 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Recommendation The proposed Outdoor Dining Program,  waiver of permit fees, and distribution  of CARES Act funding will benefit the  community because it will allow Grand  Terrace restaurants to operate during  the pandemic, provide continued  employment , and provide the  opportunity for our residents to enjoy a  dining experience outside of their  homes, which has been severely  restricted since the start of the  pandemic. Planning Commission Outdoor Dining Land Use Application Incentive Program July 28, 2020 C.3 Packet Pg. 39 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) AUTHORIZATION AND USE OF ELECTRONIC RECORDS AND SIGNATURES 2020 VISION STATEMENT Goal #1, Ensure Our Fiscal Viability by Exploring Creative Means to Provide Services Goal #5, Engage in Proactive Communication by Utilizing Technology and Web-Based Tools to Disseminate Information C.3 Packet Pg. 40 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) BACKGROUND •Recent amendments to the Uniform Electronic Transactions Act (UETA), as well as increasing usage of electronic records and signatures, has made it possible for parties to rely upon the UETA and impose policies and procedures regarding electronic records and signatures in their organizations. •Benefits of allowing electronic signatures include: reduced time, paper and costs associated with transmitting and approving physical documents; improved customer service and convenience to those performing transactions with the City; enhanced records management; best practices; and the creating of an easily accessible audit trail of when documents are modified and signed. C.3 Packet Pg. 41 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) The focus of the UETA is to empower parties to utilize electronic records and signatures to the fullest extent possible, while still maintaining the security and consistency of traditional records and signatures. The proposed resolution and policy allows for the use of electronic records and signatures for any internal or external city business and in any transaction or communication in which the parties have agreed to the use of electronic records and signatures. C.3 Packet Pg. 42 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) The policy allows for two forms of electronic signatures: 1. The first option is the electronic signature, and it is defined in the statute as “an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record.” This is the simpler signature option available under the UETA. 2. This form of signature is defined as “an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature.” A digital signature must conform to the requirements of the California Secretary of State and must satisfy the following elements: •It is unique to the person using it. •It is capable of verification. •It is under the sole control of the person using it. •It is linked to data in such a manner that if the data are changed, the digital signature is invalidated. •It conforms to regulations adopted by the Secretary of State. C.3 Packet Pg. 43 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Digital signatures, like handwritten signatures, are unique to each signer. Digital signature solution providers follow a specific protocol called Public Key Cryptography, which is an acceptable technology for use by public entities in California. When a signer electronically signs a document, the signature is created using the signer’s private key, which is always securely kept by the signer. The City can balance the ease of use of electronic signatures against the increased security of the digital signature and may make this decision per each individual agreement. C.3 Packet Pg. 44 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) RECOMMENDATION Therefore, it is Staff recommendation that the City Council adopt the resolution. QUESTIONS? C.3 Packet Pg. 45 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 2 C.3 Packet Pg. 46 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 3 4 C.3 Packet Pg. 47 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 5 2019-20 Approved Budget Original Proposed Adjusts June-2020 Year-end Projection 2019-20 Year-to-Date Actuals Revised Adjusts 2019-20RevisedYear-End REVENUES Property Tax (Gen Levy) $1,971,250 ($79,990)$1,891,260 $2,041,758 $150,498 $2,041,758 Residual Receipts-RPTTF $1,442,400 $610 $1,443,010 $1,911,591 $468,581 $1,911,591 Residual Receipts-Hous $0 $0 $0 $1,440 $1,440 $1,440 Franchise Fees $534,790 ($97,261)$437,529 $469,286 $31,757 $469,286 Licenses, Fees & Permits $456,510 ($127,423)$329,087 $311,720 ($17,367)$311,720 Sales Tax $785,400 ($110,370)$675,030 $594,470 $39,440 $714,470 Intergovernmental Revenue/Grants $26,500 $37,208 $63,708 $35,937 ($27,771)$35,937 Charges for Services $207,900 ($127,601)$80,299 $116,422 $36,123 $116,422 Fines & Forfeitures $72,500 ($20,413)$52,087 $69,653 $17,566 $69,653 Miscellaneous $15,148 ($14,642)$506 $625 $119 $625 Use of Money & Property $62,000 $4,736 $66,736 $73,939 $7,203 $73,939 Transfers In $84,450 $0 $84,450 $0 ($84,450)$0 Wastewater Receipts $318,349 $1 $318,350 $318,349 ($1)$318,349 TOTAL REVENUES $5,977,197 ($535,145)$5,442,052 $5,945,189 $623,137 $6,065,189 C.3 Packet Pg. 48 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 2019-20 Approved Budget Original Proposed Adjusts June-2020 Year-end Projection 2019-20 Year-to-Date Actuals Revised Adjusts 2019-20 Revised Year-End EXPENDITURES Salaries $1,246,881 ($26,376)$1,220,505 $947,692 $15,000 $1,235,505 Benefits $842,690 ($33,530)$809,160 $745,002 $0 $809,160 Prof./Contractual Services $3,463,996 ($141,694)$3,322,302 $2,710,845 $0 $3,322,302 Materials & Supplies $236,217 $9,882 $246,099 $213,902 $0 $246,099 Lease of Facility/Equipment $8,000 $11,323 $19,323 $13,136 $0 $19,323 Utilities $145,000 ($1,142)$143,858 $123,437 $0 $143,858 Overhead Cost Allocation ($87,450)$0 ($87,450)($87,452) $0 ($87,450) Transfers Out $125,800 $0 $125,800 $125,800 $0 $125,800 EXPENDITURES $5,981,134 ($181,537)$5,799,597 $4,792,362 $15,000 $5,814,597 2019-20 Approved Budget Original Proposed Adjusts June-2020 Year-end Projection 2019-20 Year-to-Date Actuals Revised Adjusts 2019-20 Revised Year-End REVENUES $5,977,197 ($535,145)$5,442,052 $5,945,189 $623,137 $6,065,189 EXPENDITURES ($5,981,134)$181,537 ($5,799,597)($4,792,362)($15,000)($5,814,597) NET – SURPLUS / (DEFICIT) ($3,937)($353,608)($357,545)$1,152,826 $608,137 $250,592 C.3 Packet Pg. 49 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 9 10 C.3 Packet Pg. 50 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 2020-21AdoptedBudget 2020-21Proposed Adjustments 2020-21Revised Budget REVENUES Property Tax $1,971,250 $111,343 $2,082,593 Residual Receipts - RPTTF $1,668,400 $129,763 $1,798,163 Residual Receipts - Housing $0 $0 $0 Franchise Fees $445,000 $0 $445,000 Licenses, Fees & Permits $329,090 $0 $329,090 Sales Tax $725,000 $25,000 $750,000 Intergovernmental Revenue/Grants $160,000 $0 $160,000 Charges for Services $100,300 $0 $100,300 Fines & Forfeitures $35,100 $34,900 $70,000 Miscellaneous $0 $0 $0 Use of Money & Property $67,500 $0 $67,500 Transfers In $0 $0 $0 Wastewater Receipts $318,349 $0 $318,349 TOTAL REVENUES $5,819,989 $301,006 $6,120,995 2020-21 Adopted Budget 2020-21 Proposed Adjustments 2020-21 Revised Budget EXPENDITURES Salaries $1,083,626 $0 $1,083,626 Benefits $1,066,209 $0 $1,066,209 Professional/Contractual Services $3,337,646 $0 $3,337,646 Materials & Supplies $211,351 $0 $211,351 Lease of Facility/Equipment $19,323 $0 $19,323 Utilities $143,858 $0 $143,858 Overhead Cost Allocation ($87,450) $0 ($87,450) Transfers Out $135,800 $0 $135,800 TOTAL EXPENDITURES $5,910,363 $0 $5,910,363 C.3 Packet Pg. 51 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 2020-21Adopted Budget 2020-21Proposed Adjustments 2020-21Revised Budget REVENUE & EXPENSE REVENUES $5,819,989 $301,006 $6,120,995 EXPENDITURES ($5,910,363)$0 ($5,910,363) NET - USE OF FUND BALANCE ($90,374)$301,006 $210,632 14 C.3 Packet Pg. 52 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 2020-21 Adopted Budget 2020-21 Proposed Adjustments 2020-21 Revised Budget REVENUES Property Tax $1,971,250 $111,343 $2,082,593 Residual Receipts - RPTTF $1,668,400 $129,763 $1,798,163 Sales Tax $725,000 $25,000 $750,000 Fines & Forfeitures $35,100 $34,900 $70,000 TOTAL REVENUES $4,399,750 $301,006 $4,700,756 16 C.3 Packet Pg. 53 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 17 Dept Proposed Expenditure Appr (Salaries and Benefits)Amount Plng & Dev Svcs 1. Return the Code Enforcement/Animal Control Specialist from a 20-hour workweek to a 40-hour workweek in the 2nd quarter of the fiscal year $22,500 Pub. Wrks 2. Re-fund one (1) Maintenance Worker position $65,000 Finance 4. Re-fund the Management Analyst position and approve the re-class of the positions to a Senior Accountant position $95,000 Finance 3. Reclass the Budget Officer position to a Finance/Accounting Manager position $0 TOTAL $182,500 18 REVENUE and EXPENSE 2019-20 Revised Year-end Projections 2020-21 Proposed Appropriations REVENUES $6,065,189 $6,120,995 EXPENDITURES ($5,814,597)($5,910,363) NET - USE OF FUND BALANCE $250,592 $210,632 Proposed Use of Surplus (salaries & benefits) 1. Return code Specialist to 40-hr week $0 ($22,500) 2. Re-fund one Maintenance Wrkr II $0 ($65,000) 3. Re-fund Mgmt Analyst position & reclass to Senior Accountant $0 ($95,000) 4. Reclass Budget Officer position toFinance/Accounting Manager position $0 ($0) NET SURPLUS $250,592 $28,132 C.3 Packet Pg. 54 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 19 20 Description Amount FY2019-20 $250,592 FY2020-21 $210,632 PROJECTED FUND BALANCES $461,224 Should City Council Approve 2020-21 Expense Appropriations (182,500) NET SURPLUS $278,724 C.3 Packet Pg. 55 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Healthy Sustainable Vulnerable Unsustainable/ Insolvent Rev $3.9Exp $3.3 12/13 13/14 14/15 15/16 16/17 Rev $4.2Exp $3.4 Rev $4.5Exp $3.7 Rev $4.8Exp $4.4 Rev $4.4Exp $4.3 17/18 Rev $5.2Exp $5.2 18/19 Rev $5.7Exp $5.7 19/20 20/21 Rev $5.8Exp $5.7 Rev $6.0Exp $5.8 11/12 Rev $6.1Exp $5.9 Healthy: Revenues exceed expenditures, continue to show growth, year over year, and the City maintains a 2-month reserves – Rainy day fundSustainable: Revenues exceeds expenditures (2-month reserves – Rainy day fund) Vulnerable: Revenues exceed expenditures (less than the 2-month reserve – Rainy day fund)Unsustainable/Insolvent: Revenues less than expenditures 22 C.3 Packet Pg. 56 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 23 REVENUE and EXPENSE 2019-20 Revised Year-end Projections 2020-21Proposed Appropriations REVENUES $6,065,189 $6,120,995 EXPENDITURES ($5,814,597) ($5,910,363) No Staff Reductions ($46,000)($450,000) Continuance of 30-hour Deputy $0 ($130,000) NET SURPLUS / (DEFICIT)$204,592 ($369,368) C.3 Packet Pg. 57 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 7 / 2 8 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) AGENDA REPORT MEETING DATE: August 11, 2020 Council Item TITLE: First Amendment to the Amended and Restated Cooperation Agreement Between the City of Grand Terrace and County of San Bernardino for Participation and Implementation of the Community Development Block Grant Program PRESENTED BY: Todd Nakasaki, Management Analyst RECOMMENDATION: (a) Approve the First Amendment to the Amended and Restated Cooperation Agreement between the City of Grand Terrace and County of San Bernardino for Participation and Implementation of the Community Development Block Grant Program (b) Authorize the Mayor or City Manager, as necessary, to execute the First Amendment 2030 VISION STATEMENT: This staff report supports Goal #1 “Ensure our Fiscal Viability” as well as Goal #4 “Develop and Implement Successful Partnerships” through working with the County of San Bernardino to secure funding for community development and housing related programs and projects. BACKGROUND: The City of Grand Terrace participates in the Federal Community Development Block Grant (CDBG) program operated by the U.S. Department of Housing and Urban Development (HUD) as a cooperative city in the County Consortium. The City receives annual CDBG funding through the County of San Bernardino. The County assumes responsibility for program administration and requires the City to recommend CDBG funding priorities each year. On April 8, 2014, the City Council approved the Cooperation Agreement and Delegate Agency Agreement between the City and County of San Bernardino for a three year term beginning with the 2015-2016, 2016-17, 2017-18 fiscal years and would include subsequent automatic renewals, unless terminated. The Agreements are the mechanism through which the CDBG program is implemented. On July 8, 2014, the City Council approved the Amended and Restated Cooperation Agreement between the City and County of San Bernardino which enacted new statutory regulations to be included in the agreement, see attached agreement. C.4 Packet Pg. 58 On July 16, 2020, staff was informed by the County of the proposed First Amendment to the Restated Cooperation Agreement between the City and County of San Bernardino. DISCUSSION: First Amendment to the Amended and Restated Cooperation Agreement This Amendment to the Amended and Restated Cooperation Agreement is required by HUD to include the City of Grand Terrace as a participant in the County's CDBG Program. The proposed changes to the previously approved Amended and Restated Cooperation Agreement contains changes to the paragraphs in sections 2, 5, 16, 17 and 18 as follows: Section 2 of the Agreement is hereby amended to include the following: By the date specified in HUD’s Urban County Qualification Notice for the next qualification period, the COUNTY will notify the CITY in writing of its right not to participate and that such notice will be sent to the HUD Field Office by the date specified in the Urban County Qualification Notice schedule. If the CITY elects not to participate in a new qualification period, it must provide written notice to the COUNTY and send a copy of that notice to the HUD Field Office. Section 5 of the Agreement is hereby amended to include the following: The COUNTY and the CITY obligate themselves to take all actions necessary to assure compliance with the COUNTY’s certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 and the Fair Housing Act and will affirmatively further fair housing. See 24 CFR 91.225(a) and 5.105(a). The COUNTY and the CITY obligate themselves to comply with section 109 of Title I of the Housing and Community Development Act of 1973, of Title II of the Americans with Disabilities Act, the Age Discrimination Act of 1975, and Section 3 of the Housing and Urban Development Act of 1968, and all other applicable laws. The COUNTY will prohibit urban county funding for activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the COUNTY’s actions to comply with the COUNTY’s fair housing certification. Section 16 of the Agreement is hereby added to the Agreement as follows: 16. The CITY understands that it may receive a formula allocation under the ESG Program only through the urban county. C.4 Packet Pg. 59 Section 17 of the Agreement is hereby added to the Agreement as follows: 17. The COUNTY has authorized its Chief Executive Officer to execute all documents, including any necessary Amendments, to comply with, and implement, HUD CPD Notices and other requirements. Section 18 of the Agreement is hereby added to the Agreement as follows: 18. The COUNTY and CITY have each caused this AGREEMENT to be authorized by its respective duly authorized officers, on its behalf. These changes do not impact the City’s ability to continue funding recommendations for the programs approved and funded for fiscal year 2020-2021. FISCAL IMPACT: The City’s allocation under the Emergency Solutions Grant (ESG) Program would be received through a formula by the urban county. ATTACHMENTS: • GT Amended & Restated Cooperation Agreement 2014 (PDF) • GT 1st Amendment to the Amended and Restated Agreement (PDF) APPROVALS: Todd Nakasaki Completed 08/06/2020 2:57 PM City Attorney Completed 08/07/2020 2:05 PM Finance Completed 08/07/2020 2:39 PM City Manager Completed 08/06/2020 8:37 PM City Council Pending 08/11/2020 6:00 PM C.4 Packet Pg. 60 om^ F"?' County of San Bernardino FAS STANDARD CONTRACT FOR COUNTY USE ONLY PJ Laj LaJ New Change Cancel FAS Vendor Code sc Dept. !A| Contract Number ePro Vendor Number ePro Contract Number County Department Dept. Orgn. Community Development and Housing ECD ECD Contractor's License No. County Department Contract Representative Telephone Dena Fuentes, Director (909)387-4411 Total Contract Amount D iRevenue D Encumbered Contract Type D Unencumbered S Other: If not encumbered or revenue contract type, provide reason: Commodity Code Fund SBA Dept. ECD Contract Start Date July 1,2015 Organization ECD I Contract End Date June 30, 2018 Original Amount N/A Amendment Amount N/A Appr. 200 Obj/Rev Source 2005 I GRC/PROJ/JOB No Amount$ Fund Dept.Organization J_ Appr.Obj/Rev Source GRC/PROJ/JOB No. J_ Amount$ Fund Dept.Organization I Appr. Project Name FY 2015-18 City-County Cooperation Agreement Obj/Rev Source !GRC/PROJ/JOB No. 1 Amount$ FY Estimated Payment Total by Fiscal YearAmount 1/D FY Amount 1/D ThllS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and NameCity of Grand Terrace hereinafter called Address 22795 Barton Road Grand Terrace, CA 92313-5207 Telephone (909) 824 - 6621 Federal ID No. or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: The attached Amended and Restated Cooperation Agreement is required by the U.S. Department of Housing and Urban Development (HDD) in order to include the City of Grand Terrace as a participant in the County's Community Development Block Grant (CDBG), hlOME Investment Partnership, Emergency Solutions Grant (ESG) and other hlUD grant(s) programs. It allows the City's population statistics to be included by HUD to calculate the County's grant(s) amount for each year starting in fiscal year 2015-2016 to 2017-18 and will automatically renew every three years thereafter unless revoked by either party, for so long as the County is designated as an Urban County. The attached Contract consists of eight pages and two exhibits. Revised 1/8/13 Page 1 of 9 "\, C.4.a Packet Pg. 61 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) AMENDED AND RESTATED COOPERATION AGREEMENT FOR HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT AND PLANNING GRANTS FOR FISCAL YEARS 2015-16, 2016-17, 2017-18 AND SUBSEQUENT AUTOMATIC RENEWALS, UNLESS TERMINATED This Amended and Restated Agreement is made and entered into this_day of ., 2014, by and between the County of San Bernardino, of the State of California, hereinafter referred to as "COUNTY", and the City of Grand Terrace, a City within COUNTY, hereinafter referred to as "CITY". WHEREAS, U.S. Department of Housing and Urban Development, hereinafter called HUD, provides Community Development Block Grant, Catalog of Federal Domestic Assistance (CFDA) #14.218, HOME Investment Partnership, CFDA #14.239, and Emergency Solutions Grants, CFDA #14.231 , funds and other grants directly to qualified Metropolitan Cities, and Urban Counties via their Community Planning and Development (CPD) Division; and WHEREAS, the Housing and Community Development Act of 1974, as amended (Public Law 93-383), hereinafter referred to as ACT, provides that Community Development Block Grant, hereinafter referred to as "CDBG", funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate-income; and, WHEREAS, the Congress of the United States has enacted the Cranston-Gonzalez National Affordable hlousing Act, Title II of this Act created the HOME Investment Partnership Program, hereinafter called "HOME", that provides funds to states and local governments for the purpose of increasing the number of affordable housing opportunities for low- and moderate income families; and WHEREAS, the Congress of the United States provides funding for the Emergency Solutions Grant Program, hereinafter called "ESG", for the purpose of assisting individuals and families in quickly regaining stability in permanent housing after experiencing a housing crisis or homelessness; and WHEREAS, this Amended and Restated Cooperation Agreement covers CDBG, HOME, ESG and other HUD entitlement grants; and WHEREAS, COUNTY is a qualified Urban County and hereinafter COUNTY PROGRAM will refer to the COUNTY'S CDBG, HOME, ESG and other HUD grants program as well as to the legislation and regulations that created and funded these programs; and WHEREAS, HDD requires Metropolitan Cities and Urban Counties to re-qualify every three (3) years in order to receive an allocation of various grant funds from HDD; and WHEREAS, CITY and COUNTY both desire for CITY to continue to be a part of COUNTY PROGRAM so both entities can benefit from increased efficiencies though economies of scale created by having the City's funding allocation of these grants be added and be a part of the COUNTY PROGRAM for 2015-16, 2016-17, 2017-18 and every three (3) years thereafter; and WHEREAS CITY and COUNTY agree that COUNTY shall be solely responsible for administering, managing and directing COUNTY PROGRAM including but not limited to the preparation of the Consolidated Plan that is required to be submitted to HUD in order for COUNTY to have access to COUNTY PROGRAM funds and as such COUNTY has final authority for selecting activities that will be funded with COUNTY PROGRAM fundsand; Revised 1/8/13 Page 2 of 9 C.4.a Packet Pg. 62 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) WHEREAS, the execution of this Amended and Restated Cooperation Agreement, hereinafter referred to as AGREEMENT, is necessary in order to meet the desires of both CITY and COUNTY of having CITY be a partof COUNTY PROGRAM. NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: 1. GENERAL This AGREEMENT gives COUNTY authority to undertake or assist in undertaking activities starting on July 1, 2015 for Fiscal Years 2015-2016, 2016-17, 2017-18, which will be funded from COUNTY PROGRAM funds, which will include CITY'S funding allocations, and from any program income generated from the expenditure of such funds. COUNTY and CITY agree to cooperate to undertake, or assist in undertaking community renewal and affordable housing activities. This AGREEMENT shall automatically renew for a new three (3) year-period every time COUNTY re-qualifies as an Urban County, (which is every three (3) years), until such time as the City Council for the City of Grand Terrace or San Bernardino County Board of Supervisors elects to terminate this AGREEMENT at the conclusion of the preceding three-year term. This AGREEMENT covers all COUNTY PROGRAM funds and other associated grants administered by HDD though its CPD Division or its successor. By executing this AGREEMENT, CITY understands that it may not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the term of this AGREEMENT, and CITY may not participate in a HOME consortium other than COUNTY HOME program regardless of whether COUNTY receives a HOME formula allocation. The purpose of the Delegate Agency Agreement, which accompanies this AGREEMENT (Exhibit 1), and subsequent ATTAChlMENTS, is to enable CITY to implement projects and or programs funded with CDBG funds as described in SECTION 14. 2. TERM The term of this AGREEMENT shall be for fiscal years 2015-16, 2016-17, 2017-18 and shall commence as of July 1, 2015. This AGREEMENT will subsequently automatically renew when COUNTY re-qualifies as an Urban County for the next three (3) year period and therefore a new three (3) year term of this AGREEMENT will begin at that time. The first of these automatic three (3) year term renewals will occur at the beginning of fiscal year 2018-2019 (July 1, 2018) and every three (3) years thereafter unless an earlier date of termination is fixed by HDD pursuant to COUNTY PROGF?AM or until such time as the City Council for the City of Grand Terrace or San Bernardino County Board of Supervisors elects to terminate this AGREEMENT at the conclusion of a 3-year term. This AGREEMENT shall remain in effect until all COUNTY PROGRAM grant funds covered under the terms of this AGREEMENT, and any program income generated from the expenditure of such funds, are expended, and the funded activities are completed. This AGREEMENT may not be terminated or withdrawn by the parties for any circumstance or reason during the term of this AGREEMENT. In order for the automatic renewal provisions of this AGREEMENT to be approved, HDD mandates that this AGREEMENT includes a stipulation that requires CITY and COUNTY to adopt any amendments) necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit such amendment to HDD as provided in the Urban County Qualification Notice and that such failure to comply will void the automatic renewal for such qualification period. In addition, as part of the Urban County re-qualification process the COUNTY goes though every three (3) years, COUNTY will notify CITY, via a letter, that CITY has the ability to terminate this AGREEMENT and not Revised 1/8/13 Page 3 of 9 C.4.a Packet Pg. 63 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) be included as part of the submission by COUNTY to hlUD for re-qualifying as an Urban County for the subsequent three (3) year qualification period. CITY agrees to send a timely response letter to COUNTY stating its intentions to either continue to be a part the COUNTY PROGRAM or to elect to terminate this AGREEMENT and not be a part of the COUNTY'S upcoming submission to HUD to re-qualify as an Urban County for the subsequent three (3) year period. The COUNTY will submit to HUD the letter notifying CITY of its ability to terminate this AGREEMENT as well as the CITY'S response letter. COUNTY will also submit to HDD a written legal opinion provided by COUNTY Counsel stating that the terms and provisions continue to be authorized under state and local law and that the AGREEMENT continues to provide full legal authority for COUNTY. This automatic renewal procedure will remain the same even if the CITY is recognized by HDD as a Metropolitan City and therefore could receive CDBG funds directly from HUD. The CITY will provide either CITY Council minutes approving the CITY being a part of the COUNTY Urban County program and to the automatic renewal procedure. 