Glendora City Council
January 25, 2022

SPECIAL NOTICE

IMPORTANT PUBLIC HEALTH AND SAFETY MESSAGE REGARDING

PARTICIPATION AT CITY COUNCIL MEETINGS

CHANGES AND ADDITIONAL OPPORTUNITIES RELATING TO PUBLIC MEETINGS As emergency conditions persist in the City, specifically, a state of emergency remains in effect related to COVID-19, community transmission of COVID-19 in Los Angeles County has rapidly increased from Low to High due to the highly contagious Delta variant of COVID-19 which has emerged, Los Angeles County officials are imposing and recommending measures to promote social distancing, requires masking by all, regardless of vaccination status, in an effort to slow the continuously high trends in and level of transmission of COVID-19 throughout the State and Los Angeles County. The City Council determine that that the presence of COVID-19 and the increase of cases due to the Delta variant and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and has affirmed a local emergency exists and re-ratified the proclamation of state of emergency by the Governor of the State of California. In compliance with AB 361, Brown Act public meetings will continue to be conducted utilizing Zoom Video Communications. To participate in the meeting from the comfort of your own home or office download Zoom on any phone or computer device and enter meeting ID# cityofglendora.org/zoom or https://zoom.us/j/9329247224. The teleconferenced meeting allows the City to continue to conduct essential business and comply with Public Health Administration recommendations to protect the public and City employees, practice social distancing and limit exposure.

Want to watch?
All our City Council meetings can be watched live through Internet Streaming at www.cityofglendora.org, through Spectrum cable television Channel 3 and Verizon Channel 31.

How do I participate?
You may give public comment at the commencement of the meeting when the presiding officer calls for public comment.

Speakers are limited to three (3) minutes, speaking once, on both on- and off-agenda items. If there are any public hearings scheduled, individuals will be given an additional opportunity to comment under said items. To ensure that the public will be able to participate, the city is providing three methods in which the public can submit their comments:

OPTION 1: LIVE COMMENTS
Public is invited to participate via Zoom Video Communications, enter meeting ID# cityofglendora.org/zoom or https://zoom.us/j/9329247224. If you wish to address the governing board on any matter posted on the agenda or within subject matter jurisdiction should utilize one of the following protocols:

Utilizing “Raise Your Hand” Feature Utilizing “Chat” Feature Step 1. Virtually “raise your hand” using zoom, Step 1. Utilizing Chat function (Send a message to City Clerk and let them know which item(s) you wish to comment on (aka: Public Comment, Item #1 or #2)), Step 2. Wait to be called on by the City Clerk, Step 2. Wait to be called on by the City Clerk, Step 3. Unmute your audio, Step 3. Unmute your audio,
Step 4. Verbalize your comments (less than 3 minutes) Step 4. Verbalize your comments (less than 3 minutes) OPTION 2: E-MAIL
Public Comments can be submitted via email to [email protected] with the subject “Public Comment – Insert Governing Body and Meeting Date”. Public Comments received will be added to the associated Agenda Packet before 5:00 p.m. each day leading up to meeting (weekends and holidays excluded). Emails received in real time and prior to the commencement of Public Comment Period or Public Hearing and not already incorporated in the agenda will be read out loud (up to 3 minutes).

OPTION 3: MAIL
Public comments may be mailed to 116 E. Foothill Boulevard, Glendora, ATTN: City Clerk’s Department-Public Comment. The City Clerk will read public comments received out loud (up to 3 minutes) into the public record if received before 5 p.m. on the date of the meeting. Otherwise, public comments will be considered late correspondence and incorporated into the meeting minute record.

The City of Glendora thanks you in advance for your cooperation and support as we work to provide city services in new and creative ways. If you have any questions, feel free to contact the City Clerk’s Department at (626) 914-8210.

Your health and safety is our top priority.

For more information on virtual meetings in compliance with the Ralph M. Brown Act visit the City website at www.cityofglendora.org/COVID19.

Meeting Date: 1/25/2022 / Packet Page #: 1

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, JANUARY 25, 2022
VIA ZOOM VIDEO COMMUNICATIONS, MEETING ID# CITYOFGLENDORA.ORG/ZOOM OR HTTPS://ZOOM.US/J/9329247224

MAYOR/CHAIR
Karen K. Davis

MAYOR PRO TEM/VICE-CHAIR
Gary Boyer, District 3

COUNCIL/COMMISSIONERS
Michael Allawos
David Fredendall, District 2
Mendell Thompson, District 5

MEETING SCHEDULE
The regular meetings of the city council shall be held on the second and fourth Tuesday of each month, closed session business will commence at 6:00 p.m., when scheduled, and general business session will commence at 7:00 p.m.

BROWN ACT
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on “all items” listed on the agenda and be in compliance with the open meeting laws.

Pursuant to 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 governing body may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.

COMMUNICATION AND ELECTRONIC DEVICES
To minimize distractions, please be sure all personal communication and electronic devices are turned off or on silent mode.

LIVE BROADCASTING AND REBROADCASTING
Regular City Council meetings are broadcast live every 2nd and 4th Tuesday of the month on City Website www.cityofglendora.org, Channel 3 (Cable) & Channel 31 (Verizon) and are replayed Thursday - Sunday the week following the meeting on Channel 3 (Cable) & Channel 31 (Verizon). All broadcasts can be viewed on Cox Communications Local Access Channel 3 and Verizon/Fios Channel 31.

City Council meetings are also available via live webcast and at any time for replaying through the City's webpage at
cityofglendora.org/citymeetings.

Meeting Date: 1/25/2022 / Packet Page #: 2
AGENDA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
of the

CITY OF GLENDORA
TUESDAY, JANUARY 25, 2022
VIA ZOOM VIDEO COMMUNICATIONS, MEETING ID#
CITYOFGLENDORA.ORG/ZOOM OR HTTPS://ZOOM.US/J/9329247224 6:00 PM CLOSED SESSION
7:00 PM GENERAL BUSINESS SESSION

TO THE MEMBERS OF THE CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY OF THE CITY OF GLENDORA AND TO THE CITY CLERK:

NOTICE IS HEREBY GIVEN that the City Council, Successor Agency and Housing Authority will conduct a meeting at 6:00 PM on Tuesday, January 25, 2022, in via Zoom Video Communications, meeting ID# cityofglendora.org/zoom or https://zoom.us/j/9329247224.

NOTICE IS FURTHER GIVEN that Closed Session business will commence at 6:00 p.m., when scheduled, and General Business Session will commence at 7:00 p.m.

The purpose of said meeting is as follows:

CALL TO ORDER

ROLL CALL

CLOSED SESSION
The regular meetings of the city council shall be held on the second and fourth Tuesday of each month, closed session business will commence at 6:00 p.m., when scheduled, and general business session will commence at 7:00 p.m. Closed Session discussions authorized by state law and allow the legislative body to consider/hear any matter which it is authorized by state law to hear or consider in closed session.

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
A closed session will be held, pursuant to Government Code § 54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: Richard Bernal vs. City of Glendora; United States District Court for the Central District of California, Case No. 2:21-cv-02459.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
A closed session will be held, pursuant to Government Code § 54956.99 (d)(1), to confer with legal counsel regarding one (1) matter of pending litigation to which the City is a party. The title of such litigation is as follows: CARRASCO v. CITY OF GLENDORA, United States District Court for the Central District of California, Case No. 2:21-CV-05965-MWF-ASx.

INVOCATION AND PLEDGE OF ALLEGIANCE
In permitting a nonsectarian invocation, the City does not intend to proselytize, advance, or disparage any faith or belief. Neither the City nor the City Council endorses any particular belief or form of invocation.  Invocation
 Pledge of Allegiance
Meeting Date: 1/25/2022 / Packet Page #: 3

STUDENT REPORTS - NONE

REORDERING OF AND ADDITIONS TO THE AGENDA

PUBLIC COMMENT
Three (3) Minute speaking time limit, speaking once, unless upon motion, such time is extended by the legislative body.

Any person may request to address a legislative body during a public meeting. Speakers are limited to three (3) minutes, speaking once, on both onand off- agenda items, unless, upon motion, such time is extended by the legislative body. Such statements shall only be allowed during the Public Comment portion of the agenda. If there are any public hearings scheduled, individuals will be given an additional opportunity to comment under said items. Speakers are not permitted to yield their time to another speaker. Public comment is limited to 30 minutes at each meeting, with the ability to extend if the legislative body so chooses by majority vote.

To ensure that the public is able to participate, the City may provide a variety of ways in which the public can submit their comment: in person, virtually, email, phone call, mail and any other method which may become available. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.

3. Public Comments

MEMBER STATEMENTS/REPORTS

CITY MANAGER AND CITY ATTORNEY STATEMENTS

SPECIAL ITEMS

4. High School Student Representative Report – (Postponed to 2nd meeting in February)

5. COVID-19: Reopening of the Economy Update

PUBLIC HEARINGS
Public hearings shall conform to the protocol established to conduct of public meetings, proceedings, and business in the City of Glendora. Following presentation of the staff report, the applicant/appellant will be allowed ten (10) minutes in which to make a presentation. Following the presentation of the applicant/appellant public testimony share be called, each speaker is limited to three (3) minutes, speaking once. The Presiding Officer may permit a five (5) minute rebuttal/summation by a representative of applicant/appellant. The public hearing will then be closed, and no member of the public shall be allowed to speak further unless, upon motion, and the public hearing is reopened by the governing body. Any person desiring to provide testimony during a Public Hearing item shall make his/her presence known to the Presiding officer. Speakers are entitled to submit written or other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the Clerk’s record.

PLEASE NOTE: If you challenge any of the proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

6. A Public Hearing to Consider a Resolution Amending the Master Schedule of Fees for Fiscal Year 2021-22 relating to Passport Service and Animal License Issuance (Strategic Plan Item 11 - IFSS)
CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled, "A RESOLUTION

OF THE CITY COUNCIL AMENDING THE MASTER SCHEDULE OF FEES FOR

SERVICE AND AMENDING CITYWIDE FEES FOR COST OF SERVICE FOR FISCAL YEAR 2021-2022 RELATING TO PASSPORT SERVICES AND ANIMAL LICENSE ISSUANCE.”

CONSENT CALENDAR
Items on the Consent Calendar will be enacted by one motion without individual discussion. There will be no separate discussion of these items unless a member of the governing body requests specific item(s) be removed from the Consent Calendar for separate action. Items removed from the Consent Calendar will be considered after the Consent Calendar is approved. Anyone wishing to address a Consent Calendar item should do so during the Public Comment Period.

Meeting Date: 1/25/2022 / Packet Page #: 4

7. City Council, Successor Agency for the former Community Redevelopment Agency, and Housing Authority Minutes
CITY/AGENCY/AUTHORITY RECOMMENDATION: Affirm the following minutes as presented: 1. June 22, 2021 Regular Joint Meeting Minutes, 2. December 14, 2021 Regular Joint Meeting Minutes, and 3. January 11, 2022 Regular Joint Meeting Minutes.

8. Monthly Investment Activity Report for December 2021 CITY/AGENCY/AUTHORITY RECOMMENDATION: Receive and file the Monthly Investment Activity Report for December 2021.

9. Adopt a Resolution Re-Authorizing Remote Teleconference Meetings of the Legislative Bodies for the City of Glendora for the 30-Day period beginning January 29, 2022 through February 28, 2022 pursuant to the Ralph M. Brown Act and AB 361
CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled, “A RESOLUTION

OF THE CITY COUNCIL RE-RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF GLENDORA FOR THE 30-DAY PERIOD BEGINNING JANUARY 29, 2022 THROUGH FEBRUARY 28, 2022 PURSUANT TO THE RALPH M.

BROWN ACT AND AB 361.”

10. Geographical Information Systems (GIS) Project
CITY RECOMMENDATION: 1. Approve Enterprise Agreement with ESRI in an amount not to exceed $198,966; and 2. Authorize the purchase of 300 user licenses and 10 creator licenses.

MEMBER AGENDA ITEMS

11. Consideration of the Brand-Huang-Mendoza Tripartisan Land Use Initiative CITY RECOMMENDATION: 1. Consider the Brand-Huang-Mendoza Tripartisan Land Use Initiative; and 2. Provide City staff with direction accordingly.

UNFINISHED BUSINESS - NONE

NEW BUSINESS

12. Execute a Memorandum of Understanding (MOU) between the Glendora Public Library Friends Foundation (GPLFF) and the City of Glendora (Strategic Plan Item 40 - EMO) CITY RECOMMENDATION: 1. Authorize the City Manager to execute a Memorandum of Understanding (MOU) between the Glendora Public Library Friends Foundation (GPLFF) and the City of Glendora.

13. Meda Avenue and Bus Plaza Conceptual Improvements
CITY RECOMMENDATION: 1. Provide input regarding conceptual improvements and programming for Meda Avenue and Bus Plaza.

Meeting Date: 1/25/2022 / Packet Page #: 5

14. Capital Improvement Program Update - Part 2 for Fiscal Years 2021/23 Projects; Amend 5- Year Capital Improvement Program; and Authorize Appropriations (Strategic Plan Items 8- IFFS, 10-IFSS,46-IMCIF, 48-IMCIF, 49-IMCIF, 50-IMCIF, 52-IMCIF, 53-IMCIF, 54-IMCIF) CITY RECOMMENDATION: 1) Amend the 5-Year Capital Improvement Program; 2) Approve the supplemental appropriation from Water Capital reserves in the amount of $198,450 and from Measure M reserves in the amount of $77,550 for a total of $276,000.

15. Award a Professional Services Agreement to Mulholland Consulting, Inc. for design of Water and Street Improvements for Mauna Loa, East of Glendora Avenue in the amount of $85,291 (Strategic Plan Item 46 - IMCIF)
CITY RECOMMENDATION: 1. Award a Professional Services Agreement to Mulholland Consulting, Inc. for design of Water and Street Improvements for Mauna Loa Avenue, East of Glendora Avenue in the amount of $85,291 with a 10% contingency in the amount of $8,530 for a total amount of $93,821; and 2. Authorize the City Manager or his designee to execute the agreement including making minimal and/or non-substantive changes.

16. Award a Professional Services Agreement to Willdan Engineering for design of Water and Street Improvements for Cumberland Road, Palomar Drive, Lone Hill Avenue (North of Foothill Boulevard), Amelia Avenue, Country Club Drive, and Country Club Vista in the amount of $196,047 and authorize a 10% contingency in the amount of $19,605 for a total amount of A$215,652 (Strategic Plan Item 46-IMCIF)
CITY RECOMMENDATION: 1. Award a Professional Services Agreement to Willdan Engineering for design of water and street improvements at Cumberland Road, Palomar Drive, Lone Hill Avenue (North of Foothill Boulevard), Amelia Avenue, Country Club Drive, and Country Club Vista (Package 1) in the amount of $196,047 with a 10% contingency in the amount of $19,605 for a total amount of $215,652; and 2. Authorize the City Manager or his designee to execute the agreement including making minimal and/or non-substantive changes.

MEMBER/STAFF CLOSING COMMENTS

ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing special notice and agenda was posted on the Glendora City Hall bulletin board at 116 E. Foothill Boulevard and on the City of Glendora website at www.cityofglendora.org not less than 72 hours prior to the meeting in accordance with Government Code Section 54954.2.

Certification Dated: January 19, 2022
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Meeting Date: 1/25/2022 / Packet Page #: 6

NOTICE TO THE PUBLIC
The City Council adopted new rules relating to the conduct of public meetings, proceedings, and business in the City of Glendora on February 9, 2021 (Resolution CC 2021-02) and go into effect on April 1, 2021.

LIVE BROADCASTING AND REBROADCASTING
Regular City Council meetings are broadcast live every 2nd and 4th Tuesday of the month on City Website www.cityofglendora.org, Channel 3 (Cable) & Channel 31 (Verizon) and are replayed Thursday - Sunday the week following the meeting on Channel 3 (Cable) & Channel 31 (Verizon). All broadcasts can be viewed on Cox Communications Local Access Channel 3 and Verizon/Fios Channel 31. City Council meetings are also available via live webcast and at any time for replaying through the City's webpage at cityofglendora.org/citymeetings. For more information, please contact the City Clerk’s office at (626) 914-8210.

MEETING SCHEDULE
Regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session business will commence at 6:00 p.m., when scheduled, and general business session will commence at 7:00 p.m. Agendas are available at the following locations:
• City Clerk's Office • Glendora Public Library Government Kiosk and Bulletin Board • Crowther Teen and Family Center Bulletin Board • City's web page at cityofglendora.org/citymeetings

PUBLIC COMMENT/PARTICIPATION
Any person may request to address a legislative body during a public meeting by submitting to the City Clerk a Speakers Request form and stating the topic to be addressed. Speakers Request forms shall be available at the Council Chambers throughout the council meeting.

Speakers are limited to three (3) minutes, speaking once, on both on- and off- agenda items, unless, upon motion, such time is extended by the legislative body. Such statements shall only be allowed during the Public Comment portion of the agenda. If there are any public hearings scheduled, individuals will be given an additional opportunity to comment under said items. Speakers are not permitted to yield their time to another speaker. Public comment is limited to 30 minutes at each meeting, with the ability to extend if the legislative body so chooses by majority vote.

To ensure that the public is able to participate, the City may provide a variety of ways in which the public can submit their comment: in person, virtually, email, phone call, mail and any other method which may become available. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.

CURFEW
In the absence of a motion duly adopted by majority vote of the City Council, the Presiding Officer may adjourn City Council meetings at 10:30 p.m. or as soon thereafter as is reasonably practicable. This means that under normal circumstance, the City Council will complete action on whatever agenda item is being discussed/debated at 10:30 p.m. after which the Presiding Officer shall adjourn the regularly scheduled meeting to a time certain at which time the meeting shall be reconvened as an Adjourned Regular Meeting of the City Council and action upon the published agenda continue.

STAFF REPORTS
As a general rule, staff reports, or other written documentation are prepared/organized with respect to each item of business listed on the agenda. Meeting agendas and staff reports are available at least 72 hours prior to the scheduled City Council meeting for public inspection at Glendora City Hall, via public kiosks located in the City Clerk’s office and at the Glendora Public Library during regular business hours, and on the City’s website at cityofglendora.org/citymeetings. In addition, meetings can be viewed live at the time posted on the agenda and related staff reports can be opened and viewed simultaneously along with the streaming of the meeting at cityofglendora.org/citymeetings.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this agenda after the posting of the agenda will be available for public review in the City Clerk''s Office, 116 E. Foothill Boulevard, Glendora, California, during normal business hours. In addition, such writings or documents will be made available for public review at the respective public meeting and via the City’s website at cityofglendora.org/citymeetings.

SUBMITTAL OF INFORMATION BY MEMBERS OF THE PUBLIC FOR DISSEMINATION MEETINGS Any member of the public who desires to submit documentation in hard copy form may do so prior to the meeting by emailing their comments and/or information to [email protected]. This information will be disseminated.

CITY SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
It is the intention of the City of Glendora to comply with the Americans With Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Irvine will attempt to accommodate you in every reasonable manner. Please contact the City Clerk's Office at (626) 914-8210 no later than 72 hours prior to the meeting. (28 CFR 34.102.104 ADA TITLE II).

Assisted listening devices are available at the meeting for individuals with hearing impairments. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-35. 104 ADA Title II) For further information, please contact the office of the City Clerk at (626) 914-8210, or via e-mail at [email protected].

Meeting Date: 1/25/2022 / Packet Page #: 7

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 25, 2022
FROM: FINANCE DISTRICT(S): CITYWIDE
SUBJECT: A PUBLIC HEARING TO CONSIDER A RESOLUTION AMENDING THE MASTER SCHEDULE OF FEES FOR FISCAL YEAR 2021-22 RELATING TO PASSPORT SERVICES AND ANIMAL LICENSE ISSUANCE (STRATEGIC PLAN ITEM 11 - IFSS)

RECOMMENDATION
That the City Council:

1. Adopt a City Council Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL AMENDING

THE MASTER SCHEDULE OF FEES FOR SERVICE AND AMENDING CITYWIDE FEES FOR COST OF SERVICE FOR FISCAL YEAR 2021-2022 RELATING TO PASSPORT SERVICES AND ANIMAL LICENSE ISSUANCE.”

EXECUTIVE SUMMARY
The following fees are being amended because a third-party agency is increasing its fees and the City is a pass-through for these fees:
 AD-15: Passport Services – The U.S. Department of State has increased certain fees.  PD-5: Animal License Issuance – Penalty updated to align the City of Glendora to a unified Inland Valley Humane Society & SPCA license fee and fine schedule.

BACKGROUND
The City Council adopts the Master Schedule of Fees for Service annually, most recently on June 22, 2021. California Government Code allows cities to recover all or a portion of the cost of providing exchange-based services through the application of fees. Periodic publication of a revised Master Schedule of Fees (Fee Schedule) is recommended to:

1. Maintain appropriate recovery ratios of service costs;

2. Add or delete fees for service; and/or

3. Incorporate pre-existing fees or charges that should be included in the Published Master Fee Schedule.

DISCUSSION
The Animal License Issuance needs to be amended to align with the Inland Valley Humane Society. The change is shown in the table below.

