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01/11/2022CITY OF GRAND TERRACE CITY COUNCIL, CITY COUNCIL AS THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY AGENDA ● JANUARY 11, 2022 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 reopened its public meetings. Therefore, the regular meeting of the City Council for January 11, 2022 is open to the public. Please be advised that masks will be required, social distancing will be practiced, and occupancy limits will be enforced. Please note that Pursuant to Assembly Bill 361, due to COVID-19, The City of Grand Terrace is authorized to make public meetings accessible electronically for members of the public wishing to address the City Council. The regular meeting of the City Council for January 11, 2022, will also be conducted in-person, 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, please complete a Request to Speak card located at the front entrance and provide it to the City Clerk. 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: 856 5032 1907 Password: 809976 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, Successor Agency and Housing Authority January 11, 2022 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, City Council as the Successor Agency to the Community Redevelopment Agency and Housing Authority. Invocation Pledge of Allegiance Roll Call Attendee Name Present Absent Late Arrived Mayor Darcy McNaboe    Mayor Pro Tem Bill Hussey    Council Member Sylvia Robles    Council Member Doug Wilson    Council Member Jeff Allen    A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA B. SPECIAL PRESENTATIONS New Employee Introduction, Cindy Rushing, Budget Officer – Introduced by Terry Shea, Interim Finance Director GT Cars & Coffee Santa Clause Toy Drive Cruise - Presented by Johan Gallo 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. Agenda Grand Terrace City Council, Successor Agency and Housing Authority January 11, 2022 City of Grand Terrace Page 3 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK 2. Approval of Minutes – Regular Meeting – 12/14/2021 DEPARTMENT: CITY CLERK 3. Re-Authorize and Extend Remote Teleconference Meetings of the Legislative Bodies of the City of Grand Terrace, Successor Agency to the Grand Terrace Community Redevelopment Agency, and Grand Terrace Housing Authority for a 30-Day Period Pursuant to the Ralph M. Brown Act and Assembly Bill No. 361 RECOMMENDATION: Re-Affirm and Extend Resolution No. 2021-40, A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, THE BOARD OF THE SUCCESSOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY, AND THE BOARD OF THE GRAND TERRACE HOUSING AUTHORITY RE- RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND RE-AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF GRAND TERRACE, SUCCESSOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY, AND GRAND TERRACE HOUSING AUTHORITY FOR A 30-DAY PERIOD PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361 DEPARTMENT: CITY CLERK 4. Adoption of Resolutions Updating the Signature Authority for the City's & Successor Agency's (As Applicable) Bank of America, California Asset Management Program, LAIF, US Bank Safekeeping, Arrowhead Credit Union, MIDAmerica, and Empower Retirement Accounts RECOMMENDATION: Adopt the attached Resolutions updating the Signature Authority for the City’s and Successor Agency’s (as applicable) Bank of America, California Asset Management Program, LAIF, US Bank Safekeeping, Arrowhead Credit Union, MIDAmerica, and Empower Retirement Accounts DEPARTMENT: FINANCE 5. Independent Contractor Agreement for Fiscal Year 2021-2022 with Family Services Association for the Administration and Provision of a “Senior Congregate and Mobile Meal Program” and “Senior Center Coordinator” Services RECOMMENDATION: 1. Approve the Independent Contractor Agreement for Fiscal Year 2021-2022 with Family Services Association (“FSA”) for the administration and provision of a “Senior Congregate and Mobile Meal Program” and ““Senior Center Coordinator” services at the Senior Center as described therein, in a total contract sum not to exceed $49,329. Agenda Grand Terrace City Council, Successor Agency and Housing Authority January 11, 2022 City of Grand Terrace Page 4 2. Authorize the City Manager to execute the Agreement subject to the City Attorney’s approval as to form. DEPARTMENT: PUBLIC WORKS 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. E. PUBLIC HEARINGS - NONE F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS 6. Procedure for Filling City Council Vacancy RECOMMENDATION: Discuss and provide direction to staff on establishment of City Council Vacancy Filling Procedures DEPARTMENT: CITY ATTORNEY H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE I. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Council Member Doug Wilson Council Member Sylvia Robles Mayor Pro Tem Bill Hussey Mayor Darcy McNaboe Agenda Grand Terrace City Council, Successor Agency and Housing Authority January 11, 2022 City of Grand Terrace Page 5 J. CITY MANAGER COMMUNICATIONS K. RECESS TO CLOSED SESSION CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government Code Section 54956.8 Property: Barton Road Excess Land APNs: 1167-231-10-0000 and 1167-231-22-0000 City negotiator: Konrad Bolowich, City Manager Negotiating parties: San Bernardino County Transportation Authority Under negotiation: Price and terms of payment 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government Code Section 54956.8 Property: APN 0276-213-47-0000 City Negotiator: Konrad Bolowich, City Manager Negotiating parties: To Be Determined Under negotiation: Price and terms of payment RECONVENE TO OPEN SESSION REPORT OUT OF CLOSED SESSION L. ADJOURN The Next Regular City Council Meeting will be held on Tuesday, January 25, 2022 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 ● DECEMBER 14, 2021 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, December 14, 2021 at 6:00 p.m. INVOCATION The Invocation was given by Pastor Greg Boatright from the Church on the Hill. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Michael Milhiser, City Manager. Attendee Name Title Status Arrived Darcy McNaboe Mayor Present Bill Hussey Mayor Pro Tem Present Sylvia Robles Council Member Absent Doug Wilson Council Member Present Jeff Allen Council Member Present G. Michael Milhiser Interim City Manager Present Adrian Guerra City Attorney Present Debra Thomas City Clerk Present Steven Weiss Planning & Development Services Director Present Eric Weck Public Works Director/Senior Engineer Present Terry Shea Interim Finance Director Present A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA Adrian Guerra, City Attorney announced that Agenda Item K.1, Public Employee Appointment, pursuant to Government Code Sections 54954.5(e) and 54957 was being pulled from the agenda. B. SPECIAL PRESENTATIONS Luis Gardea, Building Official introduced new employee Ana Martin, Building Permit Technician C.2 Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f D e c 1 4 , 2 0 2 1 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 December 14, 2021 City of Grand Terrace Page 2 Julia Firnkoess, Grand Terrace showed video presentations of the 2021 Drive Thru Trunk or Treat and 2021 Red Ribbon Week and thanked the City of Grand Terrace for its support. C. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Doug Wilson, Council Member AYES: Darcy McNaboe, Bill Hussey, Doug Wilson, Jeff Allen ABSENT: Sylvia Robles 1. Waive Full Reading of Ordinances on Agenda 2. Approval of Minutes – Special Meeting – 11/08/2021 APPROVE THE SPECIAL MEETING MINUTES OF NOVEMBER 8, 2021 3. Approval of Minutes – Regular Meeting – 11/09/2021 APPROVE THE REGULAR MEETING MINUTES OF NOVEMBER 9, 2021 4. Approval of Minutes – Special Meeting – 12/01/2021 APPROVE THE SPECIAL MEETING MINUTES OF DECEMBER 1, 2021 5. September 16, 2021 & October 21, 2021 Planning Commission Meeting Minutes, and October 4, 2021 & November 1, 2021 Historical & Cultural Activities Committee Meeting Minutes Update RECEIVE AND FILE. 6. Re-Authorize and Extend Remote Teleconference Meetings of the Legislative Bodies of the City of Grand Terrace, Successor Agency to the Grand Terrace Community Redevelopment Agency, and Grand Terrace Housing Authority for a 30-Day Period Pursuant to the Ralph M. Brown Act and Assembly Bill No. 361 RE-AFFIRM AND EXTEND RESOLUTION NO. 2021-40, A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, THE BOARD OF THE SUCCESSOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY, AND THE BOARD OF THE GRAND TERRACE HOUSING AUTHORITY RE-RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND RE- AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF GRAND TERRACE, SUCCESSOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY, AND GRAND TERRACE HOUSING AUTHORITY FOR A 30-DAY PERIOD PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361 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 D e c 1 4 , 2 0 2 1 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 December 14, 2021 City of Grand Terrace Page 3 7. Approval of the October-2021 Check Register in the Amount of $523,610.49 APPROVE THE CHECK REGISTER NO. 10312021 IN THE AMOUNT OF $523,610.49 AS SUBMITTED, FOR THE PERIOD ENDING OCTOBER 31, 2021. 8. Approve Participation in the National Opioid Settlements 1. APPROVE SETTLEMENT PARTICIPATION FORM FOR THE CITY’S PARTICIPATION IN THE NATIONAL OPIOID SETTLEMENT WITH MCKESSON CORPORATION, CARDINAL HEALTH, INC., AND AMERISOURCEBERGEN CORPORATION. 2. APPROVE SETTLEMENT PARTICIPATION FORM FOR THE CITY’S PARTICIPATION IN THE NATIONAL OPIOID SETTLEMENT WITH JOHNSON & JOHNSON, JANSSEN PHARMACEUTICALS, INC., ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC., AND JANSSEN PHARMACEUTICA, INC. 3. APPROVE THE CALIFORNIA STATE-SUBDIVISION AGREEMENT REGARDING DISTRIBUTION AND USE OF SETTLEMENT FUNDS - DISTRIBUTOR SETTLEMENT. 4. APPROVE THE CALIFORNIA STATE-SUBDIVISION AGREEMENT REGARDING DISTRIBUTION AND USE OF SETTLEMENT FUNDS - JANSSEN SETTLEMENT. 5. ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE DOCUMENTS IDENTIFIED IN RECOMMENDATION NOS. 1 THROUGH 4. 6. AUTHORIZE THE CITY MANAGER TO CARRY OUT ALL NECESSARY ACTS SUCH THAT THE CITY CAN PARTICIPATE IN THE NATIONAL OPIOID SETTLEMENTS, INCLUDING, BUT NOT LIMITED TO, THE TRANSMITTAL OF THE EXECUTED DOCUMENTS IN RECOMMENDATION NOS. 1 THROUGH 4 9. Adoption of a Resolution Regarding the Preparing of the 2022 Local Appointments List and Posting of the Same ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, REGARDING THE PREPARATION OF THE 2022 LOCAL APPOINTMENTS LIST AND POSTING OF THE SAME 10. City Hall Closure During the 2021 Holidays RECEIVE AND FILE THE REPORT ON THE CLOSURE OF CITY HALL FROM THURSDAY, DECEMBER 23, 2021 THROUGH MONDAY, JANUARY 3, 2022 D. PUBLIC COMMENT Johan Gallo, Grand Terrace provided an update on the December 10, 2021 Santa Toy Drive Cruise and thanked the City Council and the City of Grand Terrace for its support. 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 D e c 1 4 , 2 0 2 1 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 December 14, 2021 City of Grand Terrace Page 4 E. PUBLIC HEARINGS 11. Public Hearing and Adoption of Resolution Relating to Rate Increases for Residential, Commercial, and Multi-Family Housing Solid Waste Collection, Recycling and Disposal Service Rates Shanita Tillman, Management Analyst gave the PowerPoint presentation for this item. Mike Arreguin, Vice President of Burrtec Waste Industries, Inc. provided the City Council with a summary of the rate increase requested by Burrtec Waste Industries. PUBLIC COMMENT Scott Welsher, Grand Terrace opposes the rate increase requested by Burrtec Waste Industries. Glen Kendall, Grand Terrace opposes the rate increase requested by Burrtec Waste Industries. The following Grand Terrace residents submitted written protests opposing the rate increase requested by Burrtec Waste Industries: Jim & Terry Nichols Susan K. Reynolds Shirley T. Wolfe Bonnie Piller Michael O’Connell Joseph W. Hosch Roberta Stevens (2) Leslie M. Gregory Glen Kendall Terry McNeill Livia Earp Carrie Silva Chuck & Janise Llewellyn Mario & Salvador Lopez Elaine Humphrey Yareli Valencia Kevin Sewell Anna B. Collins Robert O. Martinez Robert & Alice Souter Richard Urban Hazel Kennard Esmeralda Ordonez George Rahal Chelsea Daniel 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 D e c 1 4 , 2 0 2 1 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 December 14, 2021 City of Grand Terrace Page 5 Gloria Muleady Robert & Theresa Simpson Zarina & Riazuddin Baqai Jeffrey Winchak Thomas Leon Berry Roberta Avalos 1. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTION OF RATE INCREASES FOR RESIDENTIAL, COMMERCIAL, AND MULTI-FAMILY HOUSING SOLID WASTE COLLECTION, RECYCLING AND DISPOSAL SERVICE RATES 2. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA APPROVING AN INCREASE IN RESIDENTIAL, COMMERCIAL, AND MULTI-FAMILY HOUSING SOLID WASTE COLLECTION, RECYCLING AND DISPOSAL SERVICE RATES RESULT: APPROVED [UNANIMOUS] MOVER: Bill Hussey, Mayor Pro Tem SECONDER: Doug Wilson, Council Member AYES: Darcy McNaboe, Bill Hussey, Doug Wilson, Jeff Allen ABSENT: Sylvia Robles F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS 12. Appointment of Konrad Bolowich as City Manager and Approval of City Manager Employment Agreement Noel Carpenter, Senior Management Analyst gave the PowerPoint presentation for this item. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPOINTING KONRAD BOLOWICH AS CITY MANAGER AND APPROVING A CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND KONRAD BOLOWICH RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Doug Wilson, Council Member AYES: Darcy McNaboe, Bill Hussey, Doug Wilson, Jeff Allen ABSENT: Sylvia Robles 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 D e c 1 4 , 2 0 2 1 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 December 14, 2021 City of Grand Terrace Page 6 13. Amendment to Statement of Benefits Pertaining to Holidays and Employee Health Plan Noel Carpenter, Senior Management Analyst gave the PowerPoint presentation for this item. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMENDING THE STATEMENT OF BENEFITS SECTIONS PERTAINING TO HOLIDAYS AND EMPLOYEE HEALTH PLAN RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Darcy McNaboe, Mayor AYES: Darcy McNaboe, Bill Hussey, Doug Wilson, Jeff Allen ABSENT: Sylvia Robles 14. Approval of Amendment No. 1 to the Professional Services Agreement for Interim Finance Director and Administration Services with Rogers, Anderson, Malody and Scott, LLP Michael Milhiser, City Manager presented the staff report for this item. 1. APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR INTERIM FINANCE DIRECTOR AND ADMINISTRATION SERVICES WITH ROGERS, ANDERSON, MALODY AND SCOTT, LLP, WHICH INCREASES THE CONTRACT SUM BY $90,000 FOR A TOTAL CONTRACT SUM OF $217,500. 2. AUTHORIZE THE MAYOR TO EXECUTE AMENDMENT NO. 1, SUBJECT TO THE CITY ATTORNEY’S APPROVAL AS TO FORM. RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Doug Wilson, Council Member AYES: Darcy McNaboe, Bill Hussey, Doug Wilson, Jeff Allen ABSENT: Sylvia Robles 15. 2021-2029 Draft Housing Element Steve Weiss, Planning & Development Services Director gave the PowerPoint presentation for this item. PUBLIC COMMENT Darryl Moore, Grand Terrace owns three (3) of the properties identified for high density which he supports and believes he can make work. They will be difficult projects as anything below moderate will be virtually impossible to make work. 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 D e c 1 4 , 2 0 2 1 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 December 14, 2021 City of Grand Terrace Page 7 1. RECEIVE STAFF PRESENTATION 2. RECEIVE PUBLIC COMMENTS 3. PROVIDE COMMENTS TO STAFF AS APPROPRIATE RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Doug Wilson, Council Member AYES: Darcy McNaboe, Bill Hussey, Doug Wilson, Jeff Allen ABSENT: Sylvia Robles H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE I. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Nothing to Report. Council Member Doug Wilson Nothing to Report. Mayor Pro Tem Bill Hussey Nothing to Report Mayor Darcy McNaboe Mayor McNaboe announced Southern California Edison’s $40,000 STEM College Scholarships for High School Seniors and encouraged Grand Terrace High School seniors to apply. J. CITY MANAGER COMMUNICATIONS Interim City Manager Milhiser thanked the City Council for the opportunity to serve the residents of the City of Grand Terrace and thanked staff for all of their hard work. K. RECESS TO CLOSED SESSION Mayor McNaboe announced that she would be recusing herself from Agenda Item K.3, Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8 and recessed the regular meeting of the City Council at 8:10 p.m. 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 D e c 1 4 , 2 0 2 1 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 December 14, 2021 City of Grand Terrace Page 8 CLOSED SESSION 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Case Name: Sunny Days, LLC v. City of Grand Terrace Case No.: CIV SB 2107692 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government Code Section 54956.8 Property: APN 0276-213-47-0000 City negotiator: Michael Milhiser, Interim City Manager Negotiating parties: To Be Determined Under negotiation: Price and terms of payment RECONVENE TO OPEN SESSION Bill Hussey, Mayor Pro Tem reconvened the regular meeting of the City Council at 8:33 p.m. REPORT OUT OF CLOSED SESSION Agenda Item K.2 – Mayor Pro Tem Hussey announced there was no reportable action taken. Agenda Item K.3 – Mayor Pro Tem Hussey announced that the City Council established an Ad Hoc Committee consisting of Council Members Doug Wilson and Jeff Allen. L. ADJOURN Mayor Pro Tem Hussey adjourned the Regular Meeting of the City Council at 8:30 p.m. The Next Regular Meeting of the City will be held on Tuesday, January 11, 2022, 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 D e c 1 4 , 2 0 2 1 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) AGENDA REPORT MEETING DATE: January 11, 2022 Council, Successor Agency & Housing Authority Item TITLE: Re-Authorize and Extend Remote Teleconference Meetings of the Legislative Bodies of the City of Grand Terrace, Successor Agency to the Grand Terrace Community Redevelopment Agency, and Grand Terrace Housing Authority for a 30-Day Period Pursuant to the Ralph M. Brown Act and Assembly Bill No. 361 PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: Re-Affirm and Extend Resolution No. 2021-40, A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, THE BOARD OF THE SUCCESSOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY, AND THE BOARD OF THE GRAND TERRACE HOUSING AUTHORITY RE- RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND RE-AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF GRAND TERRACE, SUCCESSOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY, AND GRAND TERRACE HOUSING AUTHORITY FOR A 30-DAY PERIOD PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361 2030 VISION STATEMENT: This staff report supports City Council Goal #2, “Maintain Public Safety” and Goal #5 “Engage in Proactive Communication” by ensuring that the health and safety of members of the public are protected during Council meetings while ensuring access to such meetings pursuant to State Law. BACKGROUND: On October 12, 2021, the City Council approved a Resolution No. 2021-40 (Attachment I) to continue conducting City Council meetings, and all associated agency, authority, and committee meetings, both in-person and remotely due to the Governor’s declaration of a state of emergency and state and local officials have imposed or recommended measures to promote social distancing. The City Council made findings that the requisite conditions exist for the legislative bodies of the Council C.3 Packet Pg. 14 to conduct both in-person and remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953. Pursuant to Government Code Section 54953(e)(3), in order for all legislative bodies to continue meeting remotely, the Council must declare every 30 days that: 1. The legislative body has reconsidered the circumstances of the state of emergency; and 2. Either the state of emergency continues to directly impact the ability of the members to meet safely in person, or State or local officials continue to impose or recommend measures to promote social distancing. DISCUSSION: Emergency conditions persist in San Bernardino County and throughout the state. The Governor’s State of Emergency, declared on March 4, 2020, is ongoing. The local proclamation of emergency, made by the City Council on March 24, 2020, Resolution No. 2020-05 (Attachment II), ratifying the Declaration and Proclamation of a Local Emergency (Attachment III) in response to COVID-19 in the City of Grand Terrace, continues to exist until its termination is proclaimed by the City Council. Due to the continued threat of COVID-19, state and county governments continue to recommend multiple layers of protection against COVID-19, including physical distancing, for the safety of employees and members of the public. Accordingly, the findings to continue the invocation of AB 361 remain in effect. FISCAL IMPACT: None. ATTACHMENTS: • Attachment I (PDF) • Attachment II (PDF) • Attachment III (PDF) APPROVALS: Debra Thomas Completed 01/05/2022 4:55 PM City Manager Completed 01/05/2022 5:08 PM City Council Pending 01/11/2022 6:00 PM C.3 Packet Pg. 15 C.3.a Packet Pg. 16 At t a c h m e n t : A t t a c h m e n t I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) C.3.a Packet Pg. 17 At t a c h m e n t : A t t a c h m e n t I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) C.3.a Packet Pg. 18 At t a c h m e n t : A t t a c h m e n t I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) C.3.a Packet Pg. 19 At t a c h m e n t : A t t a c h m e n t I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) C.3.a Packet Pg. 20 At t a c h m e n t : A t t a c h m e n t I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) RESOLUTION NO. 2020-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RATIFYING, DECLARING AND PROCLAIMING A LOCAL EMERGENCY IN RESPONSE TO COVID-19 WHEREAS, in December 2019, an outbreak of respiratory illness due to a novel coronavirus (COVID-19) was first identified in Wuhan City, Hubie Province, China; and WHEREAS, the Center for Disease Control and Prevention (CDC) considers COVID-19 to be a very serious public health threat with outcomes ranging from very mild including some with no reported symptoms)to severe, including illness resulting in death; and WHEREAS, according to the CDC, there is no vaccine to prevent COVID-19 and there is no specific antiviral treatment recommended for COVID-19 at this time; and WHEREAS, on January 30, 2020, the World Health Organization declared a Public Health Emergency of International Concern over the global spread of COVID-19; and WHEREAS, on January 31, 2020, Health and Human Services declared a Public Health Emergency for the United States to aid the nation's healthcare community in responding to COVID-19; and WHEREAS, the California Department of Public Health (CDPH) has activated its Medical and Health Coordination Center, and the Office of Emergency Services recently activated the State Operations Center to provide support and guide actions to preserve public health; and WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency for the State of California; and WHEREAS, on March 11, 2020, the World Health Organization characterized COVID-19 as a "pandemic"; and WHEREAS, on March 12, 2020, Governor Newsom issued Executive Order N-25- 20 regarding COVID-19; and WHEREAS, on March 12, 2020, the San Bernardino County Health Official issued an order related to COVID-19, which was subsequently revised by their March 16, 2020, order (see below); and WHEREAS, on March 13, 2020, President Trump declared a National State of Emergency in response to increased spread of COVID-19; and WHEREAS, on March 16, 2020, Governor Newsom issued Executive Order N-28- 20 regarding COVID-19; and C.3.b Packet Pg. 21 At t a c h m e n t : A t t a c h m e n t I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) WHEREAS, on March 17, 2020, the San Bernardino County Health Official issued an order cancelling all meetings; and WHEREAS, there are no known cases of COVID-19 within the City of Grand Terrace, but COVID-19 is easily transmissible from person to person and as of March 17, 2020, has spread globally to over 151 countries and territories, has infected more than 179,000 individuals and killed more than 7,000 individuals per the World Health Organization; and WHEREAS, it is imperative to prepare for and respond to suspected or confirmed COVID-19 cases within the City, and to prepare to respond to an increasing number or individuals who may require medical care; and WHEREAS, strict compliance with certain Municipal Code and other City regulations would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19, which issue cannot be timely addressed absent a declaration of emergency; and WHEREAS, per Government Code Section 8630 a declaration of a local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the City Council; and WHEREAS, Section 2.28.060 of the Grand Terrace Municipal Code appoints the City Manager as Director of Emergency Services, and empowers the Director request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session; and WHEREAS, out of an abundance of caution to protect the health, safety, and welfare of the community, the Director of Emergency Services requested the City Council to proclaim a local emergency due to the public health threat caused by COVID-19; and NOW, THEREFORE, THE GRAND TERRACE CITY COUNCIL DOES HEREBY RESOLVE, AS FOLLOWS: SECTION 1. The conditions of extreme peril to the safety of persons and property have arisen within the City of Grand Terrace, caused by the effects of COVID-19. SECTION 2. The aforementioned conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency by the City, as the means to resolve the conditions of extreme peril will probably exceed the capability of the City. SECTION 3. The City Council does hereby ratify the proclamation of emergency by the City Manager as Director of Emergency Services on March 19, 2020 and the City Council hereby further declares and proclaims the existence of a local emergency. 2020-05 CC Reso Page 2 of 4 March 24, 2020 C.3.b Packet Pg. 22 At t a c h m e n t : A t t a c h m e n t I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) SECTION 4. During the existence of such local emergency, the powers, functions, and duties of the City Manager as Director of Emergency Services and the Disaster Council of this City shall be those prescribed by State Law, Chapter 2.28 of the Grand Terrace Municipal Code, and ordinances and resolutions of this City, and approved plans of the City in order to mitigate the effects of the local emergency. SECTION 5. In addition to the powers, functions, and duties already prescribed above, the Council desires to make clear the powers, functions, and duties include: a) As necessary for the public health, life, and property, entering into contracts to arrange for the procurement of materials, goods, and services needed to assist in preparing for, containing, responding to, mitigating the effects of, and recovering from the spread of COVID-19. b) Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, as well as any City procurement or related policy, are suspended to the extent reasonably necessary to address the effects of COVID-19. c) The Emergency Services Director is expressly authorized to assist with any lawful order, including the enforcement of an order of quarantine or curfew, as well as ordering potentially ill City employees to leave the workplace, authorizing certain City employees to work remotely, taking steps to limit non-essential contact by City employees, etc., to address the effects of COVID-19. SECTION 6. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council. SECTION 7. The Government Code Section 8630 requirement that the Council review of the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency has been waived for the duration of the statewide emergency declared by Governor Newsom. In the event this declaration of local emergency extends for more than the duration of the statewide emergency declared for COVID-19, City Staff are directed to thereafter return this item for Council review of the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency. SECTION 8. This Resolution shall take effect immediately. A copy of the Proclamation and this Resolution shall be forwarded to the San Bernardino County Operational Area for transmission to California Emergency Management Agency. The City Clerk shall certify to the passage and adoption of this resolution. 