3. PREPARATION OF APPLICATION COUNTY, by and through its Economic Development Agency (EDA), subject to approval of the COUNTY Board of Supervisors, shall be responsible for preparing and submitting to MUD all necessary applications for the COUNTY PROGRAM entitlement grants. This duty shall include the preparation and processing of COUNTY Housing, Community and Economic Development Needs Identification Report, Citizen Participation Plans, the County Consolidated Plan, and other related items associated with COUNTY PROGRAM grants which satisfy its associated application requirements and regulations. All documents will include information provided by CITY. 4. COMPLIANCE WITH FINAL PROGRAMS AND PLANS COUNTY and CITY shall comply in all respects with final Community Development plans and programs and the Consolidated Plan which are developed through mutual cooperation pursuant to the application requirements of COUNTY PROGRAM and their regulations and approved by hlUD. 5. COMPLIANCE WITH LEGISLATION AND REGULATIONS COUNTY and CITY shall comply with all applicable requirements of COUNTY PROGRAM and associated regulations, in utilizing grant funds under legislation that created and govern these grants, and shall take all actions necessary to assure compliance with COUNTY certifications required by Section 104(b) of Title I of ACT, as amended regarding the provisions of the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, Section 109 of Title I of ACT which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975, the Fair Housing Act, and affirmatively furthering fair housing and other applicable federal laws. CITY agrees that CDBG and HOME funding for activities in or in support of CITY are prohibited if CITY does not affirmatively further fair housing within its own jurisdiction or impedes COUNTY actions to comply with its fair housing certification. CITY may be required to demonstrate how it complies with the fair housing requirement. To ensure compliance with applicable regulations, CITY agrees to adhere to the Delegate Agency Agreement which is Exhibit 1 of this AGREEMENT and the accompanying Attachments. In order for COUNTY to avoid the risk of losing CDBG funds as a result of CITY not spending CITY CDBG funds in a timely manner as required by the ACT, COUNTY and CITY both agree that COUNTY has the authority to transfer CITY CDBG funds to any CDBG-eligible project/program at COUNTY'S sole discretion if CITY is not spending its CDBG funds in a timely manner. Prior to transferring CITY CDBG funds, COUNTY will notify CITY in writing that CITY is at risk of not meeting this timeliness requirement and i Revised 1/8/13 Page 4 of 9 C.4.a Packet Pg. 64 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) therefore COUNTY will transfer CITY CDBG funds if timeliness is not met. As referred to in SECTION 10 DISPOSITION OF FUNDS, CITY and COUNTY both agree that CITY CDBG funds will be spent, to the greatest extent feasible in a manner CITY desires but COUNTY shall have the final and sole decision as to how CITY CDBG funds are spent. Furthermore, CITY hereby covenants by and for itself, its successors and assigns, and all persons claiming under or through it that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, marital status, familial status, disability, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of any project funded by hlOME or CDBG funds, nor shall CITY itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in any project funded as a result of this AGREEMENT. The CITY shall refrain from restricting the rental, sale or lease of any project funded as a result of this Agreement on the basis of race, color, creed, religion, sex, marital status, familial status, disability, national origin or ancestry of any person. The CITY and COUNTY agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities. A unit of general local government may not sell, trade, or otherwise transfer all or any portion of such funds to a metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receive CDBG funds in exchange for any other funds, credits or non-Federal consideration, but must use such funds for activities eligible under ACT, as amended. 6. CONFLICT OF INTEREST CITY shall comply with all applicable federal and state laws, regulations and policies governing conflict of interest, including State conflict of interest regulations found in California Government Code Sections 1090, 1126, 87100 et seq., Federal conflict of interest regulations found in 24 CFR 570.611, 85.36, and 84.42, and any other applicable policies, rules and regulations related to conflict of interest. Any person who is an employee, agent, consultant, officer, elected or appointed official of the CITY, who exercises any functions or responsibilities with respect to COUNTY PROGRAM funded activities identified in this AGREEMENT and who is in a position to participate in a decision-making process or gain inside information with regard to activities identified in this AGREEMENT, may not obtain a financial interest or benefit from the COUNTY PROGRAM assisted activities identified in this AGREEMENT or any related agreement, subcontract, or contract, either for themselves, an immediate family member or business partner, during his/her tenure. CITY shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. 7. POLICIES CITY has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 8. INDEMNIFICATION CITY agrees to indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this AGREEMENT, resulting from the negligent acts, errors or omissions of the CITY, its Revised 1/8/13 Page 5 of 9 C.4.a Packet Pg. 65 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) authorized officers, employees, agents or volunteers, including, but not limited to, such liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HDD or its successor that activities undertaken by CITY under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CITY under this AGREEMENT were improperly expended. COUNTY agrees to indemnify, defend and hold harmless CITY, its officers, agents, volunteers, and employees, from any and all claims, actual losses, damages and or liability that may result from the negligent acts, errors or omissions of the COUNTY, its authorized officers, employees, agents, orvolunteers. 9. SELF-INSURANCE The CITY and the COUNTY are authorized self-insured public entities for purposes of general liability, automobile liability, professional liability and workers' compensation. CITY and COUNTY warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against any liabilities arising out of their performance regarding the terms and conditions of thisAGREEMENT 10. DISPOSITION OF FUNDS Unless prohibited by Federal Regulations, COUNTY and CITY agree that, to the greatest extent feasible, CDBG funds will be allocated by COUNTY to CITY out of the funds received pursuant to ACT, according to its proportional demographics, for activities and/or projects prioritized by CITY to alleviate its identified community development needs eligible under ACT. COUNTY, though its Board of Supervisors, shall be responsible for determining the final disposition and distribution of all funds received by COUNTY under ACT and other related grants and for selecting the projects for which such funds shall be used. Both parties agree that COUNTY has the authorization to redistribute such funds when said projects are not implemented in a timely manner as described in SECTION 5, COMPLIANCE WITH LEGISLATION AND REGULATIONS. hlOME funds will be allocated by COUNTY to Developer(s) based on a competitive Notice of Funding Available process to address affordable housing needs by funding activities that are eligible under HOME regulations and COUNTY, by its Board of Supervisors, shall be responsible for determining the final disposition and distribution of all funds received by COUNTY under the HOME program as well as the other COUNTY PROGRAM funds and for selecting the projects for which such funds shall be used. COUNTY shall be compensated for administering COUNTY PROGRAM and other related grants by utilizing allowable planning and administrative fee(s) and a project implementation fee. 11. DISPOSITION OF PROGRAM INCOME CITY shall inform COUNTY regarding any income generated by the expenditure of COUNTY PROGRAM funds received by CITY. All said income, even if it is received after this AGREEMENT has expired, shall promptly be paid to COUNTY. COUNTY shall be responsible for monitoring and reporting to HUD on the use of any such program income; CITY is required to keep appropriate records and provide reports to COUNTY regarding program income. In the event of COUNTY PROGRAM funds close-out or change in status of CITY under COUNTY PROGRAM funds, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to COUNTY. Any income generated from the disposition or transfer of real property prior to any such close-out or change of status shall be treated the same as program income. Any income generated from the disposition or transfer of real property subsequent to any such close-out or change of status shall promptly be paid to COUNTY. Revised 1/8/13 Page 6 of 9 C.4.a Packet Pg. 66 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) 12. DISPOSITION OF REAL PROPERTY This section sets forth the standards which shall apply to real property acquired or improved in whole or in part using CDBG and HOME funds that are allocated to (within the control of) CITY. Prior to any modification or change in the use of said real property from the use or ownership planned at the time of its acquisition or improvements, CITY shall notify COUNTY and obtain authorization for said modification or change. CITY shall reimburse COUNTY with non-CDBG and non-HOME funds in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG or non-HOME funds) of property acquired or improved with CDBG or HOME funds that is sold or transferred for a use, which does not qualify under CDBG and HOME regulations. 13. EFFECTIVE DATES This AGREEMENT shall be effective initially for all purposes for the period beginning July 1, 2015 and ending June 30, 2018. Thereafter, commencing July 1, 2018, this AGREEMENT will automatically renew for three-year periods every three (3) years, when the COUNTY re-qualifies as an Urban County, until such time as the CITY or COUNTY elects to terminate the AGREEMENT at the conclusion of the preceding term. This AGREEMENT will be executed by COUNTY and CITY, properly submitted to HUD, the grantor, by the designated deadline, and approved by HDD. 14. OTHER AGREEMENTS Pursuant to federal regulations at 24 CFR 570.501 (b), CITY is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in federal regulations at 24 CFR 570.503 and other related regulations. COUNTY and CITY as part of this AGREEMENT are also entering into a Delegate Agency Agreement (which is Exhibit 1 of this AGREEMENT) and accompanying ATTACHMENTS, for the purpose of having CITY implement CDBG- funded projects and or programs. COUNTY and CITY both agree it would be more effective and efficient if CITY implements projects and or programs funded with CITY CDBG funds. The purpose and intent of the Delegate Agency Agreement is to create a mechanism whereby COUNTY delegates its authority, under its Urban County agreement with HDD to CITY, thereby enabling CITY to implement projects and programs funded with CITY CDBG funds while the COUNTY ensures all associated rules and regulations are followed. Prior to disbursing any CDBG funds to CITY, COUNTY, shall execute and adhere to the Delegate Agency Agreement and related documents with CITY. Said agreement shall remain in effect during any period that CITY has control over CDBG funds, including program income. The Delegate Agency Agreement provides a detailed account of the policies and procedures on how a project is officially assigned by COUNTY to the CITY for implementation and the steps that need to be completed by both CITY and COUNTY (above and beyond the approval of this AGREEMENT) prior to any obligation or expenditure of funds whereby the CITY will seek reimbursement from COUNTY. Any obligation and or expenditure made by CITY without the expressed written approval by COUNTY may result in CITY not being able to utilize CDBG funds. 15. AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING (ARRA) Use ofARRA Funds and Requirements This AGREEMENT may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are t I I Revised 1/8/13 Page 7 of 9 C.4.a Packet Pg. 67 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement. Request for a waiver must be made to the County for an appropriate determination. Section 1606 ofARRA requires that laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate" requirement. The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. Contractor must contact the County contact if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Contractor may also be required to register in the Central Contractor Registration (CCR) database at httD://www.ccr.aov and may be required to have its subcontractors also register in the same database. Contractor must contact the County with any questions regarding registration requirements. Schedule of Expenditure of Federal Award s In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c). In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds. Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill any reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Revised 1/8/13 Page 8 of 9 C.4.a Packet Pg. 68 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) Whistleblower Protection Contractor agrees that both it and its subcontractors shall comply with Section 1553 of the ARRA, which prohibits all non-Federal contractors, including the State, and all contractors of the State, from discharging, demoting or otherwise discriminating against an employee for disclosures by the employee that the employee reasonably believes are evidence of: (1) gross mismanagement of a contract relating to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and specific danger to public health or safety related to the implementation or use of ARRA funds; (4) an abuse of authority related to the implementation or use of recovery funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to ARRAfunds. Contractor agrees that it and its subcontractors shall post notice of the rights and remedies available to employees under Section 1553 of Division A, Title XV of the ARRA. COUNTY OF SAN BERNA^DINO ^{A^^y> G re Dated: jx, Chief Executive^-z^^v / CITY OF GRAND TERRACE (Authorized signature - sign in blue ink) Name: Wait Stanckiewitz {Print or type name of person signing contract) ^5 MayorTitle: (Print or Type)Dated: ^U^ ^ Z£)/^f-/ Address: 22795 Barton Road Grand Terrace, CA 92313-5207 iproved as tol.egal Aja«*-r *\ > Michelle Blakem^cg, ShiefAs3(. County Counsel Date t-tl--^ Reviewed by Contract Compliance^ Q^-j ^t,£f^- Art Milian, Contract Compliance Date ^^S'^t^ (ed to BOS for SignaturePres< >{^ Den3Tuentes, Bepartment Head Date •^ ?^( ^ Revised 1/8/13 Page 9 of 9 C.4.a Packet Pg. 69 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) Exhibit 1 of 1 OUNrf,s?BE County of San Bernardino FAS STANDARD CONTRACT FOR COUNTY USE ONLY in)N[a! New Change Cancel FAS Vendor Code sc Dept. lAl Contract Number ePro Vendor Number ePro Contract Number County Department Dept. Orgn. Community Development and Housing ECD ECD Contractor's License No. County Department Contract Representative Telephone Dena Fuentes, Director (909)387-4411 Total Contract Amount n |R(revenue D Encumbered Contract Type D Unencumbered S Other: If not encumbered or revenue contract type, provide reason: Commodity Code Fund SBA Dept. ECD Contract Start Date July 1,2015 Organization ECD Contract End Date June 30, 2018 Original Amount N/A Amendment Amount N/A Appr. 200 Obj/Rev Source 2005 J_ GRC/PROJ/JOB No Amount$ Fund | Dept.Organization Appr.Obj/Rev Source Fund Dept.Organization I Appr. Project Name 2015-16,2016-17,2017-18 CDBG City/County Delegate Agency Agreement Contract Type 2 (b) J_ GRC/PROJ/JOB No.Amount$ Obj/Rev Source I GRC/PROJ/JOB No.Amount$ FY Estimated Payment Total by Fiscal Year Amount 1/D FY Amount 1/D THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and NameCity of Grand Terrace hereinafter called Address 22795 Barton Road Grand Terrace, CA 92313-5207 Telephone( )Federal ID No. or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: In compliance with requirements of Title I of the Housing and Community Development Act of 1974, as amended, the County executed a Amended and Restated Cooperation Agreement with the City of Grand Terrace to be a part of the County of San Bernardino's "Urban County" application to the federal Department of Housing and Urban Development (hlUD) through mutual cooperation to undertake or assist in undertaking essential community development and housing activities. Pursuant to Section 14 of the Cooperation Agreement, this Delegate Agency Agreement and its attachments are set forth to further implement the provisions of the Cooperation Agreement. They specify the procedures, sequences, responsibilities and forms to be used to carry out CDBG activities according to local, state and federal requirements. The Amended and Restated Delegate Agency Agreement is specifically subordinate and supplementary to and runs concurrent with the Amended and Restated Cooperation Agreement. Auditor-Controller/Treasurer Tax Collector Use Only d Contract Database DFAS Input Date Keyed By Page 1 of 12 C.4.a Packet Pg. 70 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) AMENDED AND RESTATED COMMUNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY DELEGATE AGENCY AGREEMENT For Fiscal Years 2015-16, 2016-17, 2017-18 and SUBSEQUENT AUTOMATIC RENEWALS UNLESS TERMINATED This Amended and Restated Agreement accompanies the Cooperation Agreement, herein after referred to as AGREEMENT, made and entered into, by and between the County of San Bernardino a political subdivision of the State of California, referred to as "COUNTY", and the City of Grand Terrace, a municipal corporation located within the boundaries of San Bernardino County, referred to as "CITY". WITNESSETH WHEREAS, COUNTY has been designated an "Urban County" by the United States Department of Housing and Urban Development, hereinafter referred to as "HDD", as that term is defined in Title I of the Housing and Community Development Act of 1974 as amended, hereinafter referred to as "ACT"; and Whereas, COUNTY will administer a Community Development Block Grant (CDBG) program (CFDA No. 14.218) that includes the development of a Consolidated Submission of the HDD Housing and Community Development Grant programs, hereinafter referred to as "CONSOLIDATED PLAN", which constitutes COUNTY'S application for federal assistance under said ACT; and, WHEREAS, CITY and COUNTY have entered into a Amended and Restated Cooperation Agreement so as to enable CITY to be a part of COUNTY'S CDBG program, commencing with Fiscal Years 2015-16, 2016-17, 2017-18 and set to automatically renew for three (3) year periods while the COUNTY is designated as an Urban County, to which this Delegate Agency Agreement is subordinate and supplementary agreement per SECTION 14 of Cooperation Agreement; and WhlEREAS, COUNTY administers a CDBG program for a number of cooperating cities, and in the unincorporated areas of San Bernardino County, through its Economic Development Agency, hereinafter referred to as "EDA"; and, WHEREAS, CITY has the ability, expertise and resources to manage and administer CDBG-funded projects/programs and agrees to adhere to all rules, regulations and related requirements associated with the utilization of CDBG funds; and, WHEREAS, CITY desires to assume the responsibility of project implementation within its corporate limits in cooperation with COUNTY; and, WHEREAS, both COUNTY and CITY seek to coordinate their community development and neighborhood revitalization efforts in order to fully utilize all available resources while increasing efficiencies though economies of scale associated with the planning and administration of a large scale CDBG program;and NOW, THEREFORE, it is understood and agreed by and between the parties hereto as follows: 1. PURPOSE This Delegate Agency Agreement, which is Exhibit 1 to the Cooperation AGREEMENT, is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title I of the Government Code of the State of California (commencing with Section 6500), relating to public agencies. The purpose of this Delegate Agency Agreement is to enable CITY to implement CITY-CDBG funded projects or programs while adhering to the provisions of the Cooperation AGREEMENT in carrying out CDBG activities that have been approved by COUNTY for CITY in accordance with the CONSOLIDATED PLAN. The purpose will be accomplished pursuant to the requirements of the ACT, its regulations and other Revised 1/8/13 Page 2 of 12 C.4.a Packet Pg. 71 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) federal, state and county laws and policies in the manner hereinafter set forth. This Delegate Agency Agreement is not a stand alone agreement and is only valid as a component of the Cooperation AGREEMENT; whereas the Cooperation AGREEMENT is a stand alone agreement and will be valid even if this Delegate Agency Agreement no longer exists. In absence of this Delegate Agency Agreement the CITY would not be able to implement any CDBG-funded projects or programs; however the COUNTY would still be able to implement CITY or COUNTY CDBG-funded projects and or programs as authorized under the Cooperation AGREEMENT. Unless specified otherwise, EDA shall have the authority to represent COUNTY regarding the terms and conditions of this Agreement and the administration thereof. 2. TERM This Delegate Agency Agreement shall become initially effective starting Fiscal Years 2015-2016, 2016-17, 2017-18, beginning on July 1, 2015 and ending June 30, 2018. Thereafter, commencing July 1, 2018 this Delegate Agency Agreement, as part of the Cooperation AGREEMENT will automatically renew for three (3) year periods, when the COUNTY re-qualifies as an Urban County, until such time as the City of Grand Terrace or County of San Bernardino elects to terminate at the conclusion of a 3- year term. Even though this Delegate Agency Agreement does not stand alone, in order to complete the construction of a previously funded project(s) it may be extend beyond the conclusion of a 3-year term. COUNTY, though its Chief Executive Officer or EDA Administrator may grant an extension of up to six months to the term of this Delegate Agency Agreement for the purpose of completing CITY'S projects/activities that are underway and which can not be completed during the term of this AGREEMENT. CITY must request any such extension in writing. Any extension will only be effective if granted in writing by COUNTY. Maintenance and operation and monitoring requirements for facilities developed under the terms of this Delegate Agency Agreement, as described in SECTION 9 MAINTENANCE AND OPERATION OF FACILITIES and SECTION 15 MONITORING, shall be in effect and continue in full force as prescribed in SECTION 2 TERM of the Cooperation AGREEMENT and continue even if AGREEMENT is terminated or has expired. 3. AUTHORIZATION OF PROJECT/ACTIVITY CITY shall not initiate nor incur expenses for any CDBG-funded project or activity covered under the terms of this Delegate Agency Agreement prior to receiving written authorization from COUNTY. Written authorization will be accomplished when Attachments A (Request to Initiate Project or Activity) and B (Project or Activity Description) to this Delegate Agency Agreement have been completed for a CDBG-funded project or activity and signed by CITY and countersigned by EDA. Any such authorized Project or Activity shall hereinafter be referred to as an "AUTHORIZED PROJECT". 4. IMPLEMENTATION OF AUTHORIZED PROJECT CITY agrees to implement AUTHORIZED PROJECTS in the manner prescribed in the Delegate Agency Coordination Procedures (Attachment C), using the forms and language contained in the Delegate Agency Construction Contract Provisions (Attachment D), and agrees to comply with all applicable local county, state and federal regulations associated with the implementation of CDBG projects and with AGREEMENT. CITY may contract for all necessary services to complete AUTHORIZED PROJECTS described on its executed Attachments A and B provided that contracts are submitted to and approved in writing by EDA prior to their execution. CITY Attorney is responsible for assuring and certifying that the AUTHORIZED PROJECT undertaken by CITY'S contracting party complies with all applicable regulations and statutes, as amended, listed in Attachment C, the Delegate Agency Construction Contract, Section IV. Revised 1/8/13 Page 3 of 12 C.4.a Packet Pg. 72 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) 5. MODIFICATION OF AUTHORIZED PROJECTS All modifications to AUTHORIZED PROJECT must be pre-approved by COUNTY in order to be considered a part of AUTHORIZED PROJECT and eligible for reimbursement by COUNTY. CITY may request modification(s) to CDBG funding levels authorized by Attachment A or the pertinent Project Description (i.e. Scope of Activity) authorized by Attachment B. Upon receipt of a written request from CITY, and approval by COUNTY, COUNTY will revise Attachments A and B. 6. CONSOLIDATED PLAN AMENDMENT Requests by CITY to add, delete or substantially modify an activity listed in CONSOLIDATED PLAN must be made in writing to COUNTY. Requests to add new activity(ies) must be accompanied by a CDBG project proposal application. Substantial modifications are defined as follows: 1) an increase in funding for a CDBG public service- type activity in an amount greater than $50,000 over the current funded amount; or 2) an increase in the funding for other activities (public facility improvements, code enforcement, acquisition, etc.) in an amount greater than $400,000 over the current funded amount; or 3) A new activity not previously listed and described in the Consolidated Plan/Annual Action Plan; or 4) a change in the type of activity; or 5)a change in the location of the activity; or 6)a change in the beneficiaries of the activity. Requests for additions and substantial modifications will be reviewed by COUNTY for eligibility and compatibility with CONSOLIDATED PLAN. Additions, deletions and substantial modifications must be approved by CITY Council action and supportive documentation for said action must be sent to COUNTY. CITY shall comply with the requirements of and participate in the implementation of the citizen participation portion of CONSOLIDATED PLAN. 7. COUNTY RESPONSIBILITIES COUNTY, through EDA, is empowered to enforce all federal regulations pertaining to CDBG-funded projects undertaken by CITY under AGREEMENT. CITY recognizes that COUNTY, as the formal grantee of the CDBG, has full responsibility and obligations to HUD for undertaking the CDBG Program and has full authority in administering and allocating funds. CITY will have no direct responsibilities or obligations to HDD, except as identified, under AGREEMENT. COUNTY will provide technical assistance to CITY in a timely and expeditious manner upon written request to EDA Administrator. 