Item #6. Page 1
Meeting Date: 1/25/2022 / Packet Page #: 8
Staff Report Page 2 of 2
Item Service Current Change Reason
PD-5 Animal
License
Issuance
Cat License:

Unaltered/ S/C $10
Altered/ S/C $5
Penalty $10
Dog License:

Unaltered $100
Altered $30
S/C Unaltered $100
S/C Altered $10
Veteran Disability Altered $0
Penalty $50
Potentially Dangerous $125
Cat License:

Unaltered/ S/C $10
Altered/ S/C $5
Penalty $10
Dog License:

Unaltered $100
Altered $30
S/C Unaltered $100
S/C Altered $10
Veteran Disability Altered $0
Penalty $30 (altered)
Penalty $100 (unaltered)
Potentially Dangerous $125
License
penalty fee
was adjusted
to reflect the
license cost
based on the
altered vs.
unaltered
condition of the
dog.

On December 22, 2021 the City was notified by the U.S. Department of State Passport Services that there would be a Passport Book Fee Increase of $20 effective December 27, 2021. Additionally, on January 10, 2022, the optional fee for 1-2 Day Delivery Service increased as well. These fees are paid directly to the U.S. Department of State. The table below provides a summary of the increases.

Previously Fee New Fee
Passport Book Fee child - $80
adult - $110
child - $100
adult - $130
1-2 day Delivery Return Service $17.56 $18.32

FISCAL IMPACT
There will be no fiscal impact if the City Council approves the new fee schedule. These fees are paid directly to the governing agency.

ENVIRONMENTAL DETERMINATION
Not Applicable
Prepared By Kyle Johnson, Assistant Director - Finance
Reviewed By Marie Ricci, Administrative Services Director/City Treasurer Matt Egan, Chief of Police
Kathleen R. Sessman, City Clerk/Communications Director Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved by Adam Raymond, City Manager
Legal Review William Wynder, City Attorney

ATTACHMENTS
A. Resolution
B. Public Hearing Notice
Item #6. Page 2
Meeting Date: 1/25/2022 / Packet Page #: 9
RESOLUTION CC 2022-___

A RESOLUTION OF THE CITY COUNCIL AMENDING THE CITY OF
GLENDORA’S MASTER FEE SCHEDULE RELATED TO PASSPORTS

AND ANIMAL CONTROL EXPENSES

THE CITY COUNCIL
City of Glendora, California
WHEREAS, the California Government Code requires that fees for services not exceed the estimated cost of providing the service for which the fee is levied and that no fee or services charge or increase in an existing fee, fine or charge to which the fee, fine or service change be levied without the opportunity for the public to make oral or written comment at a regularly scheduled meeting of the City Council; and
WHEREAS, the City Council has from time to time adopted fee schedules and now wishes to amend fee and fine schedules due to; and
WHEREAS, the fees and fines set forth in the attached amendment to the Master Schedule of Fees and Fines for Services do not exceed the estimated cost to provide services for which the fee is levied; and
WHEREAS, the Glendora Municipal Code permits the City Council to establish the fees, fines and charges provided herein by resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Master Schedule of Fees for Service adopted June 22, 2021, Administration Section, Item No. AD-15, is amended as follows:

Passport Book and Card Fees Current Fees* Proposed Change* Passport Book – ages 15 & under (valid 5 years)
Passport Book – ages 15 & under (valid 5 years)
1-2 Day Delivery Return Service
$80.00
$110.00
$17.56
$100.00
$130.00
$18.32
SECTION 2. The Master Schedule of Fees for Service adopted June 22, 2021, Police Department Subsection PD-23, is amended as follows:

Item
No.

Service Current Fees* Proposed Change*
PD-5 Animal License Issuance Dog License:

Penalty $50
Dog License:

Penalty $30 (altered)
Penalty $100 (unaltered)
SECTION 3. The fees, fines and charges set pursuant to this resolution shall be automatically increased to include any fees mandated by Federal, State or County regulations.

SECTION 4. This Resolution shall take effect immediately after its adoption.

Item #6. Page 3
Meeting Date: 1/25/2022 / Packet Page #: 10
Resolution CC 2022-XX Page 2 of 2
SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

SECTION 6. The City Clerk is hereby directed to forward a copy of this resolution to the Glendora Administrative Services Director for inclusion in the Master Fee Schedule.

PASSED, APPROVED and ADOPTED this 25th day of January, 2022.

City Council of Glendora, CA
BY:

KAREN DAVIS
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney

CERTIFICATION
I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of January, 2022, by the following vote:

AYES: COUNCIL MEMBERS: Boyer, Fredendall, Thompson, Davis, and Allawos.

NOES: COUNCIL MEMBERS: None.

ABSENT: COUNCIL MEMBERS: None.

ABSTAIN: COUNCIL MEMBERS: None.

Dated: January ___, 2022
KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #6. Page 4
Meeting Date: 1/25/2022 / Packet Page #: 11

NOTICE OF PUBLIC HEARING

CITY COUNCIL
YOU MAY BE AFFECTED BY THE FOLLOWING:
_____________________________________________

NOTICE IS HEREBY GIVEN that the City Council of the City of Glendora will hold a public hearing via Zoom Video Communications, meeting ID# cityofglendora.org/zoom or https://zoom.us/j/9329247224 on Tuesday, January 25, 2022, at 7:00 p.m. to receive and consider all evidence and reports relative to a resolution amending the City of Glendora Master Fee Schedule of fees and charges for City Services related to Animal Control Fees and Passport fees.

Notice is Further Given that on November 10, 2021 governor Newsom issued Executive Order N-21-21 which extended the State of Emergency in California due to the COVID-19 pandemic through March 31, 2021 and pursuant to AB 361 starting at the September 28, 2021 meeting, the Glendora City Council has adopted Resolution ratifying the State of Emergency declared by Governor Newsom and reauthorized remote teleconference meetings of the legislative bodies of the City of Glendora for an additional 30-day period. To participate in the meeting from the comfort of your own home or office download Zoom on any phone or computer device and enter meeting ID# cityofglendora.org/zoom or https://zoom.us/j/9329247224.

All interested persons are invited to attend said hearing and express opinions relating to this matter.

The public may provide public comment live utilizing zoom, by emailing comments to [email protected] or by mailing correspondence to 116 E. Foothill Boulevard, Glendora, ATTN: City Clerk’s Department - Public Comment.

Pursuant to Government Code § 66016, related documents are on file for public inspection and copying for the cost of duplication starting Thursday, January 6, 2022 in the Office of the City Clerk, 116 E. Foothill Blvd, Glendora, California, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclusive of holidays or by calling (626) 914-8210.

If you challenge this action(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

Kathleen R. Sessman, MMC
City Clerk/Communications Director
Published San Gabriel Valley Examiner: Thursday, January 6, 2022 Thursday, January13, 2022
Item #6. Page 5
Meeting Date: 1/25/2022 / Packet Page #: 12
City of Glendora Minutes
City Council, Successor Agency
and Housing Authority
Tuesday, June 22, 2021
Zoom Video Communications
meeting ID# cityofglendora.org/zoom
In response to Executive Orders issued in 2020 by Governor Newsom brought on by the COVID-19 pandemic, the City began conducting its public meetings utilizing Zoom Video Communications. The teleconferenced meeting allowed the City to continue to conduct essential business and comply with Public Health Administration recommendations to protect the public and City employees, practice social distancing and limit exposure.

CALL TO ORDER
Mayor/Chair Davis called the REGULAR JOINT MEETING of the City Council, Successor Agency to the former Community Redevelopment Agency (CRA), and Housing Authority of the City of Glendora to order at 6:00 p.m. via Zoom Video Communications, meeting ID# cityofglendora.org/zoom.

ROLL CALL
Council Member/Commissioners present: Mayor Pro Tem/Vice Chair Gary Boyer, David Fredendall, Mendell L. Thompson, Mayor/Chair Karen K. Davis, and Michael Allawos Council Member/Commissioner absent: None
Staff Members present: City Manager/Executive Director Adam Raymond, Assistant City/Agency Attorney Lona Laymon , Public Works Director Allison Sweet, Assistant Public Works Director Michael Sledd, Administrative Services Director June Overholt, Community Services Director Jeff Kugel, Transportation Manager Steven Mateer, Assistant Director of Finance Kyle Johnson, Economic Development and Housing Manager Valerie Velasquez, Glendora Police Department Chief Matt Egan, City Clerk/Communications Director Kathleen Sessman, Deputy City Clerk/Records Manager Elvia Harvey Media Specialist Craig Gill, Media Specialist Greg Morton.

CLOSED SESSION
City Attorney Laymon read the agendized Closed Session titles into the record as follows:

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9 (d)(2) or (d)(3) & (e)(5) because there is a significant exposure to litigation in one (1) case. A copy of the written threat(s) of litigation from Hicks Trust is attached to this agenda listing.

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9(d)(4), because the City is considering whether to initiate litigation in one (1) case.

Item #7. Page 1
Meeting Date: 1/25/2022 / Packet Page #: 13
Minutes Tuesday, June 22, 2021 Page 2 of 8
Regular Joint Meeting City Council, Successor Agency, Housing Authority Mayor/Chair Davis invited public comment and inquired if any requests had been received.

Deputy City Clerk/Records Manager Harvey announced that no written correspondence and/or requests were received.

Mayor/Chair Davis convened the meeting into Closed Session at 6:03 p.m.

Mayor Davis adjourned Closed Session and reconvened the meeting back into Open Session at 6:27 p.m. and requested that Assistant City Attorney Laymon report out of Closed Session.

Assistant City Attorney Laymon stated that the City Council met in Closed Session with Legal Counsel to discuss two (2) items and reported the following: Item #1) A privileged and confidential briefing was held and there was a unanimous approval of a purchase and sale agreement to settle the dispute. Item #2) A privileged and confidential briefing was held to initiate a nuisance abatement process on a home on Brightview Drive and approved.

Mayor Davis recessed the meeting at 6:28 p.m. and reconvened the meeting back into Open Session at 7:00 p.m. with all Council Members present.

INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Pastor Mike Platter of Glendora Community Church The Pledge of Allegiance was led by Mayor Pro Tem Boyer.

STUDENT REPORTS - NONE

REORDERING OF AND ADDITIONS TO THE AGENDA - NONE

PUBLIC COMMENT

3. Public comments received prior to public meeting.

Mayor/Chair Davis OPENED the Public Comment period and inquired if any requests had been received to provide public comment.

Deputy City Clerk/Records Manager Harvey announced written correspondence and/or requests to provide comments were received from the following: Heather Maroj, Heidi Fortea, Rebecca Ugarte, Bethany Ugarte, Kari Shepherd, Kari Wruck, Jonathan Mickle, Joe Cina, and Representative from the National Council on Alcoholism and Drug Dependence of East San Gabriel and Pomona Valley’s Angelica Hernandez.

There were no additional requests received, and therefore, Mayor/Chair Davis CLOSED the Public Comment period.

MEMBER STATEMENTS/REPORTS
Item #7. Page 2
Meeting Date: 1/25/2022 / Packet Page #: 14
Minutes Tuesday, June 22, 2021 Page 3 of 8
Regular Joint Meeting City Council, Successor Agency, Housing Authority Mayor Pro Tem/Vice Chair Boyer reminded the community that the Alley Parking Community Meeting is scheduled for June 29, 2021 at 6:00 p.m.; responded to public comments made regarding employee complaints; invited the pubic to attend the Glendora Rotary’s Field of Heroes event from July 2, 2021 through July 5, 2021 and the next Glendora Summer Concert is Sunday, July 11 at 6:00 p.m.; and requested that staff provide a detailed update on Gold Line projects at a future Council meeting. Request was seconded by Council Member Thompson.

Council Member/Commissioner Allawos thanked Joe Cina for contributions to the community, and thanked staff for preparing the two-year budget.

Council Member/Commissioner Fredendall encouraged anyone interested in the alley parking issue to participate in town hall meeting scheduled for Tuesday, June 29, 2021 at 5:00 p.m. and wished everyone a safe 4th of July.

Council Member/Commissioner Thompson thanked staff for a successful Camp Cahuilla aka “Dirt Camp” and reminded community to be mindful of safety consideration during 4th of July celebrations.

CITY MANAGER AND CITY ATTORNEY STATEMENTS
City Manager Raymond reported on the alley parking community meeting and the notices sent out to Glendora residents.

SPECIAL ITEMS

4. Presentation by SGVCOG on Regional Housing Trust.

Staff report and PowerPoint was presented by San Gabriel Valley Council of Governments (SGVCOG) Executive Director Marisa Creter.

5. COVID-19: Reopening of the Economy Update.

Staff report and PowerPoint presentation was presented by City Manager Raymond.

PUBLIC HEARINGS

6. A Public Hearing to Consider a Joint Resolution Adopting the Two-Year Budget of the City of Glendora for Fiscal Years 2021-22 and 2022-23. (Strategic Plan Item 14 – IFSS) Mayor Davis read the title into the record and OPENED the Public Hearing.

Staff report and PowerPoint was presented by Administrative Services Director Overholt.

Mayor Davis invited public testimony and inquired if any requests had been received to provide testimony. Deputy City Clerk/Records Manager Harvey announced that there were no communications and/or requests received to provide testimony; therefore, Mayor Davis declared the Public Hearing CLOSED.

Item #7. Page 3
Meeting Date: 1/25/2022 / Packet Page #: 15
Minutes Tuesday, June 22, 2021 Page 4 of 8
Regular Joint Meeting City Council, Successor Agency, Housing Authority City Council discussed the City of Glendora’s fiscal position.

A motion was made by Council Member Thompson, seconded by Council Member Allawos, to 1) Adopt a Joint Resolution CC 2021-32, CC 2021-32 (SA), FN 2021-01, HA 2021-02 entitled, "A JOINT RESOLUTION ADOPTING THE BUDGET FOR THE CITY OF GLENDORA FOR FISCAL YEAR BEGINNING JULY 1, 2021, AND ENDING JUNE 30, 2022, AND ADOPTING THE TENTATIVE BUDGET PLAN FOR FISCAL YEAR BEGINNING JULY 1, 2022, AND ENDING JUNE 30, 2023."
An oral roll call vote was conducted, and the motion passed 5 - 0 as follows: AYES: Allawos, Fredendall, Thompson, Boyer, and Davis; NOES: None; ABSENT: None; ABSTAIN: None.

7. A Public Hearing to Consider a Resolution Establishing and Amending the Master Schedule of Fees for Service for The Fiscal Year 2021-22.

Mayor Davis read the title into the record and OPENED the Public Hearing.

Staff report and PowerPoint was presented by Assistant Director of Finance Johnson.

Mayor Davis invited public testimony and inquired if any requests had been received to provide testimony. Deputy City Clerk/Records Manager Harvey announced that there were no communications and/or requests received to provide testimony; therefore, Mayor Davis declared the Public Hearing CLOSED.

Mayor Davis declared the Public Hearing CLOSED.

City Council discussion included the Police Department booking fees and Library Department lowering the cost of copying, faxing, and scanning fees.

A motion was made by Council Member Allawos, seconded by Mayor Pro Tem Boyer, to 1) Adopt City Council Resolution CC 2021-33 entitled, “A RESOLUTION OF THE CITY

COUNCIL ESTABLISHING THE MASTER SCHEDULE OF FEES FOR SERVICE AND AMENDING CITYWIDE FEES FOR COST OF SERVICE FOR FISCAL YEAR 2021- 2022.” An oral roll call vote was conducted, and the motion passed 5 - 0 as follows: AYES: Allawos, Fredendall, Thompson, Boyer, and Davis; NOES: None; ABSENT: None; ABSTAIN: None.

CONSENT CALENDAR
Council Member/Commissioner Allawos pulled Item #12 for further discussion.

A motion was made by Council Member/Commissioner Allawos, seconded by Mayor Pro Tem /Vice Chair Boyer, to approve Consent Calendar Items #8 through #11 and #13 through #16.

An oral roll call vote was conducted, and the motion passed 5 - 0 as follows: AYES: Allawos, Fredendall, Thompson, Boyer, and Davis; NOES: None; ABSENT: None; ABSTAIN: None.

Item #7. Page 4
Meeting Date: 1/25/2022 / Packet Page #: 16
Minutes Tuesday, June 22, 2021 Page 5 of 8
Regular Joint Meeting City Council, Successor Agency, Housing Authority

8. Consideration of Resolutions Amending the Authorized Position Control Listing, the Classification and Compensation Plan, GMA MOU, AFSCME MOU and Executive Management Benefit Schedule. (Strategic Plan Items #22-EEDR, #25-EMO, #31-EMO) The City Council 1) Adopted City Council Resolution CC 2021-34 entitled, “A

RESOLUTION AMENDING THE AUTHORIZED POSITION CONTROL LISTING,

THE CLASSIFICATION AND COMPENSATION PLAN FOR THE CITY OF GLENDORA, THE 2019-2023 MEMORANDUM OF UNDERSTANDING WITH THE GLENDORA MANAGEMENT ASSOCIATION (GMA) AND THE 2019-2023

MEMORANDUM OF UNDERSTANDING WITH THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL 3915 (AFSCME);” and 2) Adopted City Council Resolution CC 2021-35, “A RESOLUTION AMENDING

THE EXECUTIVE MANAGEMENT BENEFIT SCHEDULE FOR EXECUTIVE MANAGEMENT CONTRACT EMPLOYEES FOR THE CITY OF GLENDORA.”

9. City Council, Successor Agency for the former Community Redevelopment Agency, and Housing Authority Minutes.

The City Council, Successor Agency to the former Community Redevelopment Agency (CRA), and Housing Authority affirmed the following minutes a) November 25, 2020 Special Meeting minutes. b) December 8, 2020 Special Meeting minutes. c) May 25, 2021 Regular Joint Meeting minutes. d) June 3, 2021 Special Meeting minutes. e) June 8, 2021 Special Joint Meeting minutes.

10. Warrants and Demands issued on June 4, 2021 and June 11, 2021.

The City Council, Successor Agency to the former Community Redevelopment Agency (CRA), and Housing Authority affirmed the following Warrants and Demands were received and filed as presented a) General Warrant Register dated 6/4/2021 in the amount of $598,507.50, b) Payroll EFT - P/E 5/30/2021 in amount of $553,981.50, and c) General Warrant Register dated 6/11/2021 in the amount of $506,558.13.

11. City of Glendora and Glendora Successor Agency Investment Report for May 2021.

The City Council and Successor Agency to the former Community Redevelopment Agency (CRA) 1) Awarded the Contract for Design of Water and Street Improvements for Bender, Carter, Et. Al., Plan No. 1327 to RKA Consulting Group, Inc. in the amount of $61,085.00; 2) Authorized the City Manager to execute Agreement; and 3) Authorized the Public Works Director to execute any necessary change order in an amount not to exceed 10% of the original contract amount.

13. Consideration of a Resolution Adopting Projects for the Road Maintenance and Rehabilitation Program for Fiscal Year 2021-22. (Strategic Plan Item 46-IMCIF) The City Council 1) Adopted City Council Resolution CC 2021-36 entitled, "A

RESOLUTION ADOPTING PROJECTS FOR THE ROAD MAINTENANCE AND REHABILITATION PROGRAM FOR FISCAL YEAR 2021-22 AND AUTHORIZE

EXPENDITURES FROM ROAD MAINTENANCE AND REHABILITATION
ACCOUNT (RMRA) FUNDS."
Item #7. Page 5
Meeting Date: 1/25/2022 / Packet Page #: 17
Minutes Tuesday, June 22, 2021 Page 6 of 8
Regular Joint Meeting City Council, Successor Agency, Housing Authority

14. Award the Contract for Design of Pedestrian Enhancement at Elementary Schools - HSIP Funded, Plan No. 1318 to JMDiaz, Inc. (Strategic Plan Item 46 - IMCIF) The City Council 1) Awarded the Contract for Design of Pedestrian Enhancement at Elementary Schools – HSIP Funded, Plan No. 1318 to JMDiaz, Inc. in the amount of $35,119.00; 2) Authorized the City Manager to execute Agreement; and 3) Authorized the Public Works Director to execute any necessary change order in an amount not to exceed 10% of the original contract amount.

15. Award of Contract for the Well and Pump Annual Maintenance Contract.

The City Council 1) Awarded the contract for the Well and Pump Annual Maintenance Contract to General Pump Company of San Dimas in the amount of $150,000.

16. Award the contract for Uniform Rental and Laundry Services UniFirst Corporation.

The City Council 1) Awarded a Contract Services Agreement for professional services for Uniform Rental and Laundry Services to UniFirst Corporation; and 2) Authorize the City Manager to execute the agreement and extensions if appropriate.

ITEMS PULLED FOR SEPARATE DISCUSSION

12. Approve Purchase of Fourteen (14) Umbrella Shades for Permanent Parklet Structures. (Strategic Plan Item 4 - ISED)
City Council discussion included clarification on the amount of encroachment permits requested for the parklet program; umbrella utilization; clarification on how the public and private space is delineated; specifications for umbrellas; desire to work with business and Business Improvement District (BID) on a cost sharing approach; and possible financing system if available.