2020-05 CC Reso Page 3 of 4 March 24, 2020 C.3.b Packet Pg. 23 At t a c h m e n t : A t t a c h m e n t I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 24th day of March 2020. Dar Naboe Mayo ATTEST: - - r 1,—)e' J.P"- S--ikA-612-x) Debra L. Thomas City Clerk - APPROVED AS TO ORM: di--/ Adrian R. Guerra City Attorney 2020-05 CC Reso Page 4 of 4 March 24, 2020 C.3.b Packet Pg. 24 At t a c h m e n t : A t t a c h m e n t I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) Ncon-OR4,'O 0d OBE,e-R,OiO PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS, in December 2019, an outbreak of respiratory illness due to a novel coronavirus (COVID-19) was first identified in Wuhan City, Hubie Province, China; and WHEREAS, the Center for Disease Control and Prevention (CDC) considers COVID-19 to be a very serious public health threat with outcomes ranging from very mild including some with no reported symptoms)to severe, including illness resulting in death; and WHEREAS, according to the CDC, there is no vaccine to prevent COVID-19 and there is no specific antiviral treatment recommended for COVID-19 at this time; and WHEREAS, on January 30, 2020, the World Health Organization declared a Public Health Emergency of International Concern over the global spread of COVID-19; and WHEREAS, on January 31, 2020, Health and Human Services declared a Public Health Emergency for the United States to aid the nation's healthcare community in responding to COVID-19; and WHEREAS, the California Department of Public Health (CDPH) has activated its Medical and Health Coordination Center, and the Office of Emergency Services recently activated the State Operations Center to provide support and guide actions to preserve public health; and WHEREAS, on March 11, 2020, the World Health Organization characterized COVID-19 as a "pandemic"; and WHEREAS, on March 4, 2020, Governor Newsom proclaimed the existence of a state of emergency; and WHEREAS, on March 12, 2020, Governor Newsom issued Executive Order N-25- 20 regarding COVID-19; and 01247.0001/637377.1 cil. SECTION 7. The Government Code Section 8630 requirement that the Council review of the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency has been waived for the duration of the statewide emergency declared by Governor Newsom. In the event this declaration of local emergency extends for more than the duration of the statewide emergency declared for COVID-19, City Staff are directed to thereafter return this item for Council review of the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency.SECTION 8. This Resolution shall take effect immediately. A copy of the Proclamation and this Resolution shall be forwarded to the San Bernardino County Operational Area for transmission to California Emergency Management Agency.The City Clerk shall certify to the passage and adoption of this resolution.2020-05 CC Reso Page 3 of 4 March 24, 2020 C.3.b Packet Pg. 25 At t a c h m e n t : A t t a c h m e n t I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) WHEREAS, on March 13, 2020, President Trump declared a National State of Emergency in response to increased spread of COVID-19; and WHEREAS, the California Emergency Services Act, Government Code Sections 8558(c) and 8630 authorize the proclamation of a local emergency when conditions of a disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and WHEREAS, pursuant to Government Code Section 8630 such an emergency may be proclaimed by the governing body or by an official designated by ordinance adopted by the governing body; and WHEREAS, Section 2.28.060 of the Grand Terrace Municipal Code empowers the Director of Emergency Services/City Manager to proclaim the existence or threatened existence of a "local emergency" if the City Council is not in session and requires that the City Council act to ratify the proclamation within seven (7) days thereafter; and WHEREAS, The City Manager, as Director of Emergency Services of the City of Grand Terrace, in accordance with the authority provided under the above provisions of state and local law, does hereby find: 1. That the proclamation of a local emergency warranted by virtue of the extreme peril to the safety of persons and property in the City of Grand Terrace caused by epidemic in the form of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus ("COVID-19"), including confirmed cases in the State of California and in San Bernardino County prompting the State of California and the County of San Bernardino to declare a local health emergency; and 2. That the City of Grand Terrace officers and employees take all steps as requested by the Director of Emergency Services/City Manager and in accordance with the guidelines as prescribed by the Federal, State and County governments to prevent the spread of COVID-19 and to prevent or alleviate illness or death due to the virus. 3. That the City Council of the City of Grand Terrace is not in session and cannot immediately be called into session. 4. That this proclamation shall be in effect for a period of seven (7) days by which time it must be ratified by the City Council of the City of Grand Terrace, pursuant to Government Code Section 8630 and Grand Terrace Municipal Code Section 2.28.060. NOW, THEREFORE, IT IS HERBY PROCLAIMED that, based upon the foregoing, a local emergency now exists throughout the City of Grand Terrace; and 01247.0001/637377.1 The City Clerk shall certify to the C.3.b Packet Pg. 26 At t a c h m e n t : A t t a c h m e n t I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) BE IT FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Grand Terrace Emergency Plan. BE IT FURTHER PROCLAIMED AND ORDERED that all City officers and employees take all steps required by the City Manager to qualify the City for reimbursement from the Federal Emergency Management Agency and for other state and federal relief as my be available to reimburse the City for the expenses it incurs in addressing this emergency. Signed this 19th day of March 2020 Time: 5:0o P.M. G. Harol L'' ey Director of mergency Services 01247.0001/637377.1 C.3.b Packet Pg. 27 At t a c h m e n t : A t t a c h m e n t I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF GRAND TERRACE I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2020-05 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, at the regular meeting of said City Council held on the 24th day of March 2020, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Hussey, Robles; Mayor Pro Tem Wilson; Mayor McNaboe NOES: None. ABSENT: None ABSTAIN: None. Executed this 25th day of March 2020, at Grand Terrace, California. e ra L. Thomas_ = ; City Clerk C.3.b Packet Pg. 28 At t a c h m e n t : A t t a c h m e n t I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) C.3.c Packet Pg. 29 At t a c h m e n t : A t t a c h m e n t I I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) C.3.c Packet Pg. 30 At t a c h m e n t : A t t a c h m e n t I I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) C.3.c Packet Pg. 31 At t a c h m e n t : A t t a c h m e n t I I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) AGENDA REPORT MEETING DATE: January 11, 2022 Council & Successor Agency Item TITLE: Adoption of Resolutions Updating the Signature Authority for the City's & Successor Agency's (As Applicable) Bank of America, California Asset Management Program, LAIF, US Bank Safekeeping, Arrowhead Credit Union, MIDAmerica, and Empower Retirement Accounts PRESENTED BY: Terry Shea, Interim Finance Director RECOMMENDATION: Adopt the attached Resolutions updating the Signature Authority for the City’s and Successor Agency’s (as applicable) Bank of America, California Asset Management Program, LAIF, US Bank Safekeeping, Arrowhead Credit Union, MIDAmerica, and Empower Retirement Accounts 2030 VISION STATEMENT: This staff report supports City Council Goal #1 – Ensuring our Fiscal Viability through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations. BACKGROUND: The City must update bank and investment account signature authorizations on file with the various financial institutions that hold City and Successor Agency funds as personnel and organizational changes occur. DISCUSSION: With the recent hiring of the City Manager that was effective January 2022, it is necessary to update the signature authority on all City and Successor Agency accounts (as applicable) with Bank of America, California Asset Management Program, LAIF, US Bank Safekeeping, Arrowhead Credit Union, MIDAmerica, and Empower Retirement. The attached Resolutions update the signature authority for each of the institutions mentioned above for the City and Successor Agency, as applicable. The Resolutions designate the City Manager/Successor Agency Executive Director and the Interim Finance Director/Successor Agency Interim Finance Director as the authorized signers. Staff therefore recommends the adoption of each of the attached Resolutions. C.4 Packet Pg. 32 FISCAL IMPACT: There is no fiscal impact associated with adopting the attached Resolutions. ATTACHMENTS: • Arrowhead Credit Union (DOCX) • Bank of America city Reso (DOC) • Bank of America succ agy Reso (DOC) • CAMP ca asset mgmt reso (DOC) • Empower Retirement (DOC) • LAIF City reso (DOC) • LAIF Succ Agy reso (DOC) • MIDAmerica (DOC) • US Bank safekeeping reso (DOC) APPROVALS: Terry Shea Completed 01/04/2022 2:32 PM Finance Completed 01/04/2022 4:27 PM City Attorney Completed 01/06/2022 3:44 PM City Manager Completed 01/06/2022 4:13 PM City Council Pending 01/11/2022 6:00 PM C.4 Packet Pg. 33 RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE CITY OF GRAND TERRACE’S ARROWHEAD CREDIT UNION ACCOUNTS WHEREAS, the City of Grand Terrace (City) is a municipal corporation established under the laws of the State of California; and WHEREAS, the Arrowhead Credit Union is a not-for-profit financial cooperative established in 1949 and is governed by state credit union laws and regulations. The Arrowhead Credit Union is a cooperative, not-for-profit financial institution organized to promote thrift and provide credit to members; and WHEREAS, the City periodically needs to update its authorized signers with the Arrowhead Credit Union; and WHEREAS, the City Council designates the City Manager and Interim Finance Director as authorized signers on Arrowhead Credit Union accounts; and WHEREAS, authorized signers will have the authority to deposit and withdraw funds with the Arrowhead Credit Union on behalf of the City; and WHEREAS, deposits may only come from and withdrawals may only be made by designated, authorized signers on the account; and WHEREAS, Arrowhead Credit Union requires the City to adopt a corporate resolution and authorization to designate authorized signers on bank accounts; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. All previous resolutions of designated authorized signers with the Arrowhead Credit Union are hereby revoked. Section 2. Authorized account signers on Arrowhead Credit Union accounts are as follows: Position Individual Name City Manager Konrad Bolowich Interim Finance Director Terry Shea C.4.a Packet Pg. 34 At t a c h m e n t : A r r o w h e a d C r e d i t U n i o n [ R e v i s i o n 6 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Section 3. Any one of the individuals named as an authorized signer acting on behalf of the City of Grand Terrace is authorized to initiate transactions and execute documents on behalf of the City. Section 4. Any two of the individuals named as authorized signers acting on behalf of the City of Grand Terrace are authorized to sign checks on behalf of the City. Section 5. Interest payments, withdrawals and matured investments may only be transferred to an account of the City or paid by written demand to the City. Section 6. The City Clerk shall certify to the passage and adoption of this Resolution, and it shall take effect and be in force. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at its regular meeting held on the 11th day of January 2022. ____________________________ Darcy McNaboe Mayor ATTEST: ___________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ___________________________ Adrian Guerra City Attorney C.4.a Packet Pg. 35 At t a c h m e n t : A r r o w h e a d C r e d i t U n i o n [ R e v i s i o n 6 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2022-______ was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 11th day of January, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________ Debra L. Thomas City Clerk C.4.a Packet Pg. 36 At t a c h m e n t : A r r o w h e a d C r e d i t U n i o n [ R e v i s i o n 6 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR CITY OF RAND TERRACE’S BANK OF AMERICA BANK ACCOUNTS WHEREAS, the City of Grand Terrace is a municipal corporation established under the laws of the State of California; and WHEREAS, Bank of America is a federally chartered bank under the laws of the United States; and WHEREAS, the City of Grand Terrace needs to update its signature card(s) periodically with Bank of America due to changes in City staff or changes in staff duties; and WHEREAS, the City Council designates the City Manager and Interim Finance Director as authorized signers on Bank of America bank accounts; and WHEREAS, Bank of America requires the City to adopt a corporate resolution and authorization to designate authorized signers on bank accounts; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. All previous resolutions of designated authorized signers for the City of Grand Terrace with Bank of America are hereby revoked. Section 2. Authorized account signers on Bank of America accounts are as follows: Position Individual Name City Manager Konrad Bolowich Interim Finance Director Terry Shea Section 3. Any one of the individuals named as an authorized signer acting on behalf of the City of Grand Terrace is authorized to execute documents on behalf of the City. Section 4. Any two of the individuals named as authorized signers acting on behalf of the City of Grand Terrace are authorized to sign checks on behalf of the City. Section 5. The City Clerk shall certify to the adoption of this resolution. C.4.b Packet Pg. 37 At t a c h m e n t : B a n k o f A m e r i c a c i t y R e s o [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at its regular meeting held on the 11th day of January 2022. ____________________________ Darcy McNaboe Mayor ATTEST: ___________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ___________________________ Adrian Guerra City Attorney C.4.b Packet Pg. 38 At t a c h m e n t : B a n k o f A m e r i c a c i t y R e s o [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2022- was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace on the 11th day of January, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________ ____ Debra Thomas City Clerk C.4.b Packet Pg. 39 At t a c h m e n t : B a n k o f A m e r i c a c i t y R e s o [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2022- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY FOR THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING SIGNERS FOR THE BANK OF AMERICA BANK ACCOUNT FOR THE SUCCESSOR AGENCY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY WHEREAS, the Successor Agency of the Grand Terrace Community Redevelopment Agency (“Successor Agency”) is a public agency established under the laws of the State of California; and WHEREAS, Bank of America is a federally chartered bank under the laws of the United States; and WHEREAS, the Board of Directors of the Successor Agency desires to establish a separate bank account for funds of the Successor Agency of the Grand Terrace Community Redevelopment Agency; and WHEREAS, the Board of Directors of the Successor Agency designates the Agency Executive Director and Agency Interim Finance Director as authorized signers on the Bank of America bank accounts; and WHEREAS, Bank of America requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Successor Agency for the Grand Terrace Community Redevelopment Agency, as follows: Section 1. All previous resolutions of designated authorized signers with Bank of America are hereby revoked. Section 2. Authorized account signers on Bank of America accounts are as follows: Position Individual Name Agency Executive Director Konrad Bolowich Agency Interim Finance Director Terry Shea Section 3. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Successor Agency. C.4.c Packet Pg. 40 At t a c h m e n t : B a n k o f A m e r i c a s u c c a g y R e s o [ R e v i s i o n 5 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Section 4. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Successor Agency. Section 5. The Agency Secretary shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Successor Agency for the Grand Terrace Community Redevelopment Agency, at its regular meeting held on the 11th day of January 2022. ____________________________ Darcy McNaboe Chair of the Board of Directors of the Successor Agency ATTEST: ___________________________ Debra L. Thomas Agency Secretary APPROVED AS TO FORM: ___________________________ Adrian Guerra Agency Counsel C.4.c Packet Pg. 41 At t a c h m e n t : B a n k o f A m e r i c a s u c c a g y R e s o [ R e v i s i o n 5 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) I, Debra Thomas, Agency Secretary, do hereby certify that Resolution No. 2021- was introduced and adopted at a regular meeting of the Board of Directors of the Successor Agency of the Grand Terrace Community Redevelopment Agency, on the 11th day of January 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Debra Thomas Agency Secretary C.4.c Packet Pg. 42 At t a c h m e n t : B a n k o f A m e r i c a s u c c a g y R e s o [ R e v i s i o n 5 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE CALIFORNIA ASSET MANAGEMENT PROGRAM WHEREAS, the City of Grand Terrace is a municipal corporation established under the laws of the State of California; and WHEREAS, the California Asset Management Trust was established pursuant to and in accordance with Joint Powers Exercise of Powers Act, by a Declaration of Trust, made as of December 15, 1989 and as subsequently amended, as a vehicle for public agencies to jointly exercise their common power to invest bond proceeds and other funds; and WHEREAS, the California Asset Management Program is an authorized investment under the investment policy of the City and under Government Code Section 53600; and WHEREAS, the City of Grand Terrace periodically needs to update its authorized signers with the California Asset Management Program; and WHEREAS, authorized signers will have the authority to deposit and withdraw funds with the California Asset Management Program on behalf of the City; and WHEREAS, deposits and withdrawals may only come from designated, authorized City operating and City investment accounts; and WHEREAS, California Asset Management Program requires the City to adopt a resolution to change authorized signers on the account; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. All previous resolutions of designated authorized signers with the California Asset Management Program are hereby revoked. Section 2. Authorized signers on the California Asset Management Program account are as follows: Position Individual Name City Manager Konrad Bolowich Interim Finance Director Terry Shea Page 2 C.4.d Packet Pg. 43 At t a c h m e n t : C A M P c a a s s e t m g m t r e s o [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Section 3. Any one of the named individuals is authorized to sign on behalf of the City of Grand Terrace and is authorized to execute documents on behalf of the City. Section 4. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at its regular meeting held on the 11th day of January 2022. ____________________________ Darcy McNaboe Mayor ATTEST: ___________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ___________________________ Adrian Guerra City Attorney C.4.d Packet Pg. 44 At t a c h m e n t : C A M P c a a s s e t m g m t r e s o [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2022- was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 11th day of January, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Debra Thomas, City Clerk C.4.d Packet Pg. 45 At t a c h m e n t : C A M P c a a s s e t m g m t r e s o [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE CITY OF GRAND TERRACE DEFERRED COMPENSATION PLAN WITH EMPOWER RETIREMENT WHEREAS, the City of Grand Terrace is a municipal corporation established under the laws of the State of California; and WHEREAS, Empower Retirement is a retirement services provider in the United States; and WHEREAS, the City of Grand Terrace needs to update its deposit agreement and signature card with Empower Retirement; and WHEREAS, the City designates the City Manager and Interim Finance Director as authorized signers on the City of Grand Terrace Deferred Comp Plan with Empower Retirement; and WHEREAS Empower Retirement requires the City to adopt a corporate resolution and authorization to designate authorized signers for the City’s Deferred Compensation Plan on behalf of its plan participants; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. All previous resolutions of designated authorized signers with Empower Retirement are hereby revoked. Section 2. Authorized signers on EMPOWER Retirement accounts are as follows: Position Individual Name City Manager Konrad Bolowich Interim Finance Director Terry Shea Section 3. Any one of the individuals named as authorized signers acting on behalf of the City of Grand Terrace is authorized to execute documents on behalf of the City. . C.4.e Packet Pg. 46 At t a c h m e n t : E m p o w e r R e t i r e m e n t [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Section 4. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at its regular meeting held on the 11th day of January 2022. ____________________________ Darcy McNaboe Mayor ATTEST: ___________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ___________________________ Adrian Guerra City Attorney C.4.e Packet Pg. 47 At t a c h m e n t : E m p o w e r R e t i r e m e n t [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2022- was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace, on the 11th day of January, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Debra Thomas City Clerk C.4.e Packet Pg. 48 At t a c h m e n t : E m p o w e r R e t i r e m e n t [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE LOCAL AGENCY INVESTMENT FUND WHEREAS, the City of Grand Terrace (City) is a municipal corporation established under the laws of the State of California; and WHEREAS, the Local Agency Investment Fund was established by Chapter 730, Statutes of 1976. This fund enables local government agencies or trustees to remit surplus funds, not needed for immediate expenditures, to the State Treasurer for the purpose of investment on behalf of the agency. The State Treasurer will invest such funds as part of a pooled money investment account in order to derive the maximum rate of return possible; and WHEREAS, the Local Agency Investment Fund is an authorized investment under the investment policy of the City and under Government Code Section 53600; and WHEREAS, the City periodically needs to update its authorized signers with the Local Agency Investment Fund; and WHEREAS, authorized signers will have the authority to deposit and withdraw funds with the Local Agency Investment Fund on behalf of the City; and WHEREAS, deposits may only come from and withdrawals may only be made to designated, authorized signers on the account. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. All previous resolutions of designated authorized signers with the Local Agency Investment Fund are hereby revoked. Section 2. The following officers or their successors in office shall be authorized signers on the Local Agency Investment Fund account: Position Individual Name City Manager Konrad Bolowich Interim Finance Director Terry Shea C.4.f Packet Pg. 49 At t a c h m e n t : L A I F C i t y r e s o [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Page 2 Section 3. One of the individuals named as an authorized signer acting on behalf of the City is authorized to initiate transactions and execute documents on behalf of the City. Section 4. Interest payments, withdrawals and matured investments may only be transferred to an account of the City or paid by written demand to the City. Section 5. The City Clerk shall certify to the passage and adoption of this Resolution, and it shall take effect and be in force. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at its regular meeting held on the 11th day of January 2022. ____________________________ Darcy McNaboe Mayor ATTEST: ___________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ___________________________ Adrian Guerra City Attorney C.4.f Packet Pg. 50 At t a c h m e n t : L A I F C i t y r e s o [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2022- was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 11th day of January, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Debra Thomas City Clerk C.4.f Packet Pg. 51 At t a c h m e n t : L A I F C i t y r e s o [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2022- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY FOR THE CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING SIGNERS FOR THE LOCAL AGENCY INVESTMENT FUND WHEREAS, the Successor Agency of the Grand Terrace Community Redevelopment Agency is a public agency established under the laws of the State of California; and WHEREAS, the Local Agency Investment Fund was established by Chapter 730, Statutes of 1976. This fund enables local government agencies or trustees to remit surplus funds, not needed for immediate expenditures, to the State Treasurer for the purpose of investment on behalf of the agency. The State Treasurer will invest such funds as part of a pooled money investment account in order to derive the maximum rate of return possible; and WHEREAS, the Local Agency Investment Fund is an authorized investment under the investment policy of the City and under Government Code Section 53600; and WHEREAS, on January 30, 2012, the City Council elected, by Resolution 2012- 08, to authorize the Successor Agency to the former Grand Terrace Community Redevelopment Agency (Successor Agency), to invest in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code and approved a list of authorized signers to the account; and WHEREAS, the Successor Agency periodically needs to update its authorized signers with the Local Agency Investment Fund; and WHEREAS, authorized signers will have the authority to deposit and withdraw funds with the Local Agency Investment Fund on behalf of the Successor Agency; and WHEREAS, deposits may only come from and withdrawals may only be made to designated, authorized signers on the account. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Successor Agency for the Grand Terrace Community Redevelopment Agency, as follows: Section 1. All previous resolutions of designated authorized signers with the Local Agency Investment Fund are hereby revoked. Section 2. The following officers or their successors in office shall be authorized signers on the Local Agency Investment Fund account: C.4.g Packet Pg. 52 At t a c h m e n t : L A I F S u c c A g y r e s o [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Position Individual Name Agency Executive Director Konrad Bolowich Agency Interim Finance Director Terry Shea Section 3. One of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to initiate transactions and execute documents on behalf of the Successor Agency. Section 4. Interest payments, withdrawals and matured investments may only be transferred to an account of the Successor Agency or paid by written demand to the Successor Agency. Section 5. The Agency Secretary shall certify to the passage and adoption of this Resolution, and it shall take effect and be in force. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Successor Agency for the Grand Terrace Community Redevelopment Agency, at its regular meeting held on the 11th day of January 2022. ____________________________ Darcy McNaboe Chair of the Board of the Directors of the Successor Agency ATTEST: ___________________________ Debra L. Thomas Agency Secretary APPROVED AS TO FORM: ___________________________ Adrian Guerra Agency Counsel C.4.g Packet Pg. 53 At t a c h m e n t : L A I F S u c c A g y r e s o [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) I, Debra Thomas, Agency Secretary to the Successor Agency, do hereby certify that Resolution No. 2022- was introduced and adopted at a regular meeting of the Board of Directors of the Successor Agency held on the 11th day of January, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Debra Thomas Agency Secretary C.4.g Packet Pg. 54 At t a c h m e n t : L A I F S u c c A g y r e s o [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE CITY OF GRAND TERRACE ACCOUNTS WITH MIDAMERICA ADMINISTRATIVE AND RETIREMENT SOLUTIONS WHEREAS, the City of Grand Terrace is a municipal corporation established under the laws of the State of California; and WHEREAS, MIDAMERICA is a retirement plan provider for seasonal, part-time, and temporary employees that replaces Social Security; and WHEREAS, the City of Grand Terrace needs to update its deposit agreement and signature card with MIDAMERICA; and WHEREAS, the City designates the City Manager and Interim Finance Director as authorized signers for Empower Retirement; and WHEREAS, MIDAMERICA requires the City to adopt a corporate resolution and authorization to designate authorized signers on the City’s retirement account on behalf of its plan participants; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. All previous resolutions of designated authorized signers with Empower Retirement are hereby revoked. Section 2. Authorized signers on MIDAMERICA Admin and Retirement accounts are as follows: Position Individual Name City Manager Konrad Bolowich Interim Finance Director Terry Shea Section 3. Any one of the individuals named as authorized signers acting on behalf of the City of Grand Terrace is authorized to execute documents on behalf of the City. . C.4.h Packet Pg. 55 At t a c h m e n t : M I D A m e r i c a [ R e v i s i o n 3 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Page 2 Section 4. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at its regular meeting held on the 11th day of January 2022. ____________________________ Darcy McNaboe Mayor ATTEST: ___________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ___________________________ Adrian Guerra City Attorney C.4.h Packet Pg. 56 At t a c h m e n t : M I D A m e r i c a [ R e v i s i o n 3 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2022- was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace, on the 11th day of January, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Debra Thomas City Clerk C.4.h Packet Pg. 57 At t a c h m e n t : M I D A m e r i c a [ R e v i s i o n 3 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR CITY OF GRAND TERRACE’S US BANK, SAFEKEEPING ACCOUNT WHEREAS, the City of Grand Terrace is a municipal corporation established under the laws of the State of California; and WHEREAS, the US Bank is a federally chartered bank under the laws of the United States; and WHEREAS, the City of Grand Terrace needs to update its deposit agreement, signature card or notice of incumbency with US Bank; and WHEREAS, the City designates the City Manager and Interim Finance Director as authorized signers on the US Bank Safekeeping bank account; and WHEREAS US Bank requires the City to adopt a corporate resolution and Authorization to designate authorized signers on such accounts; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. All previous resolutions of designated authorized signers with US Bank are hereby revoked. Section 2. Authorized signers on US Bank accounts are as follows:: Position Individual Name City Manager Konrad Bolowich Interim Finance Director Terry Shea Section 3. Any one of the individuals named as authorized signers acting on behalf of the City of Grand Terrace is authorized to execute documents on behalf of the City. Section 4. Authorized investment held in US Bank Safekeeping account must be invested in accordance with permitted investments in California Government Code Sections 53601 and 53635. Section 5. The City Clerk shall certify to the adoption of this resolution. C.4.i Packet Pg. 58 At t a c h m e n t : U S B a n k s a f e k e e p i n g r e s o [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at its regular meeting held on the 11th day of January 2022. ____________________________ Darcy McNaboe Mayor ATTEST: ___________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ___________________________ Adrian Guerra City Attorney C.4.i Packet Pg. 59 At t a c h m e n t : U S B a n k s a f e k e e p i n g r e s o [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2022- was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace, on the 11th day of January, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Debra Thomas City Clerk C.4.i Packet Pg. 60 At t a c h m e n t : U S B a n k s a f e k e e p i n g r e s o [ R e v i s i o n 4 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) AGENDA REPORT MEETING DATE: January 11, 2022 Council Item TITLE: Independent Contractor Agreement for Fiscal Year 2021- 2022 with Family Services Association for the Administration and Provision of a “Senior Congregate and Mobile Meal Program” and “Senior Center Coordinator” Services PRESENTED BY: Shanita Tillman, RECOMMENDATION: 1. Approve the Independent Contractor Agreement for Fiscal Year 2021-2022 with Family Services Association (“FSA”) for the administration and provision of a “Senior Congregate and Mobile Meal Program” and ““Senior Center Coordinator” services at the Senior Center as described therein, in a total contract sum not to exceed $49,329. 2. Authorize the City Manager to execute the Agreement subject to the City Attorney’s approval as to form. 2030 VISION STATEMENT: This staff report supports our Goal #1 – Ensure our Fiscal Viability by committing to a balanced budget and Goal #4 – Develop and Implement Successful Partnerships by working collaboratively with community groups to facilitate the delivery of services benefitting our seniors. BACKGROUND: On February 14, 2017, City Council authorized staff to submit the City’s FY2017-18 Community Development Block Grant (CDBG) funding recommendations to the County of San Bernardino Economic Development Agency. Included in the recommendations was the establishment of a paid position at the Senior Center. On March 11, 2021, Steven Weiss, the City’s former Planning and Development Services Director, signed the Cooperating City Recommended Projects Form in which the County of San Bernardino Community Development and Housing Department allocated the funding of the following projects: Project Title Applicant’s Requested Amount Allocated Amount Grand Terrace: FSA- Senior Meals $10,000 $10,000 Grand Terrace: Senior Center Coordinator Services $50,000 $39,329 C.5 Packet Pg. 61 Total: $60,000 $49,329 Subsequently, the County allocated $49,329 for the part-time position and senior meals at the Senior Center. DISCUSSION: CDBG PROCESS The City’s competitive bidding does not apply during this process because the County only provides the City with the information of the applicants that have applied for the grant funding and it is up to the City, through Council action, whether to accept the applicants’ services. The County issues their Notice of Funding Availability and opens their application portal typically in October and the deadline to submit the applications are in December. The County then sends eligible application summaries to the City and by February that list is to be presented to Council for approval or denial of the applicants and appropriated funds. Due to the COVID-19 pandemic, this process was slightly altered as the designated Council Meeting did not take place. SENIOR CENTER On September 22, 2005, the City entered into a Ground Lease Agreement with the Corporation for Better Housing (CBH) for the development and operation of the Senior Housing Units and Senior Community Center. Section 7 (Utilities and Taxes) on page 13 of the Ground Lease Agreement states that CBH is responsible for all utility and related costs for the Housing Units while the City is responsible for all utility and related costs for the Senior Community Center. As such, included in the City’s annual General Fund budget, is an allocation that covers utility and related costs for the Senior Community Center. The table below provides the FY2021-22 adopted budget amount for utility and related costs at the Senior Community Center: Account No. Description 2021-22 Adopted Budget 10-805-220-000 Materials & Supplies $4,620 10-805-250-000 Professional/Contractual Services $3,500 10-805-238-000 Utilities $23,000 TOTAL $31,120 FAMILY SERVICE ASSOCIATION- SENIOR CENTER COORDINATOR The Senior Center has been operating since 1986 and has an active population of 160 seniors, primarily Grand Terrace residents, providing a full spectrum of services. These C.5 Packet Pg. 62 services support activities for the social interaction and health of the local senior citizen population. The Senior Community Center programs and activities have historically been managed by volunteer seniors, which cannot be sustained. The Senior Center has had the same Senior Center Coordinator since 2017 when the position was originally filled. The County has allocated $39,329 to fund the part-time coordinator position. FAMILY SERVICE ASSOCIATION- SENIOR MEALS Currently, Family Service Association (FSA), a non-profit organization, since 2006, has been managing the Senior Nutrition Program and has been serving lunch to Grand Terrace seniors center daily, Monday through Friday and delivers meals to homebound seniors weekly. Funding for the Senior Nutrition Program is provided through one of the City’s CDBG Grants ($10,000, as shown above) and through donations from the seniors (approximately $6,500) at the peak of the program. Staff learned that FSA not only focuses on meal provision or nutrition outcomes, but also on how to maintain the health and functionality of older adults in senior communities by creating a safe and healthy environment in their lives. Staff also learned that FSA has and currently manages several Senior and Community Centers throughout the Inland Empire. Due to Covid, senior meals are issued by the Senior Center Coordinator through the kitchen once a week to cover the entire week Staff also recommends that City Council authorize the City Manager to execute a contract between the City and FSA for these services. FISCAL IMPACT: The Senior Center’s current General Fund FY2021-22 adopted budget of $31,120 as agreed to with CBH in the Ground Lease Agreement is shown in the table below. Fund Title Account No. Description 2021-22 Adopted Budget 10 (Gen. Fund) Senior Citizens Prgm 10-805-220 Materials & Supplies $4,600 10 (Gen. Fund) Senior Citizens Prgm 10-805-250 Professional / Cont. Services $3,500 10 (Gen. Fund) Senior Citizens Prgm 10-805-238 Utilities $23,000 TOTAL $31,120 C.5 Packet Pg. 63 The above FY2021-22 Adopted General Fund budget does not include the following: • $39,329 CDBG grant funds for the paid position at the Senior Center. • $10,000 CDBG grant funds for the Senior Nutrition Program; and • $ 6,500 revenues collected from seniors to support the Senior Nutrition Program. ATTACHMENTS: • Grand Terrace-2021-22 All City Elig-List (PDF) • FSA 2021-22 Independent Contractor Agreement -Sr Coord (DOCX) • Grand Terrace CDBG food cost July-September 2021 (XLSX) • Grand Terrace Senior Coordinator Cost July-November 2021 (XLSX) APPROVALS: Shanita Tillman Completed 12/29/2021 5:06 PM Eric Weck Completed 12/30/2021 8:15 AM Finance Completed 01/04/2022 8:55 AM City Attorney Completed 01/06/2022 10:10 AM City Manager Completed 01/06/2022 4:11 PM City Council Pending 01/11/2022 6:00 PM C.5 Packet Pg. 64 C.5.a Packet Pg. 65 At t a c h m e n t : G r a n d T e r r a c e - 2 0 2 1 - 2 2 A l l C i t y E l i g - L i s t ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r A c t i v i t y & 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INDEPENDENT CONTRACTOR AGREEMENT FOR FISCAL YEAR 2021-2022 THIS AGREEMENT is made and entered into as of this 11 day of January 2022, by and between the City of Grand Terrace, a municipal corporation (hereinafter “City”) and Family Services Association (hereinafter “FSA”), a California non-profit Corporation. RECITALS WHEREAS, City participates in the federally funded Community Development Block Grant (CDBG) program as a cooperative city in the County Consortium, and receives annual CDBG funding through the County of San Bernardino, hereinafter referred to as County. WHEREAS, the City submitted an application for CDBG funds for fiscal year 2021-2022 to fund a Senior Center Coordinator provided by FSA to meet the City's goal to allow seniors to have a safe and healthy place to continue to be nourished and stay active within their community. The position(s) would be responsible for the daily operation of the Center, including opening and closing the Center, scheduling of classes, educational counseling, coordinating with the Senior transportation bus driver, coordinating with vendors for programs, and also working with the senior board members. WHEREAS, FSA and the City entered into an agreement, approved by the City Council on June 27, 2017, for FSA to provide the Senior Services Coordinator. WHEREAS, FSA has expressed an interest in providing a senior nutrition meal program for low-and-moderate income seniors in the City of Grand Terrace. WHEREAS, FSA desires to participate in the CDBG program and represents to City that it is qualified by reason of experience, preparation, organization, staffing, and facilities to provide a senior nutrition meal program. WHEREAS, MAY 4, 2021, the County Board of Supervisors approved the 2021-22, Action Plan; and, as part of that plan allocated THIRTY NINE THOUSAND THREE HUNDRED AND TWENTY NINE DOLLARS ($39,329) in CDBG funds to the City to fund a senior services employee to staff the Grand Terrace Senior Center and TEN THOUSAND DOLLARS ($10,000.00) for the administration and provision of a “Senior Congregate and Mobile Meal Program”, in accordance with Exhibits “A and B” incorporated herein. C.5.b Packet Pg. 66 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, on October 20, 2021 the City agreed to accept, but has not yet received, Community Development Block Grant funding from the County of San Bernardino (“County”) in the amount of FORTY NINE THOUSAND THREE HUNDRED AND TWENTY NINE DOLLARS ($49,329) for the purpose of contracting with FSA for the time period of July 1, 2021 to June 30, 2022 and for the provision of a “Senior Center Coordinator” and “Senior Congregate and Mobile Meal Program”, in accordance with Exhibits “A” and “B”, incorporated herein. WHEREAS, FSA has been performing the services