8. CONFORMANCE TO COUNTY PROCEDURES Under this Delegate Agency Agreement, CITY elects to be responsible for implementing CDBG- funded projects. However, in implementing said projects, CITY must perform all services and activities in accordance with federal and state statutory requirements and with the policies and procedures established by the Board of Supervisors, and shall comply with the following: A. COMMUNITY DEVELOPMENT ADMINISTRATOR Upon COUNTY and CITY'S mutual assent to this Delegate Agency Agreement, CITY will designate a "Community Development Administrator" by filling in the name of said person in the space provided below. The Community Development Administrator is the responsible authority for all correspondence with COUNTY, and is the signatory on AUTHORIZED PROJECT Attachments A and B and shall advise the CITY Council, CITY administration and CITY staff, as appropriate regarding the CDBG program. CITY may, by written notification as set forth below, change the Community Development Administrator. Revised 1/8/13 Page 4 of 12 C.4.a Packet Pg. 73 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) CITY'S Community Development Administrator for this Delegate Agency Agreement is Kenneth J. hlenderson _, TITLE:_Interim City Manager B. FISCAL CONTACT PERSON For purposes of this Delegate Agency Agreement, CITY shall also designate a fiscal contact person by filling in the space provided below. The fiscal contact person shall be responsible for billing and fiscal procedures regarding the CDBG program and will serve as the primary contact for technical fiscal matters. CITY may, by written notification as set forth below, change the fiscal contact person. CITY Fiscal Contact person for this Delegate Agency Agreement is Kenneth J. Henderson , TITLE: Interim City Manager C. CITY shall be responsible for maintaining complete and separate fiscal accounts for CDBG funds which come under its control in such manner as to permit the reports required by COUNTY to be prepared therefrom and to permit the tracing of CDBG funds to their final expenditure. CITY will submit to EDA complete and detailed project descriptions, budgets, and expenses for each project that CITY implements with CDBG funds along with monthly reports of grant expenditures. 9. MAINTENANCE AND OPERATION OF FACILITIES CITY shall provide maintenance and operation for the life of any and all facilities constructed with CDBG funds under AGREEMENT that are CITY owned or operated, for the life of the facility, not less than 10 years. This Section shall survive the termination of this Delegate Agency Agreement and or AGREEMENT. 10. FUNDING LIMITS CDBG funding of AUTHORIZED PROJECTS is limited to the amount allocated to CITY as listed in the Attachment A (Request to Initiate Project or Activity). 11. DISBURSEMENT OF FUNDS All CDBG funds allocated to CITY'S AUTHORIZED PROJECT(S) shall be received from the federal government by COUNTY under ACT. EDA will disburse the funds to CITY on a cost reimbursement basis. Billing shall be accompanied by all pertinent source documentation to be presented to EDA by CITY on or about the first day of each month, allowing 30 days for payment on the part of EDA. COUNTY shall be entitled to retain from such funds such amount as is calculated as the direct costs (including, but not limited to, salaries, benefits, mileage, actual cost of materials, meals and other authorized expenses allowable under the Travel Code Section 13.0638 County of San Bernardino) incurred by COUNTY in implementing CITY'S AUTHORIZED PROJECTS. 12. WITHHOLDING OF FUNDS COUNTY shall retain the right to withhold funds for any programs carried out by CITY, CITY'S Contractor, or CITY'S subcontractor upon giving written notice to CITY indicating that COUNTY has determined that CITY has not performed its obligations as stated in this Delegate Agency Agreement and or Cooperation AGREEMENT in a satisfactory or timely manner consistent with federal regulations or policy. COUNTY shall notify CITY in writing of this determination, specifying the objection(s) to Revised 1/8/13 Page 5 of 12 C.4.a Packet Pg. 74 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) CITY'S performance. CITY shall then have a maximum of ten (10) days in which to remedy said deficiencies. Should said deficiencies not be remedied within the above mentioned ten (10) day period, COUNTY shall have full authority to reallocate CITY'S CDBG program funding to any other eligible activity(ies), which can be implemented or to assume sole responsibility for carrying out any and/or all AUTHORIZED PROJECTS, upon written notice to CITY. Upon such notice, CITY agrees to cease all activity provided hereunder, as specified in said notice. 13. PROGRAM INCOME Program income represents net income directly generated from the use of CDBG funds by CITY as a result of the activity funded under the terms of AGREEMENT. When such income is generated by an activity only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. CITY shall return program income to COUNTY even if it is received after this AGREEMENT has expired. COUNTY shall have full authority to reallocate program income funding to any other eligible activity(ies), which can be implemented in a satisfactory or timely manner consistent with federal regulations or policy. Program income shall be returned to COUNTY within 30 days after: a) disposition or sale of real or personal property occurs or; b) cumulative program income reaches increments of $1,000; or c) the end of each fiscal year. CITY shall include in the reports required by Section 14, PROGRAM REPORTING AND RETENTION OF RECORDS, all sources and amounts of program income on a monthly and year-to-date basis. Program income returned by COUNTY to CITY will be spent by CITY on only those costs authorized under this Delegate Agency Agreement. All provisions of AGREEMENT shall apply to said use of program income funds. CITY shall account for the receipt and use of program income in such a way that program income is spent on AUTHORIZED PROJECTS before additional CDBG funds are spent. Any program income on-hand when this AGREEEMENT expires or is received after such expiration will be paid to COUNTY within thirty (30) days. 14. PROGRAM REPORTING AND RETENTION OF RECORDS CITY agrees to prepare and submit financial, program progress, and other reports as required by HUD or COUNTY directives. CITY shall maintain such program, property, personnel, financial, statistical and other records, supporting documents, and accounts as are considered necessary by hlUD or COUNTY to assure proper accounting for all AGREEMENT funds. Said records, documents and accounts are to be retained by CITY for a minimum of five years. The retention period starts from the date the COUNTY submits its annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the service under the terms of this AGREEMENT is reported on for the final time. Said COUNTY submission will follow CITY'S final submission to COUNTY of reports identified under this paragraph. Records and accounts subject to litigation or audit must be maintained for five years or until the issue is resolved, whichever is longer. Records that pertain to real estate transactions must be maintained for five years or the number of years that there is an outstanding obligation, whichever is longer. The starting date for retention of records on CDBG-purchased equipment begins at the end of the equipment's use, when it is disposed of or transferred. The retention period for records relating to program income begins on the last date of COUNTY fiscal year in which the income is earned. All CITY'S records, with the exception of confidential client information, shall be made available to representatives of COUNTY and the appropriate federal agencies. CITY is required to submit data necessary to enable the COUNTY to complete any and all necessary reports in accordance with hlUD regulations in the format and at the time designated by the EDA Administrator or his designee. Revised 1/8/13 Page 6 of 12 C.4.a Packet Pg. 75 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) 15. MONITORING EDA Administrator or designee will conduct periodic monitoring of CITY administration of AUTHORIZED PROJECTS. Monitoring will focus on the extent to which the CONSOLIDATED PLAN has been implemented, measurable goals achieved and effectiveness of project management, and impact of AUTHORIZED PROJECTS. Authorized representatives of COUNTY and HUD shall have the right of access to all activities and facilities operated by CITY under this AGREEMENT. Facilities include all files, records, and other documents related to the performance of this AGREEMENT. CITY will permit on-site inspection by COUNTY, and htUD representatives, and ensure that its employees furnish such information, as in the judgment of COUNTY and HUD representatives, may be relevant to a question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. 16. ACCOUNTING CITY must establish and maintain, on a current basis, an adequate accrual accounting system in accordance with generally accepted accounting principles and standards. 17. AUDITS CITY is required to arrange and pay for an independent financial and compliance audit annually for each fiscal year during which federal funds are received under this AGREEMENT as required by Circular A-128 pursuant to the Single Audit Act of 1984, Public Law 98-502. The results of the single audit must be submitted to COUNTY within 30 days of completion. Within 30 days of the submittal of said audit report, CITY shall provide a written response to all conditions or findings reported in said audit report. The response must examine each condition or finding and explain a proposed resolution, including a schedule for correcting any deficiency. All condition or finding correction actions shall take place within six months after EDA's receipt of the audit report. An audit may also be conducted by federal, state or local funding source agencies as part of the COUNTY'S audit responsibilities. COUNTY and its authorized representatives shall, at all times, have access for the purpose of audit or inspection to any and all books, documents, papers, records, property, and premises of CITY. CITY'S staff will cooperate fully with authorized auditors when they conduct audits and examinations of CITY'S program. If indications of misappropriation or misapplication of the funds of this AGREEMENT cause COUNTY to require a special audit, the cost of the audit will be encumbered and deducted from funds allocated to CITY'S CDBG AUTHORIZED PROJECTS. Should COUNTY subsequently determine that the special audit was not warranted, the amount encumbered will be restored to said CDBG AUTHORIZED PROJECT allocations. Should the special audit confirm misappropriation or misapplication of funds, CITY shall reimburse COUNTY the amount of misappropriation or misapplication from non-CDBG funding sources. 18. REVERSION OF ASSETS Upon AGREEMENT termination, CITY shall transfer to COUNTY all CDBG funds on-hand (including, but not limited to, program income) at the time of expiration and any accounts receivable attributable to the use of CDBG funds. All real property acquired or improved in whole or in part with CDBG funds in excess of $25,000 under this AGREEMENT must continue in the use that provides the service benefits and national objectives, for which it was funded until five years after expiration of this AGREEMENT as set forth in 24 CFR 570.503, or such longer period of time as determined by COUNTY; or it must be disposed of in a manner resulting in a reimbursement to COUNTY in the amount of the current fair market value of the property, as determined by COUNTY, less any portion thereof attributable to expenditures of non- ) Revised 1/8/13 Page 7 of 12 C.4.a Packet Pg. 76 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) CDBG funds for the acquisition of, or improvement to the property. This Section 18 shall survive the termination of this AGREEMENT. 19. TERMINATION AND TERMINATION COSTS This Delegate Agency Agreement may be terminated in whole or in part at any time by either party upon giving 60 days notice in writing to the other party if for whatever reason either party no longer desires to have CITY implement CDBG funded projects/programs. If the Delegate Agency Agreement is terminated, the AGREEMENT shall continue in full force until such time as described in SECTION 1 GENERAL and SECTION 2 TERM of AGREEMENT. An agreement must be reached by both parties as to conditions for termination in compliance with the provisions of federal regulations at 24 CFR Part 85.44, Termination for Convenience. EDA is hereby empowered to give said notice subject to ratification by the COUNTY Board of Supervisors. COUNTY may immediately terminate this Delegate Agency Agreement upon the termination, suspension, discontinuation or substantial reduction in HDD CDBG funding for the Delegate Agency Agreement activity or if for any reason the timely completion of the work under this AGREEMENT is rendered improbable, infeasible or impossible. If CITY materially fails to comply with any term of this AGREEMENT, COUNTY may take one or more of the actions provided under the federal regulation at 24 CFR Part 85.43, Enforcement, which includes temporarily withholding cash, disallowing non- compliant costs, wholly or partly terminating the award, withholding future awards, and other remedies that are legally available. In such an event, CITY shall be compensated for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Agreement that have been previously reimbursed, to the date of said termination to the extent that CDBG funds are available from HDD. 20. PROJECT ACKNOWLEDGMENT Should CITY determine that the funding sources or the names of responsible public officials be displayed on a completed building or significant project, such identification should be acknowledged on a plaque, permanently mounted in an appropriate location, made of bronze or other appropriate material, acknowledging the funding source as the Department of hlousing and Urban Development, San Bernardino County Community Development Block Grant. The current Board of Supervisors and the members of the CITY Council shall also be identified. When multiple funding sources are utilized to construct a project, all funding sources shall be identified. The listing order of multiple funding sources identified on the plaque shall be the largest dollar amount first, the second largest dollar amount second, etc. 21. CONTRACT COMPLIANCE CITY will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and Labor Surplus Area Firms (a firm located in an area of high unemployment) are used when possible in compliance with provisions of Title 24 code of federal regulations Part 85.36(e). ITY shall comply with Executive Orders 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107, (Equal Employment Opportunity), Executive Orders 11625, 12138, 12432,12250, and Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, and other applicable federal, state and COUNTY laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. CITY shall make every effort to ensure that all projects funded wholly or in part by CDBG program funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, CITY shall make every effort to employ residents of the area and shall keep a report of CITY staff positions that have been funded directly by, or as a result of this program. Revised 1/8/13 Page 8 of 12 C.4.a Packet Pg. 77 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) 22. DISCRIMINATION No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment by CITY. 23. STANDARDS OF CONDUCT Pursuant to Office of Management and Budget Circular A-110 Attachment 0 and 24 CFR 570.611, Conflict of Interest, and 24 CFR Part 85.36, Procurement, CITY shall maintain a written code or standards of conduct that shall govern the performance of their officers, employees or agents engaged in the award and administration of contracts supported by federal funds. No employee, officer or agent of the CITY shall participate in selection, award, or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a. The employee, officer or agent; b. Any member of his immediate family; c. His or her partner; or d. An organization, which employs, or is about to employ, any of the above, has financial or other interest in the firm selected for award. CITY officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-Agreements. CITY may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by state or local law or regulations, such standards of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by CITY'S officers, employees, or agents, or by contractors or their agents. 24. FORMER COUNTY OFFICIALS CITY agrees to provide or has already provided information on former COUNTY Administrative Officials (as defined below) who are employed by or represent CITY. The information required includes a list of former COUNTY Administrative Officials, who terminated County employment within the last five years and are now officers, or employees of CITY. The information includes the employment with or representation of CITY. For purposes of this provision, "COUNTY Administrative Official" is defined as a member of the Board of Supervisors or such Officer's staff, COUNTY Chief Executive Officer or member of such Officer's staff, COUNTY Department or Group hlead, Assistant Department or Group Head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. 25. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES CITY agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this AGREMENT will be used exclusively for performance of the work required under this Agreement and no funds made available under this AGREEMENT shall be used to promote any religious or political activities. Revised 1/8/13 Page 9 of 12 C.4.a Packet Pg. 78 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) 26. INDEMNIFICATION CITY agrees to indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this AGREEMENT, resulting from the negligent acts, errors or omissions of the CITY, its authorized officers, employees, agents or volunteers, including, but not limited to, such liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HDD or its successor that activities undertaken by CITY under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CITY under this AGREEMENT were improperly expended. COUNTY agrees to indemnify, defend and hold harmless CITY, its officers, agents, volunteers, and employees, from any and all claims, actual losses, damages and or liability that may result from the negligent acts, errors or omissions of the COUNTY, its authorized officers, employees, agents, or volunteers. This SECTION 26 INDEMNICATION shall survive the termination of this Delegate Agency Agreement. 27. SELF-INSURANCE The CITY and the COUNTY are authorized self-insured public entities for purposes of general liability, automobile liability, professional liability and workers' compensation. CITY and COUNTY warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against any liabilities arising out of their performance regarding the terms and conditions of this AGREEMENT. 28. AMENDMENTS: VARIATIONS This writing, with attachments, embodies the whole of this Delegate Agency Agreement of the parties hereto. There are no oral agreements contained herein. Except as herein provided, additions or variations of the terms of this Delegate Agency Agreement shall not be valid unless made in the form of a written amendment to this Delegate Agency Agreement formally approved and executed by both parties. 29. AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING fARRA) Use ofARRA Funds and Reauirements This AGREEMENT may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 ofARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement. Request for a waiver must be made to the County for an appropriate determination. Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Revised 1/8/13 Page 10 of 12 C.4.a Packet Pg. 79 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate" requirement. The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. Contractor must contact the County contact if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Contractor may also be required to register in the Central Contractor Registration (CCR) database at http://www.ccr.gov and may be required to have its subcontractors also register in the same database. Contractor must contact the County with any questions regarding registration requirements. Schedule of Expenditure of Federal Awards In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required byARRA Section 1512 (c). In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds. Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill any reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. // // // // // // Revised 1/8/13 Page 11 of 12 C.4.a Packet Pg. 80 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) WNstleblower Protection Contractor agrees that both it and its subcontractors shall comply with Section 1553 of the ARRA, which prohibits all non-Federal contractors, including the State, and all contractors of the State, from discharging, demoting or otherwise discriminating against an employee for disclosures by the employee that the employee reasonably believes are evidence of: (1) gross mismanagement of a contract relating to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and specific danger to public health or safety related to the implementation or use of ARRA funds; (4) an abuse of authority related to the implementation or use of recovery funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to ARRA funds. Contractor agrees that it and its subcontractors shall post notice of the rights and remedies available to employees under Section 1553 of Division A, Title XV of the ARRA COUNTY OF SAN BERNARDINO ^r-, t^^.-^e'^ regfi/ry<T/l?e)'ereaux, Chief Execdtive Officer Dated:'9/^/y CITY OF GRAND TERRACE ~7Byi: (Authorizes signature -3?gn in blue ink) Name: Wait Stanckiewitz Title:(Print or type name of person signing contract) Mayor (Print or Type)Dated: .TLn^Y Z "5. 