A motion was made by Mayor Davis, seconded by Councilmember Fredendall, to 1) Approve the purchase of fourteen (14) commercial grade umbrellas from Outdoor Elegance in the amount of $37,453.45, and 2) Add an addendum to include guidelines for maintenance and to include that the City make the initial contribution for the coverings and have businesses take on the replacement and upkeep of the coverings.

An oral roll call vote was conducted, and the motion passed 3 - 2 as follows: AYES: Fredendall, Thompson, and Davis; NOES: Allawos, Boyer; ABSENT: None; ABSTAIN: None.

MEMBER AGENDA ITEMS - NONE

UNFINISHED BUSINESS

17. Award of Contract to West Coast Arborist, Inc. for Tree Maintenance Services.

Staff report and PowerPoint was presented by Assistant Director of Public Works Sledd.

City Council discussion included clarification on City’s preferred and not preferred type of trees list; the Urban Forestry Manual; and open space policy on trees.

Item #7. Page 6
Meeting Date: 1/25/2022 / Packet Page #: 18
Minutes Tuesday, June 22, 2021 Page 7 of 8
Regular Joint Meeting City Council, Successor Agency, Housing Authority A motion was made by Council Member Allawos, seconded by Council Member Thompson, to 1) Award West Coast Arborists, Inc. a contract for City Tree Maintenance Services for threeyears with two optional one-year extensions, in an annual amount not to exceed $567,000, under Glendora Municipal Code Section 2.40.050(4) regarding Cooperative Agreements; and 2) Authorize the City Manager to execute the initial contract and extensions.

An oral roll call vote was conducted, and the motion passed 5 - 0 as follows: AYES: Allawos, Boyer, Fredendall, Thompson, and Davis; NOES: NONE; ABSENT: None; ABSTAIN: None.

NEW BUSINESS

18. Consideration of a Resolution Approving Acquisition of Real Property Located at 1160 N. Glendora Ave. and Appropriation of $1,430,000 from the Water Operations Fund.

Staff report and PowerPoint was presented by Economic Development and Housing Manager Velasquez.

City Council discussion included thanks to the legal team and staff.

A motion was made by Council Member Allawos, seconded by Council Member Fredendall, to 1) Adopt Resolution CC 2021-37 entitled, "A RESOLUTION APPROVING AND

AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ACQUISITION OF REAL PROPERTY DESCRIBED AS 1160 NORTH GLENDORA AVENUE (ASSESSOR PARCEL NUMBERS 8636-015-017 and 8636-013-014) FROM GLENDA WOOD, Trustee of the GLENN H. HICKS AND GEORGIA LOUISE HICKS 1986 TRUST – DECEDENT’S SUBTRUST;” 2) Authorize the Glendora City Manager to execute the documents necessary to complete the acquisition of the property identified as APNs 8636-015-017 and 8636-013-014; and 3) Authorize the Administrative Services Director to make the necessary budget adjustment to appropriate $1,430,000 from the Water Operations Fund for the acquisition and all closing costs.

An oral roll call vote was conducted, and the motion passed 5 - 0 as follows: AYES: Allawos, Fredendall, Thompson, Boyer, and Davis; NOES: None; ABSENT: None; ABSTAIN: None.

19. Award the Contract for Design of Water and Street Improvements for St. Vladimir, Cossacks and Lawford, Plan 1328 to JMDiaz, Inc. (Strategic Plan Item 46-IMCIF) Staff report and PowerPoint was presented by Public Works Director Sweet.

City Council discussion included consideration of adding an additional entrance.

A motion was made by Council Member Fredendall, seconded by Council Member Allawos, to 1) Award the Contract for Design of Water and Street Improvements for St. Vladimir, Cossack, et. al. Plan No. 1328 to JMDiaz, Inc. in the amount of $48,000.00; and 2) Authorize the City Manager to execute Agreement.

An oral roll call vote was conducted, and the motion passed 5 - 0 as follows: AYES: Allawos, Fredendall, Thompson, Boyer, and Davis; NOES: None; ABSENT: None; ABSTAIN: None.

Item #7. Page 7
Meeting Date: 1/25/2022 / Packet Page #: 19
Minutes Tuesday, June 22, 2021 Page 8 of 8
Regular Joint Meeting City Council, Successor Agency, Housing Authority

MEMBER/STAFF CLOSING COMMENTS
Councilmembers Thompson, Allawos, and Fredendall wished everyone a happy and safe 4th of July.

ADJOURNMENT
Mayor/Chair Davis adjourned the meeting at 9:28 p.m.

Kathleen R. Sessman, MMC
City Clerk/Communication Director
Minutes were approved on __________________ by the City Council of the City of Glendora, with the City of Glendora acting as the Successor Agency to the Glendora Community Redevelopment Agency per ABx1 26, codified at Health & Safety Code §34173(a).

Item #7. Page 8
Meeting Date: 1/25/2022 / Packet Page #: 20
City of Glendora Minutes
City Council, Successor Agency
and Housing Authority
Tuesday, December 14, 2021
via Zoom Video
Communications meeting ID#
cityofglendora.org/zoom
In response to Executive Orders issued in 2020 by Governor Newsom brought on by the COVID-19 pandemic. The City began conducting its public meetings utilizing Zoom Video Communications. The teleconferenced meeting allowed the City to continue to conduct essential business and comply with Public Health Administration recommendations to protect the public and City employees, practice social distancing and limit exposure.

CALL TO ORDER
Mayor/Chair Davis called the REGULAR JOINT MEETING of the City Council, Successor Agency to the former Community Redevelopment Agency (CRA), and Housing Authority of the City of Glendora to order at 6:00 p.m. via Zoom Video Commination’s, meeting ID# cityofglendora.org/zoom.

ROLL CALL
Council Member/Commissioners present: Michael Allawos, David Fredendall, Mendell L.

Thompson, Mayor Pro Tem/Vice-Chair Gary Boyer, Mayor/Chair Karen K. Davis Council Member/Commissioners absent: None
Staff Members present: City Manager/Executive Director Adam Raymond, City/Agency Attorney William Wynder, Assistant City Manager Moises Lopez, Police Chief Matt Egan, Public Works Director Alison Sweet, Community Development Director Jeff Kugel, City Clerk/Communications Director Kathleen Sessman Assistant Human Resources Director Karen Resendez, Management Analyst Andrea Ampig, Assistant Director Public Works Michael Sledd, Transportation Manager Steven Mateer, Accounting Supervisor Brittany Aguilar, Assistant Director/Finance/Interim City Treasurer Kyle Johnson, Civil Engineering Assistant Marvin Carpio, Digital Media Specialist Craig Gill, Senior Digital Media Specialist Greg Morton, and Deputy City Clerk/Records Manager Elvia Harvey

CLOSED SESSION
City Attorney Wynder announced that of the three items agendized, only Items #1 and #2 will be discussed tonights and read said Closed Session titles into the record as follows:

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION A closed session will be held, pursuant to Government Code §54957 to conduct an employee performance evaluation for the position of City Attorney.

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9(d)(4), because the City is considering whether to initiate litigation in two (2) cases.

3. CONFERENCE WITH LABOR NEGOTIATOR – CANCELLED
Item #7. Page 9
Meeting Date: 1/25/2022 / Packet Page #: 21
Regular Meeting Tuesday, December 14, 2021 Page 2 of 11 City Council, Successor Agency and Housing Authority
A closed session will be held, pursuant to Government Code § 54957.6, with the City Manager, the City Attorney, and the Assistant Director - Human Resources, as the city negotiators, regarding labor negotiations with an unrepresented employee group – the Glendora City Council.

Mayor Davis invited public comment and inquired if any requests had been received. Deputy City Clerk/Records Manager Harvey announced that no written correspondence and/or requests were received.

Mayor Davis convened the meeting into Closed Session at 6:02 p.m.

Mayor Davis adjourned Closed Session and reconvened into Open Session at 6:51 p.m. with all members present and requested that City Attorney Wynder report out of Closed Session.

City Attorney Wynder reported that the City Council met in Closed Session with Legal Counsel at 6:02 p.m. to discuss two items and reported the following: Item #1) City Council met to conduct and concluded the City Attorney’s annual evaluation; Item #2) City Council and the City Attorney discussed the facts and circumstance of two potential cases and the City Council unanimously authorized one final last and final offer to avoid litigation.

Mayor Davis recessed the meeting at 6:53 p.m. for a short recess and reconvened the meeting at 7:02 p.m. with all members present.

INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Pastor Bruce Butler of Glendora Friends Church.

The Pledge of Allegiance was led by City Manager Raymond.

STUDENT REPORTS - NONE

REORDERING OF AND ADDITIONS TO THE AGENDA - NONE

PUBLIC COMMENT

4. Public Comments received
Mayor/Chair Davis OPENED the Public Comment period and inquired if any requests had been received to provide public comment.

Deputy City Clerk/Records Manager Harvey announced that written correspondence and/or requests to provide comments were received from the following: Delong Cen.

There was no one else wishing to provide comment; therefore, Mayor/Chair Davis CLOSED the Public Comment period.

MEMBER STATEMENTS/REPORTS
Council Member Thompson provided a Gold Line update; commented on the success of the Holiday Stroll and Christmas Parade; and urged resident to get vaccinated against COVID-19.

Item #7. Page 10
Meeting Date: 1/25/2022 / Packet Page #: 22
Regular Meeting Tuesday, December 14, 2021 Page 3 of 11 City Council, Successor Agency and Housing Authority
Council Member Allawos commented on the Christmas Parade; his attendance at the Daughters of the American Revolution Christmas Tea; and reported that the Los Angeles County Board of Supervisors Citizens Redistricting Committee will be adopting the final County District map and that Glendora will be in District 5.

Council Member Fredendall commented on the Holiday Stroll and Christmas Parade, and wished everyone a merry Christmas and Happy New Year.

Mayor Pro Tem Boyer commented on the success of the holiday events and expressed his appreciation for the event organizers.

Mayor Davis commented on holiday events and announced that tonight’s meeting would be adjourned in memory of resident Penny Paulus and spoke about her contributions to Glendora.

CITY MANAGER AND CITY ATTORNEY STATEMENTS
City Manager Raymond commented on a reported phone scam where Glendora residents are called by someone claiming to be a City employee demanding water bill payments and threating to turn off water service, he clarified that the City would not call residents to demand payment and residents should contact the City directly to verify any such claims; then reported that city crews are working on clearing street debris caused by the recent rainstorm.

City Attorney Wynder commented on his day trip to visit the Glendora Downtown during the holidays.

SPECIAL ITEMS

5. Presentation to Lt. James De Mond for 31 years of service and in recognition of his retirement.

A resolution and plaque from the City honoring retired Lieutenant James De Mond on his 31 years of service was presented. City Council Members and Police Chief Egan collectively thanked Lieutenant De Mond for his years of service and congratulated him on his well-deserved retirement.

6. COVID-19: Reopening of the Economy Update
The report was given by City Manager Raymond.

7. City of Glendora CalPERS Update
The updated was presented by Assistant Director of Finance Johnson and UFI Consultant Julio Morales.

City Council discussion included the City’s current CalPERS funding level and average funding levels of other cities; Pension Obligation Bonds and positive affect on meeting pension obligation; and City tax bills and credits.

8. Police Department Quarterly Update
Item #7. Page 11
Meeting Date: 1/25/2022 / Packet Page #: 23
Regular Meeting Tuesday, December 14, 2021 Page 4 of 11 City Council, Successor Agency and Housing Authority
The report was given by Police Chief Egan.

City Council discussion included outreach efforts with community-based organizations and Metrolink; reporting requirements for Racial and Identity Profiling Act (RIPA); and increased police presence throughout December to deter criminal activity.

PUBLIC HEARINGS

9. A Public Hearing to consider an Ordinance Amending the Glendora Municipal Code Regarding the Regulation of Short-term Rentals
CITY RECOMMENDATION: Open the Public Hearing, accept evidence and testimony presented and in the absence of substantial evidence to the contrary, consider the following: 1) Waive full reading, read by title only, and introduce for first reading Ordinance 2066 entitled, “AN ORDINANCE OF THE CITY COUNCIL AMENDING TITLE 21 (ZONING) SECTION 21.03.140 (SHORT-TERM RENTALS) OF THE

GLENDORA MUNICPAL CODE RELATING TO MAXIMUM OCCUPANCY
(PLN21-0040)."
Mayor Davis read the title into the record and OPENED the Public Hearing.

Staff report and PowerPoint was presented by Community Development Director Kugel.

Mayor Davis invited public testimony and inquired if any requests had been received to provide testimony. Deputy City Clerk/Records Manager Harvey announced that there were no communications and/or requests received to provide testimony; therefore, Mayor Davis declared the Public Hearing CLOSED.

City Council discussion included maximum number of occupants allowed; options for number of guests allowed and during what hours; clarification from City Manager Raymond that complaints on short term rentals (STR) has been minimal; use of accessory dwelling units as short-term rentals; and a desire for exterior signage on all permitted STR’s.

Mayor Pro Tem Boyer commented that he did not agree with the number of occupants and guests allowed and wanted the code to limit the number of occupants and guests at any one house to no more than ten people.

A motion was made by Council Member Fredendall, seconded by Council Member Allawos, to approve staff’s recommendation, with direction to staff to delete amended subsection 6 and 7, and adding text to indicate hours are between 7:00 a.m. – 10:00 p.m.

Council Member Thompson requested to amend the original motion to have the time changed to between 7:00 a.m. to 9:00 p.m. Council Member Fredendall and Council Member Allawos approved amendment.

Further discussion ensued about occupancy limits; current city noise ordinance being between 7:00 a.m. and 10:00 p.m.; and whether the City could limit the number of bedrooms, and size of bedrooms and what would need to be done.

Item #7. Page 12
Meeting Date: 1/25/2022 / Packet Page #: 24
Regular Meeting Tuesday, December 14, 2021 Page 5 of 11 City Council, Successor Agency and Housing Authority
An oral roll call vote was conducted, and the motion carried 4 - 1 as follows: AYES: Allawos, Fredendall, Thompson, Davis; NOES: Boyer; ABSENT: None; ABSTAIN: None.

City Attorney Wynder indicated the vote was a concept vote and that the action required by the City Council be to introduce for first reading the Ordinance as amended.

A motion was then made by Mayor Davis, seconded by Council Member Fredendall, to introduce for first reading Ordinance 2066 entitled, “AN ORDINANCE OF THE CITY COUNCIL AMENDING TITLE 21 (ZONING) SECTION 21.03.140 (SHORT-TERM RENTALS) OF THE GLENDORA MUNICPAL CODE RELATING TO MAXIMUM OCCUPANCY (PLN21-0040)" as amended striking out changes to section 6 and 7 and adding text indicating hours are between 7:00 a.m. – 9:00 p.m.

An oral roll call vote was conducted, and the motion carried 4 - 1 as follows: AYES: Allawos, Fredendall, Thompson, Davis; NOES: Boyer; ABSENT: None; ABSTAIN: None.

In closing, Council Member Thompson requested staff to provide further information on bedroom sizes and how that relates to the municipal code and building standards. City Manager Raymond commented that he would work with Director Kugel and send an internal memo to City Council with further information on current building codes and requirements.

CONSENT CALENDAR
Council Member/Commissioner Allawos requested to pull Item #14 for separate discussion.

A motion was made by Council Member/Commissioner Allawos, seconded by Council Member/Commissioner Fredendall, to approve consent calendar Items #10 through #13 and Items #15 through #20 as presented.

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Allawos, Fredendall, Thompson, Boyer, Davis; NOES: None; ABSENT: None; ABSTAIN: None.

10. City Council, Successor Agency for the former Community Redevelopment Agency, and Housing Authority Minutes
The City Council, Successor Agency for the former Community Redevelopment Agency, and Housing Authority affirmed the following minutes: a) October 26, 2021 Regular Joint Meeting minutes, b) November 9, 2021 Special Meeting minutes.

11. Warrants and Demands issued on October 29, 2021, November 5, 2021, November 12, 2021, November 19, 2021, and November 26, 2021.

The City Council, City Council and Housing Authority affirmed the following Warrants and Demands were received and filed as presented: a) General Warrant Register dated 10/29/2021 in the amount of $396,153.37, b) General Warrant Register dated 11/05/2021 in the amount of $849,432.75, c) Payroll EFT - P/E 10/31/2021 in the amount of $556,838.66, d) General Warrant Register dated 11/12/2021 in the amount of $323,368.09, e) General Warrant Register dated 11/19/2021 in the amount of $853,980.22, f) Payroll EFT - P/E 11/14/2021 in the amount of $570,731.13, and g) General Warrant Register dated 11/26/2021 in the amount of $2,017,081.01.

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12. City of Glendora and Glendora Successor Agency Investment Report for October 2021 The City Council and Successor Agency for the former Community Redevelopment Agency received and filed the Investment Report for October 2021.

13. Adopt a Resolution Re-Authorizing Remote Teleconference Meetings of the Legislative Bodies for the City of Glendora for the 30-Day period beginning December 31, 2021 through January 28, 2022 pursuant to the Ralph M. Brown Act and AB 361 The City Council 1) Adopted City Council Resolution CC 2021-56 entitled, “A RESOLUTION

OF THE CITY COUNCIL 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 GLENDORA FOR THE 30-DAY PERIOD BEGINNING December 31, 2021 THROUGH January 28, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND AB 361.”

15. Allocate funds for Citywide WiFi Project (Strategic Plan Item 47-IMCIF) The City Council 1) Authorized the allocation of WiFi project funding in the amount of $65,000; and 2) Authorized Administrative Services, Finance Division to make any necessary budgetary adjustments.

16. Second Reading and Adoption of Ordinance 2060 Approving a Zone Change and establishment of site-specific development standards related to the recently approved Medical Office Building project located at 210 S. Grand Avenue and 412 W. Carroll Avenue, Glendora, CA (Project No. PLN17-0039)
The City Council 1) Waived full reading, read by title only, and adopted on second reading Ordinance 2060 entitled, “AN ORDINANCE APPROVING A ZONE CHANGE ON THREE PARCELS, A, B AND C, FROM COMMERCIAL (C-3) WITH A HEIGHT OVERLAY (H), COMMERCIAL (C-3), AND MEDICAL SERVICES (MS) TO PLANNED

REDEVELOPMENT AND ESTABLISHING SITE SPECIFIC DEVELOPMENT

STANDARDS AND PERMITTED USES ON CERTAIN PROPERTY ZONED PLANNED REDEVELOPMENT AND LOCATED AT 210 S. GRAND AVENUE AND 412 W. CARROLL AVENUE, GLENDORA, CALIFORNIA (PROJECT NO. PLN17-0039); COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT”.

17. Second Reading and Adoption of an Ordinance Setting Specific Regulations for Organic Waste Disposal Reduction, Recycling and Solid Waste Collection and Recycling Programs The City Council 1) Waived full reading, read by title only, and adopted on second reading Ordinance No. 2064 entitled, “AN ORDINANCE OF THE CITY COUNCIL ADDING CHAPTER 6.10 TO TITLE 6 (“HEALTH AND SANITATION”) OF THE GLENDORA MUNICIPAL CODE, ENTITLED “SPECIFIC REGULATIONS FOR ORGANIC WASTE

DISPOSAL REDUCTION, RECYCLING, AND SOLID WASTE COLLECTION AND RECYCLING PROGRAMS,” TO ENACT REGULATIONS IN COMPLIANCE WITH SENATE BILL (SB) 1383 FOR THE IMPLEMENTATION OF FOOD AND ORGANICS

RECYCLING AND RELATED SOLID WASTE AND RECYCLING PROCESSING AND Item #7. Page 14
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REPORTING; ADOPTION OF AN EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”

18. Award the Contract for Design Services for Preparation of Grand Avenue and Bennett Avenue Traffic Signal Modification, Plan No. 1351 to General Technologies and Solutions (GTS) LLC. in the amount of $34,645 (STRATEGIC PLAN ITEM 46 - IMCIF) The City Council 1) Awarded the Contract for Design Services to prepare Traffic Signal Modification Plans to General Technologies and Solutions (GTS) LLC, in the amount of $34,645; 2) Authorized City Manager to execute the Agreement; and 3) Authorized the Public Works Director to execute any necessary change orders in an amount not to exceed 10% of the original contract amount.

19. Award the Contract for Design of Water and Street Improvements for Bennett Ave, Washington Ave, Westridge Ave, and Bender Ave to Onward Engineering in the amount of $134,488 (Strategic Plan Item 46- IMCIF)
The City Council 1) Awarded the Contract for Design of Water and Street Improvements for Bennet Ave, Washington Ave, Westridge Ave, and Bender Ave. to Onward Engineering in the amount of $134,488; 2) Authorized the City Manager to execute Agreement; and 3) Authorized the Director Public Works to execute any necessary change orders in an amount not to exceed 10% of the original contract amount.