described in Exhibit “A” and “B” between July 1, 2021, and January 11, 2022, in the amount of $13,890.52. WHEREAS, FSA will complete performance of the services described in Exhibits “A” and “B”, which is incorporated herein by this Agreement, for the time period of July 1, 2021 to June 30, 2022. WHEREAS, in order for the City to receive reimbursement in the amount of FORTY NINE THOUSAND THREE HUNDRED AND TWENTY NINE DOLLARS ($49,329) of CDBG funds, as described above, from the County of San Bernardino, the County requires City to submit an Agreement between the City and FSA to the County. WHEREAS, the parties enter into this agreement to allow City to comply with the County’s CDBG funding requirements. NOW THEREFORE, in consideration of the mutual promises contained herein, the City of Grand Terrace and FSA hereby agree as follows: AGREEMENT Section 1: Services. A. With respect to services performed in accordance with Exhibit “A” and “B” (including all staffing costs, mileage, equipment, for FSA to administer and provide the “Senior Congregate and Mobile Meal Program” and to provide “Senior Center Coordinator” services), incorporated herein, (“Services”) and rendered from July 1, 2021, to January 11, 2022, City agrees to pay $13,890.52 to FSA, provided that FSA complies with all the requirements of this Agreement, including, but not limited to, this Section 1. By accepting payment from City pursuant to this Section 1(B), (1) FSA represents and warrants that all Services rendered between July 1, 2022, and January 11, 2022, have been rendered in compliance with this Agreement and (2) FSA hereby releases and forever discharges City and its elected and appointed C.5.b Packet Pg. 67 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 officials, officers, employees and agents from any and all claims, demands, actions, causes of action, obligations, costs, expenses, penalties, interest, attorneys’ fees, damages, losses and liabilities of whatsoever nature, character or kind, whether known or unknown, suspected or unsuspected, matured or contingent, which are or could have been the attributed to the Services performed by FSA between July 1, 2021, and January 11, 2022, including, but not limited to, any claim by FSA against City for payment for such Services performed between July 1, 2021, and January 11, 2022,. B. For Services performed by FSA after January 11, 2022, and subject to any limitations set forth in this Agreement, City agrees to pay FSA for Services in an amount not to exceed $35,438.48. C. For all Services performed by FSA pursuant to this Agreement from July 1, 2022, to January 11, 2022, and Services performed from January 11, 2022, to June 30, 2022, City and FSA mutually agree that payment of FSA for performance of the Services shall be in the maximum amount of FORTY NINE THOUSAND THREE HUNDRED AND TWENTY NINE DOLLARS ($49,329) in Community Development Block Grant (“CDBG”) funds reimbursed to the City from the County related to the Services as described by Exhibit “A” and “B”, incorporated herein. D. Prior to City’s payment to FSA for any Services performed by FSA for which FSA is seeking payment, FSA shall deliver receipts for all eligible expenditures to the City. Expenditure reports shall be documented with "audit ready" supportive evidence of each expenditure and proof of payment. Payments shall be limited to the total approved, properly documented expenditures. All payment requests must be submitted no later than 30 days after the expiration of this Agreement. Requests received after said 30-day period shall be considered non-compliant and not eligible for payment under the terms of this Agreement. FSA shall submit a final request for payment for the program year no later than July 31, 2022. Any balance remaining on this project after that date will be reprogrammed E. FSA shall further submit to the City a completed County of San Bernardino Department of Economic and Community Development Monthly Program Progress and Direct Benefit Report and a completed Beneficiary Qualification Statement, attached herein as Exhibit C reflecting program activity for the term wherein Services were performed. C.5.b Packet Pg. 68 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 2. Independent Contractor. It is the express intention and understanding of the parties hereto that FSA will act as an independent contractor and not an employee or agent of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing a relationship of employer or employee between FSA and City. Both parties acknowledge that FSA is not an employee for State tax, Federal tax, or any other purpose. Section 3. Term. Unless earlier terminated in accordance with this Agreement, the term of this Agreement shall commence January 11, 2022 and ending June 30, 2022. Section 4. Termination. City shall have the right to terminate this Agreement, with or without cause, upon twenty (20) days prior written notice to FSA. City shall have no liability for any claims or damages resulting to FSA as a result of any exercise by City of its right to terminate this Agreement. Section 5. Compliance with Laws and Regulations. FSA shall comply with all applicable federal, state and local laws, regulations and ordinances. By executing this Agreement, FSA hereby certifies that it will adhere to and comply with the following as they may be applicable to a subrecipient of funds granted pursuant to the Housing and Community Development Act of 1974, as amended (the “Act”): A. The Housing and Community Development Act of 1974, as amended, and the regulations issued thereto; B. Section 3 of the Housing and Urban Development Act of 1968, as amended; C. Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations at 41 CFR Chapter 60; D. Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; E. Section 504 of the Rehabilitation Act of 1973 (PL 93-112), as amended, and implementing regulations; F. The Age Discrimination Act of 1975 (PL 94-135), as amended, and implementing regulations; C.5.b Packet Pg. 69 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 G. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; H. The labor standard requirements as set forth in 24 CFR Part 570, Subpart K and I-IUD regulations issued to implement such requirements; I. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution; J. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93-234); K. The regulations, policies, guidelines and requirements of 24 CFR Part 85 “Common Rule,” OMB Circular Nos. A-87, A-21, A-110, A-122 and A-133 as they relate to the acceptance and use of federal funds under the federally-assigned program; L. Title VI of the Civil Rights Act of 1964 (PL 88-352) and implementing regulations issued at 24 CFR Part I; M. Title VIII of the Civil Rights Act of 1968 (PL-90-284) as amended; and N. The lead based paint requirements of 24 CFR Part 35 issued pursuant to the Lead-based Paint Poisoning Prevention Act (42 USC 4801, et seq.); O. Uniform Administration Requirements pursuant to 24 CFR 570.502. P. The FSA shall carry out its activity pursuant to this Agreement in compliance with all federal laws and regulations described in Subpart K of Title 24 of the Code of Federal Regulations, except that: 1. FSA does not assume the City’s or County’s environmental responsibilities described at §570.604; and 2. FSA does not assume the City’s or County’s responsibility for initiating the review process under the provisions of 24 CFR Pmt 52. Q. All Uniform Administrative Requirements pursuant to 24 CFR 570.502. Section 6. Federal Requirements. FSA shall comply with the provisions of the Act and any amendments thereto and the federal regulations and guidelines C.5.b Packet Pg. 70 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 now or hereafter enacted pursuant to the Act. More particularly, FSA is to comply with those regulations found in 24 CFR 570, Part 84 and Part 85. FSA is to comply with OMB Circular Nos. A-110, A-87. A-122, and A-133 as applicable, as they relate to the acceptance and use of federal funds under this Agreement. Section 7. Program Income. FSA, who is a subrecipient as defined in Section 570.500 (c), shall not retain any program income as defined in Section 570.500 of Title 24 of the Federal Code of Regulations. Section 8. Insurance. Without limiting or diminishing FSA’S obligations to defend, indemnify, or hold the City harmless, FSA shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of the Agreement. A. Workers’ Compensation: If FSA has employees as defined by the State of California, FSA shall maintain statutory Workers’ Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of THE CITY OF GRAND TERRACE and the GRAND TERRACE SENIOR CENTER. C.5.b Packet Pg. 71 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 B. Commercial General Liability: Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of FSA’S performance of its obligation hereunder. Policy shall name the CITY OF GRAND TERRACE, GRAND TERRACE SENIOR CENTER, their respective Agencies, Districts, Special Districts, and Department, their respective directors, officers, employees, elected or appointed officials, agents or representatives as Additional Insureds. Policy’s limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. C. Vehicle Liability: If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then FSA shall maintain liability insurance for all owned, non-owned or hired vehicles so use in any amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the CITY OF GRAND TERRACE, GRAND TERRACE SENIOR CENTER, their respective Agencies, Districts, Special Districts, and Departments, their respective directors, officers, employees, elected or appointed officials, agents or representatives as Additional Insureds. D. General Insurance Provisions – All Lines: 1. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have a A M BEST rating of not less than A: VIII (A:S) unless such requirements are waived, in writing, by the City Attorney. If the City Attorney waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. 2. FSA shall cause FSA’S insurance carrier(s) to furnish the City with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the C.5.b Packet Pg. 72 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 City, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carriers(s) that thirty (30) days written notice shall be given to the City prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. FSA shall not commence operations until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. 3. If, during the term of this Agreement or any extension thereof, there is a material change in the Services; or, there is a material change in the equipment to be used in the performance of the Services which will add additional exposures (such as the use of) aircraft, watercraft, cranes, etc.); or, the term of this Agreement, including any extensions thereof, exceeds five (5) years the City reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage’s currently required herein, if; in the City Attorney’s reasonable judgment, the amount or type of insurance carried by the sponsor has become inadequate. 4. FSA shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. 5. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the City. C.5.b Packet Pg. 73 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6. FSA agrees to notify City of any claim by a third party of any incident or event that may give rise to claim arising from the performance of this Agreement. Section 9. HUD Indemnity. FSA shall defend, indemnify, and hold harmless the County of San Bernardino and City, their respective elected and appointed officials, officers, employees and agents against any liability, claims, losses, demands, and actions incurred by the County of San Bernardino and City as a result of the determination by HUD or its successor that activities undertaken by FSA under the program(s) (including, but not limited to, FSA’s performance of any Services prior to or after the date of this Agreement) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to FSA under this Agreement were improperly expended. This indemnity shall survive and extend beyond the term or termination of this Agreement. Section 10. Indemnity. FSA shall defend, indemnify, and hold harmless the County of San Bernardino and the City, their respective elected and appointed officials, officers, employees and agents from and against any and all actions, damages, losses, causes of action and liability imposed or claimed relating to the injury or death of any person or damage to any property, including attorney’s fees, costs, and other legal expenses, arising directly or indirectly from any act or omission of FSA in performing Services hereunder (including, but not limited to, FSA’s performance of Services prior to or after the date of this Agreement). This indemnity shall survive and extend beyond the term or termination of this Agreement. Section 11. Prohibition Against Conflicts of Interest. A. FSA and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611, by this reference incorporated herein. B. FSA understands and agrees that no waiver or exception can be granted to the prohibition against conflict of interest except upon written approval HUD pursuant to 24 CFR 570.611(d). Any request by FSA for any exception shall first be reviewed by City to determine whether such request is appropriate for submission to HUD. C.5.b Packet Pg. 74 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C. Prior to any funding under this Agreement, FSA shall provide City with a list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision-making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. FSA shall also promptly disclose to City any potential conflict, including even the appearance of conflict, that may arise with respect to the CDBG activities funded under this agreement. D. Any violation of this section shall be deemed a breach of this Agreement and shall be ground for immediate termination by the City. Section 12. Religious Activities. Under federal regulations, CDBG assistance may not be used for inherently religious activities or provided to primarily religious entities for any activities including secular activities. FSA shall adhere to the restrictions set forth in 24 CFR 570.200(j), by this reference is incorporated herein. Section 13. Lobbying. FSA certifies to the best of it knowledge and belief, that: A. No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer to employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with it instructions. C. The undersigned shall require that the language of this certification be included in the award document for all subawards at all tier (including subcontracts, subgrants, and contracts under grants, loans, and C.5.b Packet Pg. 75 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Section 14. Entire Agreement/Modification. This Agreement represents the entire Agreement of the parties hereto as to the matters contained herein. Any modification of this Agreement will be effective only if it is in writing and signed by the parties hereto. Section 15. Assignment. This Agreement shall not be assigned without the prior written consent of City. Any assignment, or attempted assignment, without such prior consent, shall be null and void and, at the option of City, result in the immediate termination of this Agreement. Section 16. Attorney’s Fees and Governing Law. In the event any action is commenced to enforce or interpret the terms or conditions of the Agreement the prevailing party shall, in addition to any costs or other relief, be entitled to recover its reasonable attorney’s fees. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposed of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. Section 17. Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction. Section 18. Program Reporting. FSA agrees to prepare and submit financial, program progress, and other reports as required by HUD or the County of San Bernardino and/or City accounts as are considered necessary by HUD or the County of San Bernardino and/or City to assure proper accounting for all Contract funds. All FSA records, with the exception of confidential client information, shall be made available to representatives of the County of San Bernardino and/or City C.5.b Packet Pg. 76 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and the appropriate federal agencies. FSA is required to submit data necessary to complete the Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated by the City’s Community Development Director or his/her designee. By the 30th of each month, FSA shall submit a completed “Monthly Program Progress Report.” FSA shall also provide the Monthly Direct Benefit Report and Beneficiary Qualification Statement information included as Exhibit “C”, as necessary for completion of the Annual Grantee Performance Report. Section 19. Applicability of Agreement. In consideration of the intent of the parties to memorialize the parties understanding of the terms of their agreement, all uses of the present tense shall be interpreted to apply to the term of the Agreement. With the exceptions of Sections 9, 10, 11, and any other section of this Agreement expressly stating otherwise, which obligations shall not terminate, the terms and conditions of this Agreement shall only apply during the term of this Agreement. Section 20. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. Section 21. Severability. Each section and provision of this Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect. Section 22. Counterparts. This Agreement may be signed by the different parties hereto in counterparts, each of which shall be an original but all of which together shall constitute one and the same agreement. C.5.b Packet Pg. 77 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY OF GRAND TERRACE Konrad Bolowich Date City Manager FAMILY SERVICES ASSOCIATION Judith Wood, Date President & CEO APPROVED AS TO FORM: Adrian R. Guerra City Attorney ATTEST: Debra L. Thomas City Clerk C.5.b Packet Pg. 78 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT A SENIOR CONGREGATE AND MOBILE MEAL PROGRAM SERVICES: For program year 2021-2022 the City of Grand Terrace will contract with Family Services Association (FSA) to provide, Senior Congregate and Mobile Meal Program and a Senior Services Coordinator. The Senior Congregate and Mobile Meal Program will serve congregate meals, to low-and moderate-income seniors and home delivered meals to seniors who are homebound by reason of illness, incapacity, disability, and lack of transportation, residing in the City of Grand Terrace. Approximately 145 seniors will have increase access to nutritional meals programs. The Senior Services Coordinator will manage the Senior programs at the Grand Terrace Senior Center, which include, but are not limited to: social activities, educational classes, exercise classes, arts & crafts classes, health insurance counseling, home energy assistance, fresh produce program, health screenings, game nights, karaoke and transportation. The Senior Services Coordinator will serve approximately 175 low-and moderate- income seniors in the City of Grand Terrace. UNITS OF SERVICE: Units of Service shall be reported on Monthly Program Progress/Direct Benefit Report, Exhibit 4, Part 1, monthly. Each senior attending a Senior Service Program activity, one meal counts as an activity, provided by the Family Service Association, shall count as 1 unit of service. TIME OF PERFORMANCE: July 1, 2021 through June 30, 2022 PROGRAM PARTICIPANT PERFORMANCE STANDARDS: CDB Activity: Senior Congregate and Mobile Meal Program and Senior Service Coordinator Program Activities. Measurable Outcome: Approximately 145 seniors will have increased access to nutritional meal programs. Approximately 175 seniors from the Grand Terrace Area will receive Coordinate Senior Center Services. In addition to units of service, the City of Grand Terrace will report unduplicated client counts on the Monthly Program Progress/Direct Benefit Report, Exhibit 4, Part II. OPERATIONS: The FSA Senior Congregate Meal Program and the Coordinated Senior Services will be operated at the Grand Terrace Senior Center, located at 22627 Grand Terrace Rd., Grand Terrace, the FSA Mobile Meal Program will operate as meals delivered to home bound seniors that reside in the City of Grand Terrace. The FSA administration office is located at 21250 Box Springs Rd., Suite 212, Moreno Valley, CA 92557. C.5.b Packet Pg. 79 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT B CONSOLIDATED PLAN C.5.b Packet Pg. 80 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT C MONTHLY PROGRAM PROGRESS AND DIRECT BENEFIT REPORT AND BENEFICIARY QUALIFICATION STATEMENT C.5.b Packet Pg. 81 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C.5.b Packet Pg. 82 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C.5.b Packet Pg. 83 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C.5.b Packet Pg. 84 At t a c h m e n t : F S A 2 0 2 1 - 2 2 I n d e p e n d e n t C o n t r a c t o r A g r e e m e n t - S r C o o r d [ R e v i s i o n 5 ] ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o Customer Balances for Family Service Association Customer: 300604 - CITY OF GRAND TERRACE - CDBG Customer Balance: 5,741.19 From: All Activity Document Number Document Date Due Date Document Description Original Amount Outstandin g Amount 07-2021- 300604 8/31/21 9/30/21 GRAND TERRACE CDBG - TO CORRECT 1,937.62 1,937.62 08-2021- 300604 8/31/21 9/30/21 GRAND TERRACE CDBG AUG 2021 1,941.43 1,941.43 09-2021- 300604 9/30/21 10/30/21 CITY OF GRAND TERRACE CDBG SEPT 2021 1,862.14 1,862.14 5,741.19 Grand Terrace CDBG Food Page: 1 C.5.c Packet Pg. 85 At t a c h m e n t : G r a n d T e r r a c e C D B G f o o d c o s t J u l y - S e p t e m b e r 2 0 2 1 ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r Customer Balances for Family Service Association Customer: 300604 - CITY OF GRAND TERRACE - CDBG Customer Balance: 5,741.19 Grand Terrace Food CDBG Page: 2 C.5.c Packet Pg. 86 At t a c h m e n t : G r a n d T e r r a c e C D B G f o o d c o s t J u l y - S e p t e m b e r 2 0 2 1 ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r Customer Balances for Family Service Association Customer: 300604 - CITY OF GRAND TERRACE - CDBG Customer Balance: 5,741.19 Page: 3 C.5.c Packet Pg. 87 At t a c h m e n t : G r a n d T e r r a c e C D B G f o o d c o s t J u l y - S e p t e m b e r 2 0 2 1 ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e S e n i o r Customer Balances for Family Service Association Customer: 300405 - GRAND TERRACE SENIOR CENTER Customer Balance: 8,149.33 From: All Activity Document Number Document Date Due Date Document Description Original Amount Outstandin g Amount 07-2021- 6828 10/31/21 11/30/21 GRAND TERRACE COMMUNITY CENTER JULY 2021 1,924.49 986.80 08-2021- 300405 8/31/21 9/30/21 GRAND TERRACE SENIOR CENTER AUG'21 1,954.14 1,954.14 09-2021- 300405 9/30/21 10/30/21 GRAND TERRACE SEPT 2021 1,813.81 1,813.81 10-2021- 300405 10/31/21 11/30/21 GRAND TERRACE OCT 2021 1,784.00 1,784.00 11-2021- 300405 11/30/21 12/30/21 CITY OF GRAND TERRACE NOV 2021 1,610.58 1,610.58 8,149.33 Page: 1 C.5.d Packet Pg. 88 At t a c h m e n t : G r a n d T e r r a c e S e n i o r C o o r d i n a t o r C o s t J u l y - N o v e m b e r 2 0 2 1 ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e Customer Balances for Family Service Association Customer: 300405 - GRAND TERRACE SENIOR CENTER Customer Balance: 8,149.33 Grand Terrace Community Center Page: 2 C.5.d Packet Pg. 89 At t a c h m e n t : G r a n d T e r r a c e S e n i o r C o o r d i n a t o r C o s t J u l y - N o v e m b e r 2 0 2 1 ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e Customer Balances for Family Service Association Customer: 300405 - GRAND TERRACE SENIOR CENTER Customer Balance: 8,149.33 Page: 3 C.5.d Packet Pg. 90 At t a c h m e n t : G r a n d T e r r a c e S e n i o r C o o r d i n a t o r C o s t J u l y - N o v e m b e r 2 0 2 1 ( A p p r o v e t h e F a m i l y S e r v i c e A s s o c i a t i o n A g r e e m e n t t o M a n a g e t h e AGENDA REPORT MEETING DATE: January 11, 2022 TITLE: Procedure for Filling City Council Vacancy PRESENTED BY: Adrian Guerra, City Attorney RECOMMENDATION: Discuss and provide direction to staff on establishment of City Council Vacancy Filling Procedures 2030 VISION STATEMENT: This staff report supports City Council Goal #5, “Engage in Proactive Communication” by allowing community input on potential procedures on filling City Council vacancies. BACKGROUND: On April 13, 2021, the City Council approved a Future Agenda Item request from City Council Member Robles to consider the adoption of a policy to govern how the City Council will fill a vacancy on the City Council should a seat become vacant during the term of office. Specifically, the policy would require the City Council to appoint the candidate who received the most votes at the most recent election (for which a City Council seat was on the ballot), but who was not elected to office. This staff report provides general background for the filling of a vacancy under state law and whether the above approach is compliant under that law. DISCUSSION: Government Code Section 36512 governs the vacancy filling process. It provides that the City Council must either fill the vacancy or call a special election to fill the vacancy within 60 days of the vacancy. Government Code Section 36512 focuses primarily on the special election process. For example, Government Code Section 36512(c) discusses the opportunity for the City to adopt the following types of ordinances that would vary from the general requirements: “(1) Requires that a special election be called immediately to fill every city council vacancy and the office of mayor designated pursuant to [Government Code] Section 34902. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. (2) Requires that a special election be held to fill a city council vacancy and the office of mayor designated pursuant to [Government Code] Section 34902 when G.6 Packet Pg. 91 petitions bearing a specified number of verified signatures are filed. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the filing of the petition. A governing body that has enacted such an ordinance may also call a special election pursuant to subdivision (b) [of Government Code Section 36512] without waiting for the filing of a petition.” On the other hand, Government Code Section 36512 does not discuss the appointment process other than the time period to appoint (60 days from the commencement of the vacancy). Most notably, this statute does not discuss or provide guidance as to how to choose an individual to fill a vacancy. Because there is no process to fill a vacancy under state law, the City Council has authority to establish its own process to determine how a vacancy can be filled by appointment with three state law restrictions: 1. The appointment must be made within 60 days of the commencement of the vacancy as required by Government Code Section 36512. 2. The term of the appointee must be compliance with Government Code Section 36512. Specifically, if the vacancy occurs “…in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.” (Government Code Section 36512(b)(2)(A)). 