2^/4 Address: 22795 Barton Road Grand Terrace, CA 92313-5207 iroved as to _Legal Form^D^^^. Michetle Blakerrisis^phief A^st. County Counsel Date_,^-l:»--^fct Reviewed by Contract Compliance^ Q,r^^^ Art Milian, Contract ComplianceQ-is'^oiyDate Pre^nfi^d to BOS for SignatureAL Dena Fuentes, De|)firtment Head Date^.Y/IT Revised 1/8/13 Page 12 of 12 C.4.a Packet Pg. 81 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) ATTACHMENT A - REQUEST TO INITIATE PROJECT/ACTIVITY PROJ ECT/CASE NUMBER:DATE OF ORIGINAL ISSUE: CFDANo.:14.218 TARGET AREA: ORIGINAL: DATE OF REVISION: REVISION No.: Pursuant to the terms of the Delegate Agency Agreement between Economic Development Agency (EDA)/Department of Community Development and Housing (CDH), and the City of , dated , CDH hereby requests that the following project/activity be initiated. There will be no changes in Project/Activity Title, Activity Budget (Attachment A) or in the Activity Description (Attachment B) without written approval of EDA Administrator/CDH Director/ or their Designee. PROJECT/ACTIVITY TITLE: ACTIVITY LOCATION: DATE OF RELEASE OF FUNDS: SCHEDULE OF CITY CDBG ALLOCATION: TOTAL PROJECT FUNDING: CITY CDBG ALLOCATION RELEASED: CITY CDBG FUNDS EXPENDED AS OF : BALANCE OF FUNDS AVAILABLE: $- $- $- $- Year 1-37 Act# Year 38 Act# Year 39 Act#Year 40 Act#_ Year 41 Act# Year 42 Act#Year 43Act# (75-2012)$(2012-13)$(2013-14)$(2014-15) (2015-16)$ $(2016-17)$(2017-18)$ TOTAL OF 43 YEARS$ MAINTENANCE AND OPERATION BUDGET/AGREEMENT: OTHER PERTINENT INFORMATION: ACCEPTANCE OF REQUEST TO INITIATE PROJECT/ACTIVITY I hereby acknowledge the receipt of the Request to Initiate the above Project/Activity and agree to implement the activity described in Attachment B (Project/Activity Description) in accordance with the above Allocation and Balance of Funds Available subject to necessary approvals of the Board of Supervisors. The proposed budget for this project is as follows: LAND ACQUISITION: $_ STAFF COST RELATED TO LAND ACQUISITION: $_DESIGN: $_ CONSULTANT SERVICES: $_ PURCHASE OF EQUIPMENT: $_ CONSTRUCTION COST: $_CITY STAFF COST: $_CONTINGENCY: $ IMPLEMENTING CITY: TOTAL CITf CDBG ALLOCATION AVAILABLE: $_ DATE: SIGNATURE:TITLE: COUNTY OF SAN BERNARDINO DATE: EDA Administrator/ CDhl Director or Designee C.4.a Packet Pg. 82 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) ATTACHMENT B - PROJECT/ACTIVITY DESCRIPTION PROJECT/CASE NUMBER: CFDANo.: 14.218 TARGET AREA: PROJECT/ACTIVITY TITLE: ACTIVITY LOCATION: ACTIVITY DESCRIPTION: DATE OF ORIGINAL ISSUE: ORIGINAL: REVISION No.: DATE OF REVISION: IMPLEMENTING CITY: SIGNATURE COUNTY OF SAN BERNARDINO DATE TITLE EDA Administrator/CDH Director or Designee DATE C.4.a Packet Pg. 83 At t a c h m e n t : G T A m e n d e d & R e s t a t e d C o o p e r a t i o n A g r e e m e n t 2 0 1 4 ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) Standard Contract Page 1 of 3 THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Community Development and Housing Department Contract Representative Bryan Anderson, Supervising Analyst Telephone Number (909) 387-4351 Consultant City of Grand Terrace Consultant Representative Todd Nakasaki Telephone Number (909) 824-6621 Ext 214 Contract Term 2015-2018;2018-2021 Original Contract Amount N/A Amendment Amount N/A Total Contract Amount N/A Cost Center N/A FIRST AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT This First Amendment to the Amended and Restated Cooperation Agreement is made and entered into by and between the County of San Bernardino, of the State of California, hereinafter to as “COUNTY,” and the City of Grand Terrace , a city within the COUNTY, hereinafter referred to as “CITY.” WHEREAS, the COUNTY and the CITY entered into that Amended and Restated Cooperation Agreement for Housing and Urban Development Community Development and Planning Grants for Fiscal Years 2015-16, 2016-17, 2017-18 and Subsequent Automatic Renewals, Unless Terminated, Contract No. 14-406 , hereinafter referred to as “Agreement.” WHEREAS, pursuant to Section 2 of the Agreement, the CITY and COUNTY can adopt amendments necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice. Contract Number SAP Number C.4.b Packet Pg. 84 At t a c h m e n t : G T 1 s t A m e n d m e n t t o t h e A m e n d e d a n d R e s t a t e d A g r e e m e n t ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) Revised 3/5/20 Page 2 of 3 WHEREAS, the United States Department of Housing and Urban Development has notified the COUNTY that the Agreement must be amended to include provisions in Notice CPD-20-03. WHEREAS, to implement and effectuate the provisions in Notice CPD-20-03, the COUNTY and CITY desire to enter into this First Amendment to the Amended and Restated Cooperation Agreement, hereinafter referred to as “First Amendment.” NOW, THEREFORE, the COUNTY and CITY hereby agree that the Agreement is amended as follows effective July 1, 2021: Section 2 of the Agreement is hereby amended to include the following: By the date specified in HUD’s Urban County Qualification Notice for the next qualification period, the COUNTY will notify the CITY in writing of its right not to participate and that such notice will be sent to the HUD Field Office by the date specified in the Urban County Qualification Notice schedule. If the CITY elects not to participate in a new qualification period, it must provide written notice to the COUNTY and send a copy of that notice to the HUD Field Office. Section 5 of the Agreement is hereby amended to include the following: The COUNTY and the CITY obligate themselves to take all actions necessary to assure compliance with the COUNTY’s certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 and the Fair Housing Act and will affirmatively further fair housing. See 24 CFR 91.225(a) and 5.105(a). The COUNTY and the CITY obligate themselves to comply with section 109 of Title I of the Housing and Community Development Act of 1973, of Title II of the Americans with Disabilities Act, the Age Discrimination Act of 1975, and Section 3 of the Housing and Urban Development Act of 1968, and all other applicable laws. The COUNTY will prohibit urban county funding for activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the COUNTY’s actions to comply with the COUNTY’s fair housing certification. Section 16 of the Agreement is hereby added to the Agreement as follows: 16. The CITY understands that it may receive a formula allocation under the ESG Program only through the urban county. Section 17 of the Agreement is hereby added to the Agreement as follows: 17. The COUNTY has authorized its Chief Executive Officer to execute all documents, including any necessary Amendments, to comply with, and implement, HUD CPD Notices and other requirements. The CITY has authorized its City Manager to execute all documents, including any necessary Amendments, to comply with, and implement, HUD CPD Notices and other requirements. Section 18 of the Agreement is hereby added to the Agreement as follows: 18. The COUNTY and CITY have each caused this AGREEMENT to be authorized by its respective duly authorized officers, on its behalf. Except as expressly modified by this Amendment, all other provisions of the Agreement remain unmodified and continue in full force and effect. In the event of any conflict between this Amendment and the Agreement, the C.4.b Packet Pg. 85 At t a c h m e n t : G T 1 s t A m e n d m e n t t o t h e A m e n d e d a n d R e s t a t e d A g r e e m e n t ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) Revised 3/5/20 Page 3 of 3 provisions of this Amendment shall prevail. This Amendment may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. IN WITNESS WHEREOF, the COUNTY and CITY have each caused this Amendment to be authorized by its respective duly authorized officers, on its behalf. FOR COUNTY USE ONLY Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Deputy County Counsel Date Date Date COUNTY OF SAN BERNARDINO CITY OF GRAND TERRACE By Curt Hagman, Chairman, Board of Supervisors Dated: Name SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Title Lynna Monell Clerk of the Board of Supervisors of the County of San Bernardino By Dated: Deputy Address C.4.b Packet Pg. 86 At t a c h m e n t : G T 1 s t A m e n d m e n t t o t h e A m e n d e d a n d R e s t a t e d A g r e e m e n t ( A m e n d m e n t t o C D B G C o o p e r a t i o n A g r e e m e n t ) AGENDA REPORT MEETING DATE: August 11, 2020 Council Item TITLE: Approval of the July-2020 Check Register in the Amount of $747,834.66 PRESENTED BY: Cynthia Fortune, Assistant City Manager RECOMMENDATION: Approve the Check Register No. 07312020 in the amount of $747,834.66 as submitted, for the period ending July 31, 2020. 2030 VISION STATEMENT: This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the continuous monitoring of expenditure budgets, allocations and operational costs. BACKGROUND: The check registers for the month of July 2020 has been prepared in accordance with Government Code §37202 and are hereby submitted for City Council’s approval. The check register list all vendor payments for the respective month, along with a brief description of the type of goods or services purchased and the account code(s) associated with each payment. The check registers list all payments made to vendors and employee reimbursements during the month of July. 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 Grand Terrace 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. DISCUSSION: CHECK REGISTER A total of $747,834.66 in accounts payable checks and/or wires were issued during the period for services, reimbursements, supplies and contracts and are detailed in the individual monthly registers. Below is a table that lists payments larger than $10,000 for the month of July-2020. C.5 Packet Pg. 87 Payments larger than $10,000: Check No. Payee Description Amount July-2020 77413 INTERWEST CONSULTING GROUP SEP-2019 BDLG OFFICIAL & PLAN CHECK SVCS $21,440.00 77421 ALESHIRE & WYNDER MAY-2020 LEGAL SERVICES $19,322.41 77437 ALESHIRE & WYNDER JUN-2019 LEGAL SERVICES $17,738.40 77441 SB COUNTY SHERIFF JAN-2020 & MAY-2020 LAW ENFORCEMENT SVCS, 4TH QTR INCREASED COSTS $352,510.00 77451 GOVINVEST ANNUAL PENSION OPEB SOFTWARE (2020-21 & 2020-22) $12,000.00 77456 SB COUNTY SHERIFF 2020-21 CAL ID ASSESSMENT FEE $14,931.72 77475 SB COUNTY SHERIFF JUL-2020 LAW ENFORCEMENT SERVICES $184,003.00 16075967 CALPERS JUL-2020 HEALTH PREMIUMS $17,259.65 TOTAL PAYMENTS LARGER THAN $10,000 $639,205.18 PAYROLL Payroll costs for the month: Pay Per. Period Start Period End Pay Date Amount Jul-20 1 From 6/13/2020 to 6/26/2020 7/2/2020 $54,128.89 2 From 6/27/2020 to 7/10/2020 7/16/2020 $40,875.53 3 From 7/11/2020 to 7/24/2020 7/30/2020 $40,606.04 $135,610.46 FISCAL IMPACT: All disbursements (including payroll) were made in accordance with the Approved Budget for Fiscal Year 2020-21 in the amount of: Description Amount Jul-20 Check Register $747,834.66 Payroll $135,610.46 $883,445.12 ATTACHMENTS: • Check Register Account Index (PDF) • July-2020 Check Register (PDF) C.5 Packet Pg. 88 APPROVALS: Cynthia A. Fortune Completed 08/05/2020 7:12 PM Finance Completed 08/05/2020 7:13 PM City Attorney Completed 08/05/2020 7:40 PM City Manager Completed 08/06/2020 8:33 PM City Council Pending 08/11/2020 6:00 PM C.5 Packet Pg. 89 CITY OF GRAND TERRACE FY2020-21 GRAND TERRACE CIVIC CENTER 22795 BARTON ROAD GRAND TERRACE, CA 92313 CHECK REGISTER Account Index Darcy McNaboe, Mayor Doug Wilson, Mayor Pro Tem Sylvia Robles, Council Member Bill Hussey, Council Member Jeff Allen, Council Member The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm. C.5.a Packet Pg. 90 At t a c h m e n t : C h e c k R e g i s t e r A c c o u n t I n d e x ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) Fund No.Fund Name Dept No.Department Cost Center Acct No.General Account Numbers 09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES 10 GENERAL FUND 120 CITY MANAGER 115 OVERTIME 11 STREET FUND 125 CITY CLERK 120 COUNCIL STIPENDS 12 STORM DRAIN FUND 140 FINANCE 138 MEDICARE / SUI 13 PARK FUND 160 CITY ATTORNEY 139 EMPLOYEES' BENEFIT PLAN 14 AB 3229 COPS FUND 172 BUILDING & SAFETY 140 RETIREMENT 15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 142 HEALTH/LIFE INSURANCE 16 GAS TAX FUND 180 COMMUNITY EVENTS 143 WORKERS' COMPENSATION 17 TRAFFIC SAFETY FUND 185 RENTAL INSPECTION PROGRAM 210 OFFICE EXPENSE 18 TRANS. DEV. ACT (T D A FUND)187 ENFORCEMENT PROGRAM 211 POSTAGE & MAILING 19 FACILITIES DEVELOPMENT FUND 190 NON-DEPARTMENTAL 220 SPECIAL DEPARTMENTAL EXP 20 MEASURE I FUND 195 FACILITIES MAINTENANCE 230 ADVERTISING 21 WASTE WATER DISPOSAL FUND 370 PLANNING & DEVELOPMENT SVCS 235 COMMUNICATIONS 22 COMMUNITY DEV. BLOCK GRANT 380 MGT INFORMATION SYSTEMS 238 UTILITIES 25 SPRING MOUNTAIN RANCH FUND 410 LAW ENFORCEMENT 240 RENTS & LEASES 26 LSCPG/ LGHTG ASSESSMENT DIST.411 ASSET FORFEITURES 244 CUSTODIAL SERVICES 32 S/A CAPITAL PROJECTS FUND 430 RECREATION SERVICES 245 MAINT BLDG GRNDS EQUIPMNT 36 S/A 2011 TABS BOND PROCEEDS 441 CHILD CARE - NUTRITION GRANT 246 MAINT/OPER OF EQUIPMNT 45 CIP - COMMERCE WAY 445 CHILD CARE - TINY TOTS 250 PROFESSIONAL SERVICES 46 CIP - STREET IMPROVEMENTS 446 CHILD CARE - AFTER SCHOOL 251 BANKING SERVICE CHARGES 47 CIP - BARTON RD. BRIDGE PROJECT 447 CHILD CARE - PRE-SCHOOL 252 ROAD MAINTENANCE 48 CIP - CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 254 STREET SWEEPING 49 CIP - PARKS 461 COMMUNITY GRANTS 255 CONTRACTUAL SERVICES 50 CAPITAL PROJECT BOND PROCEEDS 500 AIR QUALITY PROGRAMS 256 ANIMAL SHELTERING SVCS 52 HOUSING AUTHORITY 510 STREET & SIGNAL LIGHTING 260 INSURANCE & SURETY BONDS 61 COMMUNITY BENEFITS FUND 573 LINE MAINTENANCE 265 MEMBERSHIPS & DUES 62 LIGHT UP GRAND TERRACE FUND 600 ZONE 1 13364 CANAL -TERR PINES 268 TRAINING 63 ILLEGAL FIREWORKS FUND 601 ZONE 3 TRACT 14471 PICO & ORIOLE 270 TRAVEL/CONFERENCES/MTGS 64 PUBLIC SAFETY FUND 602 ZONE 2 14264 FORREST CITY PHASE II 271 MILEAGE 65 SENIOR BUS PROGRAM FUND 603 ZONE 4 TRACT 17766 GREENBRIAR 625 NPDES 66 CAL RECYCLE GRANT 604 ZONE 5 TRACT 18793 PALOMINO 631 STORM DRAIN MAINTENANCE 67 PUBLIC EDUC & GOVT ACCESS (PEG)605 ZONE 6 TRACT 18071 JADEN 801 PLANNING COMMISSION 68 40TH YR CELEBRATION FUND 606 ZONE 7 TRACT 18604 TESORO/VAN BUREN 804 HISTORICAL & CULTURAL COMM. 69 COMMUNITY DAY FUND 625 NPDES 311 FACILITY IMPROVEMENTS 70 FIXED ASSED/EQUIP REPL FUND 631 STORM DRAIN MAINTENANCE 570 WASTEWATER TREATMENT 73 ACTIVE TRANS PRGM (ATP) GRANT 700 CAPITAL OUTLAY 400 OTHER COMMUNITY GRANTS 74 HIGHWAY SFTY IMPV PRGM (HSIP)705 EVERY 15 MINUTES 601 ELECTRICAL VEHICLE STATIONS 75 EMER MGMT PREP GRANT (EMPG)801 PLANNING COMMISSION 700 COMPUTER EQUIPMENT 76 ENHANCED INFRA FIN DIST (EIFD)804 HISTORICAL & CULTURAL COMMITTEE 701 CAPITAL IMPROVEMENT OTHER 77 SO CAL INCENTIVE PROJECT (SCIP)805 SENIOR CITIZENS PROGRAM 705 VEHICLES 90 COVID-19 EMERGENCY FUND 808 EMERGENCY OPERATIONS PROG.998 OVERHEAD COST ALLOCATION 95 DOG PARK ENDOWMENT FUND 999 TRANSFERS 999 TRANSFERS OUT City of Grand Terrace Check Register Index C.5.a Packet Pg. 91 At t a c h m e n t : C h e c k R e g i s t e r A c c o u n t I n d e x ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) CITY OF GRAND TERRACE FY2020-21 GRAND TERRACE CIVIC CENTER 22795 BARTON ROAD GRAND TERRACE, CA 92313 MONTHLY CHECK REGISTER For the Period Ending July 31, 2020 Darcy McNaboe, Mayor Doug Wilson, Mayor Pro Tem Sylvia Robles, Council Member Bill Hussey, Council Member Jeff Allen, Council Member The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm. C.5.b Packet Pg. 92 At t a c h m e n t : J u l y - 2 0 2 0 C h e c k R e g i s t e r ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) Invoice #Inv. Date Amount Paid Check Total 77408 07/05/2020 CENTURYLINK 120679260 JUN 2020 PHONE & INTERNET SERVICES 06/17/2020 Check #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 7/31/2020 E 10-370-230-000-000 148.07 148.07 148.07 77410 07/05/2020 COLTON PUBLIC UTILITIES MAR-MAY2020 G MAR-MAY2020 GT SEWER COMM 06/29/2020 E 10-190-235-000-000 1,330.82 1,330.82 1,330.82 77409 07/05/2020 CITY NEWSPAPER GROUP 32416 CONDITIONAL USE PERMIT 19-01 & ARCH. REVIEW 06/30/2020 E 10-175-218-000-000 79.00 79.00 79.00 77412 07/05/2020 WILLIAM HUSSEY JUN-2020-BH HL JUN-2020 HEALTH REIMBURSEMENT 06/30/2020 E 10-190-238-000-000 625.58 625.58 625.58 77411 07/05/2020 HOSE MAN INC 6218235-01 HOSE FOR ROUNDUP SPRAY 04/30/2020 E 10-175-250-000-000 4,420.00 4,420.00 21,440.00 77414 07/05/2020 MORAN JANITORIAL SERVICES LLC 1734 JANITORIAL SERVICES FOR CITY HALL, RICHARD 07/01/2020 E 10-172-250-100-000 17,020.00 17,020.00 53843 PW0-000-566 & APR PLAN CHECK SVCS 10/14/2019 E 10-110-142-000-000 269.42 269.42 269.42 77413 07/05/2020 INTERWEST CONSULTING GROUP 53725 SEPT BUILDING OFFICIAL SERVICES 10/19/2019 E 10-195-245-000-000 555.00 E 10-450-245-000-000 1,110.00 1,665.00 1,665.00 C.5.b Packet Pg. 93 At t a c h m e n t : J u l y - 2 0 2 0 C h e c k R e g i s t e r ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 7/31/2020 E 10-370-220-000-000 12.00 12.00 12.00 77416 07/05/2020 SECURITY LINES US LLC 1672 SURVEILLANCE EQUIPMENT 06/30/2020 77415 07/05/2020 S B COUNTY RECORDER FNB20200004634 OFFICIAL RECORD REQUEST FNB20200004634 06/29/2020 E 10-450-245-000-000 3.40 3.40 3.40 77418 07/05/2020 TIME WARNER CABLE 0228510062520 CITY HALL CABLE - CITY HALL JUN-JUL 06/25/2020 E 10-450-245-000-000 9,009.61 9,009.61 9,009.61 77417 07/05/2020 SITEONE LANDSCAPE SUPPLY 101016908-001 RAIN BIRD 1800 XERI-CAP RETRO KIT 06/25/2020 E 10-172-250-000-000 427.50 427.50 2020-344 MAY PUBLIC WORKS SERVICES 06/26/2020 E 10-805-238-000-000 83.91 83.91 198.89 77419 07/05/2020 TKE ENGINEERING INC 2020-343 MAY PUBLIC WORKS SERVICES 06/26/2020 E 10-190-238-000-000 114.98 114.98 0153825062320 SR CENTER INTERNET HSD3 JUN-JUL 06/23/2020 E 16-900-220-000-000 36.26 36.26 108.96 E 16-900-220-000-000 72.70 72.70 dsb20193389 CA STATE FEE FOR REGULATORY COSTS 07/01/2020 E 10-172-250-000-000 220.00 220.00 647.50 77420 07/05/2020 UNDERGROUND SERVICE ALERT 620200296 UNDERGROUND DIGGING NOTIFICATION 07/01/2020 C.5.b Packet Pg. 94 At t a c h m e n t : J u l y - 2 0 2 0 C h e c k R e g i s t e r ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 7/31/2020 77421 07/12/2020 ALESHIRE AND WYNDER LLP 57442 MAY 2020 LEGAL SERVICES - PLANNING 06/25/2020 E 10-160-250-100-000 3,072.43 3,072.43 57439 MAY 2020 LEGAL SVCS- SPECIAL PROJ 06/25/2020 E 10-160-250-000-000 5,687.50 5,687.50 57441 MAY LEGAL SVCS- NON RETAINER - PERSONNEL 06/25/2020 E 10-160-250-000-000 8,185.00 8,185.00 57438 MAY 2020 LEGAL SERVICES 06/25/2020 E 10-160-250-000-000 61.50 61.50 57445 MAY 2020 LEGAL SERVICES- COVID 19 06/25/2020 E 10-160-250-000-000 570.00 570.00 57440 MAY JUN 2020 LEGAL SERVICES - LITIGATION 06/25/2020 E 10-160-250-100-000 1,726.98 1,726.98 57443 MAY 2020 LEGAL SERVICES- ENGINEERING 06/25/2020 77424 07/12/2020 FRUIT GROWERS SUPPLY 92071637 CHAIN 20" STIHL 07/15/2019 E 10-140-250-000-000 202.20 202.20 202.20 77423 07/12/2020 CLEAN STREET 97559 JUNE 2020 STREET SWEEPING SERVICES 06/30/2020 E 90-160-250-000-000 19.00 19.00 19,322.41 77422 07/12/2020 AVENU MUNISERVICES INV06-009400 BUSINESS LICENSE PROCESSING JUN 2020 07/07/2020 E 10-450-245-000-000 56.44 56.44 E 16-900-254-000-000 5,101.24 5,101.24 5,101.24 C.5.b Packet Pg. 95 At t a c h m e n t : J u l y - 2 0 2 0 C h e c k R e g i s t e r ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 7/31/2020 92152640 53.83 92156509 CULTIVATOR WEEDER, VALVE BALL PVC, COUPL 06/23/2020 E 10-450-245-000-000 31.94 COUPLER PVC SLIP REPAIR, ELBOW PVC, CAP PV 06/09/2020 E 10-450-245-000-000 53.83 11.17 92154773 PIPE PVC SCH 40 06/16/2020 E 10-450-245-000-000 6.25 23.89 92153527 TEE PVC, BUSHING PVC, NIPPLE TRANS, NIPPLE 06/11/2020 E 10-450-245-000-000 11.17 31.94 92151919 CAUTION TAPE AND BRUSH WIRE SHOE HANDLE 06/05/2020 E 10-450-245-000-000 23.89 E 10-172-250-100-000 520.00 520.00 58211 FEB COMMERCE WAY CONSTRUCTION MGMT 03/11/2020 E 45-900-326-020-000 7,710.00 7,710.00 58212 FEB PLAN REVIEW AND DEPUTY OFFICIAL SVCS 03/11/2020 6.25 183.52 77425 07/12/2020 INTERWEST CONSULTING GROUP 58674 3D MODELING 04/06/2020 E 45-900-326-020-000 290.00 290.00 51082 JUN 2019 COMMERCE WAY CONSTRUCTION MGM 07/10/2019 E 45-900-326-020-000 435.00 435.00 53842 SEPT COMMERCE WAY CONSTRUCTION MGMT 10/14/2019 E 45-900-326-020-000 282.50 282.50 9,237.50 C.5.b Packet Pg. 96 At t a c h m e n t : J u l y - 2 0 2 0 C h e c k R e g i s t e r ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 7/31/2020 366612822001 77426 07/12/2020 OFFICE DEPOT 478947536001 COLOR FASTENER FOLDERS 04/20/2020 99.20 349219674001 12W CAR CHARGER 07/26/2019 E 10-140-210-000-000 79.28 E 10-140-210-000-000 118.76 118.76 COFFEE, POST-IT, MEMORY CARD, TAPE MEASUR 08/21/2019 E 10-140-210-000-000 99.20 34.46 478316489002 PAPER TOWELS 04/20/2020 E 10-140-210-000-000 22.29 78.88 349219676001 PLANTRONICS POWER ADAPTER 07/26/2019 E 10-140-210-000-000 34.46 79.28 342739442001 SHARPIE, TUL PENS, PLANNER, NOTEBOOK 07/16/2019 E 10-140-210-000-000 78.88 E 10-380-250-000-000 1,715.50 1,715.50 1,715.50 77428 07/12/2020 SO CA EDISON COMPANY JUN 2020 EDISO JUN 2020 ENERGY USAGE 07/01/2020 22.29 432.87 77427 07/12/2020 ON SITE COMPUTING 53009150 WINDOWS 10 PRO PC INSTALLATION 06/30/2020 6,230.71 6,230.71 E 10-450-238-000-000 857.30 E 16-510-238-000-000 366.69 E 26-604-238-000-000 51.93 E 10-172-238-000-000 106.55 E 10-175-238-000-000 106.56 E 10-190-238-000-000 4,741.68 C.5.b Packet Pg. 97 At t a c h m e n t : J u l y - 2 0 2 0 C h e c k R e g i s t e r ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 7/31/2020 77429 07/12/2020 SO CA GAS COMPANY JUN 2020 GAS JUN 2020 GAS SERVICE 07/01/2020 B 23-250-20-00 134.56 134.56 134.56 77431 07/12/2020 WILLIAM HUSSEY JULY-2020-BH H JULY - 2020 HEALTH REIMBURSEMENT 07/01/2020 77430 07/12/2020 AMERICAN FIDELITY ASSURANCE CO D181833 JUL EMPLOYEE CANCER & ACCIDENT INSURANC 07/11/2020 E 10-190-238-000-000 36.57 E 10-805-238-000-000 67.39 103.96 103.96 E 10-120-210-000-000 3,598.00 3,598.00 3,598.00 77433 07/12/2020 ON SITE COMPUTING 54001178 AUG 2020 IT SERVICES 07/01/2020 E 10-110-142-000-000 269.42 269.42 269.42 77432 07/12/2020 GOVERNMENTJOBS COM INC NEOGOV INV-14973 FY20-21 PERFORMANCE EVALUATION SOFTWAR 06/18/2020 E 10-195-246-000-000 5,290.44 5,290.44 5,290.44 77435 07/12/2020 SB COUNTY ASSESSOR 108692 JUL 2020 ASSESSOR MONTHLY PARCEL MAP 06/30/2020 E 10-380-250-000-000 5,434.00 5,434.00 5,434.00 77434 07/12/2020 OTIS ELEVATOR COMPANY 100400013043 FY2020-21 ELEVATOR MAINTENANCE 06/15/2020 E 10-370-210-000-000 2.00 2.00 2.00 C.5.b Packet Pg. 98 At t a c h m e n t : J u l y - 2 0 2 0 C h e c k R e g i s t e r ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 7/31/2020 57524 E 10-190-265-000-000 1,751.74 1,751.74 1,751.74 77437 07/19/2020 ALESHIRE AND WYNDER LLP 57521 JULY 2019-JUNE 2019 LEGAL SERVICES 07/13/2020 77436 07/12/2020 SB COUNTY TREASURER 1800000394 LAFCO APPORTIONMENT ANNUAL FEE 06/22/2020 2,878.01 57523 JULY 2019-JUNE 2019 LEGAL SERVICES 07/13/2020 E 10-160-250-000-000 1,343.20 5,314.19 57526 JULY 2019-JUNE 2019 LEGAL SERVICES 07/13/2020 E 10-160-250-000-000 2,878.01 E 10-160-250-000-000 7,087.50 7,087.50 JULY 2019-JUNE 2019 LEGAL SERVICES 07/13/2020 E 10-160-250-000-000 5,314.19 203.50 57527 JULY 2019-JUNE 2019 LEGAL SERVICES 07/13/2020 E 90-160-250-000-000 19.00 893.00 57528 JULY 2019-JUNE 2019 LEGAL SERVICES 07/13/2020 E 10-160-250-000-000 203.50 1,343.20 57525 JULY 2019-JUNE 2019 LEGAL SERVICES 07/13/2020 E 10-160-250-000-000 893.00 E 10-120-250-000-000 3,000.00 3,000.00 E 10-140-250-000-000 144.09 144.09 144.09 77439 07/19/2020 CBRE INC 41251-RET20085 RETAINER - 22325 BARTON ROAD, GRAND 02/20/2020 19.00 17,738.40 77438 07/19/2020 CA STATE CONTROLLER FTB-00001874 STATE CONTROLLER 2019 OFFSETS PROGRAM 06/12/2020 C.5.b Packet Pg. 99 At t a c h m e n t : J u l y - 2 0 2 0 C h e c k R e g i s t e r ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 7/31/2020 41251-RET20085 RETAINER - 22300 BARTON ROAD, GRAND 02/20/2020 584.58 77441 07/19/2020 SB COUNTY SHERIFF 19078 JAN-2020 LAW ENFORCEMENT SERVICES 12/04/2019 E 10-120-250-000-000 3,000.00 3,000.00 6,000.00 77440 07/19/2020 CITY NEWSPAPER GROUP 32343 AD FOR GT FIREWORK USE 06/15/2020 E 10-410-256-000-000 156,397.81 E 14-411-256-000-000 8,973.19 165,371.00 19492 FY 2019-20 LAW ENFORCEMENT SERVICES 04/28/2020 E 10-410-256-000-000 156,397.80 E 14-411-256-000-000 8,973.20 165,371.00 19491 MAY-2020 LAW ENFORCEMENT SRVCS 05/28/2020 E 10-370-230-000-000 584.58 584.58 77443 07/19/2020 SO CA EDISON COMPANY JUN 2020 EDISO JUN 2020 ENERGY USAGE 07/01/2020 E 10-195-245-000-000 106.33 E 10-450-245-000-000 393.77 500.10 500.10 E 10-410-255-000-000 21,768.00 21,768.00 352,510.00 77442 07/19/2020 SITEONE LANDSCAPE SUPPLY 94001796-001 RAIN BIRD 1806, 1804, 1812 SPRAY AND HUNTER 08/22/2019 E 26-602-238-000-000 34.71 E 26-603-238-000-000 5.79 5,477.20 5,477.20 E 16-510-238-000-000 5,380.77 E 26-600-238-000-000 30.86 E 26-601-238-000-000 25.07 C.5.b Packet Pg. 100 At t a c h m e n t : J u l y - 2 0 2 0 C h e c k R e g i s t e r ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 7/31/2020 9857346755 110.61 77444 07/19/2020 SPARKLETTS 9637116 070120 JUN 2020 BOTTLED WATER SERVICES FPOR 07/01/2020 E 10-175-240-000-000 255.61 E 10-185-235-000-000 188.14 443.75 MAY-JUN APLR CARD LINE SERVICE 07/15/2020 77445 07/19/2020 VERIZON WIRELESS 9857699572 JUN 2020 MONTHLY PHONE CHARGES 07/01/2020 E 10-190-238-000-000 55.11 E 10-805-238-000-000 55.50 110.61 E 10-172-250-100-000 1,147.50 1,147.50 1,147.50 77447 07/19/2020 ADASTRAGOV INC 2020-10066 LABOR COSTING MODULE ANNUAL LICENSING FE 07/14/2020 E 10-190-235-000-000 190.05 190.05 633.80 77446 07/19/2020 WILLDAN 002-22940 JUNE 2020 PLAN CHECK AND REVIEW SVCS 07/08/2020 E 10-190-235-000-000 1,124.41 E 10-450-235-000-000 192.46 E 10-805-235-000-000 410.20 E 10-805-245-000-000 163.24 163.24 163.24 77449 07/19/2020 AT AND T JUL 2020 AT&T JUL 2020 AT&T 07/01/2020 E 10-140-250-000-000 9,998.00 9,998.00 9,998.00 77448 07/19/2020 ADT COMMERCIAL LLC 202841037 1ST Q 1ST QUARTER SENIOR CENTER SECURITY 06/27/2020 E 10-808-235-000-000 325.17 2,052.24 2,052.24 C.5.b Packet Pg. 101 At t a c h m e n t : J u l y - 2 0 2 0 C h e c k R e g i s t e r ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 7/31/2020 R 10-200-08 9.50 9.50 9.50 77451 07/19/2020 GOVINVEST INC 2020-2862 FY 2020-21 & 2021-22 PENSION AND OPEB SOFTW 07/14/2020 77450 07/19/2020 GREG BATLA 02152019 GB REFUND FOR OVERPAYMENT OF CANDIDATE STA 02/15/2019 R 10-200-08 9.50 9.50 9.50 77453 07/19/2020 PAY PLUS SOLUTIONS INC 23549 CALPERS MONTHLY CHARGES 07/01/2020 E 10-140-250-000-000 12,000.00 12,000.00 12,000.00 77452 07/19/2020 KENNETH J HENDERSON 02152019 KH REFUND FOR OVERPAYMENT OF CANDIDATE STA 02/15/2019 E 10-190-211-000-000 785.90 785.90 785.90 77455 07/19/2020 RECONSTRUCTION SERVICES R DEP-12133 RO DEPOSIT REFUND FOR RECONSTRUCTION SVCS 03/25/2020 E 10-140-255-000-000 253.51 253.51 253.51 77454 07/19/2020 QUADIENT LEASING USA INC N8372729 MAY-AUG 2020 POSTAGE METER LEASE 07/02/2020 E 10-410-258-000-000 14,931.72 14,931.72 14,931.72 77457 07/19/2020 SPARKLETTS 16179154 070420 JUL 2020 WATER FILTRATION SYSTEM RENTAL 07/04/2020 B 23-505-64-00 2,263.00 2,263.00 2,263.00 77456 07/19/2020 SB COUNTY SHERIFF 19760 FY2020-21 CAL-ID ASSESSMENT FEE 07/10/2020 E 10-190-238-000-000 78.00 78.00 78.00 C.5.b Packet Pg. 102 At t a c h m e n t : J u l y - 2 0 2 0 C h e c k R e g i s t e r ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 7/31/2020 E 10-805-238-000-000 278.22 278.22 278.22 77459 07/26/2020 4VIEW LLC REF DEP 4VIEW REFUNDABLE DEPOSIT - 22488 BARTON RD STE 1 06/29/2020 77458 07/19/2020 TIME WARNER CABLE 0007245070720 SR CENTER CABLE INTERNET BLDG3 JUL-AUG 07/18/2020 R 10-700-01 -19.16 B 23-200-21-00 383.23 364.07 SMIP2020-4Q-04 4TH QTR APR 2020-JUN2020 STRONG-MOTION 07/25/2020 B 23-510-31-00 1,875.00 1,875.00 1,875.00 77460 07/26/2020 CA STATE DEPT OF CONSERVATION SMIP2020-1Q-01 1ST QTR JUL2019-SEP19 STRONG MOTION 07/25/2020 536.43 R 10-700-01 -3.92 B 23-200-61-00 78.36 74.44 SMIP2020-2Q-02 2ND QTR OCT2019-DEC2019 STRONG-MOTION 07/25/2020 R 10-700-01 -4.00 B 23-200-21-00 80.00 76.00 SMIP2020-3Q-03 3RD QTR JAN2020-MAR2020 STRONG-MOTION 07/25/2020 E 10-125-230-000-000 462.70 462.70 32405 ORDINANCE 332 1ST READING 06/25/2020 77461 07/26/2020 CITY NEWSPAPER GROUP 32415 DISPLAY AD - GT RESOLUTION 2020-24 06/30/2020 R 10-700-01 -1.15 B 23-200-21-00 23.07 21.92 E 10-125-230-000-000 99.72 99.72 562.42 C.5.b Packet Pg. 103 At t a c h m e n t : J u l y - 2 0 2 0 C h e c k R e g i s t e r ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 7/31/2020 E 22-425-312-000-000 1,617.24 1,617.24 1,617.24 77463 07/26/2020 KOSMONT AND ASSOCIATES INC 1610.8-015 EFID IMPLEMENTATION SUPPORT SVCS 01/31/2020 77462 07/26/2020 FAMILY SERVICES ASSOCIATION 06-2020-6828 CDBG SR CENTER PROGRAMS 07/13/2020 E 16-900-257-000-000 644.88 644.88 644.88 77465 07/26/2020 THE REC CENTER 07012019 RC CDBG YOUTH SERVICES 07/01/2019 E 76-120-250-000-000 845.00 845.00 845.00 77464 07/26/2020 THE QUIKRETE COMPANIES LLC 19836393 CONCETE POTHOLE REPAIR MAINT 01/13/2020 E 10-190-212-000-000 322.19 322.19 855.46 77467 07/26/2020 AMERICAN FIDELITY ASSURANCE CO 2074485 CANCER AND ACCIDENT INSURANCE JUL ADJ 07/03/2020 E 10-190-212-000-000 533.27 533.27 010723737 JUN COPIER LEASE RENTAL & IMPRINTS 07/01/2020 E 22-425-311-000-000 5,373.00 5,373.00 5,373.00 77466 07/26/2020 XEROX CORPORATION 