20. Approve a new 2021-2026 Master On-Call Consultant List For Professional Services The City Council 1) Approved the 2021-2026 Master On-Call Consultant List, comprised of professional consultants, for use in procuring professional services for any project within the City’s Adopted Capital Improvement Program (CIP) and Land Development projects in which services shall not exceed the maximum amount of $150,000 per fiscal year for each consultant, as set forth in the Master On-Call Consultant List; 2) Authorized the City Manager to enter two-year On-Call Professional Services Agreements, with three one-year extensions subject to City Council approval, with all recommended consulting companies on behalf of the City; and 3) Authorized the Public Works Director to approve Task Orders under the On-Call Professional Service Agreements, contingent upon available funding.

CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION

14. Second reading and adoption of Ordinance 2065 adopting draft maps and the redrawing of Glendora City Council Election District Boundaries (Redistricting 2020) (STRATEGIC PLAN ITEM 26 - EMO)
CITY RECOMMENDATION: 1) Waive full reading, read by title only, and adopt on second reading Ordinance 2065 entitled, “AN ORDINANCE OF THE CITY COUNCIL

REDRAWING COUNCILMANIC DISTRICT MAPS, CONFIRMING SUCH REVISED

COUNCILMANIC DISTRICT BOUNDARIES, AS REFLECTED ON THE ATTACHED MAP (REDISTRICTING 2020)."
Council Member Allawos requested the following change to the Ordinance language Section 4 to reflect that council members will represent all council districts:

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SECTION 4. While City Council Members will continue to be elected by the residents within the five districts, there is a desire by the the individual City Council members will to continue to represent the entire city and represent people and not by district geography.

Council discussion included a review of the current ordinance language in Section 4; agreement that Council is already operating under that assumption; and clarification from City Attorney Wynder that requested language is declarative, where the original language is aspirational.

A motion was made by Council Member Allawos, seconded by Mayor Pro Tem Boyer, to 1) Waive full reading, read by title only, and adopt on second reading Ordinance 2065 entitled, “AN

ORDINANCE OF THE CITY COUNCIL REDRAWING COUNCILMANIC DISTRICT MAPS,

CONFIRMING SUCH REVISED COUNCILMANIC DISTRICT BOUNDARIES, AS REFLECTED ON THE ATTACHED MAP (REDISTRICTING 2020)" with requested changes to section 4.

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Allawos, Fredendall, Thompson, Boyer, Davis; NOES: None; ABSENT: None; ABSTAIN: None.

MEMBER AGENDA ITEMS - NONE

UNFINISHED BUSINESS - NONE

NEW BUSINESS

21. Fill unscheduled vacancy on Business Improvement District (BID) Advisory Board (Office No. 2; Term Expires: June 30, 2023)
CITY RECOMMENDATION: 1) Provide direction on appointing applicants to fill an unscheduled vacancy on the Business Improvement District (BID) Advisory Board (Office No. 2; Term Expires: June 30, 2023).

The report was given by City Clerk/Communications Director Sessman.

A motion was made by Council Member Allawos, seconded by Council Member Thompson, to approve Option 1. Dispense with the formal interview and balloting procedure and appoint Don Nolan, Glendora Eatery to fill the unscheduled vacancy on the BID Advisory Board, Office No. 2 with a term expiring June 30, 2023.

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Allawos, Fredendall, Thompson, Boyer, Davis; NOES: None; ABSENT: None; ABSTAIN: None.

22. Consider Joining in the National Opioid Litigation Settlement Agreement CITY RECOMMENDATION: 1) Approve the Settlement Participation Form for the City’s participation in the National Opioid Settlement with McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation; 2) Approve the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds - Distributor Settlement; 3) Approve the 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 Item #7. Page 16
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Pharmaceutica, Inc.; 4) Approve the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds - Janssen Settlement; 5) Adopt a City Council Resolution entitled “A RESOLUTION AUTHORIZING THE CITY OF GLENDORA TO

ENTER INTO THE SETTLEMENT AGREEMENTS WITH MCKESSON
CORPORATION, CARDINAL HEALTH, INC., AMERISOURCEBERGEN

CORPORATION, JOHNSON AND JOHNSON, JANSSEN PHARMACEUTICALS, INC., ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC., AND JANSSEN PHARMACEUITCA, INC., TO AGREE TO TERMS OF THE STATE-SUBDIVISION

AGREEMENTS ALLOCATING SETTLEMENT PROCEEDS, AND TO AUTHORIZE

ENTRY INTO THE STATE-SUBDIVISION AGREEMENTS WITH THE ATTORNEY GENERAL"; 6) Authorize the City Manager and City Attorney to execute the documents identified in Recommendation Nos. 1 through 4; and 7) Authorize the City Manager and City Attorney 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 (as necessary and applicable).

Staff report was given by City Attorney Wynder.

City Council discussion included a review of the settlement agreement; option to accept the agreement or having settlement funds given to the county; reporting requirement for retaining the City’s share of the settlement; and clarification that funds being received will not be known for months and that the city has the ability to decide at a later date to have the County use the settlement funds on County run programs.

A motion was made by Council Member Thompson, seconded by Council Member Allawos, to 1) Approve the Settlement Participation Form for the City’s participation in the National Opioid Settlement with McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation; 2) Approve the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds - Distributor Settlement; 3) Approve the 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.; 4) Approve the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds - Janssen Settlement; 5) Adopt City Council Resolution CC 2021-57 entitled “A RESOLUTION AUTHORIZING THE CITY OF GLENDORA TO ENTER INTO THE

SETTLEMENT AGREEMENTS WITH MCKESSON CORPORATION, CARDINAL HEALTH, INC., AMERISOURCEBERGEN CORPORATION, JOHNSON AND JOHNSON, JANSSEN PHARMACEUTICALS, INC., ORTHO-MCNEIL-JANSSEN
PHARMACEUTICALS, INC., AND JANSSEN PHARMACEUITCA, INC., TO AGREE TO

TERMS OF THE STATE-SUBDIVISION AGREEMENTS ALLOCATING SETTLEMENT

PROCEEDS, AND TO AUTHORIZE ENTRY INTO THE STATE-SUBDIVISION AGREEMENTS WITH THE ATTORNEY GENERAL"; 6) Authorize the City Manager and City Attorney to execute the documents identified in Recommendation Nos. 1 through 4; and 7) Authorize the City Manager and City Attorney 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 (as necessary and applicable) with an option for the city to elect to retain its share of the settlement.

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Allawos, Fredendall, Thompson, Boyer, Davis; NOES: None; ABSENT: None; ABSTAIN: None.

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23. Update on Landscape Maintenance District No.1 Ballot Potential (Strategic Plan Item 7- IFSS)
CITY RECOMMENDATION: 1) Direct staff on whether to conduct a Proposition 218 assessment district ballot proceeding for zones removed after the FY2018/19 ballot measure; 2) If directing staff to proceed, direct staff on which zones to ballot 2, 11, 15; and 3) Authorize the Administrative Services Finance Division to make the necessary budget appropriations.

Staff report and PowerPoint was presented by Landscape/Contracts Supervisor Miller.

City Council discussion included overview of landscape maintenance districts; which zones are owned by the City; which zones are willing to pay; and whether some zones could be absorbed into neighboring properties.

A motion was made by Council Member Allawos, seconded by Council Member Thompson, to 1) Direct staff on whether to conduct a Proposition 218 assessment district ballot proceeding for zones removed after the FY2018/19 ballot measure; 2) Direct staff to proceed to ballot zones 2, 11, 15; and 3) Authorize the Administrative Services Finance Division to make the necessary budget appropriations.

Mayor Pro Tem Boyer expressed concern with the lack of response from the district and that the district as a whole may be unwilling to pay the district fees.

Further discussion ensued regarding whether any residents in these zones could assist in gathering input from homeowners on interest in participating; possibility of cost estimates from the City to better determine cost to homeowners in these zones; maintenance schedule for zone 11 owned by the City; whether there is information on ownership for other zones not being serviced; and a desire for more information on zone ownership, resident interest, and cost.

A substitute motion was made by Mayor Pro Tem Boyer, seconded by Council Member Fredendall, to table the item to a date certain of February 22, 2022 Council Meeting to receive further information on maintenance zone ownership, conditions of approval and other pertinent information.

An oral roll call vote was conducted on substitute motion, and the motion carried 4 - 1 as follows:

AYES: Fredendall, Thompson, Boyer, Davis; NOES: Allawos; ABSENT: None; ABSTAIN:

None.

MEMBER/STAFF CLOSING COMMENTS
Council Members, City Manager, and City Attorney wished residents a Happy Holidays.

ADJOURNMENT
Mayor/Chair Davis adjourned the meeting at 9:54 p.m. I memory of Penny Paulus Item #7. Page 18
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Kathleen R. Sessman, MMC
City Clerk/Communication Director
Minutes were approved on __________________ by the City Council of the City of Glendora, with the City of Glendora acting as the Successor Agency to the Glendora Community Redevelopment Agency per ABx1 26, codified at Health & Safety Code §34173(a).

Item #7. Page 19
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City of Glendora Minutes
City Council, Successor Agency
and Housing Authority
Tuesday, January 11, 2022
via Zoom Video Communications
meeting ID# cityofglendora.org/zoom
In response to Executive Orders issued in 2020 by Governor Newsom brought on by the COVID-19 pandemic. The City began conducting its public meetings utilizing Zoom Video Communications. The teleconferenced meeting allowed the City to continue to conduct essential business and comply with Public Health Administration recommendations to protect the public and City employees, practice social distancing and limit exposure.

CALL TO ORDER
Mayor/Chair called the REGULAR JOINT MEETING of the City Council, Successor Agency to the former Community Redevelopment Agency (CRA), and Housing Authority of the City of Glendora to order at 6:00 p.m. via Zoom Video Commination’s, meeting ID# cityofglendora.org/zoom.

ROLL CALL
Council Member/Commissioners present: Michael Allawos, David Fredendall, Mendell L.

Thompson, Mayor Pro Tem/Vice-Chair Gary Boyer, Mayor/Chair Karen K. Davis Council Member/Commissioners absent: None
Staff Members present: City Manager/Executive Director Adam Raymond, City/Agency Attorney William Wynder, Assistant City Manager Moises Lopez, Administrative Services Director Marie Ricci, Police Chief Matt Egan, Public Works Director Alison Sweet, Community Development Director Jeff Kugel, City Clerk/Communications Director Kathleen Sessman Assistant Human Resources Director Karen Resendez, Transportation Manager Steven Mateer, Accounting Supervisor Brittany Aguilar, Digital Media Specialist Craig Gill, Senior Digital Media Specialist Greg Morton, and Deputy City Clerk/Records Manager Elvia Harvey

CLOSED SESSION
City Attorney Wynder read the agendized Closed Session title into the record as follows:

1. PUBLIC EMPLOYEE APPOINTMENT
A closed session will be held, pursuant to Government Code § 54957, to consider ratification of the City Manager's appointment to the position of Director of Information Technology.

Mayor Davis invited public comment and inquired if any requests had been received. City Clerk/Communications Director Sessman announced that no written correspondence and/or requests were received.

Mayor Davis convened the meeting into Closed Session at 6:02 p.m.

Mayor Davis adjourned Closed Session and reconvened into Open Session at 6:18 p.m. with all members present and requested that City Attorney Wynder report out of Closed Session.

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City Attorney Wynder stated that a Closed Session was held to discuss on one (1) Closed Session item and reported the following actions: Item #1) The City Council met to consider filling the position of Director of Information Technology where the appointment is made by the City Manager and ratified by City Council. The City Council unanimously ratified the appointment.

Mayor Davis recessed the meeting at 6:19 p.m. and reconvened the meeting at 7:00 p.m. with all members present.

INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Pastor Devries of Glendora Community Church.

The Pledge of Allegiance was led by Mayor Pro Tem/Vice Chair Boyer.

STUDENT REPORTS - NONE

REORDERING OF AND ADDITIONS TO THE AGENDA - NONE

PUBLIC COMMENT

2. Public Comments received
Mayor/Chair Davis OPENED the Public Comment period and inquired if any requests had been received to provide public comment. Deputy City Clerk/Records Manager Harvey announced that no written correspondence and/or requests to provide comments were received. Therefore, Mayor/Chair Davis CLOSED the Public Comment period.

MEMBER STATEMENTS/REPORTS
Council Member Thompson provided a Gold Line video update.

Council Member Allawos commented on his and Council Member Fredendall, Mayor Pro Tem Boyer, and Mayor Davis’ attendance at a Cub Scout event and congratulated the Cub Scouts from troop 491 for achieving their “Arrow of Light” merit badge.

Council Member Fredendall echoed kudos to the Cub Scouts for their achievement and commented on the vandalism that occurred at the Finkbiner Park bathrooms.

Mayor Pro Tem Boyer wished everyone a Happy New Year; gave an update on the drought conditions and reminded residents to continue to conserve water; and presented an update on Foothill Transit and commented on the staff shortages due to COVID, which were resulting in longer waits for bus service.

Mayor Davis announced that tonight’s meeting would be adjourned in honor of longtime resident Marcia Conway and spoke on the deceased accomplishments and service to the community.

CITY MANAGER AND CITY ATTORNEY STATEMENTS - NONE

SPECIAL ITEMS
Item #7. Page 21
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3. COVID-19: Reopening of the Economy Update
City Manager Raymond provided an update on COVID-19 Health Orders and announced that the City would be pausing the Youth Baseball Program for two weeks due to COVID-19 health orders.

PUBLIC HEARINGS - NONE

CONSENT CALENDAR
Council Member/Commissioner Allawos requested Administrative Services Director Ricci present a report on Item #5 for public awareness.

Administrative Services Director Ricci commented that the report was a new more detailed report than the previous “Warrants and Demands” report that will be included as an agenda item on a regular basis.

A motion was made by Council Member/Commissioner Allawos, seconded by Council Member/Commissioner Thompson, to approve Consent Calendar Items #4 through #8 as presented.

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Allawos, Fredendall, Thompson, Boyer, and Davis; NOES: None; ABSENT: None; ABSTAIN: None.

4. Affirm minutes from November 9, 2021 Regular Joint Meeting, November 16, 2021 Special Joint Water Commission Meeting, and November 30, 2021 Special meeting The City Council/Agency/Authority affirmed minutes as presented.

5. Review and affirm disbursements for December 2021 in the amount of $4,740,085 The City Council/Agency/Authority affirmed the following: 1. Disbursements for December 2021 in the amount of $4,740,085.

6. City of Glendora and Glendora Successor Agency Investment Report for November 2021 The City Council/Agency received and filed the report.

7. Approve a contract with the County of Los Angeles to increase Measure H Funding for Homeless Services in the amount of $53,500
The City Council 1. Authorized the City Manager to sign a contract with the County of Los Angeles to increase our Measure H Funding; 2. Authorized the Administrative Services Director to appropriate $53,500 for the Measure H Grant; and 3. Authorized the City Manager to sign an Amendment to the Union Station Homeless Services agreement in the amount of $53,500.

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8. Second Reading and Adoption of and Ordinance Amending the Glendora Municipal Code Regarding the Regulation of Short-term Rentals (Strategic Plan Item 37-EMO) The City Council waived full reading, read by title only and adopted on second reading Ordinance 2066 entitled, "AN ORDINANCE OF THE CITY COUNCIL AMENDING TITLE 21 (ZONING) SECTION 21.03.140 (SHORT-TERM RENTALS) OF THE

GLENDORA MUNICIPAL CODE RELATING TO MAXIMUM OCCUPANCY
(PLN21-0040)."

MEMBER AGENDA ITEMS

9. Resolution Establishing City Council Benefits
CITY RECOMMENDATION: 1. Adopt a City Council entitled “A RESOLUTION ESTABLISHING CITY COUNCIL BENEFITS”; and 2. Approve an additional appropriation from General Fund Reserves in the amount of $17,500 and Water Operations Reserves in the amount of $9,000
Staff report was presented by City Manager Raymond.

City Council discussion included clarification that the 457-retirement account for government employers is equivalent to a private company 401k; and that there is no cash value to the benefits for the City Council.

A motion was made by Council Member/Commissioner Fredendall, seconded by Council Member/Commissioner Thompson, to 1. Adopt City Council Resolution CC 2022-01 entitled “A RESOLUTION OF THE CITY COUNCIL ESTABLISHING CITY COUNCIL BENEFITS”; and

2. Approve an additional appropriation from General Fund Reserves in the amount of $17,500 and Water Operations Reserves in the amount of $9,000
An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Allawos, Fredendall, Thompson, Boyer, and Davis; NOES: None; ABSENT: None; ABSTAIN: None.

10. Consider the potential placement of a measure on the ballot related to Senate Bill 10 (Weiner, 2021)
Staff report was presented by City Attorney Wynder.

City Council discussion included clarification that SB10 is intended to increase density; pros and cons of utilizing a City Ordinance versus a ballot measure to limit the bill; clarification that the Bill stipulates these units per parcel allowances for properties within ½ mile from “transit rich areas”; and that a ballot measure would be an amendment to the State Constitution related to land use and a would not currently be in the best interest to the City as the bill may have future amendments.

A motion was made by Council Member/Commissioner Allawos, seconded by Council Member/Commissioner Fredendall, to 1. Direct staff to follow the measure through the legislature and report back and 2. Receive and file the report.

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An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Allawos, Fredendall, Thompson, Boyer, and Davis; NOES: None; ABSENT: None; ABSTAIN: None.

UNFINISHED BUSINESS

11. Authorize the Purchase of Three (3) 2021 MobilityTRANS Vans (Class V) Replacement Vehicles from Creative Bus Sales, Chino, CA for a total purchase cost of $202,620 (Strategic Plan Item #54-IMCF)
CITY RECOMMENDATION: 1. Approve a Purchase Order for Three (3) 2021 MobilityTRANS Vans (Class V) from Creative Bus Sales in the amount of $202,620; 2.

Approve the supplemental appropriation from Fund 209-Prop A Transit Reserves in the amount of $26,518; and 3. Authorize the City Manager or his designee, to execute the purchase order with Creative Bus Sales, including making minor and non-substantive changes.

Staff report was presented by Transportation Manager Mateer.

City Council discussion included clarification that demonstration vehicles are not available as the manufacturer is in Canada; that the current electric vehicle option is cost prohibitive; that one City transit vehicle is approved to become an electric vehicle; the preferred vendor for charging equipment; city transit involvement in homeless services; and that the electric vehicle approved a year ago is expected to be delivered between March and April.

A motion was made by Council Member/Commissioner Allawos, seconded by Council Member/Commissioner Thompson, to 1. Approve a Purchase Order for Three (3) 2021 MobilityTRANS Vans (Class V) from Creative Bus Sales in the amount of $202,620; 2. Approve the supplemental appropriation from Fund 209-Prop A Transit Reserves in the amount of $26,518; and 3. Authorize the City Manager or his designee, to execute the purchase order with Creative Bus Sales, including making minor and non-substantive changes.

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Allawos, Fredendall, Thompson, Boyer, and Davis; NOES: None; ABSENT: None; ABSTAIN: None.

NEW BUSINESS

12. A Resolution Approving an Amendment to the Authorized Position Control Listing and the Classification and Compensation Plan for the City of Glendora to Include Director of Information Technology Classification.

CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled, "A

RESOLUTION APPROVING AN AMENDMENT TO THE AUTHORIZED POSITION

CONTROL LISTING AND AMENDING THE CLASSIFICATION AND

COMPENSATION PLAN FOR THE CITY OF GLENDORA TO INCLUDE
INFORMATION TECHNOLOGY DIRECTOR CLASSIFICATION”; and 2. Approve the addition of one Full Time Equivalent (FTE) position to the Information Technology Division.

Staff report was presented by City Manager Raymond.

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City Council, Successor Agency and Housing Authority
There were no questions or discussion from the City Council.

A motion was made by Council Member/Commissioner Thompson, seconded by Council Member/Commissioner Allawos, to 1. Adopt City Council Resolution CC 2022-02 entitled, "A

RESOLUTION APPROVING AN AMENDMENT TO THE AUTHORIZED POSITION

CONTROL LISTING AND AMENDING THE CLASSIFICATION AND COMPENSATION

PLAN FOR THE CITY OF GLENDORA TO INCLUDE INFORMATION TECHNOLOGY DIRECTOR CLASSIFICATION”; and 2. Approve the addition of one Full Time Equivalent (FTE) position to the Information Technology Division.

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Allawos, Fredendall, Thompson, Boyer, and Davis; NOES: None; ABSENT: None; ABSTAIN: None.

13. Annual Comprehensive Financial Report for Fiscal Year ended June 30, 2021 CITY/AGENCY RECOMMENDATION: 1. Receive and file the Annual Comprehensive Financial Report for fiscal year ending June 30, 2021.

Staff report was presented by Accounting Manager Aguilar and City Auditor Consultant Frances Kuo of the Pun Group, LLP.

City Council discussion included the City’s reserves at 45% contributing to Glendora’s triple A bond rating; and collective kudos to the Finance staff and Accounting Manager Aguilar for the report.

A motion was made by Council Member/Commissioner Allawos, seconded by Council Member/Commissioner Thompson to receive and file the Annual Comprehensive Financial Report for fiscal year ending June 30, 2021.

MEMBER/STAFF CLOSING COMMENTS
Council Member Thompson thanked everyone who worked within the Gold Line construction restrictions, and urged residents support local businesses and to practice patience with merchants affected by staff shortages due to COVID-19.