3. The appointee must otherwise be eligible for holding office, including compliance with age and residency requirements. With the above in mind, the City Council has the discretion to adopt an appointment procedure it desires if the City Council chooses not to fill the seat by a special election. For example, it could utilize one of the following procedures: • Accept applications, conduct interviews, and appoint without any guidelines or selection criteria. • Appoint the next highest vote-getter from the last general municipal election. • Establish criteria to be considered for appointment, such as previous candidates for office and vote count, participation in the City, or other criteria as the City Council may desire. If the City Council desires to establish a specific procedure, then it would need to adopt a resolution establishing the procedure. However, the resolution may be rescinded or modified at any time by future City Councils. Also, under State law, the City Council G.6 Packet Pg. 92 would also have the option to fill the vacancy by special election. Other cities have explored similar processes including Brentwood and Santa Maria (see Attachments I and II). Brentwood, for example, conducted a survey of is residents regarding options to fill a vacant seat. The survey showed that 66% of those surveyed wanted the second highest mayoral vote getter to be appointed. Santa Maria also grappled with different options to fill a seat including how the cost of a special election was prohibitive for calling a special election. FISCAL IMPACT: None. ATTACHMENTS: • Attachment I (PDF) • Attachment II (PDF) APPROVALS: Adrian Guerra Completed 01/06/2022 1:11 PM City Attorney Completed 01/06/2022 1:12 PM City Manager Completed 01/06/2022 4:12 PM City Council Pending 01/11/2022 6:00 PM G.6 Packet Pg. 93 G.6.a Packet Pg. 94 At t a c h m e n t : A t t a c h m e n t I ( P r o c e d u r e f o r F i l l i n g C i t y C o u n c i l V a c a n c y ) G.6.a Packet Pg. 95 At t a c h m e n t : A t t a c h m e n t I ( P r o c e d u r e f o r F i l l i n g C i t y C o u n c i l V a c a n c y ) G.6.b Packet Pg. 96 At t a c h m e n t : A t t a c h m e n t I I ( P r o c e d u r e f o r F i l l i n g C i t y C o u n c i l V a c a n c y ) CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● DECEMBER 14, 2021 Council Chamber Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace ATTACHMENTS TO December 14, 2021 City Council Minutes PowerPoint Presentations Public Hearing for Refuse Rate Adjustments December 14, 2021 2030 VISION STATEMENT BACKGROUND •The City of Grand Terrace contracts with Burrtec to provide refuse hauling services. •Burrtec has requested various rate increases on the basis it’s absorbing rising cost. •Rate increases will be proposed for both residential, multi-family,and commercial customers. •The last rate adjustment was approved August 2019 and went into affect September 1,2019. •To meet Prop 218 requirements a Notice of Public Hearing was sent to all Burrtec customers on October 13,2021. TONIGHT’S PRESENTATION •Residential Refuse Rates •96 Gallon Containers •64 Gallon Containers •How Our Rate Compares to Other Cities •Commercial Refuse Rates RESIDENTIAL PROPOSED RATE INCREASE Service Type Current Rate (2019) Proposed Rate (2022) % of Increase Standard -96 Gallon $29.13 $30.62 5.1% 64 Gallon Trash $27.67 $29.12 5.2% CURRENT RESIDENTIAL RATES VS GRAND TERRACE PROPOSED RATE $20.90 $25.02 $25.10 $26.42 $29.01 $29.64 $30.62 $30.79 $31.72 $32.72 $36.10 $39.24 $0.00 $5.00 $10.00 $15.00 $20.00 $25.00 $30.00 $35.00 $40.00 $45.00 COMMERCIAL PROPOSED RATE INCREASE Service Type Current Rate (2019) Proposed Rate (2022) % of Increase Commercial Front Load Refuse –96 gallon $39.28 $43.65 11.1% 3 Yard Bin $172.21 $206.95 20.2% CONCLUSION •Rates would go in effect January 1, 2022 •32 Returned Protests RECOMMENDATION •Conduct a public hearing to consider adoption of rate increases for residential and commercial solid waste collection,recycling,and disposal service rates for fiscal year 2021-2022 •Adopt Resolution setting forth new residential and commercial solid waste collection,recycling,and disposal service rates for fiscal year 2021-2022 ADOPT A RESOLUTION APPOINTING KONRAD BOLOWICH AS CITY MANAGER AND APPROVING THE CITY MANAGER EMPLOYMENT AGREEMENT EFFECTIVE JANUARY 4, 2022 2030 VISION STATEMENT •This meets the Grand Terrace 2030 Vision Statement and 2014-2020 Strategic Plan,to preserve and protect the community and its exceptional quality of life through thoughtful planning,within the constraints of fiscally responsible government,and providing an exceptionally safe and well managed City. BACKGROUND •Earlier this year,the City Council engaged the Ralph Andersen &Associates Executive SearchfirmtoconductarecruitmenttofillthecurrentlyvacantpermanentCityManagerposition.FredWilsonofRalphAndersen&Associates worked with the City Council to prepare and publicizeanadvertisementbrochurefortheposition.City Council chose to proceed with negotiating anemploymentagreementwithKonradBolowich. •Mr.Bolowich has 15 years of local government experience.He has served for the past 14yearsasAssistantCityManagerfortheLomaLinda,California,and prior to that worked as theInfrastructureInspectorfortheCityofLomaLinda.Mr.Bolowich began his local governmentcareerintheCityofLomaLindain2006. •Mr.Bolowich has held multiple leadership positions since 1980 including the following:Assistant City Manager,and Infrastructure Inspector for the City of Loma Linda;BuildingInspectorforWildanCompanies;Construction Superintendent for ICE Builders;Senior ProjectManagerforIBM;and VP Operations,Director of Finance,and Paramedic Chief for AmericanMedicalResponse. •Mr.Bolowich has earned multiple recognitions as a successful leader in the Inland Empire.HeservedasTrustee/Board Member at San Gorgonio Pass Memorial Hospital.Mr.Bolowichearnedabachelor’s degree at California State University. DISCUSSION •The City Council will now consider whether to appoint Konrad Bolowich as CityManagerandapprovetheproposedemploymentagreement,which has been signed byMr.Bolowich.If approved,Mr.Bolowich’s first day as City Manager will be January 4,2022. •Current Interim City Manager,Michael Milhiser,will complete his interim positionwiththeCityofGrandTerraceonJanuary3,2022,if the employment agreement withMr.Bolowich is approved. •Appointment of Mr.Bolowich as City Manager •Approval of the resolution included as Attachment A would appoint Mr.Bolowich asCityManagerandapprovetheCityManagerEmploymentAgreement,which isAttachmentB. •California Government Code section 54953(c)(3)requires an oral report in an openmeetingsummarizingtheproposedfinalactiononsalaries,salary schedules,orcompensationpaidintheformoffringebenefitsofaCityManager.The followingtermsofMr.Bolowich’s proposed employment agreement will be stated verbally as partofthestaffreportonthisagendaitem: DISCUSSION 1.Annual salary of $211,200.2.Health insurance premium contribution of $1,416.67 per month to equal $17,000 per year.3.Vehicle allowance of $416.67 per month to equal $5000 per year. 4.Cell phone allowance of $100 per month to equal $1,200 per year. 5.Sick leave accrual at 8 hours per month,with a cap of 480 hours and astartingbankof80hours. 6.Vacation leave of 80 hours per year through five years of service,with a cap of 480 hours and a starting bank of 80 hours.7.Administrative (management)leave of 80 hours per year,with a cap of 80 hours. 8.Retirement benefits –City’s CalPERS Second Tier Plan forMiscellaneousemployees,which is the 2%at 60 formula. 9.Three year contract term.10.Six months severance if terminated without cause. FISCAL IMPACT •The costs associated with the City Manager Employment Agreement is included in the City’s FY2021-22 Adopted Budget. RECOMMENDATIONS •Adopt the Resolution Appointing Konrad Bolowich as City Manager and Approving the City Manager Employment Agreement as presented. QUESTIONS ADOPT A RESOLUTION AMENDING THE STATEMENT OF BENEFITS SECTIONS PERTAINING TO HOLIDAYS AND EMPLOYEE HEALTH PLAN EFFECTIVE JANUARY 1, 2022 2030 VISION STATEMENT •This meets Goal #4 of the Grand Terrace 2030 Vision Statement and 2014-2020 Strategic Plan,Developing and Implementing Successful Partnerships. BACKGROUND •On August 24,2021,the City Council of the City of Grand Terrace accepted a Tentative Agreement and approved a Memorandum of Understanding between the City of Grand Terrace and the recognized employee organization identified as Teamsters Local 1932 for the period of July 1,2021 through June 30,2024.The Memorandum of Understanding included a designated Holiday Schedule and a Major Medical Insurance contribution that differs from the Statement of Benefits. •The Memorandum of Understanding between the City of Grand Terrace and the Teamsters Local 1932 is not inclusive of all City of Grand Terrace active benefit eligible employee groups and creates differences amongst the City’s various active benefit eligible employee groups regarding observed employee paid holidays and the City’s contribution towards major medical insurance. •Per Resolution 2015-10,the objective of the Statement of Benefits is to provide an equitable system of personnel compensation.The City currently employees eleven benefit eligible staff members who are covered solely by the Statement of Benefits,and 10 benefit eligible staff members who are covered by the Teamsters Local 1932 MOU.Without an amendment to the Statement of Benefits,the employee groups will continue to observe different holiday schedules and be eligible for different major medical insurance contributions. DISCUSSION •Staff presents for the City Council’s consideration an amendment to the Statement of Benefits that would make holiday and major medical insurance benefits consistent between City of Grand Terrace active benefit eligible employee groups. •An alignment of the observed holiday schedule for all active benefit eligible employee groups at the City of Grand Terrace ensures a seamless level of public service for the community during all open days of operations at all City of Grand Terrace facilities.There is no change to the number of paid employee City holidays per year.All groups of active benefit eligible employees shall continue to receive thirteen designated holidays and two floating holidays per calendar year. HOLIDAY CHANGES DESIGNATED HOLIDAYS DAY OF OBSERVATION New Year’s Day January 1 Martin Luther King Jr.Day Third Monday in January President’s Day Third Monday in February Cesar Chavez Day March 31 Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran’s Day Second Monday in November Columbus Day Thanksgiving Day Fourth Thursday in November Day After Thanksgiving Day Fourth Friday in November Christmas Eve December 24 Christmas Day December 25 New Year’s Eve January 1 Floating Holiday Not Applicable Flaoting Holiday Not Applicable HOLIDAY LANGUAGE ADDITIONS •Floating Holidays. All employees shall receive two (2) floating holidays per calendar year. Employees entitled to floating holidays shall be paid the equivalent of the employee’s one workday of compensation for the floating holiday. Floating holidays must be used by the end of the corresponding calendar year. Any floating holiday hours not used by the end of the calendar year will be cashed out and included in the first pay period in January. •If any of the holidays fall on a Friday or Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. For any holiday that falls on a Sunday, the City Manager shall have discretion as to whether that holiday will be observed on the following Monday. •Employees entitled to holidays shall be paid the equivalent of the employee’s one workday of compensation for the holiday. MEDICAL INSURANCE CONTRIBUTION CHANGES •Providing an equitable contribution to all active benefits eligible employeegroupsattheCityofGrandTerrace,ensures the intent of providingequitableaccesstomedicalinsurance,and upholds the City’s objective toattracttoemploymentthebestandmostcompetentpersonsavailableandtoprovideforanequitablesystemofcompensation. •Currently eleven active benefit eligible City employees who are coveredsolelybytheStatementofBenefitsareeligibletoreceiveamedicalinsurancecontributionof$645.00 per month,while Teamsters Local 1932 activebenefiteligibleemployeesareeligibletoreceiveanamountequaltotheemployeeonlyKaiserRegion3premiumrateof$669.84 per month.ByamendingtheStatementofBenefits,unrepresented benefit eligibleemployeeswillalsoreceiveanamountequaltotheemployeeonlyKaiserRegion3premiumrate.This rate will increase to $719.78 effective January 1,2022. FISCAL IMPACT •The cost associated with the City’s contribution for the health contract with Cal PERS is included in the City’s FY 2021-22 Adopted Budget. •There is no cost associated to the alignment of the City paid holidays. •There is no change to the City’s FY 2021-22 Adopted Budget. RECOMMENDATIONS •It is recommended that the City Council Adopt the attached Resolution amending the Statement of Benefits pertaining to sections related to Holidays and Employee Health Plan as presented. QUESTIONS City of Grand Terrace Draft 2021 Housing Element Update City Council December 14, 2021 Overview •Housing Element updates required every 8 years 2021-2029 update required by State law (“6th cycle”) •More extensive legal requirements than any other element •State oversight & Housing Element “certification” Housing is a “matter of statewide importance” Limitations on local land use control State Legislature has delegated HCD authority to review Housing Elements for compliance (“certification”) Potential legal consequences for non-compliance Certification supports the legal validity of the Housing Element and General Plan What is Affordable Housing? Income Category Income Limits Affordable Rent Affordable Price (est.) Extremely Low (<30%)$26,500 $663 --- Very Low (31-50%)$39,500 $988 --- Low (51-80%)$63,200 $1,580 --- Moderate (81-120%)$93,000 $2,325 $375,000 Above Mod (>120%)> $93,000 > $2,325 >$375,000 Assumptions: Based on a family of 4 30% of gross income for rent or PITI 10% down payment, 3.75% interest, 1.25% taxes & insurance, $300 HOA dues Key Requirements Housing regulations consistent with State law Persons with special needs Regional Housing Needs Assessment (RHNA) Adequate sites to accommodate assigned need RHNA RHNA requirements •Planning City must ensure that plans and development regulations can accommodate the RHNA allocation in all income categories Housing Element certification requires “adequate sites” •Production Housing Element certification not contingent on achieving the RHNA allocation If housing production falls short of the RHNA allocation, streamlined permit processing required for some projects RHNA Grand Terrace (2021-2029) IncomeCategory Units Very low 189 Low 92 Moderate 106 Above mod 243 Total 630 RHNA Summary •Planning target, not a construction quota •Sites inventory must accommodate the RHNA •Lower-income need can be accommodated through: Multi-family residential zoning (20+ units/acre) Mixed-use or “overlay” zoning (20+ units/acre) Accessory dwelling units (ADUs) •If sites inventory does not accommodate the RHNA, rezoning is required RHNA Summary Housing Sites 1.The Greens Group 2.Grand Terrace Road 3.Canal Village 4.21712 Vivienda Avenue 5.0275-191-03-0000 (Just west of 21712 Vivienda) 6.12667 Michigan Street 7.21516, 21506. 21496 Main Street Next Steps Date Milestone Fall/Winter 2021 Research & analysis Public outreach Study Session Prepare Draft Housing Element Public review Planning Commission review City Council review HCD review & consultation 1st Quarter 2022 Prepare Revised Draft Housing Element Public review Planning Commission review City Council hearing & adoption HCD review & certification For more information: https://www.grandterrace- ca.gov/departments/planning_development_services Questions & comments? Haide Aguirre, Associate Planner haguirre@grandterrace-ca.gov City of Grand Terrace Draft 2021 Housing Element Update City Council December 14, 2021