010723738 JUN COPIER LEASE RENTAL & IMPRINTS 07/01/2020 E 10-190-235-000-000 1,339.11 1,339.11 1,339.11 B 23-250-20-00 166.66 166.66 166.66 77468 07/26/2020 CENTURYLINK 130906689 JUL 2020 PHONE AND INTERNET SERVICES 07/17/2020 C.5.b Packet Pg. 104 At t a c h m e n t : J u l y - 2 0 2 0 C h e c k R e g i s t e r ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 7/31/2020 77469 07/26/2020 DMV RENEWAL LICENSE#61735X DMV VEHICLE REGISTRATION RENEWAL 07/31/2020 600.00 B 10-022-71-00 144.45 144.45 144.45 77471 07/26/2020 HIGH TECH SECURITY SYSTEMS 134072 AUG SECURITY SERVICES 07/01/2020 E 65-425-220-000-000 465.00 465.00 465.00 77470 07/26/2020 EYEMED FIDELITY SECURITY LIFE 164388126 JUL 2020 EMPLOYEE PAID VIS 06/21/2020 B 10-022-66-00 851.44 E 10-120-142-000-000 66.11 E 10-125-142-000-000 14.51 77472 07/26/2020 LINCOLN NATIONAL LIFE INSURANC LCLN AUG 2020 AUG 2020 LIFE/AD&D/DEP LIFE/WI/LTD 07/10/2020 E 10-175-246-000-000 300.00 E 10-450-246-000-000 300.00 600.00 E 16-175-142-000-000 24.54 E 52-400-142-000-000 1.31 E 65-425-142-000-000 3.80 E 10-185-142-000-000 21.43 E 10-370-142-000-000 22.79 E 10-450-142-000-000 9.81 E 10-140-142-000-000 8.82 E 10-172-142-000-000 6.32 E 10-175-142-000-000 29.52 E 10-110-142-000-000 596.19 596.19 596.19 E 74-175-142-000-000 2.47 1,062.87 1,062.87 77473 07/26/2020 DARCY MCNABOE AUG-2020 DM AUG 2020 HEALTH REIMBURSEMENT - DARCY 07/25/2020 C.5.b Packet Pg. 105 At t a c h m e n t : J u l y - 2 0 2 0 C h e c k R e g i s t e r ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 7/31/2020 77474 07/26/2020 SYLVIA ROBLES JUL-2020 SR JUL 2020 HEALTH REIMBURSEMENT - SYLVIA 07/25/2020 184,003.00 184,003.00 77476 07/26/2020 TIME WARNER CABLE 0197046071620 JUL-AUG CITY HALL CABLE - CITY HALL 07/16/2020 E 10-410-255-000-000 5,658.42 E 10-410-256-000-000 170,061.11 E 14-411-256-000-000 8,283.47 E 10-110-142-000-000 144.60 144.60 144.60 77475 07/26/2020 SB COUNTY SHERIFF 19788 JULY 2020 LAW ENFORCEMENT SERVICES 07/14/2020 E 10-125-210-000-000 OFFICE SUPPLIES 142.04 E 10-125-270-000-000 MTRLS & SUPPLIES 34.95 E 10-140-210-000-000 OFFICE SUPPLIES 646.00 E 10-110-210-000-000 ADOBE SUBSCRIPTION 178.16 E 10-120-210-000-000 MTRLS & SUPPLIES (PCs)1,052.90 E 10-120-265-000-000 CA CITY MGR ASSN MEMBE 800.00 E 10-190-238-000-000 105.73 105.73 105.73 77477 07/31/2020 ARROWHEAD CREDIT UNION JUNE 2020 VISA VISA CHARGES JUN - JUL 2020 07/02/2020 E 10-175-272-000-000 VEHICLE SUPPLIES 48.38 E 10-185-218-000-000 UNIFORMS 136.67 E 10-185-219-000-000 ANIMAL CTRL FREEZER 205.19 E 10-172-265-000-000 INT'L CODE DUES 55.00 E 10-175-220-000-000 MTRLS & SUPPLIES 14.99 E 10-175-235-000-000 MTRLS & SUPPLIES 19.14 E 10-140-265-000-000 FINANCE ASSN MEMBERSH 540.00 E 10-172-210-000-000 OFFICE SUPPLIES 16.44 E 10-172-235-000-000 MTRLS & SUPPLIES 19.14 E 10-370-220-000-000 POSTAGE 174.17 E 10-185-235-000-000 MTRLS & SUPPLIES 19.14 E 10-185-272-000-000 VEHICLE REPAIR & MAINT 48.72 E 10-190-211-000-000 POSTING & MAILING SUPPL 116.74 C.5.b Packet Pg. 106 At t a c h m e n t : J u l y - 2 0 2 0 C h e c k R e g i s t e r ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description Check Register CITY OF GRAND TERRACE As of 7/31/2020 Cynthia A. Fortune, Assistant City Manager City of Grand Terrace E 90-190-220-000-000 COVID-19 TESTING SUPPOR 840.00 E 90-450-245-000-000 HAND WASH STATIONS PA 1,880.00 7,420.54 7,420.54 E 10-450-245-000-000 GRAFFITI REMOVER SUPPL 186.29 E 90-175-220-000-000 COVID-19 PERS PRO EQUIP 246.48 E 10-172-142-000-000 518.28 E 10-175-142-000-000 1,198.53 E 10-185-142-000-000 1,295.70 B 10-022-61-00 5,824.60 E 10-120-142-000-000 2,045.61 E 10-125-142-000-000 647.85 16075967 07/03/2020 CA PUB EMPLOYEES RETIRE SYSTEM 07012020 HPERS JUL2020 PERS HEALTH INSURANCE ACH 06/15/2020 Total Checks:747,834.66 IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE LISTED CHECKS FOR PAYMENT OF CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE ACCURATE, NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CITY. I FURTHER CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE CITY HAS AVAILABLE FUNDS FOR PAYMENT THEREOF. E 74-175-142-000-000 64.79 17,259.65 17,259.65 E 16-175-142-000-000 1,133.74 E 52-400-142-000-000 64.79 E 65-425-142-000-000 647.85 E 10-190-142-000-000 2,263.07 E 10-370-142-000-000 1,036.56 E 10-450-142-000-000 518.28 C.5.b Packet Pg. 107 At t a c h m e n t : J u l y - 2 0 2 0 C h e c k R e g i s t e r ( J u l y - 2 0 2 0 C h e c k R e g i s t e r ) AGENDA REPORT MEETING DATE: August 11, 2020 Council Item TITLE: May 21, 2020 & June 18, 2020 Planning Commission - Site and Architectural Review Board Meeting Minutes PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: Receive and file. 2030 VISION STATEMENT: This staff report supports Goal #5, Engage in Proactive Communication. BACKGROUND: Beginning with the November 14, 2017 City Council meeting, the City Clerk was directed by the City Manager to provide Council with a copy of the Planning Commission, Historical & Cultural Activities Committee and Volunteer Emergency Operations Committee minutes to keep Council up-to-date on those Commission/Committee activities. On January 16, 2018, the City Manager requested that the Parks & Recreation Advisory Committee minutes be included in the Committee/Commission Report once that advisory body begins its regular meetings. Pursuant to Health and Safety Code Section 34179(j), the Countywide Oversight Board was created and became effective on July 1, 2018 which has replaced the City’s Oversight Board. Therefore, no future Oversight Board minutes will be included in this report going forward. DISCUSSION: On July 16, 2020, the Planning Commission – Site and Architectural Review Board held its Regular Meeting and approved the following meeting minutes: May 21, 2020 Regular Meeting June 18, 2020 Regular Meeting The minutes for these meetings are included as attachments to this report. The Planning Commission’s next Regular Meeting is scheduled for August 20, 2020. Historical & Cultural Activities Committee – None. Parks & Recreation Advisory Committee – None. C.6 Packet Pg. 108 FISCAL IMPACT: None. ATTACHMENTS: • 05-21-2020 - PC Minutes (PDF) • 06-18-2020 - PC Minutes (PDF) APPROVALS: Debra Thomas Completed 08/05/2020 2:03 PM City Attorney Completed 08/05/2020 7:44 PM Finance Completed 08/06/2020 3:43 PM City Manager Completed 08/06/2020 8:12 PM City Council Pending 08/11/2020 6:00 PM C.6 Packet Pg. 109 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES ● MAY 21, 2020 Council Chambers Regular Meeting 6:30 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Vice-Chair Edward Giroux convened the Regular Meeting of the Planning and Commission/Site and Architectural Review Board for Thursday, May 21, 2020. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Jeffrey McConnell. Attendee Name Title Status Arrived Edward A. Giroux Vice-Chair Present Tara Cesena Commissioner Present Jeffrey McConnell Commissioner Present Jeremy Briggs Commissioner Present David Alaniz Commissioner Present Steven Weiss Planning & Development Services Director Present Robert Khuu Assistant City Attorney Present Haide Aguirre Assistant Planner Present Debra Thomas City Clerk Present INSTALLATION OF COMMISSIONER David Alaniz, newly appointed Planning Commissioner was administered the Oath of Office by Debra Thomas, City Clerk. SELECTION OF NEW OFFICERS 1. Motion: Nomination for Chairperson Commissioner Briggs moved, with a second by Jeffrey McConnell, to nominate Vice- Chair Edward Giroux to serve as the Planning Commission Chairman. RESULT: ADOPTED [UNANIMOUS] MOVER: Jeremy Briggs, Commissioner SECONDER: Jeffrey McConnell, Commissioner AYES: Giroux, Cesena, McConnell, Briggs, Alaniz C.6.a Packet Pg. 110 At t a c h m e n t : 0 5 - 2 1 - 2 0 2 0 - P C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 City of Grand Terrace Page 2 2. Motion: Nomination for Vice-Chair Commissioner McConnell moved to nominate Commissioner Jeremy Briggs to serve as Vice-Chair. Commissioner Cesena made a substitute motion to nominate herself to serve as Vice- Chair. Robert Khuu, Assistant City Attorney explained to the Planning Commission how the process works when a substitute motion is made before a second is received on the original motion and that Commissioner Cesena’s substitute motion will be acted upon first. Commissioner Cesena’s substitute motion dies due to lack of a second. Commissioner McConnell moved, with a second from Commissioner Jeremy Briggs, to nominate Commissioner Jeremy Briggs to serve as the Planning Commission Vice- Chair. RESULT: ADOPTED [3 TO 2] MOVER: Jeffrey McConnell, Commissioner SECONDER: Jeremy Briggs, Commissioner AYES: Edward A. Giroux, Jeffrey McConnell, Jeremy Briggs NAYS: Tara Cesena, David Alaniz RECESS FOR REORGANIZATION Chairman Giroux recessed the regular meeting of the Planning Commission/Site and Architectural Review Board at 6:38 p.m. Chairman Giroux reconvened the regular meeting of the Planning Commission/Site and Architectural Review Board at 6:56 p.m. APPROVAL OF AGENDA Motion: Motion: May 21, 2020 Approval of Agenda RESULT: ADOPTED [4 TO 0] AYES: Edward A. Giroux, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSTAIN: David Alaniz C.6.a Packet Pg. 111 At t a c h m e n t : 0 5 - 2 1 - 2 0 2 0 - P C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 City of Grand Terrace Page 3 PRESENTATIONS None. PUBLIC ADDRESS None. A. CONSENT CALENDAR 1. Approval of Minutes – Special Meeting – 10/24/2019 RESULT: ACCEPTED [4 TO 0] MOVER: Jeremy Briggs, Vice-Chairman SECONDER: Tara Cesena, Commissioner AYES: Edward A. Giroux, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSTAIN: David Alaniz 2. Approval of Minutes – Special Meeting – 12/12/2019 RESULT: ACCEPTED [4 TO 0] MOVER: Jeremy Briggs, Vice-Chairman SECONDER: Tara Cesena, Commissioner AYES: Edward A. Giroux, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSTAIN: David Alaniz 3. Approval of Minutes – Regular Meeting – 02/20/2020 RESULT: ACCEPTED [4 TO 0] MOVER: Jeremy Briggs, Vice-Chairman SECONDER: Tara Cesena, Commissioner AYES: Edward A. Giroux, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSTAIN: David Alaniz B. ACTION ITEMS - NONE None. C.6.a Packet Pg. 112 At t a c h m e n t : 0 5 - 2 1 - 2 0 2 0 - P C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 City of Grand Terrace Page 4 C. PUBLIC HEARINGS 1. Zoning Code Amendment 20-01 and Specific Plan 20-01 to Amend Title 18 of the Grand Terrace Municipal Code and Barton Road Specific Plan to Regulate Uses Proposing Hours of Operation Any Time Between 11:00 P.M. and 6:00 A.M., and a Related Environmental Determination Pursuant to CEQA Regulation Section 15061(B)(3) Haide Aguirre, Assistant Planner gave the PowerPoint presentation for this item. Commissioner Cesena directed Staff to make sure that applicant is provided with the appeal process spelled out when filing an application for an Administrative CUP/CUP. Staff confirmed that the City’s Municipal Code identifies and outlines the appeal period and process. Chairman Giroux opened the public hearing at 7:19 p.m. Chairman Giroux closed the public hearing at 7:20 p.m. Staff would like to recommend a modification to the proposed Municipal Code and the Barton Road Specific Plan Amendments to include the following: “Existing businesses permitted to operate prior to the effective date of the ordinance with operational hours between 11:00 p.m. and 6:00 a.m. are exempt from the ACUP/CUP review process prior to this Ordinance.” Commissioner Cesena moves to approve the resolution recommending adoption of the ordinance to the City Council with the requirement that the above stated language be included with the ordinance to the extent for both the specific plan amendment and code amendment and giving staff direction to make sure the language fits within the larger scheme of the proposed changes. 1) CONDUCT A PUBLIC HEARING, AND 2) ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE RECOMMENDING THAT THE CITY COUNCIL MAKE A DETERMINATION THAT ZONING CODE AMENDMENT 20-01 AND SPECIFIC PLAN AMENDMENT 20-01 ARE EXEMPT, PURSUANT TO SECTION 15061(B)(3) OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS, FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND RECOMMENDING THAT THE CITY COUNCIL ADOPT ZONE CODE AMENDMENT 20-01, WHICH AMENDS CHAPTER 18.06 (DEFINITIONS), CHAPTER 18.33 (C2 GENERAL BUSINESS DISTRICT) SECTION 18.33.020 (PERMITTED USES) AND SECTION 18.33.030 (CONDITIONAL PERMITTED USES) OF TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE, AND RECOMMENDING THAT THE CITY COUNCIL ADOPT SPECIFIC PLAN AMENDMENT 20-01, WHICH AMENDS THE BARTON ROAD SPECIFIC C.6.a Packet Pg. 113 At t a c h m e n t : 0 5 - 2 1 - 2 0 2 0 - P C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 City of Grand Terrace Page 5 PLAN (TABLE I, LAND USE MATRIX) TO ESTABLISH REQUIREMENTS FOR BUSINESSES PROPOSING TO OPERATE AT ANY TIME BETWEEN 11:00 P.M. AND 6:00 A.M. RESULT: APPROVED [UNANIMOUS] MOVER: Tara Cesena, Commissioner SECONDER: Jeremy Briggs, Vice-Chairman AYES: Giroux, Cesena, McConnell, Briggs, Alaniz 2. Conditional Use Permit 19-01, Site and Architectural Review 19-03 and Environmental 19-05; a Proposal to Establish a Trailer/Container Storage Facility, Located 520 Feet from Vivienda Avenue and South of the Santa Ana River Tail (APN's: 0275-191-06 and 0275-191-30) Chairman Giroux and Commissioner McConnell recused themselves from Agenda Item No. C.1 Conditional Use Permit 19-01, Site and Architectural Review 19-03 and Environmental 19-05. Steve Weiss, Planning & Services Development Director gave the PowerPoint presentation for this item. Vice-Chairman Briggs opened the public hearing at 8:52 p.m. David Mlynarski, Transtech, provided a PowerPoint presentation on behalf of the Applicant and Property Owner, Grand Terrace I. PUBLIC COMMENT The following members of the public telephoned through Zoom to express their opposition to the project: Mayor Pro Tem Isaac Suchil Rita Schwartz Isaac Steinline Bobbie Forbes William Mahany Debra Thomas, City Clerk, stated for the record that a copy of each email received has been placed at the dais in front of each Planning Commissioner. The City received thirteen (13) emails from members of the public in opposition to the project as follows: Bobbie Forbes Rob Macias William Mahaney Catherine Guthrie Don Smith C.6.a Packet Pg. 114 At t a c h m e n t : 0 5 - 2 1 - 2 0 2 0 - P C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 City of Grand Terrace Page 6 Jennifer Katuls Martha Macias Juanita Odenbaugh Javier Montano Sr. Virginia Fernandez Janese Makshanoff John Odenbaugh Jane Valencia Debra Thomas, City Clerk, stated for the record that a copy of each email received has been placed at the dais in front of each Planning Commissioner. The City received one (1) email from a member of the public in opposition to the project as follows: Khanh Tran Jeffrey McConnell, Grand Terrace expressed his opposition to the project. Vice-Chairman Briggs closed the public hearing at 10:45 p.m. Vice-Chairman Briggs moved, with a second from Commissioner Alaniz to continue the public hearing to June 18, 2020. 1) CONDUCT A PUBLIC HEARING; AND 2) CONSIDER ADOPTION OF A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL 19-05) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 19-01 AND SITE AND ARCHITECTURAL REVIEW 19-03 TO DEVELOP A TRAILER/CONTAINER STORAGE FACILITY FOR A MAXIMUM OF 650 PARKING SPACES FOR EMPTY SEMI-TRAILERS, SHIPPING AND STORAGE CONTAINERS, AND CHASSIS USE ON A 21.92- ACRE SITE (ASSESSOR’S PARCEL NUMBERS [APNS] 0275-191-06 AND 0275-191-30 IS CURRENTLY UNDEVELOPED AND IS LOCATED APPROXIMATELY 520 FEET NORTH OF VIVIENDA AVENUE AND SOUTH OF THE SANTA ANA RIVER TRAIL IN THE NORTHWESTERN PORTION OF THE CITY RESULT: CONTINUED Next: 6/18/2020 6:30 PM D. INFORMATION TO COMMISSIONERS None. C.6.a Packet Pg. 115 At t a c h m e n t : 0 5 - 2 1 - 2 0 2 0 - P C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 City of Grand Terrace Page 7 E. INFORMATION FROM COMMISSIONERS Vice-Chairman Briggs requested that the following return to the Planning Commission for discussion: • Non-conforming grandfather clause and changes to the Municipal Code Vice-Chairman asked Alan French, Senior Civil Engineer if the parking lot striping at Richard Rollins park will be completed before organized sports activities. Engineer French stated it will not happen before July 1, 2020 and will depend on when funding becomes available. Commissioner McConnell requested that the following return to the Planning Commission for discussion: • Educate the applicant and their options when they apply for a CUP, identify the process • Information on the process for the Planning Commission to bring forward agenda items to the City Council. Chairman Giroux requested more training for the Planning Commission as a whole and asked the Planning Commission if they would agree. He also requested that each Planning Commissioner return to the next meeting with a list of items each Commissioner would like to see staff coordinate training on for the Planning Commission. He also suggested that the Planning Commission participate in regional training that is held close to the area. Chairman Giroux asked if the Commissioners would like a copy of Planning Commission duties. ADJOURN Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on August 15, 2019 at 6:30 p.m. _________________________________ Edward Giroux, Chairman _________________________________ Debra Thomas, City Clerk C.6.a Packet Pg. 116 At t a c h m e n t : 0 5 - 2 1 - 2 0 2 0 - P C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES ● JUNE 18, 2020 Council Chambers Regular Meeting 6:30 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Debra Thomas, City Clerk convened the Regular Meeting of the Planning Commission/Site and Architectural Review Board for Thursday, June 18, 2020 at 6:30 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Tara Ceseña. Attendee Name Title Status Arrived Edward A. Giroux Chairman Absent Jeremy Briggs Vice-Chairman Absent Tara Ceseña Commissioner Present Jeffrey McConnell Commissioner Present David Alaniz Commissioner Present Steven Weiss Planning & Development Services Director Present Robert Khuu Assistant City Attorney Present Haide Aguirre Assistant Planner Present Debra Thomas City Clerk Present Robert Khuu, Assistant City Attorney explained to the Planning Commission that due to the absence of Chairman Ed Giroux and Vice-Chairman Jeremy Briggs, it will need to select a temporary Acting Chair for the June 18, 2020 Planning Commission meeting. Commissioner Jeffrey McConnell moved, with a second from Commissioner David Alaniz, to select Commissioner Tara Ceseña as Acting Chair. RESULT: ADOPTED [UNANIMOUS] MOVER: Jeffrey McConnell, Commissioner SECONDER: David Alaniz, Commissioner AYES: Tara Ceseña, Jeffrey McConnell, David Alaniz ABSENT: Edward A. Giroux, Jeremy Briggs C.6.b Packet Pg. 117 At t a c h m e n t : 0 6 - 1 8 - 2 0 2 0 - P C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Grand Terrace Planning Commission/Site and Architectural Review Board June 18, 2020 City of Grand Terrace Page 2 APPROVAL OF AGENDA 1. Motion: Motion: June 18, 2020 Approval of Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Jeffrey McConnell, Commissioner SECONDER: David Alaniz, Commissioner AYES: Tara Ceseña, Jeffrey McConnell, David Alaniz ABSENT: Edward A. Giroux, Jeremy Briggs PUBLIC ADDRESS David Mlynarski, asked what options are available to an applicant who has followed all of the rules, filed applications, has been working with staff in a very cooperative manner, agreeing to expansion of notification radiuses and other public hearing type requests, in order to make hearings as broad ranging and as fair as possible. What does an applicant do when all they are seeking is an expeditious processing of its application? It appears the body is having difficulty in bringing an item forward. Mr. Mlynarski asked the City to get back to him and let him know if the body is unable to hold an expeditious hearing, and what options does an applicant have in order to do so. Bobbie Forbes, Grand Terrace asked everyone in the Council Chamber to use whatever power they have to help with the illegal fireworks in town. She asked the community to send emails, contact the sheriff’s department, get addresses, send messages, make phone calls to the non-emergency number to the sheriff’s department, and send an email to the City Clerk if an address is obtained. It is out of control this year and is only going to get worse in the next three weeks. Juanita Umbaugh, Grand Terrace appreciates the Planning Commission’s hard work on behalf of the community to bring in new business. She also thanked it for notifying the community and making all of its letters appropriate during this very difficult time. She appreciates the Planning Commission not rushing its decisions, taking its time, and making sure new business is right for the City. C.6.b Packet Pg. 118 At t a c h m e n t : 0 6 - 1 8 - 2 0 2 0 - P C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Grand Terrace Planning Commission/Site and Architectural Review Board June 18, 2020 City of Grand Terrace Page 3 A. CONSENT CALENDAR 2. Approval of Minutes – Regular Meeting – 05/21/2020 Robert Khuu, Assistant City Attorney conveyed that staff would like the Consent Calendar continued to a meeting when there is a full Commission available to have input. Commissioner McConnell moved, with a second from Commissioner Alaniz to continue the Consent Calendar to the next scheduled Planning Commission meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Jeffrey McConnell, Commissioner SECONDER: David Alaniz, Commissioner AYES: Tara Ceseña, Jeffrey McConnell, David Alaniz ABSENT: Edward A. Giroux, Jeremy Briggs B. ACTION ITEMS None. C. PUBLIC HEARINGS 1. Conditional Use Permit 19-01, Site and Architectural Review 19-03 and Environmental 19-05; a Proposal to Establish a Trailer/Container Storage Facility, Located 520 Feet from Vivienda Avenue and South of the Santa Ana River Tail (APN's: 0275-191-06 and 0275-191-30) (Continued from 5-21-2020) Due to lack of a quorum, this public hearing did not move forward. RESULT: NO ACTION TAKEN D. PRESENTATIONS Non-Conforming Uses and Buildings Update Presented by Haide Aguirre, Assistant Planner Steve Weiss, Planning & Development Services Director explained that this item was requested by the entirety of the Planning Commission. As two (2) members are absent, staff requested that the item be continued. C.6.b Packet Pg. 119 At t a c h m e n t : 0 6 - 1 8 - 2 0 2 0 - P C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Grand Terrace Planning Commission/Site and Architectural Review Board June 18, 2020 City of Grand Terrace Page 4 Commissioner Alaniz moved, with a second from Commissioner McConnell to move the presentation to the next scheduled Planning Commission meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Jeffrey McConnell, Commissioner SECONDER: David Alaniz, Commissioner AYES: Tara Ceseña, Jeffrey McConnell, David Alaniz ABSENT: Edward A. Giroux, Jeremy Briggs E. INFORMATION TO COMMISSIONERS None. F. INFORMATION FROM COMMISSIONERS Commissioner McConnell requested a status on Chair Giroux’s health. Commissioner Alaniz thanked the residents who came out and apologized that they were not able to hear Agenda Item C.1. Acting Chair Ceseña also thanked the residents who came out to hear Agenda Item C.1. Assistant City Attorney Khuu explained to the residents that due to the lack of a quorum because Commissioner McConnell has a conflict of interest on Agenda Item C.1, there would only be two (2) commissioners that could act on the item tonight. ADJOURN Adjourn to the next scheduled meeting of the Planning Commission/Site and Architectural Review Board to be held on July 9, 2020 at 6:30 p.m. _________________________________ Tara Ceseña, Acting Chair _________________________________ Debra L. Thomas, City Clerk C.6.b Packet Pg. 120 At t a c h m e n t : 0 6 - 1 8 - 2 0 2 0 - P C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) AGENDA REPORT MEETING DATE: August 11, 2020 Council Item TITLE: A Resolution of the City Council Declaring that an Emergency Exists that Requires Waiver of Formal Competitive Bidding Requirements for the “Rehabilitation of Grand Terrace Road, North of Newport Avenue Project,” and Authorizing the City Manager to Enter into and Sign a Contract for Such Project in an Amount Not to Exceed $60,000 Subject to City Attorney Approval as to Form PRESENTED BY: Craig Bradshaw, Interim Public Works Director RECOMMENDATION: 1. Approve a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA FINDING THAT AN EMERGENCY EXISTS AS DEFINED AND USED BY PUBLIC CONTRACT CODE SECTIONS 1102, 20168, AND 22050; DECLARING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH, OR PROPERTY; AND MAKING FINDINGS RELATED THERETO WITH RESPECT TO THE REHABILITATION OF DETERIORATED GRAND TERRACE ROAD, NORTH OF NEWPORT AVENUE AND THAT THE EMERGENCY WILL NOT PERMIT A DELAY RESULTING FROM A COMPETITIVE SOLICITATION FOR BIDS, AND THAT THE ACTION IS NECESSARY TO RESPOND TO THE EMERGENCY; AUTHORIZING THE CITY MANAGER TO DISPENSE WITH FORMAL COMPETITIVE BIDDING; AND AUTHORIZING THE CITY MANAGER TO ENTER THE NECESSARY CONTRACT(S) TO CARRY OUT THE “REHABILITATION OF GRAND TERRACE ROAD, NORTH OF NEWPORT AVENUE, PROJECT” IN A TOTAL AMOUNT NOT TO EXCEED $60,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT(S), SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM.” 2. Approve the appropriation of $60,000 from the Gas Tax Fund Balance to respond to the emergency. 