City Manager Raymond commented on the vandalism to the Finkbiner Park bathrooms and announced that a future agenda item would be brought before City Council to fix Finkbiner Park bathrooms as well as recommend additional improvements to other City Parks.

ADJOURNMENT
Mayor/Chair Davis adjourned the meeting at 8:40 p.m. in honor of Marcia Conway.

Kathleen R. Sessman, MMC
City Clerk/Communication Director
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City Council, Successor Agency and Housing Authority
Minutes were approved on __________________ by the City Council of the City of Glendora, with the City of Glendora acting as the Successor Agency to the Glendora Community Redevelopment Agency per ABx1 26, codified at Health & Safety Code §34173(a).

Item #7. Page 26
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 25, 2022
FROM: FINANCE DISTRICT(S): CITYWIDE
SUBJECT: RECEIVE AND FILE THE MONTHLY INVESTMENT ACTIVITY REPORT FOR DECEMBER 2021

RECOMMENDATION
That the City/Agency/Authority Council:

1. Receive and file the Monthly Investment Activity Report for December 2021.

EXECUTIVE SUMMARY
For December 2021, the book value of cash and investments for the City totaled $109,680,347. This is an increase of $2,962,508 (+2.8%) compared to the previous month. The increase is mainly due to the receipt of the City’s first property tax payment from Los Angeles County for the fiscal year of approximately $3,303,900.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Pursuant to Section 19 of the City’s Fiscal Year (FY) 2021-22 Investment Policy, a monthly investment report must be provided to the City Council to provide a clear picture of the status of the current portfolio.

DISCUSSION
As prescribed in the Investment Policy for FY 2022, Attachment A-November 2021 Investment Report provides a listing of individual securities held at the end of the reporting period by authorized investment category, the average life and final maturity of all investments listed, coupon rate, earnings rate, Par Value, Market Value and Book Value of each investment in the portfolio, including funds managed for the City by third parties.

In December, one NCUSIF Insured CD was called and resulted in a gain of $2,395. Investment purchases for the month of December included one Federal Agency Coupon Security in the amount of $2,000,000.

No other securities were called, matured or purchased.

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ENVIRONMENTAL DETERMINATION
Not applicable.

Prepared By Kyle Johnson, Assistant Director - Finance
Reviewed By Marie Ricci, Administrative Services Director/City Treasurer Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
Item #8. Page 1
Meeting Date: 1/25/2022 / Packet Page #: 39
Staff Report Page 2 of 2
ATTACHMENTS:

A. December 2021 Investment Report
Item #8. Page 2
Meeting Date: 1/25/2022 / Packet Page #: 40
Item #8. Page 3
Meeting Date: 1/25/2022 / Packet Page #: 41
Description Par Value Market Value Book Value
Unrealized
Gain/(Loss)
Average
Yield*
Available Cash $ 2,689,696.28 $ 2,689,696.28 $ 2,689,696.28 $ - 0.190% Managed Pool Accounts 13,742,842.43 13,742,842.43 13,742,842.43 - 0.212% Corporate Bonds 29,734,000.00 30,032,131.52 30,836,302.27 (804,170.75) 1.870% NCUSIF Insured (CD's) 3,148,000.00 3,198,913.01 3,181,055.59 17,857.42 2.053% FDIC Insured (CD's) 17,232,000.00 17,362,533.44 17,232,000.00 130,533.44 1.632% Federal Agency Securities 39,000,000.00 38,440,360.00 38,998,450.00 (558,090.00) 0.668% Supranational Securities 3,000,000.00 2,965,130.00 3,000,000.00 (34,870.00) 1.063% Totals $ 108,546,538.71 $ 108,431,606.68 $ 109,680,346.57 $ (1,248,739.89) 1.140% - - -
*Before unrealized gains or losses
1,016,940.00

CITY OF GLENDORA INVESTMENT REPORT

SUMMARY OF CASH AND INVESTMENTS
December 31, 2021
Available
Cash,
$2,689,696,
2% Managed Pool
Accounts,
$13,742,842,
12%
Corporate
Bonds,
$30,836,302,
28%
FDIC Insured
(CD's),
$17,232,000,
16%
NCUSIF
Insured (CD's),
$3,181,056,
3%
Federal
Agency
Securities,
$38,998,450,
36%
Supranational
Securities
$3,000,000,
3%
Investments Type
-1%
4%
9%
14%
19%
24%
29%
34%
< 12 MOS. 13-24 MOS. 25-36 MOS. 37-48 MOS. 49-60 MOS.
19%
5%
14%
40%
22%
30%
5%
15%
25% 25%

PERCENTAGE TO TOTAL

DURATION OF MATURITY
Maturity Distribution
Target Comparison
December 31, 2021
Target
Item #8. Page 4
Meeting Date: 1/25/2022 / Packet Page #: 42
Issuer / Market Maturity Book Acquisition Days to Yield to Security Par Amount Coupon Value Date Value Price Maturity Maturity

AVAILABLE CASH
Bank of America Gen. Checking 2,689,696.28 0.190% 2,689,696.28 2,689,696.28 0.190% Total Available Cash $ 2,689,696.28 $ 2,689,696.28 $ 2,689,696.28 0.190% Percentage of Portfolio 2.48% 2.45%

MANAGED POOL ACCOUNTS
LAIF - City 13,742,842.43 0.212% 13,742,842.43 13,742,842.43 0.212% Total Managed Pool Accounts $ 13,742,842.43 $ 13,742,842.43 $ 13,742,842.43 0.212% Percentage of Portfolio 12.67% 12.53%
1,000,000.00 1.625% 983,730.00 01/15/25 1,000,000.00 100.00 1,111 1.625% International Fin Co 2,000,000.00 0.500% 1,981,400.00 05/15/26 2,000,000.00 100.00 1,596 0.500% Total - Supranational Securities $ 3,000,000.00 $ 2,965,130.00 $ 3,000,000.00 1,354 1.063% Percentage of Portfolio 2.73% 2.74%

CORPORATE BONDS
Amazon.Com Inc 1,000,000.00 0.800% 988,560.00 06/03/25 1,004,820.00 100.48 1,250 0.800% Caterpillar Finl Svcs Corp 2,026,000.00 1.450% 2,031,895.66 05/15/25 2,096,403.50 103.48 1,231 1.450% Charles Schwab Corp 2,000,000.00 0.900% 1,950,440.00 03/11/26 1,989,860.00 99.49 1,531 0.900% Comcast Corp Sr Nt 1,000,000.00 3.375% 1,068,810.00 08/15/25 1,119,070.00 111.91 1,323 3.375% Deere John Cap Corp Mtns 1,124,000.00 2.050% 1,154,898.76 01/09/25 1,192,968.64 106.14 1,105 2.050% Deere John Cap Corp Mtns 2,000,000.00 0.700% 1,939,440.00 01/15/26 2,003,900.00 100.20 1,476 0.700% Du Pont Ei Nemours 2,141,000.00 1.700% 2,156,350.97 07/15/25 2,206,750.11 103.07 1,292 1.700% Honeywell Intl Inc 1,122,000.00 2.300% 1,159,295.28 08/15/24 1,181,005.98 105.26 958 2.300% IBM Corp 1,664,000.00 3.000% 1,738,214.40 05/15/24 1,802,727.68 108.34 866 3.000% Intel Corp 1,054,000.00 3.400% 1,120,349.30 03/25/25 1,187,605.04 112.68 1,180 3.400% JP Morgan Chase & Co 1,017,000.00 3.125% 1,067,880.51 01/23/25 1,109,852.10 109.13 1,119 3.125% JP Morgan Chase & Co 1,200,000.00 0.800% 1,160,124.00 02/26/26 1,200,000.00 100.00 1,518 0.800% Mastercard Inc 2,000,000.00 2.000% 2,050,460.00 03/03/25 2,082,640.00 104.13 1,158 2.000% Microsoft Corp 1,000,000.00 2.700% 1,045,940.00 02/12/25 1,094,370.00 109.44 1,139 2.700% Morgan Stanley Fin LLC 2,000,000.00 1.050% 1,959,540.00 08/27/26 2,000,000.00 100.00 1,700 1.050% Target Corp 2,000,000.00 2.250% 2,061,080.00 04/15/25 2,132,300.00 106.62 1,201 2.250% Toyota Motor Mtn 2,000,000.00 0.625% 1,972,580.00 09/13/24 1,988,920.00 99.45 987 0.625% Truist Bank 1,386,000.00 2.150% 1,427,912.64 12/06/24 1,438,349.22 103.78 1,071 2.150% UnitedHealth Group 2,000,000.00 1.150% 1,978,360.00 05/15/26 2,004,760.00 100.24 1,596 1.150% Total - Corporate Bonds $ 29,734,000.00 $ 30,032,131.52 $ 30,836,302.27 1,247 1.870% Percentage of Portfolio 27.70% 28.11%
NCUSIF INSURED CERTIFICATE OF DEPOSITS (CD's)
Citadel Fed Cr Un Exton PA 245,000.00 1.650% 250,431.65 02/27/25 245,000.00 100.00 1,154 1.650% Connexus Credit Union 245,000.00 0.300% 242,354.00 05/28/24 245,000.00 100.00 879 0.300% First Technology Federal CRE 245,000.00 2.400% 249,811.80 12/15/22 245,000.00 100.00 349 2.400% Greenstate Cr Un North 245,000.00 0.950% 242,569.60 04/16/26 245,000.00 100.00 1,567 0.950% Keesler Federal Credit Union 245,000.00 3.040% 245,590.45 01/31/22 245,000.00 100.00 31 3.040% Knoxville TVA 245,000.00 2.400% 249,988.20 12/29/22 245,000.00 100.00 363 2.400% Money One Fed Cred Union 248,000.00 2.000% 255,792.16 09/23/24 262,255.04 105.75 997 2.000%

CITY OF GLENDORA INVESTMENT REPORT

SCHEDULE OF CASH AND INVESTMENTS
December 31, 2021

SUPRANATIONAL SECURITIES
Intl Finance Corp
Item #8. Page 5
Meeting Date: 1/25/2022 / Packet Page #: 43
Issuer / Market Maturity Book Acquisition Days to Yield to Security Par Amount Coupon Value Date Value Price Maturity Maturity

CITY OF GLENDORA INVESTMENT REPORT

SCHEDULE OF CASH AND INVESTMENTS
December 31, 2021
Mountain Amer FED CR UN WEST 245,000.00 2.400% 249,623.15 11/30/22 245,000.00 100.00 334 2.400% Neighbors FCU Baton Rouge LA 245,000.00 3.300% 256,554.20 09/28/23 245,000.00 100.00 636 3.300% San Francisco Fed Cr Un Cali 245,000.00 1.100% 246,131.90 03/27/25 245,000.00 100.00 1,182 1.100% University of Iowa Community Credit Union 245,000.00 3.000% 253,266.30 04/28/23 245,000.00 100.00 483 3.000% USAlliance Fed Cr Union 245,000.00 0.500% 239,837.85 09/29/25 245,000.00 100.00 1,368 0.500% Vystar Credit Union 205,000.00 3.650% 216,961.75 12/11/23 223,800.55 109.17 710 3.650% Total - NCUSIF Insured CD's $ 3,148,000.00 $ 3,198,913.01 $ 3,181,055.59 773 2.053% Percentage of Portfolio 2.95% 2.90%
FDIC INSURED CERTIFICATE OF DEPOSITS (CD's)
Ann Arbor ST 245,000.00 2.750% 252,352.45 04/20/23 245,000.00 100.00 475 2.750% Allegiance Bank TX Houston 245,000.00 2.150% 248,381.00 09/29/22 245,000.00 100.00 272 2.150% American Commerce Bank 245,000.00 0.400% 238,999.95 09/22/25 245,000.00 100.00 1,361 0.400% American Express Centrn 245,000.00 2.350% 248,091.90 08/08/22 245,000.00 100.00 220 2.350% Bank Hapoalim 245,000.00 0.500% 239,085.70 12/15/25 245,000.00 100.00 1,445 0.500% Bank of New England Salem New Hampshire 245,000.00 2.850% 256,206.30 02/15/24 245,000.00 100.00 776 2.850% Bank3 Memphis Tenn 245,000.00 0.400% 239,242.50 08/28/25 245,000.00 100.00 1,336 0.400% BankUnited Natl Assn 245,000.00 0.950% 242,677.40 03/31/26 245,000.00 100.00 1,551 0.950% Barclays Bank 245,000.00 2.250% 247,778.30 07/26/22 245,000.00 100.00 207 2.250% Bay State Savings Bank 245,000.00 1.700% 250,005.35 11/29/23 245,000.00 100.00 698 1.700% Bell St Bk & Tr Fargo N D 245,000.00 1.650% 250,051.90 02/27/25 245,000.00 100.00 1,154 1.650% BMO Harris Bk 245,000.00 0.800% 241,253.95 03/18/26 245,000.00 100.00 1,538 0.800% BMW Bank of North America 245,000.00 2.150% 245,619.85 02/17/22 245,000.00 100.00 48 2.150% Capital One Bk USA 245,000.00 1.150% 243,307.05 11/24/26 245,000.00 100.00 1,789 1.150% Capital One NA 245,000.00 1.150% 243,307.05 11/24/26 245,000.00 100.00 1,789 1.150% Celtic Bank Salt Lake City Utah 245,000.00 3.030% 253,555.40 05/18/23 245,000.00 100.00 503 3.030% Centerstate Bk Fla Na Winter 245,000.00 1.000% 245,181.30 04/30/25 245,000.00 100.00 1,216 1.000% Chambers Bank 108,000.00 0.400% 105,361.56 09/22/25 108,000.00 100.00 1,361 0.400% Citizens St Bk Clayton WIS 219,000.00 1.700% 224,161.83 10/31/24 219,000.00 100.00 1,035 1.700% City Bank National Association 245,000.00 2.850% 252,359.80 03/29/23 245,000.00 100.00 453 2.850% City National Bank 245,000.00 2.100% 246,901.20 05/31/22 245,000.00 100.00 151 2.100% Commercial Bank Harrogate Tennessee 245,000.00 3.100% 253,998.85 05/25/23 245,000.00 100.00 510 3.100% Community Bk Lexington Tenn 245,000.00 0.400% 239,264.55 08/26/25 245,000.00 100.00 1,334 0.400% Communitywide DCU South Bend 245,000.00 2.250% 253,942.50 06/28/24 245,000.00 100.00 910 2.250% Discover Bank 245,000.00 2.250% 245,624.75 02/15/22 245,000.00 100.00 46 2.250% Dollar BK Federal Savings 245,000.00 2.050% 245,820.75 03/08/22 245,000.00 100.00 67 2.050% Encore Bk Little Rock Ark 245,000.00 0.800% 243,481.00 05/15/25 245,000.00 100.00 1,231 0.800% Enerbank USA 245,000.00 0.650% 242,870.95 06/19/25 245,000.00 100.00 1,266 0.650% Item #8. Page 6
Meeting Date: 1/25/2022 / Packet Page #: 44
Issuer / Market Maturity Book Acquisition Days to Yield to Security Par Amount Coupon Value Date Value Price Maturity Maturity

CITY OF GLENDORA INVESTMENT REPORT

SCHEDULE OF CASH AND INVESTMENTS
December 31, 2021
Enterprise Bank NA NB 245,000.00 2.150% 249,042.50 11/28/22 245,000.00 100.00 332 2.150% Fall Riv Five Cents Savings 245,000.00 2.600% 246,215.20 03/16/22 245,000.00 100.00 75 2.600% First Bank Highland 245,000.00 2.100% 247,163.35 06/21/22 245,000.00 100.00 172 2.100% First Carolina Bank 245,000.00 0.600% 242,819.50 06/26/25 245,000.00 100.00 1,273 0.600% First National Bank McGregor Texas 245,000.00 2.850% 256,270.00 02/21/24 245,000.00 100.00 782 2.850% First National Bank Syracuse KS 245,000.00 1.850% 251,688.50 08/30/24 245,000.00 100.00 973 1.850% First St BK Dequeen ARK 245,000.00 1.800% 251,365.10 08/30/24 245,000.00 100.00 973 1.800% Flagstar Bk Fsb Troy Mich 245,000.00 1.050% 245,583.10 04/30/25 245,000.00 100.00 1,216 1.050% Gold Coast BK 245,000.00 2.600% 251,232.80 02/28/23 245,000.00 100.00 424 2.600% Goldman Sachs BK USA 245,000.00 2.950% 252,952.70 04/18/23 245,000.00 100.00 473 2.950% Home Ln Invt Bk F S B Warwick 245,000.00 0.400% 239,232.70 08/29/25 245,000.00 100.00 1,337 0.400% Home Savings Bank Salt Lake City 245,000.00 2.850% 256,169.55 02/12/24 245,000.00 100.00 773 2.850% Horizon Bk Waverly Neb 245,000.00 1.300% 247,638.65 04/15/25 245,000.00 100.00 1,201 1.300% Industrial & Coml Bank 245,000.00 2.150% 246,318.10 04/12/22 245,000.00 100.00 102 2.150% JP Morgan Chase BK Na 245,000.00 0.700% 241,626.35 09/30/25 245,000.00 100.00 1,369 0.700% Live Oak Bkg Co Wilmington 245,000.00 0.800% 240,104.90 08/13/26 245,000.00 100.00 1,686 0.800% Mchenry Svgs Bk 245,000.00 1.750% 251,142.15 11/29/24 245,000.00 100.00 1,064 1.750% Mechanics Coop BK Taunton 245,000.00 2.550% 250,818.75 02/06/23 245,000.00 100.00 402 2.550% Mercantile Bank MI Grand Rapid 245,000.00 2.100% 246,986.95 06/07/22 245,000.00 100.00 158 2.100% Medallion Bk 245,000.00 0.550% 240,815.40 07/30/25 245,000.00 100.00 1,307 0.550% Merrick Bk South Jordan Utah 245,000.00 1.650% 249,691.75 10/31/23 245,000.00 100.00 669 1.650% Morgan Stanley BK N A UTAH 245,000.00 2.650% 250,752.60 01/11/23 245,000.00 100.00 376 2.650% Morgan Stanley PVT BK 245,000.00 2.000% 252,617.05 08/22/24 245,000.00 100.00 965 2.000% Morton Community Bank 245,000.00 0.600% 242,878.30 06/19/25 245,000.00 100.00 1,266 0.600% New York Cmnty Bk Westbury 245,000.00 0.700% 239,387.05 07/01/26 245,000.00 100.00 1,643 0.700% Pacific Crest Svgs Bk Lynnwo 245,000.00 1.200% 246,788.50 04/30/25 245,000.00 100.00 1,216 1.200% Pacific Westn Bk Ca 245,000.00 1.350% 248,025.75 04/16/25 245,000.00 100.00 1,202 1.350% Peoples United Bank 245,000.00 2.050% 245,477.75 02/08/22 245,000.00 100.00 39 2.050% Prime Alliance Bank 245,000.00 3.200% 254,861.25 06/29/23 245,000.00 100.00 545 3.200% Raymond James Bk Natl Assn 245,000.00 1.800% 251,455.75 11/08/24 245,000.00 100.00 1,043 1.800% Sallie Mae Bank 245,000.00 2.350% 246,156.40 03/22/22 245,000.00 100.00 81 2.350% Savoy Bank New York NY 245,000.00 0.800% 243,493.25 05/13/25 245,000.00 100.00 1,229 0.800% Somerset Tr Co PA 245,000.00 1.000% 245,387.10 03/19/25 245,000.00 100.00 1,174 1.000% Spring Bank Bronx NY 245,000.00 2.750% 252,443.10 04/27/23 245,000.00 100.00 482 2.750% State Bk India New York NY 245,000.00 0.900% 242,211.90 03/25/26 245,000.00 100.00 1,545 0.900% Stockman Bank 245,000.00 0.600% 245,220.50 06/10/25 245,000.00 100.00 1,257 0.600% Synchrony Bank 245,000.00 2.300% 245,766.85 02/24/22 245,000.00 100.00 55 2.300% Texas Exchange Bank 245,000.00 0.600% 238,887.25 10/23/25 245,000.00 100.00 1,392 0.600% Third Fed Svgs & Ln Assn 245,000.00 1.950% 252,528.85 11/25/24 245,000.00 100.00 1,060 1.950% Toyota Finl Svgs Bk Hend Nv 245,000.00 0.900% 242,023.25 04/22/26 245,000.00 100.00 1,573 0.900% UBS Bank USA Salt Lake City 245,000.00 0.850% 241,099.60 06/16/26 245,000.00 100.00 1,628 0.850% Webbank Salt Lake 245,000.00 0.350% 242,652.90 05/28/24 245,000.00 100.00 879 0.350% Wells Fargo Natl Bk West Las 245,000.00 1.850% 248,655.40 12/30/22 245,000.00 100.00 364 1.850% Total - FDIC Insured CD's $ 17,232,000.00 $ 17,362,533.44 $ 17,232,000.00 881 1.632% Item #8. Page 7
Meeting Date: 1/25/2022 / Packet Page #: 45
Issuer / Market Maturity Book Acquisition Days to Yield to Security Par Amount Coupon Value Date Value Price Maturity Maturity