2030 VISION STATEMENT: This staff report supports Our Mission to preserve and protect our community and its H.7 Packet Pg. 121 exceptional quality of life through thoughtful planning, within the constraints of fiscally responsible government and Goal #2, Maintain Public Safety; Invest in Critical Improvements to Infrastructure. BACKGROUND: Pursuant to Public Contract Code Section 20162, the City is required to competitively bid public works projects that are over $5,000. However, Public Contract Code Sections 20168 and 22050 provide an exception to the competitive bid requirements in the case of emergency. For the purposes of Public Contract Code Section 20168, an “emergency” is a sudden, unexpected occurrence that poses a clear imminent danger that requires an immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Further Public Contract Code Section 22050 requires that the City Council find that, based on substantial evidence, the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency. To exercise its emergency authority, the City Council is required to adopt a resolution - by a four-fifths vote – finding that an emergency exists and declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property and that the emergency is of a nature that will not permit a delay resulting from a competitive solicitation of bids and that the action is necessary to respond to the emergency. The resolution would authorize the City to procure the necessary equipment, services, and supplies to repair or replace public facilities without engaging in a formal competitive bidding process to minimize delay. Consistent with the above, the resolution would authorize the City Manager to enter into the necessary contracts to carry out the “Rehabilitation of Grand Terrace Road, North of Newport Avenue, Project” (“Project”) in a total amount not to exceed $60,000, and authorize the City Manager to execute said agreement(s) subject to the City Attorney’s approval as to form. DISCUSSION: Grand Terrace Road, north of Newport Avenue, is in a seriously deteriorated condition and is listed on the City’s Capital Improvement Plan for Fiscal Year 2019-2020 as “Category V – Very Poor (Less than 25)” (“Emergency Event”), thus, necessitating the Project. On August 5, 2020, the City met with Southern California Edison’s (SCE) team of engineers and contractors regarding the Emergency Event and the Project. It was determined that with SCE performing substation work and utility work in the area, they would be responsible for rehabilitating the roadway, from curb to curb, for approximately 1200 linear feet or the length of their communications trench. This leaves approximately 600 linear feet the responsibility of the City of Grand Terrace. It is prudent to accomplish this work in a timely manner, using the SCE contractor for the city’s share of the work. The estimated costs of carrying out the repairs necessary to H.7 Packet Pg. 122 address the Emergency Event by carrying out the Project is approximately $60,000. Staff believes, and recommends that City Council finds the Emergency Event is an “emergency” within the meaning of Public Contract Code Section 20168 for the following reasons: Grand Terrace Road, north of Newport Avenue, is seriously deteriorated as described above and Southern California Edison is willing to be responsible for rehabilitating the roadway the length of their utility trench and is willing to allow the city to utilize their contractor to repair the remaining stretch of deteriorated city roadway, which will result in safety improvements and cost savings to the city. Pursuant to Public Contract Code Section 22050(a)(2), the Emergency Event must also be of a nature such that it will not permit any delay resulting from a competitive solicitation for bids and that the action that would address the Emergency Event is necessary to respond to the Emergency Event. The reason for this is SCE has determined it is in their best interest to rehabilitate approximately two-thirds of the deteriorated roadway, due to their substation project and installation of communication utilities in the roadway. The remaining portion of the roadway will be the city’s responsibility to complete. It is advantageous to the city to utilize the SCE contractor to perform the work in conjunction with SCE’s portion of the work as it will be the most cost effective and timely. If the City Council finds based upon substantial evidence that the Emergency Event meets the requirements of Public Contracts Code Sections 20168 and 22050 as described above, then City staff recommends that the City Council adopt the attached Resolution by a four-fifths vote, finding that the (1) Emergency Event is an “emergency” as defined by Public Contract Code Section 20168 and declare that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; (2) that the Emergency Event will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the Emergency Event; (3) authorize the City Manager to procure the necessary equipment, services, and supplies to repair or replace the required public facilities without engaging in a formal competitive bidding process; and (4) authorize the City Manager to enter into the necessary contract(s) to carry out the Project in a total amount not to exceed $60,000, and authorize the City Manager to execute said agreement(s) subject to the City Attorney’s approval as to form. FISCAL IMPACT: Staff is recommending City Council to authorize the appropriation of $60,000 from the Gas Tax Fund Balance to fund this emergency event as shown in the table below: Fund Description Rev. & Exp. Amount Gas Tax Fund (16) Audited Fund Balance, June 30,2019 $120,284 H.7 Packet Pg. 123 Fund Description Rev. & Exp. Amount FY2019-20 Actual Revenues $543,715 FY2019-20 Actual Expenditures ($435,135) NET SURPLUS $108,580 Projected Fund Balance, June 30, 2020 $228,864 PROPOSED APPROPRIATION $60,000 Revised Fund Balance, Gas Tax Fund (16) $168,864 ATTACHMENTS: • 2020-xx - Emergency Public Works Resolution (2020) Grand Terrace Resurfacing (DOC) APPROVALS: Craig Bradshaw Completed 08/06/2020 9:33 AM City Attorney Completed 08/07/2020 2:09 PM Finance Completed 08/07/2020 3:28 PM City Manager Completed 08/07/2020 3:36 PM City Council Pending 08/11/2020 6:00 PM H.7 Packet Pg. 124 01247.0006/597988.1 Page 1 of 4 RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA FINDING THAT AN EMERGENCY EXISTS AS DEFINED AND USED BY PUBLIC CONTRACT CODE SECTIONS 1102, 20168, AND 22050; DECLARING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH, OR PROPERTY; AND MAKING FINDINGS RELATED THERETO WITH RESPECT TO THE REHABILITATION OF DETERIORATED GRAND TERRACE ROAD, NORTH OF NEWPORT AVENUE AND THAT THE EMERGENCY WILL NOT PERMIT A DELAY RESULTING FROM A COMPETITIVE SOLICITATION FOR BIDS, AND THAT THE ACTION IS NECESSARY TO RESPOND TO THE EMERGENCY; AUTHORIZING THE CITY MANAGER TO DISPENSE WITH FORMAL COMPETITIVE BIDDING; AND AUTHORIZING THE CITY MANAGER TO ENTER THE NECESSARY CONTRACT(S) TO CARRY OUT THE “REHABILITATION OF GRAND TERRACE ROAD, NORTH OF NEWPORT AVENUE, PROJECT” IN A TOTAL AMOUNT NOT TO EXCEED $60,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT(S), SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM WHEREAS, the City of Grand Terrace is a municipal corporation duly organized and existing pursuant to the California Constitution and the laws of the State of California (hereinafter the “City”); and WHEREAS, Public Contract Code Section 20162 requires that the City competitively bid public projects that are over $5,000; and WHEREAS, Grand Terrace Road, north of Newport Avenue, is in a seriously deteriorated condition and is listed on the City’s Capital Improvement Plan for Fiscal Year 2019-2020 as “V – Very Poor (Less than 25)” (“Emergency Event”); and WHEREAS, the project that addresses the Emergency Event is currently entitled the “Rehabilitation of Grand Terrace Road, North of Newport Avenue, Project” (“Project”); and WHEREAS, on August 5, 2020 the city met with Southern California Edison (“SCE”) regarding the repair and rehabilitation of approximately 1800 linear feet of Grand Terrace Road and has requested that Edison repair and resurface Grand Terrace Road, north of Newport Avenue adjacent to the Edison Substation (i.e., the area relevant to the Emergency Event); and WHEREAS, the cost of carrying out the repairs necessary to address the Emergency Event will be greater than $5,000 and will, therefore, normally require competitive bidding pursuant to Public Contract Code Section 20162; and H.7.a Packet Pg. 125 At t a c h m e n t : 2 0 2 0 - x x - E m e r g e n c y P u b l i c W o r k s R e s o l u t i o n ( 2 0 2 0 ) G r a n d T e r r a c e R e s u r f a c i n g [ R e v i s i o n 5 ] ( D e c l a r e E m e r g e n c y - R e h a b i l i t a t i o n 01247.0006/597988.1 Page 2 of 4 WHEREAS, Public Contract Code Sections 20168 and 22050 provide an exception to the competitive bid requirements Public Contract Code Section 20162 in the case of emergency; and WHEREAS, for purposes of Public Contract Code Section 20168 and as defined by Public Contract Code Section 1102, an “emergency” is a sudden, unexpected occurrence that poses a clear imminent danger that requires an immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services; and WHEREAS, pursuant to Public Contract Code Section 20168, to exercise its emergency authority, the legislative body is required to adopt a resolution - by a four- fifths vote – finding that an emergency exists and declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; and WHEREAS, the resolution would also authorize the City to procure the necessary equipment, services, and supplies to repair or replace public facilities without engaging in a formal competitive bidding process to minimize delay; and WHEREAS, based upon the foregoing, the Emergency Event is an “emergency” as defined by Public Contract Code Section 20168 for the following reasons: it is in the publics best interest to repair and rehabilitate a seriously deteriorated roadway, as described above, to safeguard life, health, or property, in conjunction with Southern California Edison undergrounding project; and WHEREAS, pursuant to Public Contract Code Section 22050(a)(2), the Emergency Event is such that it will not permit any delay resulting from a competitive solicitation for bids and that the action contemplated by this Resolution is necessary to respond to the Emergency Event for the following reasons: Southern California Edison is willing to be responsible for rehabilitating the roadway the length of their utility trench and willing to allow the city to utilize their contractor to rehabilitate the remaining stretch of the city roadway in conjunction with the work that Southern California Edison is carrying out, which will result safety improvements and cost savings to the city; and WHEREAS, the estimated costs to complete the Project is $60,000; and WHEREAS, based upon the forgoing, the City Council desires to find that the Emergency Event is an “emergency” as defined by Public Contract Code Section 20168 and declare that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; and WHEREAS, the City Council further desires staff to procure the necessary equipment, services, and supplies to repair or replace public facilities without complying with the formal competitive bidding requirements of the Public Contract Code; and WHEREAS, City Council desires to authorize the City Manager to enter into the necessary contract(s) for the Project in a total amount not to exceed $60,000, and H.7.a Packet Pg. 126 At t a c h m e n t : 2 0 2 0 - x x - E m e r g e n c y P u b l i c W o r k s R e s o l u t i o n ( 2 0 2 0 ) G r a n d T e r r a c e R e s u r f a c i n g [ R e v i s i o n 5 ] ( D e c l a r e E m e r g e n c y - R e h a b i l i t a t i o n 01247.0006/597988.1 Page 3 of 4 authorizes the City Manager to execute the agreement(s) subject to City Attorney approval as to form. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council finds that foregoing recitals are true and correct and incorporated herein by this reference. Section 2. Based upon the foregoing, the City Council finds, by substantial evidence, that the Emergency Event is an “emergency” as defined by Public Contract Code Section 1102 and used in Public Contract Code Section 20168. Section 3. Based upon substantial evidence and the foregoing, the City Council hereby further finds as follows: A. It is in the public interest and necessity to immediately expend public money to safeguard life, health, and property without complying with the competitive bidding requirements of the Public Contract Code in order to address the Emergency Event; and B. The Emergency Event is such that it will not permit any delay resulting from a competitive solicitation for bids and that the action contemplated by this Resolution is necessary to respond to the Emergency Event; and C. Based upon the forgoing, the formal competitive bidding requirements of the Public Contracts Code are hereby waived based upon the Emergency Event. Section 4. The City Council hereby authorizes the City Manager, or his designee, to dispense with the competitive bidding requirements of the Public Contract Code and to procure the necessary equipment, services, and supplies to repair or replace public facilities through an informal bidding process for this project. However, the City Manager, or his designee, shall nevertheless comply with Public Contract Code Section 22050. Section 5. Consistent with Section 4 of this Resolution, the City Council authorizes the City Manager to enter into the necessary a contract(s) to carry out the Project in a total amount not to exceed $60,000.00, and authorizes the City Manager to execute said agreement(s) subject to City Attorney approval as to form. Section 6. This Resolution shall be effective immediately upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on 11th day of August, 2020. _____________________________ Darcy McNaboe, Mayor H.7.a Packet Pg. 127 At t a c h m e n t : 2 0 2 0 - x x - E m e r g e n c y P u b l i c W o r k s R e s o l u t i o n ( 2 0 2 0 ) G r a n d T e r r a c e R e s u r f a c i n g [ R e v i s i o n 5 ] ( D e c l a r e E m e r g e n c y - R e h a b i l i t a t i o n 01247.0006/597988.1 Page 4 of 4 ATTEST: _________________________ Debra L. Thomas, City Clerk APPROVED AS TO FORM: _________________________ Adrian R. Guerra, City Attorney H.7.a Packet Pg. 128 At t a c h m e n t : 2 0 2 0 - x x - E m e r g e n c y P u b l i c W o r k s R e s o l u t i o n ( 2 0 2 0 ) G r a n d T e r r a c e R e s u r f a c i n g [ R e v i s i o n 5 ] ( D e c l a r e E m e r g e n c y - R e h a b i l i t a t i o n AGENDA REPORT MEETING DATE: August 11, 2020 Council Item TITLE: Presentations on the Merits of Enhanced Law Enforcement Services and Appropriation of $100,000 from the General Fund, Fund Balance for the Implementation of a 30-Hour Deputy in FY2020-21. PRESENTED BY: G. Harold Duffey, City Manager RECOMMENDATION: 1. Receive Presentation on the Merits of Enhanced Law Enforcement; and 2. Authorize the Appropriation of $100,000 from the General Fund, Fund Balance for the Implementation of a 30-hour Deputy in FY2020-21. 2030 VISION STATEMENT: This staff report supports Goal #2 Maintain Public Safety, ensure staff levels for Police Services remain adequate for our Community. BACKGROUND: On June 25, 2019, the City Council approved additional funding for the Sheriff’s Department overtime budget totaling $109,450 as shown in Resolution 2019-16 (Attachment I). This is funding for a 30-hour officer to enhance the City’s standard law enforcement services. The program consisted of the Sheriff Department adding a Cover Shift to increase the number of hours of two vehicle patrols within the City. The Sheriff’s Department recommended the Cover Shift to: • Increase staffing levels to provide more coverage during peak times • Increase levels of service to citizens of Grand Terrace to address Quality of Life issues. • Reduce the number of hours for outside coverage when Deputy must take suspect to County Jail. • Create a safer work environment for the Deputies • Target specific issues (traffic) and assist with special events The Council funded the program with one-time funds from FY2018-19, General Fund year-end fund balance. The 30-hour deputy funding ended on June 30, 2020. While the 30-hour deputy funding ended, the City’s H.O.P.E. program continues to provide 10 hours per week of augmented law enforcement services. The H.O.P.E. Deputy is H.8 Packet Pg. 129 dedicated to seeking out homeless and respond to complaints with the sole purpose of addressing the issue and providing resources to the homeless individual. The program is funded with Housing Authority funds. The City was recently awarded funding through COVID-19 Community Development Block Grant (CDBG) funds to provide additional 10 hours per week for the H.O.P.E program, bringing our total hours for homeless outreach and patrol services to 20 hours per week. DISCUSSION: Lieutenant Bryan Lane from the San Bernardino County Sheriff’s Department will present data on the effectiveness of the 30-hour deputy position. The 30-hour deputy handled over 1,700 calls for service, a significant number of those calls for service are officer-initiated actions that are not generated via a resident calling for service and dispatch engages patrol service to respond. The data also shows that the 30-hour deputy increases productivity, reduces response times and provides additional officer safety (Attachment II). In 2016, City Council used one-time funds from FY2014-15 General Fund, Fund Balance to enhance levels of service for law enforcement services. Last year’s program was based on the Sheriff Department’s understanding that the City could not afford to add one additional deputy at a cost of $300,000. Therefore, the Sheriff committed to providing the City with a Cover Deputy as long as there was consistent funding available. The City always has an average of 1.33 officers assigned to patrol the City. The use of one-time proceeds and a H.O.P.E Officer brought that number closer to the level of services recommended by the Sheriff’s Department. While the City’s 2030 Vision specifically calls out the City Council’s desire to seek revenue to adequately fund law enforcement services (Attachment III), the City Manager’s Implementation Plan for the 2030 Vision identifies a strategy for one-time revenue. Section 2.1.3 requires the City Manager to continue to provide City Council with updates on the potential use of one- time revenue from prior years to enhance fiscal year law enforcement services. (Attachment IV). FUNDING SOURCE: On July 28, 2020, staff provided City Council with a revised estimate of the General Fund’s Revenue and Expense Statement to reflect the actuals received as of that date and to provide revised year-end projections for FY2019-20. A summary is shown below: City of Grand Terrace FY2019-20 Financial Report Update Year-End Report, June 30, 2020, REVISED H.8 Packet Pg. 130 2019-20 Approved Budget Original Proposed Adjusts June-2020 Year-end Projection 2019-20 Year-to- Date Actuals Revised Adjusts 2019-20 Revised Year-End REVENUE & EXPENDITURE SUMMARY REVENUES $5,977,197 ($535,145) $5,442,052 $5,945,189 $623,137 $6,065,189 EXPENDITURES ($5,981,134) $181,537 ($5,799,597) ($4,792,362) ($15,000) ($5,814,597) NET – SURPLUS / (DEFICIT) ($3,937) ($353,608) ($357,545) $1,152,826 $608,137 $250,592 Based on revenues received to date, staff is projecting a General Fund year-end surplus of $250,592. Staff is recommending that $100,000 of the FY2019-20 year-end surplus be appropriated in FY2020-21 for the 30-hour Deputy. FISCAL IMPACT: Approval of the $100,000 would reflect the appropriation to the Public Safety overtime account as shown below: Fund Description Amount General Fund - 10 FY2019-20 Projected Surplus $250,592 General Fund - 10 10-410-250 – Public Safety Overtime (proposed appropriation) ($100,000) General Fund - 10 NET SURPLUS Added to General Fund Existing Balance $150,592 ATTACHMENTS: • Attachment I - Resolution 2019-16 (PDF) • Attachment II - 30 Hour Deputy (PDF) • Attachment III - Vision 2030 (PDF) • Attachment IV - gt_2030_vision_city_manager_implementation_plan (partial) (PDF) APPROVALS: G. Harold Duffey Completed 08/07/2020 8:45 AM City Attorney Completed 08/07/2020 2:17 PM Finance Completed 08/07/2020 2:38 PM City Manager Completed 08/07/2020 2:46 PM City Council Pending 08/11/2020 6:00 PM H.8 Packet Pg. 131 H.8.a Packet Pg. 132 At t a c h m e n t : A t t a c h m e n t I - R e s o l u t i o n 2 0 1 9 - 1 6 ( 2 0 2 0 E n h a n c e d L a w E n f o r c e m e n t ) H.8.a Packet Pg. 133 At t a c h m e n t : A t t a c h m e n t I - R e s o l u t i o n 2 0 1 9 - 1 6 ( 2 0 2 0 E n h a n c e d L a w E n f o r c e m e n t ) H.8.a Packet Pg. 134 At t a c h m e n t : A t t a c h m e n t I - R e s o l u t i o n 2 0 1 9 - 1 6 ( 2 0 2 0 E n h a n c e d L a w E n f o r c e m e n t ) H.8.a Packet Pg. 135 At t a c h m e n t : A t t a c h m e n t I - R e s o l u t i o n 2 0 1 9 - 1 6 ( 2 0 2 0 E n h a n c e d L a w E n f o r c e m e n t ) H.8.a Packet Pg. 136 At t a c h m e n t : A t t a c h m e n t I - R e s o l u t i o n 2 0 1 9 - 1 6 ( 2 0 2 0 E n h a n c e d L a w E n f o r c e m e n t ) H.8.a Packet Pg. 137 At t a c h m e n t : A t t a c h m e n t I - R e s o l u t i o n 2 0 1 9 - 1 6 ( 2 0 2 0 E n h a n c e d L a w E n f o r c e m e n t ) H.8.a Packet Pg. 138 At t a c h m e n t : A t t a c h m e n t I - R e s o l u t i o n 2 0 1 9 - 1 6 ( 2 0 2 0 E n h a n c e d L a w E n f o r c e m e n t ) Grand Terrace 30 Hour Deputy Analysis 2019 - 2020 2019-2020 Direct Billed Cost 30-Hour Deputy •1st Quarter Billing •$31,308.80 •2nd Quarter Billing •$27,426.28 •3rd Quarter Billing •$30,224.88 •4th Quarter Billing •$27,106.44 •Total fiscal Year Billing •$116,066.40 31,308.80 27,426.28 30,224.88 27,106.44 116,066.40 0.00 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 140,000.00 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Total Fiscal FY 19-20 H.8.b Packet Pg. 139 At t a c h m e n t : A t t a c h m e n t I I - 3 0 H o u r D e p u t y ( 2 0 2 0 E n h a n c e d L a w E n f o r c e m e n t ) In total, there were over 1700 calls for service for 12W1. 120 of those calls resulted in a report being taken or arrest made. The miscellaneous category includes calls for the following: Conspiracy 290 Fraud Trespass Panhandling Unlawful Fire Vandalism 55 19 17 15 7 4 2 1 120 0 20 40 60 80 100 120 140 Report Totals Call Totals 1700 calls per year equates to about 11 calls per day for just one unit Of the 120 reports taken by 12W1, 77 resulted in an arrest, which is an average of 1.5 arrests per week. H.8.b Packet Pg. 140 At t a c h m e n t : A t t a c h m e n t I I - 3 0 H o u r D e p u t y ( 2 0 2 0 E n h a n c e d L a w E n f o r c e m e n t ) Proactivity are those self initiated calls or stops by the deputy in between dispatched calls for service The traffic, warrant and drug categories are largely proactive stops, where had there not been this unit working, these would not have occurred and the vast majority of arrests would not have been made. The other calls are those that are dispatched to the unit and would have been handled by the other deputy working, reducing their proactivity Reinstatement of the 30 Hour Proactive Deputy •It is apparent that this position is very effective at staying busy, working to keep the citizensof Grand Terrace safe: •Increased proactivity •Reduced response times to calls •Provides additional officer safety •The units work together to handle calls and make stops, and ensure there is always at leastone deputy in the city at all times when arrests are made resulting in a jail run •Heavily focused on traffic which is a city priority, but available for emergency calls or whenthe regular deputy is busy on other calls H.8.b Packet Pg. 141 At t a c h m e n t : A t t a c h m e n t I I - 3 0 H o u r D e p u t y ( 2 0 2 0 E n h a n c e d L a w E n f o r c e m e n t )       Our Mission To preserve and protect our community and its exceptional quality of life through thoughtful planning, within  the constraints of fiscally responsible government.     Our Vision Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational  opportunities; a vibrant and diverse local economy; a place where residents enjoy an outstanding quality of life  that fosters pride and an engaged community, encouraging families to come and remain for generations.   Our Core Values Open and Inclusive Government   Exceptional Customer Service     Honesty and Integrity   Innovation and Creativity    Mutual Respect    Positive and Productive Work Environment    Goals 1. Ensure Our Fiscal Viability   Commit to a Balanced Budget   Identify Additional Revenue Sources   Review Expenditures and Seek Savings   Explore Creative Means to Provide Services   Ensure Appropriate Cost Recovery for Services     2. Maintain Public Safety   Ensure Staff Levels for Police Services Remain Adequate for Our Community   Invest in Critical Improvements to Infrastructure    3. Promote Economic Development  Develop Proactive Economic Development Plan to Attract New Businesses   Invest in Infrastructure Needed to Support Business Attraction and Retention   Prepare for Development by Updating Zoning and Development Codes including the Sign Code    4. Develop and Implement Successful Partnerships  Work Collaboratively with Community Groups, Private and Public Sector Agencies to Facilitate   the Delivery of Services Benefitting Youth, Seniors and Our Community  Work with Local, Regional and State Agencies to Secure Funding for Programs and Projects     5. Engage in Proactive Communication   Develop and Implement a Cost Effective Proactive Communication Program  Utilize Technology and Web‐Based Tools to Disseminate Information  Engage the Community by Participation  CITY OF GRAND TERRACE   2030 VISION and   2014‐2020 STRATEGIC PLAN H.8.c Packet Pg. 142 At t a c h m e n t : A t t a c h m e n t I I I - V i s i o n 2 0 3 0 ( 2 0 2 0 E n h a n c e d L a w E n f o r c e m e n t ) GRAND TERRACE 2030 VISION CITY MANAGER IMPLEMENTATION PLAN - PHASE II H.8.d Packet Pg. 143 At t a c h m e n t : A t t a c h m e n t I V - g t _ 2 0 3 0 _ v i s i o n _ c i t y _ m a n a g e r _ i m p l e m e n t a t i o n _ p l a n ( p a r t i a l ) ( 2 0 2 0 E n h a n c e d L a w E n f o r c e m e n t ) Grand Terrace 2030 Vision - City Manager Implementation Plan - Phase II 1 Table of Contents GOAL #1: ENSURE OUR FISCAL VIABILITY 3 Strategies: 1.1 Commit to a Balanced Budget 3 1.2 Identify Additional Revenue Sources 5 1.3 Review Expenditures and Seek Savings 6 1.4 Explore Creative Means to Provide Services 7 1.5 Ensure Appropriate Cost Recovery for Services 8 GOAL #2: MAINTAIN PUBLIC SAFETY 9 Strategies: 2.1 Ensure Staff Levels for Police Services Remain Adequate for Our Community 9 2.2 Invest in Critical Improvements to Infrastructure 10 GOAL #3: PROMOTE ECONOMIC DEVELOPMENT 12 Strategies: 3.1 Develop Proactive Economic Development Plan to Attract New Businesses and Retain Existing Businesses 12 3.2 Invest in Infrastructure Needed to Support Business Attraction and Retention 12 3.3 Prepare for Development by Updating Zoning and Development Codes, Including the Sign Code 13 GOAL #4: DEVELOP AND IMPLEMENT SUCCESSFUL PARTNERSHIPS 14 Strategies: 4.1 Work Collaboratively with Community Groups and Private and Public Sector Agencies to Facilitate the Delivery of Services Benefitting Youth, Seniors & Our Community 14 4.2 Work with Local, Regional and State Agencies to Secure Funding for Programs and Projects 14 GOAL #5: ENGAGE IN PROACTIVE COMMUNICATION 16 Strategies: 5.1 Develop and Implement a Cost Effective Proactive Communications Program 16 5.2 Utilize Technology and Web-Based Tools to Disseminate Information 16 5.3 Engage the Community by Participation 17 H.8.d Packet Pg. 144 At t a c h m e n t : A t t a c h m e n t I V - g t _ 2 0 3 0 _ v i s i o n _ c i t y _ m a n a g e r _ i m p l e m e n t a t i o n _ p l a n ( p a r t i a l ) ( 2 0 2 0 E n h a n c e d L a w E n f o r c e m e n t ) Grand Terrace 2030 Vision - City Manager Implementation Plan - Phase II 2 Department Key ACM Assistant City Manager / Finance CM City Manager / Economic Development HR Human Resources PD Planning and Development Services PW Public Works / Facility & Park Maintenance SD Sheriff’s Department ACM Assistant City Manager / Finance • Finance • Personnel / Human Resources • IT Services CM City Manager / Economic Development • Economic Development • Parks & Recreation • Senior Center • Inter-Agency Relations HR Human Resources • Human Resources PD Planning & Development Services • Planning • Building & Safety • Enforcement & Compliance PW Public Works / Facility & Park Maintenance • Facility & Park Maintenance • Roads & Engineering Services SD Sheriff’s Department • Sheriff’s Department H.8.d Packet Pg. 145 At t a c h m e n t : A t t a c h m e n t I V - g t _ 2 0 3 0 _ v i s i o n _ c i t y _ m a n a g e r _ i m p l e m e n t a t i o n _ p l a n ( p a r t i a l ) ( 2 0 2 0 E n h a n c e d L a w E n f o r c e m e n t ) Grand Terrace 2030 Vision - City Manager Implementation Plan - Phase II 9 Goal #2: Maintain Public Safety Public safety continues to be an exceptionally high priority for the City of Grand Terrace. Public Safety includes services related to law enforcement as well as infrastructure maintenance and Code Enforcement. Strategies: 2.1 Ensure Staff Levels for Police Services Remain Adequate for Our Community City Manager / Economic Development CM 2.1.1 Work with City Council and staff to prioritize annual budget to allocate adequate funding for police services. CM 2.1.2 Explore citizen-initiated sales or parcel tax measures and/or special district financing to ensure adequately funded public safety services. CM 2.1.3 Continue to provide City Council with update on the potential use of one-time revenue from prior year to enhance fiscal year law enforcement services. CM 2.1.4 Continue to seek other financial resources such as grants or inter- agency agreements to achieve the service levels recommended by the Sherriff’s Department. Assistant City Manager / Finance 2.1.1 Prioritize annual budget to allocate adequate funding for police services. Sheriff’s Department SD 2.1.1 Continue to provide the City Council with recommendations on appropriate staffing levels to maintain a low crime rate and adequate response times. SD 2.1.2 Continue to identify and implement technology-based law enforcement programs and activities. SD 2.1.3 Continue to enhance mutual aid relationships and identify task force- oriented law enforcement programs, such as SMASH, to increase law enforcement services, in Grand Terrace. H.8.d Packet Pg. 146 At t a c h m e n t : A t t a c h m e n t I V - g t _ 2 0 3 0 _ v i s i o n _ c i t y _ m a n a g e r _ i m p l e m e n t a t i o n _ p l a n ( p a r t i a l ) ( 2 0 2 0 E n h a n c e d L a w E n f o r c e m e n t ) AGENDA REPORT MEETING DATE: August 11, 2020 Council Item TITLE: Requested Future Council Agenda Items PRESENTED BY: G. Harold Duffey, City Manager RECOMMENDATION: Review and Discuss Council Recommended Future Agenda Items and Provide Staff Direction 2030 VISION STATEMENT: This staff report supports 2030 Vison Core Values of Open and Inclusive City Government. BACKGROUND: On February 12, 2019, the City Council approved a policy (Attachment I), which adds Section H to Council Agenda, entitled Future Agenda Item Request by Council Members. The process provides members of the Council an opportunity to recommend items for future topics of discussion. When the item returns for discussion, Council provides staff direction to vet and bring back a proposal or determines the item warrant no further analysis (Attachment II). Over the last 16 months the City Council has recommended – future agenda items. Future Agenda items approved by Council are added to the Council’s Annual Priorities (Attachment III). DISCUSSION: As of August 7, 2020, staff has 24 Council Future Agenda Item requests approved by Council for future discussion. While every item will return for future discussion, some items have already appeared before Council or are a part of standard staff work. Therefore, staff placed the existing Council Future Agenda Items list into three categories. 1) Discuss merits of item (Green) 2) Items that have already appeared before the Council (Yellow) and 3) Item is reviewed through normal administrative process (Red). Long Term Energy Efficiency Goals (HD) Mayor McNaboe Prohibit Use Gas Leaf Blowers (HD) Council Member Robles Regional Joint Powers Policing Authority (HD) Mayor McNaboe Increase fines for Illegal Fireworks (Sheriff) Council Member Hussey Storm Drain Master Plan (PW) Mayor Pro Tem Wilson City Holiday Tree Purchase (HD) Mayor Pro Tem Wilson H.9 Packet Pg. 147 Review San Bernardino Air Traffic Pattern over the COGT (HD) Council Member Allen Cannabis Related Activities and Licensing in the City (HD) Council Member Robles Create Master Plan for Long Term Underground Utilities (PW) Mayor McNaboe Wireless Telecommunications Facilities to Install lights on poles if they install new poles for its wireless facilities (PW) Council Member Hussey Request Survey and Cost Estimate for installation of Street Lights on Existing Power Poles (HD) Council Member Hussey Ordinance Prohibiting the Sale of E-Cigarettes and Flavored Tobacco Products (HD) Council Member Hussey City’s Rental Inspection Program Review CD) Mayor McNaboe Truck Traffic Control Devices (PW) Council Member Allen Transient Occupancy Tax (DT) Council Member Allen Maintaining Local Control of Energy Solutions (PW) Mayor McNaboe Planning Commission Alternate Appointments (CD) Mayor McNaboe Three-Way Stop Sign at the Intersection of Canal and Newport (PW) Council Member Allen Discussion on Need for Greater Speed Reduction and Control in the City (PW) Mayor Pro Tem Wilson Request to Revise the City’s Municipal Code to Authorize the City Council to Appoint the Planning Commission Chair (CD) Mayor Pro Tem Wilson Request to Discuss Planning Commission Need to Review the City’s General Plan and Direct Staff to Prepare Schedule (CD) Mayor Pro Tem Wilson Update City’s Emergency Operations Plan (CD) Mayor Pro Tem Wilson Evaluation of Zoning Near School Properties (CD) Council Member Allen Model Resolutions Supporting Balanced Energy Solutions and Mayor McNaboe Once an item is approved by Council with direction to investigate the item will move to the Council’s 2020-21 Priorities list as a “Priority item”, Unless the Council determines the item should be a “Top Priority”. FISCAL IMPACT: There is no additional fiscal impact for staff to review and develop policy. However, if an action requires the development of Ordinance, the item may incur costs for City Attorney to develop. The cost would be mitigated if work is completed within standard retainer hours. ATTACHMENTS: • Attachment I - Current Council Procedures - 06_25_2019 (PDF) • Attachment II - Future Agenda Item Process (PDF) • Attachment III - 06-23-2020 - Mayor and City Council Re Priority Projects - Updated (PDF) H.9 Packet Pg. 148 APPROVALS: G. Harold Duffey Completed 08/06/2020 1:23 PM City Attorney Completed 08/07/2020 2:11 PM Finance Completed 08/07/2020 3:00 PM City Manager Completed 08/07/2020 3:13 PM City Council Pending 08/11/2020 6:00 PM H.9 Packet Pg. 149 City of Grand Terrace Council Procedures Adopted August 10, 2006 Revised January 13, 2015 Revised June 25, 2019 H.9.a Packet Pg. 150 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) TABLE OF CONTENTS MEETINGS 1.1 Regular Meetings…………………………………………………………………..…1 1.2 Adjourned Meetings………………………………………………………………..…1 1.3 Special Meetings……………………………………………………………………...1 1.4 Emergency Meetings………………………………………………………………...1 1.5 Closed Sessions-Matters of Discussion………………………………………….…1 1.6 Closed Session-Report of Action/Statement of Reasons…………………………2 1.7 Quorum…………………………………………………………………………………2 ORDER OF BUSINESS 2.1 Agenda ....................................................................................................................... 2 2.2 Requests for Future Agenda Items by the Public …. ........................................ 3 2.3 Call to Order…… .............................................................................................. 4 2.4 Roll Call ............................................................................................................ 4 2.5 Absence of City Clerk ....................................................................................... 4 2.6 Preparation/Approval of Minutes ....................................................................... 4 2.7 Public Hearings................................................................................................. 4 2.8 Resolutions. ............................................................................................................... 5 2.9 Ordinances ................................................................................................................. 5 2.10 Urgency Ordinances (Emergency) .................................................................. 6 2.11 Consideration of Items not on the City Council Agenda .................................. 6 2.12 Adjournment ............................................................................................................. 6 III PRESIDING OFFICER 3.1 Presiding Officer ............................................................................................... 6 3.2 Participation of Presiding Officer ....................................................................... 6 3.3 Question (Motion) to be Stated ......................................................................... 6 3.4 Signing of Document ........................................................................................ 6 3.5 Maintenance of Order. ...................................................................................... 6 IV RULES, DECORUM, AND ORDER 4.1 Points of Order. ................................................................................................. 7 4.2 Decorum and Order - Council Members. .......................................................... 7 4.3 Decorum and Order - Employees. .................................................................... 7 4.4 Decorum and Order - Public. ............................................................................ 8 4.5 Personal Interest ............................................................................................... 9 4.6 Limitation of Debate .......................................................................................... 9 4.7 Dissent and Protest. ......................................................................................... 9 4.8 Procedures and Rules ...................................................................................... 9 H.9.a Packet Pg. 151 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) V ADDRESSING THE COUNCIL 5.1 Manner of Addressing the Council .................................................................. 10 5.2 Time Limitation ............................................................................................... 10 5.3 Addressing the Council After Motion is Made ................................................. 10 5.4 Written Communication ................................................................................... 10 VI MOTIONS 6.1 Processing of Motions. .................................................................................... 10 6.2 Division of Motion ........................................................................................... 10 6.3 Order of Motions ............................................................................................. 10 6.4 Particular Motions, Purpose, and Criteria ........................................................ 11 VII VOTING 7.1 Voting Procedure ............................................................................................ 12 7.2 Voting ....................................................................................................................... 12 7.3 Failure to Vote ................................................................................................ 12 7.4 Reconsideration .............................................................................................. 12 VIII ROSENBERG’S RULES OF ORDER…………………………………………………... 14 H.9.a Packet Pg. 152 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 1 I MEETINGS 1.1 REGULAR MEETINGS. The Regular City Council Meetings are held on the second and fourth Tuesday of every month, beginning at 6:00 p.m. 1.2 ADJOURNED MEETINGS. Any regular or adjourned meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. 1.3 SPECIAL MEETINGS. A special meeting may be called at any time by the Presiding Officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing. The notice shall be delivered personally, by fax or e-mail or by any other means and shall be received at least 24-hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at, or prior to, the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telegram, fax or e-mail. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. 1.4 EMERGENCY MEETINGS. In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Government Code Section 54956, or both of the notice and posting requirements. 1.5 CLOSED SESSIONS - MATTERS OF DISCUSSION. Any matter proposed to be considered in closed session must appear on the posted agenda unless added on an emergency basis in the same manner as required for items on the open agenda. Closed session item descriptions shall generally comply with Government Code Section 54954.5. Following the conclusion of closed session, any action taken shall be reported in open session if required by Government Code Section 54957.1. All meetings of the Council shall be open to the public; however, the Council may hold Closed Sessions, from which the public may be excluded, for consideration of the following subjects: H.9.a Packet Pg. 153 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 2 a. Pending litigation; b. Threatened or anticipated litigation against the local agency; c. Commencement of litigation; d. Real estate negotiations; e. Public Employment; and f. Labor Negotiations 1.6 CLOSED SESSIONS - REPORT OF ACTION/STATEMENT OF REASONS. Any matter proposed to be considered in closed session must appear on the posted agenda unless added on an emergency basis in the same manner as required for items on the open agenda. Closed session item descriptions shall generally comply with Government Code Section 554954.5. Following the conclusion of closed session, any action taken shall be reported in open session if required by Government Code Section 54957.1. Prior to, or after, a Closed Session, the Council shall state the general reason, or reasons, for the Closed Session. The Council may consider only those items covered in the statement. 1.7 QUORUM. A majority of the Council (three members) shall be sufficient to conduct business. In the absence of a majority of the Council Members from a regular or adjourned meeting, the City Clerk may declare the meeting adjourned to a stated day and hour. Motions may be passed by a 2-1 vote if only three Members are present. However, the following matters require a minimum of three affirmative votes: a. Ordinances (emergency/urgency ordinances require four affirmative votes); b. Resolutions; c. Orders for payment of money; d. Selection of Officers (exclusive of Presiding Officer). II ORDER OF BUSINESS 2.1 AGENDA. The order of business of Council meetings will be listed in the Agenda prepared by the City Clerk. The Council will follow the order of business in the prepared Agenda; items of general, or special, interest may be taken out of order by the Mayor or by a majority vote of the Council. a. Posting. The Agenda will be posted in three public places designated by Council for such purpose and will be available for public review at City Hall at least 72-hours prior to the commencement of regular meetings. All Agenda packet material will be available for review at City Hall and at Council Chambers. The designated public places for posting the agenda are the Civic Center, Library and the Senior Center. H.9.a Packet Pg. 154 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 3 b. Consent Calendar. Consent Calendar items are considered by Council to be routine and noncontroversial and will all be enacted by one motion in the form listed. There will be no separate discussion of these items prior to the time the Council votes on the motion to adopt unless members of the Council, Staff, or the public request specific items be removed from the Consent Calendar for separate action. The Check Register will routinely appear on the Consent Calendar. c. 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. d. Requests for Future Agenda Items by City Council. The agenda shall contain a section entitled “Requests for Future Agenda Items by City Council.” If a City Council Member is interested in a task or project that will require more than one hour of staff time to complete, the City Council Member shall submit the item to the City Manager and the item shall be agendized in this section to ask the City Council if time should be spent on preparing a report on the proposed item. To ensure compliance with the Brown Act, all item requests shall be submitted to the City Manager at least one week in advance of the meeting so that the item can be included on the agenda under this section. In order for any listed item to be placed on a future agenda for substantive discussion, the City Council must act by formal motion (i.e., requires a motion and a second) to direct the City Manager to place the item on a future agenda. Pursuant to the requirements of the Brown Act, no other items may be considered other than those listed in this section. e. Public Comment on Agenda Items. Members of the public will be given an opportunity to address items on the agenda, before action is taken on the items, by filing out a speaker card indicating their desire to speak on a specific agenda item. 2.2 REQUESTS FOR FUTURE AGENDA ITEMS BY THE PUBLIC. Any request to have an item placed on a future agenda must be made in writing and submitted to the City Clerk’s office and the request will be processed in accordance with Council Procedures. H.9.a Packet Pg. 155 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 4 The City Clerk will provide copies of the request to Council Members prior to the next Council meeting; however, it is the City Manager's, or majority of Council's, discretion whether to place the item on the next regular Agenda. 2.3 CALL TO ORDER. The meeting of the Council shall be called to order by the Mayor or, in his/her absence, the Mayor Pro Tem. (See Section 3.1 for absence of Mayor and Mayor Pro Tem.) In the absence of all Council Members, the City Clerk shall call the meeting to order and declare the same adjourned to a stated day and hour. The meetings will be opened with invocation and the Pledge of Allegiance. 2.4 ROLL CALL. A roll call of Mayor and Council Members will be conducted by the City Clerk, who enters the names of those present and those absent in the Minutes. 2.5 ABSENCE OF CITY CLERK. If the City Clerk is absent from a Council meeting, the Deputy City Clerk acts in the Clerk's behalf. If there is no Clerk or Deputy present, the Mayor shall appoint a Council Member to serve as City Clerk Pro Tempore (Gov’t Code § 36804). 2.6 PREPARATION/APPROVAL OF MINUTES. It is the City Clerk's responsibility to maintain a record (Minutes) of Council meetings. The Clerk shall have exclusive responsibility for preparation of the Minutes, and any directions for changes in the Minutes may be made only by Council action. In order to maintain a full and true Minute record, the Minutes shall consist of a clear and concise statement of each and every Council action including motions made and the vote thereon. Items may be included if considered to be particularly relevant or otherwise necessary by the Clerk. Action Minutes will be taken of all City Council meetings (Regular, Special; Emergency) by the City Clerk, or designee. Any Council Member may request a statement be included in the Minutes by indicating "for the record." 2.7 PUBLIC HEARINGS. The following procedure is suggested for conducting public hearings: a. Presentation of Agenda Item b. Written Communications c. City Council questions/staff comments d. Public Hearing Opened e. Applicant’s comments (applicant not limited to 3-minutes) H.9.a Packet Pg. 156 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 5 f. Oral testimony—favor and opposition (speakers limited to 3-minutes) g. Applicant’s rebuttal (applicant not limited to 3-minutes) h. Public Hearing Closed i. City Council deliberation Council Members should refrain from asking questions or, in any way, interfere with the “oral testimony” portion of the Public Hearing. 2.8 RESOLUTIONS Resolutions Not Prepared in Advance of a City Council meeting: When a resolution has not been prepared in advance of a City Council meeting, the procedure shall be to instruct the City Attorney to prepare a resolution for presentation at the next Council Meeting. Urgency Resolutions: In matters of urgency, a resolution may be presented verbally, with specific instructions to the City Attorney and staff for written preparation of the urgency resolution. After the resolution has been verbally stated, the resolution may be adopted by three affirmative votes. Urgency resolutions shall be avoided except when absolutely necessary. 2.9 ORDINANCES Consent Calendar Agenda Item #1, on the City Council agenda shall waive full reading of all ordinances on the City Council agenda. Council will approve the introduction, or first reading, of the ordinance, by title only and if approved, the adoption and second reading will be scheduled for the following Council meeting. With the exception of urgency (emergency) ordinances, no ordinance shall be adopted by the Council on the date of introduction, nor within five days thereafter, nor at any time other than a regular or adjourned regular meeting. An ordinance must be adopted, at its second reading, by at least three affirmative votes, and becomes effective 30 days thereafter (an urgency ordinance requires a minimum of four affirmative votes and becomes effective immediately, Ref: Sec. 2.10). If an ordinance is altered after first reading, a motion for an amended first reading is required. The ordinance shall not be considered for adoption until five days thereafter. Correction of a typographical or clerical error does not constitute alteration of the ordinance. H.9.a Packet Pg. 157 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 6 2.10 URGENCY ORDINANCES (EMERGENCY). An ordinance which is necessary to go into effect immediately and requires a four-fifths vote to do so. It is required, however, to be on the regular posted City Council agenda. 2.11 CONSIDERATION OF ITEMS NOT ON THE CITY COUNCIL AGENDA. No matters, other than those appearing on the Agenda, will be acted upon by the City Council, except matters which are deemed to be of an emergency nature requiring action prior to the next regular meeting and which arose after the posting of the Agenda. Adding such items requires a four-fifths vote of the City Council. 2.12 ADJOURNMENT. Adjournment of the meeting to the next regular meeting does not require a motion. A motion is required to adjourn a meeting to an adjourned meeting specifying the date, time, and place of said adjourned meeting. III PRESIDING OFFICER 3.1 PRESIDING OFFICER. The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and Mayor Pro Tem, the Council shall elect a temporary Presiding Officer to serve until the arrival of the Mayor or Mayor Pro Tem, or until adjournment. The terms "Presiding Officer," "Mayor," and "Chair" shall be used interchangeably within this manual. 3.2 PARTICIPATION OF PRESIDING OFFICER. The Presiding Officer is, primarily, responsible for the conduct of the meeting; may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members; and shall not be deprived of any such rights and privileges. 3.3 QUESTION (MOTION) TO BE STATED. The Presiding Officer shall verbally restate each motion immediately prior to calling for the vote. Following the vote, the City Clerk shall announce whether the motion carried or was defeated. In cases where the action of the Council may be unclear for those in the audience, the Mayor shall summarize the action of the Council before proceeding to the next item of business. 3.4 SIGNING OF DOCUMENT. Subject to Council policy, the Mayor shall sign ordinances, resolutions, and contracts approved by the Council at meetings at which he/she is in attendance. In the event of his/her absence, the Mayor Pro Tem shall sign all such documents approved and adopted by Council. 