CITY OF GLENDORA INVESTMENT REPORT

SCHEDULE OF CASH AND INVESTMENTS
December 31, 2021

FEDERAL AGENCY COUPON SECURITIES
Federal Home Loan Bank 1,000,000.00 0.530% 980,080.00 07/23/25 998,500.00 99.85 1,300 0.530% Federal Home Loan Bank 2,000,000.00 0.500% 1,989,920.00 03/30/26 2,000,000.00 100.00 1,550 0.500% Federal Home Loan Bank* 2,000,000.00 0.500% 1,985,260.00 06/30/26 2,000,000.00 100.00 1,642 0.500% Federal Home Loan Bank* 2,000,000.00 0.749% 1,977,480.00 06/30/26 2,000,000.00 100.00 1,642 0.749% Federal Home Loan Bank 1,000,000.00 1.950% 1,001,070.00 01/19/24 1,000,000.00 100.00 749 1.950% Federal Home Loan Bank 2,000,000.00 0.500% 1,977,080.00 08/26/26 2,000,000.00 100.00 1,699 0.500% Federal Home Loan Bank 2,000,000.00 0.625% 1,963,100.00 06/30/25 2,000,000.00 100.00 1,277 0.625% Federal Home Loan Bank 2,000,000.00 0.730% 1,981,480.00 05/28/25 2,000,000.00 100.00 1,244 0.730% *Step-up investment
Total - Federal Home Loan Bank $ 14,000,000.00 $ 13,855,470.00 $ 13,998,500.00 1,388 0.76% Percentage of Portfolio 12.78% 12.76%
Federal Farm Credit Bank 2,000,000.00 0.710% 1,967,280.00 04/21/25 2,000,000.00 100.00 1,207 0.710% Federal Farm Credit Bank 2,000,000.00 0.680% 1,970,980.00 05/19/25 2,000,000.00 100.00 1,235 0.680% Federal Farm Credit Bank 2,000,000.00 0.600% 1,958,340.00 06/16/25 2,000,000.00 100.00 1,263 0.600% Federal Farm Credit Bank 2,000,000.00 0.610% 1,959,460.00 05/23/25 2,000,000.00 100.00 1,239 0.610% Federal Farm Credit Bank 2,000,000.00 0.970% 1,998,580.00 12/09/24 2,000,000.00 100.00 1,074 0.970% Federal Farm Credit Bank 2,000,000.00 0.210% 1,982,920.00 12/21/23 2,000,000.00 100.00 720 0.210% Federal Farm Credit Bank 2,000,000.00 0.440% 1,980,360.00 09/23/24 2,000,000.00 100.00 997 0.440% Federal Farm Credit Bank 2,000,000.00 0.940% 1,967,300.00 09/28/26 2,000,000.00 100.00 1,732 0.940% Federal Farm Credit Bank 2,000,000.00 0.660% 1,960,720.00 09/15/25 2,000,000.00 100.00 1,354 0.660% Federal Farm Credit Bank 2,000,000.00 0.600% 1,951,320.00 11/24/25 2,000,000.00 100.00 1,424 0.600% Total - Federal Farm Credit Bank $ 20,000,000.00 $ 19,697,260.00 $ 20,000,000.00 1,225 0.64% Percentage of Portfolio 18.17% 18.23%
Federal National Mortgage Assn 1,000,000.00 0.500% 976,930.00 08/14/25 999,950.00 100.00 1,322 0.500% Federal National Mortgage Assn 2,000,000.00 0.540% 1,954,060.00 10/27/25 2,000,000.00 100.00 1,396 0.540% Federal National Mortgage Assn 2,000,000.00 0.560% 1,956,640.00 11/17/25 2,000,000.00 100.00 1,417 0.560% Total - Federal National Mortgage Assn $ 5,000,000.00 $ 4,887,630.00 $ 4,999,950.00 100.00 1,378 0.53% Percentage of Portfolio 4.51% 4.56%
Total - Federal Agency Coupon Sec. $ 39,000,000.00 $ 38,440,360.00 $ 38,998,450.00 100.00 998 0.668% Percentage of Portfolio 35.45% 35.56%

TOTAL CITY CASH & INVESTMENTS $ 108,546,538.71 $ 108,431,606.68 $ 109,680,346.57 101.04 1178 1.140% Percentage of City Cash & Investments 100.00% 100.00%
*Step-up investment
Item #8. Page 8
Meeting Date: 1/25/2022 / Packet Page #: 46
Issuer / Market Maturity Book Acquisition Days to Yield to Security Par Amount Coupon Value Date Value Price Maturity Maturity

CITY OF GLENDORA INVESTMENT REPORT

SCHEDULE OF CASH AND INVESTMENTS
December 31, 2021

INVESTMENTS HELD BY THIRD PARTIES (TRUSTEES)
2009 A Pension Obligation Bonds
- Wilmington Trust 3.34 3.34 3.34
2016 A Water Bonds (A/C #253877-000)
- US Bank 0.02 0.02 0.02
2003A Tax Allocation Bonds (A/C #94683700)
- US Bank - - -
2006 Tax Allocation Bonds (A/C #793516000)
- US Bank 68.87 68.87 68.87
2019 Pension Obligation Bonds (A/C #218400000)
- US Bank 1.03 1.03 1.03
Total - Investments Held by Trustees $ 73.26 $ 73.26 $ 73.26 GRAND TOTAL $ 108,546,611.97 $ 108,431,679.94 $ 109,680,419.83 Item #8. Page 9
Meeting Date: 1/25/2022 / Packet Page #: 47
Issuer / Market Maturity Book Acquisition Days to Yield to Security Par Amount Coupon Value Date Value Price Maturity Maturity

CITY OF GLENDORA INVESTMENT REPORT

SCHEDULE OF CASH AND INVESTMENTS
December 31, 2021
Verification of Totals Shares/Units Held Market Value Cost Basis Bank of America $ 2,689,696.28 $ 2,689,696.28 $ 2,689,696.28 LAIF $ 13,742,842.43 $ 13,742,842.43 $ 13,742,842.43
**First Empire/Stifel $ 245,000.00 $ 246,156.40 $ 245,000.00 US Bank - government $ 39,000,000.00 $ 38,440,360.00 $ 38,998,450.00 US Bank - corporate $ 49,869,000.00 $ 50,347,421.57 $ 51,004,357.86 US Bank - supranational securities $ 3,000,000.00 $ 2,965,130.00 $ 3,000,000.00 Total US Bank $ 91,869,000.00 $ 91,752,911.57 $ 93,002,807.86 Total City Cash & Investments $ 108,546,538.71 $ 108,431,606.68 $ 109,680,346.57 Total City Cash & Investments Held by City 108,546,538.71 108,431,606.68 $ 109,680,346.57 Variance $ - $ - $ -
Item #8. Page 10
Meeting Date: 1/25/2022 / Packet Page #: 48

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 25, 2021
FROM: CITY CLERK DISTRICT(S): CITYWIDE
SUBJECT: ADOPT A RESOLUTION RE-AUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF THE LEGISLATIVE BODIES FOR THE CITY OF GLENDORA FOR THE 30-DAY PERIOD BEGINNING JANUARY 29, 2022 THROUGH FEBRUARY 28, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND AB 361

RECOMMENDATION
That the City Council:

1. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL RERATIFYING 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 GLENDORA FOR THE 30-DAY PERIOD BEGINNING JANUARY 29, 2022 THROUGH FEBRUARY 28, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND AB 361.”

EXECUTIVE SUMMARY
Each month at a City Council meeting, the City Council must consider and adopt Resolutions ratifying the State of Emergency by Governor Newsom and reauthorize remote teleconference meetings of the legislative bodies of the City of Glendora for an additional 30-day period in accordance with the requirements of AB 361. In order to continue online meetings pursuant to AB 361 (Attachment B), the City Council would need to adopt the attached resolution (Attachment C) every 30-days and make specific findings in support of continuing remote meetings.

BACKGROUND
During early March 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Orders N-25-20, N-29-20, N-35-20 (collectively, the Brown Act Orders), which, among other things, suspended the provisions of the Brown Act expressly or impliedly requiring the physical presence of Council Members, staff, or the public at local agency meetings (Numbered 1 through 6, above) and specifically allowed for Legislative Bodies (City Council, Commissions, Committees, etc.) to hold meetings entirely virtually with no physical meeting place. These changes made it feasible and safer for Brown Act bodies to meet remotely, with meeting participants joining virtual platforms such as Zoom or WebEx, for the continued conduct of the government’s business during the pandemic in order to comply with public health orders.

In the interest of health and safety, on March 24, 2020, the City Council ratified and continued an Emergency Proclamation of the Existence of a Local Emergency Issued by the Director of Emergency Services/City Manager (which remains in effect today) and began conducting public meetings virtually with no central physical location where members of the body, staff and the public can gather; this has been the sole means for conducting meetings of all public bodies subject to the Brown Act. To ensure public access, the meetings are being broadcasted live on Spectrum Cable TV Channel 3 and Verizon Channel 31, the City Website Item #9. Page 1
Meeting Date: 1/25/2022 / Packet Page #: 49
Staff Report Page 2 of 3
www.cityofglendora.org/citymeetings, YouTube at https://www.youtube.com/cityofglendoraca, and on the Media Center at https://www.cityofglendora.org/departments-services/television-andmedia. The various ways for members of the public to participate are outlined on the first page of every agenda (in person, virtually, email, phone call, mail and etc).

On June 11, 2021, Governor Newsom issued Executive Order N-08-21 which states that the provisions in Executive Order N-29-20 suspending certain elements of the Brown Act will continue to apply through September 30, 2021 which means that the City would no longer be able to hold entirely virtual meetings starting October 1, 2021.

On September 16, 2021 Governor Newsom signed AB 361, which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the Brown Act Orders.

This pending expiration of the Brown Act Orders and the enactment of AB 361 created ambiguity as to whether cities are required to comply with the requirements of the Brown Act Orders or the requirements of AB 361. To provide clarification, the Governor issued Executive Order N-15-21 (Attachment A) on September 20, 2021, explaining that cities may continue to hold meetings in accordance with the Brown Act Orders until September 30, or they may hold meetings in accordance with the requirements of AB 361 (Attachment B).

Pursuant to Assembly Bill 361, starting at the September 28, 2021 City Council meeting, and again at its October 26, 2021,November 9, 2021 and December 14, 2021 City Council meetings the City Council has considered and unanimously adopted resolutions ratifying the State of Emergency by Governor Newsom and reauthorize remote teleconference meetings of the legislative bodies for a 30-day period or until such time as the City Council adopts a subsequent resolution in accordance with Government Code § 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

On November 10, 2021 Governor Newsom issued Executive Order N-21-21 which extended the State of Emergency in California due to the COVID-19 pandemic through March 31, 2022.

DISCUSSION
In order to continue to conduct virtual meetings, the City Council is required to make specific findings in support of continuing remote meetings every 30-days by adopting a Resolution, the legislative body must make findings by majority vote on the circumstances of the applicable state of emergency and find either:

1. The state of emergency continues to directly impact the ability of its members to safely meet in person; or

2. That state or local officials continue to impose or recommend COVID-19 infection protocols that impact the quality of Brown Act meetings.

Since City Council regular meetings for November 23, 2021 and December 21, 2021 were cancelled due to the 2021 holiday season, a resolution (Attachment C) that will allow for the City of Glendora to continue online meetings from December 31, 2021 through January 28, 2022 is being presented to the City Council for consideration and action tonight but will go into effect starting December 31, 2021 and will be in effect for 30-days, or such time as the City Council adopts a subsequent resolution in accordance with Government Code § 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

Item #9. Page 2
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Staff Report Page 3 of 3
Safety Measures at Public Meetings
All Brown Act meetings are subject to COVID-19 infection protocols set forth by the Federal Government, State of California, County of Los Angeles, and any local rules put in place.

Essentially, the Federal Government and State of California set the ceiling for allowance activities, the County sets the floor, and the City can set the basement. To date, the City of Glendora has not implemented any further COVID-19 restrictions and/or infection protocols above and beyond those implemented in the County of Los Angles.

As of this report, the in-person Brown Act meetings conducted in the State of California require that all non-vaccinated individuals wear a face covering while indoors; both visitors and participants. However, in Los Angeles County, the Department of Public Health has issued a more restrictive Health Officer Order, which would require all participants and visitors of Brown Act meetings to wear face coverings, regardless of vaccination status.

These and other recommended and/or required infection protocols create four main areas of concern with transitioning to any of the module that has an in-person component:

1. Wearing Masks During Meetings. Detrimental to the quality, clarity and the volume of speech and can make it difficult to be understand and to tell who is speaking.

2. Quality of Recording

3. Public Access

4. Room Capacity Limits. The Council Chamber capacity is 89, pre-covid Chamber layout utilized 63 chairs for audience. While additional capacity limits remain unknown, to allow for some additional distancing between rows and/or chairs staff is anticipating that a reduction of chairs by more than 25% (removal of 16 chairs) would be implemented when public meeting return to the Council Chamber.

5. Vaccination/Non-Vaccination protocols.

FISCAL IMPACT
There is no fiscal impact associated with the recommendations in this report.

ENVIRONMENTAL DETERMINATION
There is no CEQA impacts associated with the recommendations in this report.

Prepared By Elvia Harvey, Deputy City Clerk
Reviewed By Kathleen Sessman, City Clerk/Communications Director Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved by Adam Raymond, City Manager
Legal Review William Wynder, City Attorney

ATTACHMENTS
A. Executive Order N-15-21
B. AB 361
C. Resolution
D. Executive Order N-21-21
Item #9. Page 3
Meeting Date: 1/25/2022 / Packet Page #: 51

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-15-21
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and
WHEREAS on June 11, 2021, I issued Executive Order N-08-21 to roll back certain provisions of my COVID-19-related Executive Orders and to clarify that other provisions remained necessary to help California respond to, recover from, and mitigate the impacts of the COVID-19 pandemic; and
WHEREAS Paragraph 42 of Executive Order N-08-21 waived and set forth certain requirements related to public meetings of local legislative and state bodies, and specified that it would be valid through September 30; and WHEREAS on September 16, 2021, I signed into law Assembly Bill 361 (AB 361) , which pertains to the same subject matter as Paragraph 42 of Executive Order N-08-21, which took effect immediately pursuant to an urgency clause, and which may, in some instances, have different substantive provisions than the provisions contained in Paragraph 42 of Executive Order N-08-21; and WHEREAS it is necessary to provide clarity around the applicable procedures governing meetings of local legislative and state bodies until Paragraph 42 of Executive Order N-08-21 expires to further mitigate the impacts of the COVID-19 pandemic as the state continues to reopen and to ensure that critical governmental functions are not interrupted.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. The provisions governing teleconference meetings in Education Code section 89305.6, Government Code section 11133, and subdivision (e) of Government Code section 54953 are suspended through
September 30, 2021, except that any local legislative body that meets to take a majority vote pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Government Code section 54953 shall conduct the meeting at which such vote is taken as required by paragraph (2) of subdivision (e) of Government Code section 54953. Except as otherwise specified in this paragraph, the requirements related to public meetings of local legislative and state bodies specified in Paragraph 42 of Executive Order N-08-21 shall continue to govern such meetings through September 30, 2021 .

2. This Order shall expire at 11 :59 p.m. on October 1, 2021.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

Item #9. Page 4
Meeting Date: 1/25/2022 / Packet Page #: 52
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 20th
day of September 2021 .

GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, Ph.D.

Secretary of State
Item #9. Page 5
Meeting Date: 1/25/2022 / Packet Page #: 53
Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1)  Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly

92 Item #9. Page 6
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resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.
92 Ch. 165 — 2 —
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This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body.
(2)  Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3)  Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 — 3 — Ch. 165
Item #9. Page 8
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to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4)  This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.
(5)  This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6)  The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7)  Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8)  This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a)  Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 Ch. 165 — 4 —
Item #9. Page 9
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and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b)  (1)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the legislative body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c)  A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
92 — 5 — Ch. 165
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(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website.
(f)  All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a)  Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b)  (1)  For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the state body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c)  A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 Ch. 165 — 6 —
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or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.
(f)  All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
92 — 7 — Ch. 165
Item #9. Page 12
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54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
92 Ch. 165 — 8 —
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(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)  The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B)  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)  A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)  The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 — 9 — Ch. 165
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In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C)  The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D)  In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)  The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F)  Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G)  (i)  A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii)  A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii)  A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 Ch. 165 — 10 —
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(3)  If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 — 11 — Ch. 165
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shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 Ch. 165 — 12 —
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2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)  The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B)  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)  A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)  The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.

In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C)  The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D)  In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)  The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for 92 — 13 — Ch. 165
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the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F)  Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G)  (i)  A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii)  A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii)  A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3)  If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 Ch. 165 — 14 —
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of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 — 15 — Ch. 165
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members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  This section shall become operative January 1, 2024.

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 Ch. 165 — 16 —
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legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 — 17 — Ch. 165
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powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  This section shall become operative January 1, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8. (a)  The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
92 Ch. 165 — 18 —
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(b)  The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1)  By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2)  By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.

SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.

O
92 — 19 — Ch. 165
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RESOLUTION CC 2022-____

A RESOLUTION 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 GLENDORA FOR THE 30-
DAY PERIOD BEGINNING JANUARY 29, 2022 THROUGH FEBRUARY
28, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND AB 361

THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City Council of the City of Glendora (“City”) is committed to preserving and nurturing public access and participation in meetings of the Board of Directors; and WHEREAS, all meetings of the legislative bodies of City are open and public, as required by the Ralph M. Brown Act (Gov. Code §§ 54950 – 54963), so that any member of the public may attend, participate, and watch the District’s legislative bodies conduct their business; and WHEREAS, the Brown Act, Government Code § 54953(e), makes provision for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code § 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code § 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code § 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological or human-caused disasters; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, starting in March 2020, in response to the spread of COVID-19 in the State of California, the Governor Proclaimed a State of Emergency and issued a number of executive orders aimed at containing the COVID-19 virus; and
WHEREAS, the City Council previously adopted Resolution Number CC 2020-13 on March 24, 2021 ratifying the declaration of the existence of a local emergency within the City of Glendora in response to COVID-19 and finding that the requisite conditions exist for the legislative bodies of the City to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953; and
WHEREAS, as a condition of extending the use of the provisions found in section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City, and City Council has done so; and
Item #9. Page 25
Meeting Date: 1/25/2022 / Packet Page #: 73
Resolution CC 2022-___ Page 2 of 4
WHEREAS, emergency conditions persist in the City, specifically, a state of emergency has been proclaimed related to COVID-19, community transmission of COVID-19 in Los Angeles County has rapidly increased from Low to High due to the highly contagious Delta variant of COVID-19 which has emerged, Los Angeles County officials are imposing and recommending measures to promote social distancing, requires masking by all, regardless of vaccination status, in an effort to slow the continuously high trends in and level of transmission of COVID-19 throughout the State and Los Angeles County; and
WHEREAS, State and local officials continue to impose and/or recommend COVID-19 infection protocols that impact the quality of Brown Act meetings; and WHEREAS, Because of the rise in cases due to the Delta variant of COVID-19, the District is concerned about the health and safety of all individuals who intend to attend Brown Act public meetings.

WHEREAS, the City Council does hereby find and determine that that the presence of COVID-19 and the increase of cases due to the Delta variant and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to affirm a local emergency exists and re-ratify the proclamation of state of emergency by the Governor of the State of California; and WHEREAS, as a consequence of the local emergency persisting, the City Council does hereby find and determine that the legislative bodies of the City shall continue to conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code § 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and
WHEREAS, to ensure public access and participation Resolution CC 2021-02 was adopted on February 9, 2021 which updated rules for the conduct of public meetings, proceedings and business and incorporated verbiage relating to virtual meetings and participation providing that (1) Virtual participation will be available on other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation; (2) Meetings will be broadcasted live on Spectrum Cable TV Channel 3 and Verizon Channel 31, the City Website www.cityofglendora.org/citymeetings, YouTube at https://www.youtube.com/cityofglendoraca, and on the Media Center at https://www.cityofglendora.org/departments-services/television-andmedia; (3) City will provide a variety of ways in which the public can submit their comment: in person, virtually, email, phone call, mail and any other method which may become available. (Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.)

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA DOES HEREBY FIND, DETERMINER AND ORDER A FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Item #9. Page 26
Meeting Date: 1/25/2022 / Packet Page #: 74
Resolution CC 2022-___ Page 3 of 4
Section 2. Affirmation that Local Emergency Persists. The City Council hereby considers the existing conditions of the state of emergency in the City and proclaims that a local emergency persists throughout the City, and Consistent with the provisions of Government Code Section 54953(e), the Board of Directors finds and determines that (1) a state of emergency related to COVID-19 is currently in effect; (2) local officials in Los Angeles County have imposed or recommended measures to promote social distancing in connection with COVID-19; and (3) due to the COVID-19 emergency, meeting in person would present imminent risks to the health and safety of attendees. Based on such facts, findings and determinations, the Board authorizes staff to conduct remote teleconference meetings of the Board of Directors, including Committee meetings, under the provisions of Government Code Section 54953(e).