3.5 MAINTENANCE OF ORDER. The Mayor is responsible for the maintenance of order and decorum at all times. No person shall be allowed to speak who has not H.9.a Packet Pg. 158 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 7 first been recognized by the Chair. All questions and remarks shall be addressed to the Chair. IV RULES, DECORUM, AND ORDER 4.1 POINTS OF ORDER. The Presiding Officer shall determine all Points of Order subject to the right of any Council Member to appeal to the Council. If any appeal is taken, the question shall be in the following form: “Shall the decision of the Presiding Officer be sustained?" In this event, a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER – COUNCIL MEMBERS 1. Every Council Member desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine himself/herself to the question under debate. 2. Every Council Member desiring to question the administrative staff shall address questions to the City Manager or City Attorney, who shall be entitled to either answer the inquiry or designate a member of staff for that purpose. 3. A Council Member, once recognized, shall not be interrupted while speaking unless called to order by the Mayor, unless a point of order is raised by another Council Member, or the speaker chooses to yield to questions from another Council Member. 4. A Council Member who is called to order while speaking shall cease speaking until the question of order is determined. If ruled to be not in order, the Council Member shall remain silent or shall alter the remarks so as to comply with rules of the Council. 5. The Mayor and Council Members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities. 6. Any Council Member may move to require the Mayor to enforce the rules, and the affirmative vote of a majority of the Council shall require the Mayor to so act. 4.3 DECORUM AND ORDER – EMPLOYEES. Members of the Administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall ensure that all City Employees observe such decorum. H.9.a Packet Pg. 159 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 8 Any Staff member, including the City Manager, desiring to address the Council shall first be recognized by the Chair. All remarks shall be addressed to the Chair, and not to anyone individual Council Member or public member. 4.4 DECORUM AND ORDER – PUBLIC. The City Council, elected by the public, must be free to discuss issues confronting the City in an orderly environment. a. Any member of the public who engages in disorderly behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting shall, upon an order by the Presiding Officer or a majority of the City Council, be barred from further audience before the City Council during that meeting, pursuant to the provisions of subsection (c), below. b. Disorderly behavior under subsection (a) may include, but is not limited to, the following: 1. Speaking without being recognized by the Presiding Officer. 2. Continuing to speak after the allotted time has expired. 3. Speaking on an item at a time not designated for discussion by the public of that item. 4. Throwing objects. 5. Speaking on an issue that is not within the jurisdiction of the City Council. 6. Attempting to engage the audience rather than the City Council. 7. Refusing to modify conduct after being advised by the Presiding Officer that the conduct is disrupting the meeting or disobeying any other lawful order of the Presiding Officer or a majority of the City Council c. Enforcement. The rules of conduct while addressing the City Council set forth above shall be enforced in the following manner: 1. Call to order and warning to desist. Whenever practicable, the Presiding Officer or a majority of the City Council shall give a warning to the person who is breaching the rules of conduct to be orderly and to comply with the rules of conduct hereunder. Such a warning shall articulate the rule of conduct being violated and the manner in which the person must comply. A warning shall not be necessary when it would not be effective under the circumstances, including when, but not limited to, the disturbance is such that the warning cannot be heard above the noise, or the conduct of the person or persons constitutes an immediate threat to public safety, such as the throwing of objects or specific threats of harm and the apparent, present ability to carry out such threats. A warning shall also not be necessary when an individual violates the H.9.a Packet Pg. 160 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 9 rules of conduct more than once during a Council meeting, or continuously violates the rules of conduct Council meeting after Council meeting. 2. Order barring person from meeting. A person who engages in disorderly behavior shall be barred from the remainder of that council meeting by the Presiding Officer or a majority of the City Council when that person: (i) continues the disorderly behavior after receiving a warning pursuant to subsection (c)(1); (ii) ceases the disorderly behavior upon receiving a warning pursuant to subsection (c)(1), but later in the same council meeting resumes such disorderly behavior; or (iii) engages in disorderly behavior and no warning is practicable under the circumstances, pursuant to subsection (c)(1). The continuation of disorderly behavior after receiving a warning, repeated disorderly behavior during a Council meeting, disorderly behavior at Council meeting after Council meeting, or disorderly behavior that is so significant that a warning cannot be given, constitutes the type of behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a City Council meeting. 3. Removal. If the person barred from the meeting does not voluntarily remove him/herself upon being instructed to do so by the Presiding Officer or a majority of the City Council, the Presiding Officer or the majority of the City Council may direct the sergeant-at-arms to remove that person from the Council Chamber. 4.5 PERSONAL INTEREST - No Council Members prevented from voting by legal conflict of interest shall remain at the Council dais during the debate and vote on any such matter. In the event of such conflict, the Council Members shall state for the record the basis for the conflict of interest and leave the Council dais prior to the commencement of discussion of the issue. 4.6 LIMITATION OF DEBATE - No Council Member shall be allowed to speak more than once upon anyone subject until every other Council Member choosing to speak has spoken. Merely asking a question or making a suggestion is not considered as speaking. 4.7 DISSENT AND PROTEST - Any Council Member shall have the right to express dissent from, or protest to, any action of the Council and request that the reason be entered into the Minutes. 4.8 PROCEDURES AND RULES - In a rule to govern a point of procedure, Rosenberg’s Rules of Order shall govern, unless there is a conflict between the rules set forth herein in Sections 1.1 through 7.4, at which point Sections 1.1 through 7.4 shall govern. H.9.a Packet Pg. 161 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 10 V ADDRESSING THE COUNCIL 5.1 MANNER OF ADDRESSING THE COUNCIL - Any person desiring to address the Council shall fill out a request to speak form and wait to be recognized by the Mayor, and after being recognized shall proceed to the podium, or microphone. Such persons are requested to state for the record his or her name and address. Remarks are to be limited to the subject under discussion. 5.2 TIME LIMITATION - Any public member addressing the Council shall limit his or her address to three (3) minutes. The Mayor or a Council Member may move to extend the time limitation which shall be extended upon a majority vote of the Council. When any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesman be chosen to represent the group, so as to avoid unnecessary repetition. A speaker may not yield time to another speaker. 5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE - After a motion has been made, no person shall address the Council without securing permission by a majority consensus of the Council. 5.4 WRITTEN COMMUNICATION - Unless specifically requested otherwise, the City Manager is authorized to receive and open all mail addressed to the City Council and take any immediate administrative action required between Council meetings, which does not require specific Council action. Any communication requiring Council action will be reported to the Council at the next possible meeting, together with a report and recommendation of the City Manager. VI MOTIONS 6.1 PROCESSING OF MOTIONS - When a motion is made and seconded, it shall be restated by the Presiding Officer before debate. A motion shall not be withdrawn by the mover without the consent of the Council Member seconding it and the approval of Council. 6.2 DIVISION OF MOTION - If a motion contains two or more divisible propositions, the Mayor may, and upon request of a Council Member shall (unless appealed by another Council Member), divide the motion. 6.3 ORDER OF MOTIONS - When multiple motions are before the body, the last motion is voted on first. H.9.a Packet Pg. 162 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 11 Non-Debatable Motions: a. Adjourn, b. Recess c. Fix the time to adjourn Super Majority Votes: (2/3 vote required) a. Limit debate b. Close nominations c. Object to the consideration of an item d. Suspend the rules e. Reconsider – (A member of the majority of the previous vote must motion at the same or next meeting.) 6.4 PARTICULAR MOTIONS, PURPOSE, AND CRITERIA 1. Motion to Adjourn: Purpose - To terminate a meeting. Debatable or Amendable - No, except a motion to adjourn to another time is debatable and amendable as to the time to which the meeting is to be 2. Motion to Refer to Commission, Committee, or Staff: Purpose - To refer the question before the Council to a commission, committee, or to the City Staff for the purpose of investigating or studying the proposal and to make a report back to the Council. If the motion fails, discussion or vote on the question resumes. Debatable or Amendable -Yes. 3. Motion to Amend: Purpose - To modify or change a motion that is being considered by the Council so it will express more satisfactorily the will of the members. If there are two amendments, the second amendment is voted upon first if it carries, it automatically cancels the first amendment, and the vote is taken on the amended motion. An amendment motion relating to a different matter shall not be in order. Debatable or Amendable - Yes. 4. Postpone Indefinitely: Purpose - To prevent further discussion and voting on the main motion. If the motion fails, discussion and voting on the main motion resumes. If it passes, the subject of main motion shall not be brought up again for the remainder of the meeting. Debatable or Amendable - It is debatable but not amendable. H.9.a Packet Pg. 163 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 12 5. Main Motion: Purpose - The primary proposal or question before the Council for discussion and decision. Debatable or Amendable - Yes. VII VOTING 7.1 VOTING PROCEDURE - Motions will be adopted by either electronic voting system, voice or roll call vote. The results of the vote shall be entered in full in the minutes. 7.2 VOTING - Every ordinance, resolution, and payment of money requires three affirmative votes. Emergency ordinances require four affirmative votes. Unless otherwise required by law, all other actions of the Council require a majority vote of the Council Members present. 7.3 FAILURE TO VOTE - Every Council Member should vote unless disqualified for a personal conflict of interest. Self-disqualification, without cause, which results in a tie vote shall be avoided; but no Council Member shall be forced to vote. A Council Member who abstains shall, in effect, consent that a majority of the quorum may act for him or her. Tie votes shall be lost motions and may be reconsidered. 7.4 RECONSIDERATION - After motion and vote by the Council, such action may be reconsidered or rescinded only in the following manner: Reconsideration: A motion to set aside a vote (to reconsider) on a main motion shall always be in order at the same meeting or at the next regular Council meeting following the action. The motion can be made by any Council Member who voted affirmatively on the matter. If the motion to reconsider passes, the effect thereof is to overrule and cancel the prior action and rehear the original subject. Lost Motion: A lost motion is one that fails to receive the necessary number of votes to carry. Tie votes result in a lost motion. A tie vote which has resulted from there being present less than a full Council shall be automatically reconsidered at the next Council meeting at which all members are present. Lost motions may be renewed at any subsequent Council meeting. To revive a lost motion at the same meeting, the proper action is a motion to reconsider (discussed above). H.9.a Packet Pg. 164 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 14 Rosenberg’s Rules of Order REVISED 2011 Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg VIII ROSENBERG'S RULES OF ORDER H.9.a Packet Pg. 165 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 15 2 Introduction The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of Rosenberg’s Rules of Order. What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly. This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: 1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate. 3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process. Establishing a Quorum The starting point for a meeting is the establishment of a quorum. A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three. When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs, the body loses its ability to transact business until and unless a quorum is reestablished. The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body. The Role of the Chair While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself. Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, often published agenda. Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format: H.9.a Packet Pg. 166 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 16 3 First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item. Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item. Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond. Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed). Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion. Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair. Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it. Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated. Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.” Motions in General Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus. Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ” A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.” The chair usually initiates the motion in one of three ways: 1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.” 2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings.” 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time. The Three Basic Motions There are three motions that are the most common and recur often at meetings: The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.” H.9.a Packet Pg. 167 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 17 4 The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way. The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.” “Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the chair’s designation governs. A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion.” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend. Multiple Motions Before the Body There can be up to three motions on the floor at the same time. The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair. When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows: First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions. Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote. Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote. Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote. H.9.a Packet Pg. 168 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 18 5 Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific time in which the item can come back to the body.“I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor. However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it. When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super Majority Votes In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass: Motion to limit debate. Whether a member says, “I move the previous question,” or “I move the question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass. Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass. Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. Counting Votes The matter of counting votes starts simple, but can become complicated. Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated. If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion. What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a fiv e-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated. Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes. In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the fi e members of the board must vote affir matively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in H.9.a Packet Pg. 169 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 19 6 California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count. After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting,” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting.” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes. How does this work in practice? Here are a few examples. Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails. Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies. If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes,” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote. Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes,” one “no” and one “abstain,” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster. Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying,“Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well. Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent.” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed. A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider. First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality. If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. H.9.a Packet Pg. 170 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 20 7 Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be,“point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear. Order. The proper interruption would be,“point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is simply another way of saying, “return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined above will help make meetings very public- friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. H.9.a Packet Pg. 171 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) 21 1400 K Street, Sacramento, CA 95814 (916) 658-8200 | Fax (916) 658-8240 www.cacities.org To order additional copies of this publication, call (916) 658-8200. $10 © 2011 League of California Cities. All rights reserved. Printed on recycled paper. H.9.a Packet Pg. 172 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) Process for Council Members to Request Items be Placed on Future Agenda’s (1) Request Future Agenda Item Contacting City Manager or Announcing Request at Council Meeting to add item to Section H of Future Meeting (2) Requested Item Added to Section H Topic introduced and voted on By Council to Add to New Business for discussion Approved Yes or No (3) New Business Item Scheduled Under New Business for Council Discussion and Direction to Staff Direction Provided (4) New Business Item Returns Under New Business for Council Action No Further Action No Further Action H.9.b Packet Pg. 173 At t a c h m e n t : A t t a c h m e n t I I - F u t u r e A g e n d a I t e m P r o c e s s ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) City of Grand Terrace Inter-departmental Memorandum City Manager’s Office ____________________________________________________________________________ DATE: June 23, 2020 TO: Mayor and City Council FROM: G. Harold Duffey, City Manager Cynthia Fortune, Assistant City Manager SUBJECT: PRIORITY PROJECTS UPDATE FOR 2020-2021 AS APPROVED BY CITY COUNCIL AT ITS SPECIAL MEETING WORKSHOP DATED MAY 28, 2020 ____________________________________________________________________________ The City Manager’s Office has multiple business lines and while our resources are limited, we continue to allocate our resources to achieve maximum returns in the following areas: • Economic Development • Efficient Services to Citizens • Code Enforcement to Maintain the Community’s Quality of Life • Sustainability of the Organization While the City Manager will be responsible to ensure all departments adhere to priorities as supported by the City Council, the City Manager’s Office will also ensure the alignment of priorities based on its various business lines. The City Manager’s priorities will be based on alignment with the City Manager’s 2030 Vision Implementation Plan Phase II and the annual budget approved by City Council. The four categories of ranking used to prioritize the projects are: 1. Economic Development (40%) 2. Funding and Resources (25%) 3. Approved Council’s Future Agenda Item Requests (20%) 4. Quality of Life (15%). Priority projects are categorized as “A” Top Priority, “B” High Priority and “C” Priority. H.9.c Packet Pg. 174 At t a c h m e n t : A t t a c h m e n t I I I - 0 6 - 2 3 - 2 0 2 0 - M a y o r a n d C i t y C o u n c i l R e P r i o r i t y P r o j e c t s - U p d a t e d ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) Memo to Mayor and City Council Page 2 of 5 City Manager Office Priority Projects for 2020-2021 Economic Development CM – Committees & Commissions “A” Top Priority “B” High Priority “C” Priority Youth Appointment to Parks Commission Return to City Council with Options to Delegate Special Event Support Establish Youth Council or Youth Council Week CM – Human Resources “A” Top Priority “B” High Priority “C” Priority Employee Appreciation Program Council & City Staff Social Events Review of Health and Compensation “A” Top Priority “B” High Priority “C” Priority Development of 4.78 Acres on Barton Rd. Stater Bros. Expansion Development on City Center Dr. Gateway Specific Plan Storm Drainage Michigan Cage Park Taco Bell Rails to Trails Grant to Access Santa Ana River Surgical Center Walgreens Center Expansion Mr. TV Video Kaz Ramen Coffee Hollywood Video Conversion Edwin Fuels Fire Station Agreement TOT Tax Implementation Adult Daycare to Advance Accessibility (Former Childcare Site) Pit Stop Development La Crosse Development RDA Lot 0.80 Acre Development Cannabis Related Activities and Licensing in the City H.9.c Packet Pg. 175 At t a c h m e n t : A t t a c h m e n t I I I - 0 6 - 2 3 - 2 0 2 0 - M a y o r a n d C i t y C o u n c i l R e P r i o r i t y P r o j e c t s - U p d a t e d ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) Memo to Mayor and City Council Page 3 of 5 City Attorney Priority Project 2020-2021 “A” Top Priority “B” High Priority “C” Priority Code of Conduct – Legislative Body Handbook Finance & Senior Center Development 2020-2021 “A” Top Priority “B” High Priority “C” Priority Review of Business License Fee Finance Department Staff Re-Organization Housing Agency Programs Expand Outreach for Senior Transportation Services. (Utility & Water Bill Inserts) City Clerk’s Office Priority Projects 2020-2021 “A” Top Priority “B” High Priority “C” Priority FPPC Compliance Scanning Increase Content of Intranet - Ongoing Records Destruction – Milestones and Research Grants Research Use of Facebook Live and Twitter City Clerk’s Department Operations Manual Manage City Neighborhood Recognition Programs Lighting in City Council Chamber Manage Annual Acknowledgment Program City Council Chamber Reception Area Upgrade Public Works Priority Projects 2020-2021 “A” Top Priority “B” High Priority “C” Priority Fitness Park Canopy Small Cell Site Infrastructure Plan Park Enhancements Commerce Way Expansion Utility Pole Undergrounding Master Plan Mt. Vernon Slope Stabilization (New Grant Application) Year 3 CIP Fee Study Development Plans Fire Station Roof Repair Highway Safety Improvement Program Cycle 9 Guardrail H.9.c Packet Pg. 176 At t a c h m e n t : A t t a c h m e n t I I I - 0 6 - 2 3 - 2 0 2 0 - M a y o r a n d C i t y C o u n c i l R e P r i o r i t y P r o j e c t s - U p d a t e d ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) Memo to Mayor and City Council Page 4 of 5 Parking City Wide Strategy West Barton Bridge Replacement Road Support for Community Events Storm Drain Master Plan Public Works Maintenance Priority Projects 2020-2021 “A” Top Priority “B” High Priority “C” Priority Traffic Signal/Street Light Storm Drain/Channel Street, Sidewalk, Curb, Parkway City Facilities Parks City Neighborhood Lighting Plan Street Sign Replacement Program Planning & Development Services Priority Projects 2020-2021 “A” Top Priority “B” High Priority “C” Priority 4.78 Acres – PSA, Entitlements Zoning Around Schools Sign Code Amend Master Plan Grand Terrace Road – Aegis Edwin Fuels Gateway SP Anita – Grocery Outlet Sign Taco Bell Mr. TV Video Parking Program Grand T-1 LLC Project Blue Mountain Trail Grant Farming Project – 40 Acre Greenbelt Surgical Center Housing Authority Report Barton Road Streetscape Michigan Street – Complete Street Safety Element Update Housing Element Update H.9.c Packet Pg. 177 At t a c h m e n t : A t t a c h m e n t I I I - 0 6 - 2 3 - 2 0 2 0 - M a y o r a n d C i t y C o u n c i l R e P r i o r i t y P r o j e c t s - U p d a t e d ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s ) Memo to Mayor and City Council Page 5 of 5 Public Safety Priority Projects 2020-2021 “A” Top Priority “B” High Priority “C” Priority Protocols for Special Events & Seasonal Law Enforcement Needs C.O.P. Recruitment Public Education & Citizens Arrests Neighborhood Watch Program Expansion Stop the Bleed EOC - Update Hazard Mitigation Plan H.9.c Packet Pg. 178 At t a c h m e n t : A t t a c h m e n t I I I - 0 6 - 2 3 - 2 0 2 0 - M a y o r a n d C i t y C o u n c i l R e P r i o r i t y P r o j e c t s - U p d a t e d ( R e q u e s t e d F u t u r e C o u n c i l A g e n d a I t e m s )