Section 3. Re-ratification of Governor’s Proclamation of a State of Emergency. The City Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

Section 4. Remote Teleconference Meetings. The staff and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code § 54953(e) and other applicable provisions of the Brown Act.

Section 5. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and go into effective starting January 29, 2022 until the earlier of February 28, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code § 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED, APPROVED and ORDERED this ____ day of January 2022.

City Council of Glendora, CA
BY:

KAREN K. DAVIS
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
Item #9. Page 27
Meeting Date: 1/25/2022 / Packet Page #: 75
Resolution CC 2022-___ Page 4 of 4

CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of January 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #9. Page 28
Meeting Date: 1/25/2022 / Packet Page #: 76

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-21-21
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and WHEREAS in response to the ongoing COVID-19 pandemic and increased spread of the Delta variant, on August 16, 2021, I issued Executive Order N-12-21 to ensure the State's health care facilities continue to have the staffing and resources needed to prevent potential strain on the State's health care delivery system; and
WHEREAS on October 4, 2021, I issued Executive Order N-17-21 to extend flexibilities allowing the State to increase health care capacity to support ongoing testing and vaccination efforts and minimize the threat of COVID-19 to Californians; and
WHEREAS California has stopped recording week-over-week declines in COVID-19 cases and hospitalizations, which demonstrates a plateau and the potential beginning of a new surge in COVID-19 cases; and
WHEREAS as flu season approaches, it is critical that California's health care facilities, already short-staffed and backlogged from the Delta variant and with high-levels of non-COVID-19 admissions, have the flexibilities that they need for additional capacity and to prevent staffing shortages; and
WHEREAS California continues to prioritize efforts to vaccinate all eligible individuals against COVID-19, including ensuring access to boosters and vaccines for newly eligible populations; and WHEREAS supporting robust COVID-19 testing capacity remains critical in the efforts to protect public health and mitigate the impacts of the pandemic; and
WHEREAS continued flexibility in non-hospital settings remains necessary to support these ongoing testing and vaccination efforts and to minimize the threat of COVID-19 to vulnerable Californians; and WHEREAS under the provisions of Government Code section 8571 , I find that strict compliance with various statutes, regulations, and certain local ordinances specified or referenced herein would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

Item #9. Page 29
Meeting Date: 1/25/2022 / Packet Page #: 77
IT IS HEREBY ORDERED THAT:

1. The timeframes set forth in Executive Order N-12-21, paragraphs 1 through 6, are hereby extended through March 31, 2022.

2. The timeframe set forth in Executive Order N-17-21, Paragr9ph 1, is hereby extended through March 31, 2022.

I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread ipublicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in eqqity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have
hereunto set my hand andicaused
the Great Seal of the State of
California to be affixed this 10th day
of November 2021 .

GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY WEBER, PH.D.

Secretary of State
9l
Item #9. Page 30
Meeting Date: 1/25/2022 / Packet Page #: 78

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 25, 2022
FROM: CITY CLERK DISTRICT(S): CITYWIDE
SUBJECT: APPROVE AN ENTERPRISE LICENSE AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (ESRI) FOR THE IMPLEMENTATION OF THE GEOGRAPHIC INFORMATION SYSTEM (GIS) IN THE AMOUNT OF $198,966 (STRATEGIC PLAN ITEM 47 - IMCIF)

RECOMMENDATION
That the City Council:

1. Approve an Enterprise License Agreement with ESRI for the implementation of a geographic information system (GIS) in the amount of $198,966; and

2. Authorize the City Manager or his designee to execute the Enterprise License Agreement with ESRI, including minimal and/or non-substantive changes.

EXECUTIVE SUMMARY
A Geographic Information System (GIS) is often used to create maps, but can also be used to provide interactive map information to the users to make a decision. An Enterprise License Agreement with ESRI will save the City money through volume purchasing and greatly simplify licensing by requiring a single transaction to acquire licenses for users. The Agreement will ensure the GIS environment for the City is up to date, maintained and validated using multiple systems and applications such as ARC GIS, enterprise, asset management and land permitting software.

BACKGROUND
In October 2021, the City’s Information Technology department worked with ESRI to create the beginning infrastructure to house this environment. Servers were created along with a customer portal that will eventually allow the public to access our GIS layers for parcel data as well as some of the information listed below.

DISCUSSION
A modern and efficient GIS system will grant the ability for the City to have up to date information and incorporate relational data to every department. This data is limitless and can map out items such as:
 Water Valve Locations  Traffic Light Replacement
 Police Vehicle Location  Police Dispatch Locations
 Fire Hazard Maps  Engineering/Permits
 Parade Routes  Zoning/City Planning
This is just a small sample size of items and maps that can be used/created in a properly implemented GIS system. The City will be engaging with ESRI and each City department to work Item #10. Page 1
Meeting Date: 1/25/2022 / Packet Page #: 79
Staff Report Page 2 of 2
through potential map layers and discuss information that could be extrapolated in a highly scalable environment.

The first step to this process is to create a master layer with each City address point validated. This is done using a set of existing data and new data that will be provided by consulting services. The master layer will then be the starting point for each subsequent layer that will be created. This initial setup will take approximately 6 months to complete. Staff will be soliciting the specialized services of a GIS consultant who will assist the City in leading the implementation.

FISCAL IMPACT
Sufficient funding is available in the FY 2022 Capital Improvement Program in account number 5489999-70000 in the amount of $198,966.

ENVIRONMENTAL DETERMINATION
Not applicable.

Prepared By Sam Robbin, Information Technology Director Reviewed By Sam Robbin, Information Technology Director Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved by Adam Raymond, City Manager
Legal Review William Wynder, City Attorney

ATTACHMENTS
A. ESRI Enterprise License Agreement Quote
B. Cover Letter
Item #10. Page 2
Meeting Date: 1/25/2022 / Packet Page #: 80
Quotation # Q-460653
Date: January 5, 2022
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 118323 Contract #
City of Glendora
Community Development and Public Works
116 E Foothill Blvd
Glendora, CA 91741-3335
To expedite your order, please attach a copy of ATTENTION: Sam Robbin this quotation to your purchase order. PHONE: (626) 914-8246 Quote is valid from: 1/5/2022 To: 4/5/2022 EMAIL: [email protected] Material Qty Term List Price Discount Unit Price Total
168179 1 Year 1 $35,000.00 36.4% $35,000.00 $35,000.00
Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement 168179 1 Year 2 $43,000.00 21.8% $43,000.00 $43,000.00
Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement 168179 1 Year 3 $55,000.00 0% $55,000.00 $55,000.00
Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement 169044 2 $4,000.00 50% $2,000.00 $4,000.00
ArcGIS Urban Suite Online Term License Year 1
169044 2 $4,000.00 50% $2,000.00 $4,000.00
ArcGIS Urban Suite Online Term License - Year 2
169044 2 $4,000.00 50% $2,000.00 $4,000.00
ArcGIS Urban Suite Online Term License - Year 3
178627 4 $100.00 20% $80.00 $320.00
ArcGIS Business Analyst Web App Advanced Online Term License (Promotional Period) - Year 1 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Jacqueline Scott
Email:
[email protected]
Phone:
(909) 793-2853 x1650
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.

SCOTTJ This offer is limited to the terms and conditions incorporated and attached herein.

Item #10. Page 3
Meeting Date: 1/25/2022 / Packet Page #: 81
Quotation # Q-460653
Date: January 5, 2022
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 118323 Contract #
City of Glendora
Community Development and Public Works
116 E Foothill Blvd
Glendora, CA 91741-3335
To expedite your order, please attach a copy of ATTENTION: Sam Robbin this quotation to your purchase order. PHONE: (626) 914-8246 Quote is valid from: 1/5/2022 To: 4/5/2022 EMAIL: [email protected] Material Qty Term List Price Discount Unit Price Total
178627 4 $100.00 20% $80.00 $320.00
ArcGIS Business Analyst Web App Advanced Online Term License (Promotional Period) - Year 2 178627 4 $100.00 20% $80.00 $320.00
ArcGIS Business Analyst Web App Advanced Online Term License (Promotional Period) - Year 3 173453 2 $1,500.00 3.3% $1,451.00 $2,902.00
ArcGIS Drone2Map for ArcGIS Online Term License - Year 1 173453 2 $1,500.00 3.3% $1,451.00 $2,902.00
ArcGIS Drone2Map for ArcGIS Online Term License - Year 2 173453 2 $1,500.00 3.3% $1,451.00 $2,902.00
ArcGIS Drone2Map for ArcGIS Online Term License - Year 3 173265 1 $16,000.00 0% $16,000.00 $16,000.00
The Web GIS Launch Kit Service Package provides up to 3 days of on-site and/or remote support by 1 Esri consultant to configure an ArcGIS organization (ArcGIS Online or ArcGIS Enterprise) using available data and content. The Esri consultant will start with a resource assessment to determine the available GIS content, capabilities, and information product needs. Following the resource assessment, the Esri consultant will show the Customer how to configure ArcGIS organizational settings and provide best practices on leveraging Web GIS. The Web GIS Launch Kit includes knowledge transfer on: Management and administrative tools, securing content, authoring, registering and sharing content, creating web maps and information products, and using Web GIS in workflows. Topics outside the scope of the Web GIS Launch Kit include but are not limited to: ArcGIS Enterprise software installation, migration of databases and applications, and application development. Customers will be Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Jacqueline Scott
Email:
[email protected]
Phone:
(909) 793-2853 x1650
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.

SCOTTJ This offer is limited to the terms and conditions incorporated and attached herein.

Item #10. Page 4
Meeting Date: 1/25/2022 / Packet Page #: 82
Quotation # Q-460653
Date: January 5, 2022
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 118323 Contract #
City of Glendora
Community Development and Public Works
116 E Foothill Blvd
Glendora, CA 91741-3335
To expedite your order, please attach a copy of ATTENTION: Sam Robbin this quotation to your purchase order. PHONE: (626) 914-8246 Quote is valid from: 1/5/2022 To: 4/5/2022 EMAIL: [email protected] Material Qty Term List Price Discount Unit Price Total
provided a Web GIS Launch Kit questionnaire prior to the on-site visit. On-site support will be provided at a mutually agreed upon customer location during one trip within the United States on consecutive business days during a single work week. Scheduling will be based on resource availability. Customers will need to prepare in advance for Esri’s visit. The Esri Professional Service Packages terms and conditions shall apply. If not attached, or already incorporated into an existing and current Esri master contract, these terms and conditions, preparation requirements, and covered foundational apps can be viewed on the web at https://www.esri.com/en-us/legal/terms/services/. All travel specified in this quote is subject to Esri’s business continuity measures regarding COVID-19, including the most current Federal, State, and Local Government restrictions and Centers for Disease Control and Prevention (CDC) travel advisory recommendations. All proposed project schedules are tentative and will be adjusted based on the most current COVID-19 information available, and mutual agreement of the parties. 172844 1 $16,000.00 0% $16,000.00 $16,000.00
The Web Maps and Apps Launch Kit Service Package provides up to 3 days of on-site and/or remote support by 1 Esri consultant to provide technical knowledge transfer on using Esri’s configurable Commercial-Off-the-Shelf Software (COTS Software) maps and apps with a pre-configured ArcGIS organization (either ArcGIS Online or ArcGIS Enterprise). The Esri consultant will start with a resource assessment to determine the available GIS content, capabilities and information product needs. Based on the results, the consultant will work with the Customer to prioritize the maps and apps that can be configured during the time available. The Launch Kit also includes knowledge transfer on standard web GIS data and publishing topics and map and app configuration for up to 3 Esri Foundational Apps to be mutually agreed upon during a pre-visit call, or for specific ArcGIS Solutions see additional detail in the activity description attached to this quote or provided separately. Topics outside the scope of the Launch Kit include but are not limited to: Setting up and configuring an ArcGIS Organization, Esri Premium Apps or non-web-based, industry-specific solutions, ArcGIS Enterprise Software Installation, Migration of Databases and Applications, Application Development, and 3rd party app integration. Please see https://www.esri.com/en-us/arcgis/products/apps-foreveryone/overview for a list of web apps. Customers will be provided a questionnaire prior to the on-site visit. On-site support will be provided at a mutually agreed upon Customer location during one trip within the United States on consecutive business days during a single work week. Scheduling will be based on resource availability. Customers will need to prepare in advance for Esri’s visit. The Esri Professional Service Packages terms and conditions shall apply. If not attached, or already incorporated into an existing and current Esri master contract, these terms and conditions, preparation requirements, and covered foundational apps can be viewed on the web at https://www.esri.com/en-us/legal/terms/services/. All travel specified in this quote is subject to Esri’s business continuity measures regarding COVID-19, including the most current Federal, State, and Local Government restrictions and Centers for Disease Control and Prevention (CDC) travel advisory recommendations. All proposed project Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Jacqueline Scott
Email:
[email protected]
Phone:
(909) 793-2853 x1650
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.

SCOTTJ This offer is limited to the terms and conditions incorporated and attached herein.

Item #10. Page 5
Meeting Date: 1/25/2022 / Packet Page #: 83
Quotation # Q-460653
Date: January 5, 2022
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 118323 Contract #
City of Glendora
Community Development and Public Works
116 E Foothill Blvd
Glendora, CA 91741-3335
To expedite your order, please attach a copy of ATTENTION: Sam Robbin this quotation to your purchase order. PHONE: (626) 914-8246 Quote is valid from: 1/5/2022 To: 4/5/2022 EMAIL: [email protected] Material Qty Term List Price Discount Unit Price Total
schedules are tentative and will be adjusted based on the most current COVID-19 information available, and mutual agreement of the parties.
174382 5 $820.00 0% $820.00 $4,100.00
Esri Training Pass per Day One Year Term - Year 1
174382 5 $820.00 0% $820.00 $4,100.00
Esri Training Pass per Day One Year Term - Year 2
174382 5 $820.00 0% $820.00 $4,100.00
Esri Training Pass per Day One Year Term - Year 3
List Price Total: $211,500.00
Discount: $12,534.00
Subtotal: $198,966.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $198,966.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Jacqueline Scott
Email:
[email protected]
Phone:
(909) 793-2853 x1650
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.

SCOTTJ This offer is limited to the terms and conditions incorporated and attached herein.

Item #10. Page 6
Meeting Date: 1/25/2022 / Packet Page #: 84
Esri Use Only:

Cust. Name
Cust. #
PO #
Esri Agreement #

SMALL ENTERPRISE AGREEMENT

COUNTY AND MUNICIPALITY GOVERNMENT
(E214-3)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri").

This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.

Table A
List of Products
Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer
Enterprise Software and Extensions
ArcGIS Enterprise and Workgroup
(Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
Workflow Manager
Enterprise Additional Capability Servers
ArcGIS Image Server
Developer Tools
ArcGIS Engine
ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS
Spatial Analyst, ArcGIS Engine Geodatabase Update,
ArcGIS Network Analyst, ArcGIS Schematics
ArcGIS Runtime (Standard)
ArcGIS Runtime Analysis Extension
Limited Quantities
One (1) Professional subscription to ArcGIS Developer
Two (2) ArcGIS CityEngine Single Use Licenses
250 ArcGIS Online Viewers
250 ArcGIS Online Creators
37,500 ArcGIS Online Service Credits
250 ArcGIS Enterprise Creators
5 ArcGIS Insights in ArcGIS Enterprise
5 ArcGIS Insights in ArcGIS Online
50 ArcGIS Tracker for ArcGIS Enterprise
50 ArcGIS Tracker for ArcGIS Online
4 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 4 ArcGIS Utility Network User Type Extensions (Enterprise) 4 ArcGIS Trace Network User Type Extensions (Enterprise)

OTHER BENEFITS
Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee Item #10. Page 7
Meeting Date: 1/25/2022 / Packet Page #: 85

Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE

ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").

Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.

Accepted and Agreed:
(Customer)
By:

Authorized Signature
Printed Name:

Title:

Date:

CUSTOMER CONTACT INFORMATION
Contact: Telephone:

Address: Fax:

City, State, Postal Code: E-mail:

Country:

Quotation Number (if applicable):

Item #10. Page 8
Meeting Date: 1/25/2022 / Packet Page #: 86

1.0—ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/enus/legal/terms/full-master-agreement and available in the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.
"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.

2.0—ADDITIONAL GRANT OF LICENSE

2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.

2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.

3.0—TERM, TERMINATION, AND EXPIRATION

3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.

3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.

3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.

3.4 Termination for Lack of Funds. For an
Agreement with government or governmentItem #10. Page 9 Meeting Date: 1/25/2022 / Packet Page #: 87

owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.

3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.

4.0—PRODUCT UPDATES

4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.

Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.

4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/otherresources/product-life-cycle. Updates for Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.

5.0—MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/enus/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.

Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support

1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.

2. The Tier 1 Help Desk will be fully trained in
the Products.

3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.

4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.

5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.

6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support

1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.

2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.

3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to
Item #10. Page 10
Meeting Date: 1/25/2022 / Packet Page #: 88

supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.

4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.

5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).

6.0—ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.

7.0—ADMINISTRATIVE REQUIREMENTS

7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.

Customer will not decouple Esri products or
services from the OEM partners' application or
service.

7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.

8.0—ORDERING, ADMINISTRATIVE

PROCEDURES, DELIVERY, AND

DEPLOYMENT

8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.
c. Esri's federal ID number is 95-2775-732.
d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.

8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due
Item #10. Page 11
Meeting Date: 1/25/2022 / Packet Page #: 89

9.0—MERGERS, ACQUISITIONS, OR

DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.

9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.

9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

Item #10. Page 12
Meeting Date: 1/25/2022 / Packet Page #: 90
Esri Professional Service
Packages Requirements
G363D-R

The requirements for using Esri Professional Service Packages are described below; see corresponding footnotes in parentheses for specific descriptions.

Enterprise Consulting Services
▪ Capacity Planning (2, 25)
▪ Enterprise GIS Health Check (1, 13, 14, 23, 25)
Jumpstart Services
▪ ArcGIS Data Reviewer Jumpstart (1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 17, 20) ▪ ArcGIS Enterprise Jumpstart—Basic (1, 8, 13, 14, 19, 22, 30) ▪ ArcGIS Enterprise Jumpstart—Standard (1, 8, 13, 14, 19, 22, 30) ▪ ArcGIS Enterprise Jumpstart—Advanced (1, 8, 13, 14, 19, 22, 30) ▪ ArcGIS Aviation Charting Jumpstart (1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 20) ▪ ArcGIS Maritime Jumpstart (1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 20) ▪ ArcGIS Image Server Jumpstart (1, 7, 8, 13, 14, 19, 22) ▪ ArcGIS GeoEvent Server Jumpstart (1, 8, 13, 14, 19, 22, 32, 33) ▪ ArcGIS Monitor Jumpstart (1, 5, 8, 12, 19, 23)
▪ ArcGIS Workflow Manager Jumpstart (1, 3, 4, 5, 6, 7, 8, 9, 10, 12, 16, 18, 20, 26) ▪ ArcGIS Data Appliance Jumpstart (1, 8. 13, 22, 28)
▪ ArcGIS Data Appliance and ArcGIS Enterprise Bundle Jumpstart (1, 8, 13, 22, 28) ▪ ArcGIS Defense Mapping Jumpstart (1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 20) ▪ Esri Geoportal Server Jumpstart—3 Days (1, 8, 13, 19, 21, 27) ▪ Esri Geoportal Server Jumpstart—5 Days (1, 8, 13, 19, 21, 27) ▪ ArcGIS Production Mapping Jumpstart (1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 20) Launch Kits
▪ 3D Launch Kit (1, 20, 34)
▪ AEC Project Delivery Launch Kit—Basic (1, 13, 14, 23, 31, 35) ▪ AEC Project Delivery Launch Kit—Standard (1, 13, 14, 23, 31, 35) ▪ ArcGIS Hub Launch Kit (1, 5, 14, 26, 36, 37, 38)
▪ ArcGIS Urban Launch Kit (2, 20, 34)
▪ Emergency Management Operations Launch Kit (1, 2, 34) ▪ Market Planning Launch Kit—Basic (1, 13, 14)
▪ Market Planning Launch Kit—Advanced (1, 13, 14)
▪ Web GIS Launch Kit (1, 13, 14, 22)
▪ Web Maps and Apps Launch Kit (1, 13, 14, 22)
Remote Support
▪ AEC Project Delivery Remote Support (2, 23, 35)
▪ ArcGIS Monitor Remote Consulting Services—20 Hours (2, 12, 23) ▪ Remote Support for Esri Geoportal Server—20 Hours (2, 23, 24) ▪ UI/UX Expert Review—20 Hours (2, 23)
Retainers
▪ Business Consultant Service Retainer Package (1, 2, 20, 23) ▪ Developer Service Retainer Package (1, 2, 20, 23)
▪ Geodatabase Administrator Services Retainer Package (1, 2, 20, 23) ▪ Geospatial Analyst Service Retainer Package (1, 2, 20, 23) ▪ Platform Engineer Service Retainer Package (1, 2, 20, 23) Workshop Services
▪ ArcGIS Data Reviewer Workshop (1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 17, 20) ▪ ArcGIS Aviation Charting Workshop (1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 20) ▪ ArcGIS Maritime Workshop (1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 20) ▪ ArcGIS Workflow Manager Workshop (2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 18, 20, 26) ▪ ArcGIS Defense Mapping Workshop (1, 3, 4, 5, 6, 7, 8, 10, 11, 12, 15, 20) ▪ ArcGIS Production Mapping Workshop (1, 3, 4, 5, 6, 7, 8, 10, 11, 12, 15, 20) ▪ Water Outage Solution Workshop (1, 2, 13, 23)
Item #10. Page 13
Meeting Date: 1/25/2022 / Packet Page #: 91

G363D-R

1. On-site support days shall be limited to no more than 8 working hours per day and performed on consecutive business days.

2. Remote Support may be scheduled between 5:00 a.m. and 5:00 p.m. (Pacific time), Monday through Friday, excluding Esri holidays.

3. Workshop shall be limited to no more than 12 Customer participants.

4. If it is determined that customer data will be integrated into the workshop/package, the data will be made available to Esri at least 10 business days prior to the workshop/package.

5. A computer projection system for PowerPoint presentations with a minimum resolution of 1024 x 768 is required.

6. It is the responsibility of the Customer to ensure that the computers and related space/equipment needed for the workshop are provided. Minimum computer requirements are as follows: Windows 7+, 2.0 GHz CPU, 4 GB RAM (8 GB recommended), 1024 x 768 or higher screen resolution, and adequate hard drive space for installation of the workshop data.

7. The location of the ArcGIS license (whether local or on a server) will affect student workspace environment setup. For optimal performance, it is recommended that ArcGIS Desktop be installed on each machine.

8. Customer will download installation files and ECP files and any necessary major updates for all applicable software from https://my.esri.com prior to the arrival of the Esri consultant.

9. ArcGIS Desktop (Advanced license level) and the most recent major updates must be installed.

10. Esri consultant requires administrative access to all workshop machines.

11. Workshop participant prerequisites will vary, depending on the topics. At a minimum, the participants should have taken ArcGIS 1: Introduction to GIS and ArcGIS 2: Essential Workflows or have equivalent knowledge/exposure to ArcGIS software.

12. Version 10.2, or higher, and the most recent major updates for the product in the package title should be installed.

13. The Esri consultant will require remote access to servers via Remote Desktop or Secure Socket Shell (SSH); access to user accounts with administrative privileges on any servers where software will be installed; and administrative access to any RDBMS used as an ArcGIS Enterprise geodatabase.

14. Customer will complete the previsit questionnaire and submit it to Esri prior to scheduling the on-site visit.

15. For information regarding system requirements, please see https://desktop.arcgis.com/en/arcmap/latest/install/mappingcharting/mapping-and-charting-solutions-system-requirements.htm.

16. The specific breakdown of hands-on training days and Customer-directed assistance days will be determined at least 10 business days prior to the Jumpstart.

17. Workshop setup documents and temporary licenses can be provided. For more information, please see https://desktop.arcgis.com/en/arcmap/latest/install/data-reviewer/arcgis-data-reviewer-for-desktop-systemrequirements.htm for specific information regarding ArcGIS Data Reviewer system requirements.

18. For more information, please see https://desktop.arcgis.com/en/arcmap/latest/install/workflow-manager/arcgis-workflowmanager-for-desktop-and-server-system-requirements.htm for specific information regarding ArcGIS Workflow Manager system requirements.

19. Target installation servers should have applicable operating systems, databases, and patches installed and connected to the network prior to the on-site visit. For ArcGIS Enterprise system requirements, please see https://enterprise.arcgis.com/en/system-requirements/latest/windows/arcgis-enterprise-overall-system-requirements.htm.

20. Customer will not provide the Esri consultant the following:
a. Information, data, or technology controlled for export under the International Traffic in Arms Regulations (ITAR); b. Unclassified controlled technical information (UCTI) or Covered Defense Information (CDI) under DFARS 204.7300 (252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting); and c. Protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA).

21. Jumpstart services participants should have prior experience with software installation, configuration, and operations in the Customer's environment. Jumpstart services facilities, including desktop workstations for each participant, should be set up prior to Esri staff arrival, per mutually agreed-upon specifications.

22. ArcGIS Desktop (Standard or Advanced) is required to support testing, configuration, administrative, and technology transfer tasks, in addition to geodatabase administration and data loading.

23. Customers must be current on maintenance of the product.

24. Topics must be related to Esri Geoportal Server.

25. This service will be conducted in a production environment. Consulting support for designing, installing, configuring, and performance and scalability testing of Esri products is outside the scope for this Service Package.

Item #10. Page 14
Meeting Date: 1/25/2022 / Packet Page #: 92

G363D-R

26. Workshop participant prerequisites will vary, depending on the topics. At a minimum, the participants should have taken ArcGIS 1: Introduction to GIS or have equivalent knowledge of/exposure to ArcGIS software.

27. For a full list of the Esri Geoportal Server system requirements, please see https://github.com/Esri/geoportalserver/wiki/Preinstallation-1.2.9.

28. Customer will connect Data Appliance for ArcGIS to the customer IT environment (and the server loaded with the ArcGIS Server software, if applicable), assign Data Appliance for ArcGIS an IP address, and place Data Appliance for ArcGIS into the same domain as the Customer's ArcGIS Enterprise system prior to the on-site arrival of the Esri consultant.

29. Topics covered must be related to the Esri Professional Service Package purchased with the remote support hours.

30. Design is limited to an MS Visio or PDF diagram with high-level details of a single ArcGIS environment and basic sizing estimates for component servers.

31. The Esri foundational apps covered can include ArcGIS Web AppBuilder, ArcGIS StoryMaps, ArcGIS Open Data, configurable app templates, ArcGIS Dashboards, ArcGIS for Office, ArcGIS Collector, ArcGIS Explorer, ArcGIS Workforce, or ArcGIS Survey123.

32. Customer is required to have an existing ArcGIS Enterprise implementation with the following components installed and configured prior to start of services: ArcGIS Server, Portal for ArcGIS, and the ArcGIS Data Store.

33. GeoEvent Server connectors covered in the ArcGIS GeoEvent Server Jumpstart include connectors that are provided with the product and connectors that are developed by the Esri GeoEvent team listed in the ArcGIS GeoEvent Gallery.

34. Specific requirements for participants, software, data, and meeting facilities will be provided by the Esri consultant prior to scheduling of the work.

35. ArcGIS Pro or ArcGIS Notebook Server is required.

Item #10. Page 15
Meeting Date: 1/25/2022 / Packet Page #: 93
380 New York Street 909.793.2853 esri.com
Redlands, California 92373-8100 USA [email protected]
January 5, 2022
Sam Robbin
City of Glendora
116 E Foothill Blvd
Glendora, CA 91741-3335

Dear Sam,
The Esri Small Municipal and County Government Enterprise Agreement (SGEA) is a three-year agreement that will grant your organization access to Esri term license software. The EA will be effective on the date executed and will require a firm, three-year commitment.

Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply Geographic Information System (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an Enterprise Agreement (EA).

An EA will provide your organization with numerous benefits including:
 A lower cost per unit for licensed software
 Substantially reduced administrative and procurement expenses  Complete flexibility to deploy software products when and where needed The following business terms and conditions will apply:
 All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services included in the EA.
 If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement that is not included in the EA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance.
 The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users.
 The organization will establish a Tier 1 support center to field calls from internal users of Esri software.

The organization may designate individuals as specified in the EA who may directly contact Esri for Tier 2 technical support.
 The organization will provide an annual report of installed Esri software to Esri.  Esri software and updates that the organization is licensed to use will be automatically available for downloading.
 The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri’s Small Municipal and County Government EA terms and conditions.

Item #10. Page 16
Meeting Date: 1/25/2022 / Packet Page #: 94
Small Government Enterprise Agreement
 Licenses are valid for the term of the EA.

This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have.

To expedite your acceptance of this EA offer:

1. Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA Quotation and includes the following statement on the face of the Purchase Order:
"THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI

SMALL MUNICIPAL AND COUNTY GOVERNMENT EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER WILL NOT APPLY."
Have it signed by an authorized representative of the organization.

2. On the first page of the EA, identify the central point of contact/agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e-mail address.

3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization.

4. Send the purchase order and agreement to the address, email or fax noted below:

Esri
Attn: Customer Service SG-EA
380 New York Street
Redlands, CA 92373-8100
e-mail: [email protected]
fax documents to: 909-307-3083
I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization.

Thank you very much for your consideration.

Best Regards,
Jacqueline Scott
Item #10. Page 17
Meeting Date: 1/25/2022 / Packet Page #: 95

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 25, 2021
FROM: CITY MANAGER’S OFFICE DISTRICT(S): CITYWIDE
SUBJECT: CONSIDERATION OF THE BRAND-HUANG-MENDOZA TRIPARTISAN LAND USE

INITIATIVE

RECOMMENDATION
That the City Council:

1. Consider the Brand-Huang-Mendoza Tripartisan Land Use Initiative; and

2. Provide City staff with direction accordingly.

EXECUTIVE SUMMARY
The Brand-Huang-Mendoza Tripartisan Land Use Initiative would amend the Constitution of the State of California to provide that adopted local land use and zoning laws override conflicting state laws, except under limited circumstances.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Assembly Constitutional Amendment No. 7 (ACA 7) was introduced in the State Assembly in March 2021 (Muratsuchi) to reassert local control over land use and zoning matters. The City submitted a letter of support for ACA 7 in August 2021.

DISCUSSION
ACA 7 was introduced in the State Assembly in March 2021 to reassert local control over land use and zoning in response to a number of bills enacted by the State Legislature over the last few years that have effectively preempted or significantly weakened local control over such matters. While ACA 7 made a strong statement, it requires a 2/3 vote in both houses of the State Legislature (Assembly and Senate) to be placed on the ballot, and has yet to be assigned for consideration by policy and fiscal committees.

In the wake of this uncertainty, an initiative is in process for placement on the November 2022 state ballot and has received the support of a growing number of local jurisdictions. The initiative has been cleared for circulation for the collection of signatures.

The Brand-Huang-Mendoza Tripartisan Land Use Initiative (Initiative) uses much of the language in ACA

7. The Initiative states that a county or city ordinance that regulates zoning or the use of land within the boundaries of a county or city shall prevail over conflicting general laws. The Initiative also states that regulation of zoning or use of land with the boundaries of the city shall be deemed to address a municipal affair and shall prevail over a conflicting state statute.

The Initiative identifies three specific conditions under which State statues would prevail:
• Land use decisions under the purview of the State Coastal Commission; • The siting of a power plant capable of generating 50 megawatts or more of electricity; and, • Development of water, communication, or transportation infrastructure projects which have been designated by the State as a matter of statewide concern, with the express exception of transitoriented development projects whether residential, commercial, or mixed use.

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Staff Report Page 2 of 2
The Initiative would also prevent the State from retaliating against local jurisdictions by preventing modifications to appropriations for State-funded programs, grant programs, or funding, should the Initiative qualify for the ballot and is approved by the voters of the State.

The Initiative was drafted to counter the increasing frequency of “top-down” and “one-size-fits-all” state land use mandates. Currently, the State can impose zoning or land use laws as necessary to address what it deems a matter of statewide concern. As an example, the array of recent legislation related to housing declares that housing is a matter of statewide concern and not just a local affair. Such a determination effectively overrides a local jurisdiction’s authority over local zoning and land use laws.

Proponents of the Initiative have until May 2, 2022 to submit enough signatures to the Secretary of State.

FISCAL IMPACT
There is no fiscal impact associated with this report.

ENVIRONMENTAL DETERMINATION
There is no environmental impact associated with this report.

Prepared By Moises A. Lopez, Assistant City Manager
Concurs With Not Applicable
Reviewed By Adam Raymond, City Manager
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable

ATTACHMENTS
A. Letter of Support for Assembly Constitutional Amendment No. 7 B. Initiative Text
C. Sample Resolution
Item #11. Page 2
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November 1, 2021
Initiative 21-0016 (Amdt. 1)
The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure:

PROVIDES THAT LOCAL LAND-USE AND ZONING LAWS OVERRIDE
CONFLICTING STATE LAWS. INITIATIVE CONSTITUTIONAL AMENDMENT.

Provides that city and county land-use and zoning laws (including local housing laws) override all conflicting state laws, except in certain circumstances related to three areas of statewide concern: (1) the California Coastal Act of 1976; (2) siting of power plants; or (3) development of water, communication, or transportation infrastructure projects. Prevents state legislature and local legislative bodies from passing laws invalidating voter-approved local land-use or zoning initiatives. Prohibits state from changing, granting, or denying funding to local governments based on their implementation of this measure. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Fiscal effects of the measure depend on future decisions by the cities and counties and therefore are unknown. (21-0016A1.)
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SECTION 1. The people of the State of California find and declare all of the following:
(a) The circumstances and environmental impacts of local land use decisions vary greatly across the state from locality to locality.
(b) The infrastructure required to maintain appropriate levels of public services, including police and fire services, parklands and public open spaces, transportation, water supply, schools, and sewers varies greatly across the state from locality to locality. (c) Land use decisions made by local officials must balance development with public facilities and services while addressing the economic, environmental, and social needs of the particular communities served by those local officials. (d) Thus, it is in the best interests of the state and local communities for these complex decisions to be made at the local level to ensure that the specific, unique characteristics, constraints, and needs of those communities are properly analyzed and addressed. (e) Gentrification of housing adjacent to public transportation will reduce or eliminate the availability of low or very low income housing near public transit, resulting in the loss of access by low or very low income persons to public transit, declines in public transit ridership, and increases in vehicle miles travelled.
(f) The State Legislature cannot properly assess the impacts upon each community of sweeping centralized and rigid state land use rules and zoning regulations that apply across the state without regard to community impacts and, as a result, statewide land use and zoning will do great harm to local communities with differing circumstances and concerns. (g) Community development should not be controlled by state planners, but by local governments that know and can address the needs of, and the impacts upon, local communities.

Local initiatives approved by voters pertaining to land use and zoning restrictions should not be nullified or superseded by the actions of any local or state legislative body. (h) Numerous state laws that target communities for elimination of zoning standards have been enacted, and continue to be proposed, that eliminate or erode local control over local development and circumvent the California Environmental Quality Act (“CEQA”), creating the potential for harmful environmental impacts to occur.
(i) The purpose of this measure is to ensure that all decisions regarding local land use controls, including zoning law and regulations, are made by the affected communities in accordance with applicable law, including but not limited to CEQA (Public Resources Code § 21000 et seq.), the California Fair Employment and Housing Act (Government Code §§ 12900 – 12996), prohibitions against discrimination (Government Code § 65008), and affirmatively furthering fair housing (Government Code § 8899.50). This constitutional amendment would continue to provide for state control in the coastal zone, the siting of a power plant that can generate more than 50 megawatts of electricity, or the development or construction of water, communication or transportation infrastructure projects which the Legislature declares are matters of statewide concern and are in the best interests of the state. For purposes of this measure, it is the intent that a transportation infrastructure project shall not include a transit-oriented development project that is residential, commercial, or mixed-use.

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SECTION 2. Section 4.5 is added to Article XI of the California Constitution, to read:

SEC. 4.5. (a) Except as provided in subdivision (b), in the event of a conflict with a state statute, a county charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a county charter, that regulates the zoning, development or use of land within the boundaries of an unincorporated area of the county shall be deemed a county affair within the meaning of Section 4 and shall prevail over a conflicting state statute. No voter approved local initiative that regulates the zoning, development or use of land within the boundaries of any county shall be overturned or otherwise nullified by any legislative body. (b) A county charter provision, general plan, specific plan, ordinance or a regulation adopted and applicable to an unincorporated area within a county, may be determined only by a court of competent jurisdiction, in accordance with Section 4, to address either a matter of statewide concern or a county affair if that provision, ordinance, or regulation conflicts with a state statute with regard to only the following:
(1) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute. (2) The siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern. (3) The development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter of statewide concern and is in the best interests of the state. For purposes of this paragraph, a transportation infrastructure project does not include a transit-oriented development project, whether residential, commercial, or mixed-use.
(c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section. No benefit or preference in state appropriations or grants shall be given to an entity that opts not to utilize the provisions of this section.
(d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SECTION 3. Section 5.5 is added to Article XI of the California Constitution, to read:

SEC. 5.5. (a) Except as provided in subdivision (b), in the event of a conflict with a state statute, a city charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a city charter, that establishes land use policies or regulates zoning or development standards within the boundaries of the city shall be deemed a municipal affair within the meaning of Section 5 and shall prevail over a conflicting state statute. No voter approved local initiative that regulates the zoning, development or use of land within the boundaries of any city shall be overturned or otherwise nullified by any legislative body. (b) A city charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a city charter, may be determined only by a court of competent jurisdiction, in accordance with Section 5, to address either a matter of statewide concern or a municipal affair Item #11. Page 5
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if that provision, ordinance, or regulation conflicts with a state statute with regard to only the following:
(1) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute. (2) The siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern. (3) The development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter of statewide concern and is in the best interests of the state. For purposes of this paragraph, a transportation infrastructure project does not include a transit-oriented development project, whether residential, commercial, or mixed-use.
(c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section. No benefit or preference in state appropriations or grants shall be given to an entity that opts not to utilize the provisions of this section.
(d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SECTION 4. Section 7 of Article XI of the California Constitution is amended to read:

SEC. 7. (a) A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not that are not, except as provided in subdivision (b), in conflict with general laws. A county or city may not supersede or otherwise interfere with any voter approved local initiative pertaining to land use or zoning restrictions. (b) A county or city general plan, specific plan, ordinance or regulation that regulates the zoning, development or use of land within the boundaries of the county or city shall prevail over conflicting general laws, except for only the following:
(A) A coastal land use plan, ordinance or regulation that conflicts with the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute.
(B) An ordinance or regulation that addresses the siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern.
(C) An ordinance or regulation that addresses the development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter of statewide concern and is in the best interests of the state. For purposes of this subparagraph, a transportation infrastructure project does not include a transitoriented development project, whether residential, commercial, or mixed-use.

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(c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section. No benefit or preference in state appropriations or grants shall be given to an entity that opts not to utilize the provisions of this section.
(d) The provisions of this subdivision are severable. If any provision of this subdivision or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

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August 11, 2021
Honorable Al Muratsuchi
California State Assembly
State Capitol
P.O. Box 942849
Room 2148
Sacramento, CA 94249-0066
SUBJECT: LETTER OF SUPPORT FOR ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 7 – LOCAL GOVERNMENT POLICE POWER: LAND USE AND ZONING
Dear Assemblymember Muratsuchi:

The City of Glendora is pleased to support your Assembly Constitutional Amendment No. (ACA) 7 as it would amend the Constitution of the State of California to ensure that local land use authority would be preserved.

The proposed amendment would allow the City to maintain local land use authority when in conflict with actions undertaken by the State, with few exceptions. Local land use authority is an essential primary function of cities. The City of Glendora has consistently opposed legislative and regulatory actions that seek to limit local control, directly or indirectly. Local jurisdictions are best positioned to determine for themselves the implementation of land use policies as State imposed mandates often lack the requisite flexibility to address unique local needs and characteristics.

While the City of Glendora remains committed to work productively alongside the Legislature to address issues of statewide importance, we will continue to oppose those efforts that usurp and undermine a local jurisdiction’s ability to self-govern. For this reason, the City of Glendora supports ACA 7 and urges its passage through the Legislature.

Sincerely,
Karen Davis
Mayor
CC: Jennifer Quan, Executive Director of the Los Angeles County Division – League of California Cities Item #11. Page 8
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SUPPORT FOR BRAND-HUANG-MENDOZA TRIPARTISAN LAND USE INITIATVE PAGE 1
****** SAMPLE RESOLUTION *****
MODELED ON CITY OF REDONDO BEACH RESOLUTION NO. CC-2110-100 PASSED 10/20/21 A RESOLUTION OF THE CITY COUNCIL OF THE [CITY/COUNTY OF XXXXXXXXXXXXX], CALIFORNIA, EXPRESSING SUPPORT FOR
THE “BRAND-HUANG-MENDOZA TRIPARTISAN LAND USE
INITIATIVE” TO AMEND ARTICLE XI OF THE CONSTITUTION OF

THE STATE OF CALIFORNIA TO MAKE ZONING AND LAND USE

COMMUNITY AFFAIRS, AND NOT OF STATE INTEREST
WHEREAS, the Legislature of the State of California in recent years has proposed, passed, and signed into law a number of bills addressing a range of land use planning and housing issues; and
WHEREAS, the majority of these bills usurp the authority of local jurisdictions to determine for themselves the land use policies and practices that best suit each city and its residents and instead impose “one-size-fits-all” mandates that do not take into account the unique needs and differences of local jurisdictions throughout the State of California; and
WHEREAS, the majority of these bills do not provide any incentives or requirements for low-income affordable or moderate income workforce housing, but instead impose new policies that will incentivize speculation and result in the addition of market-rate or luxury housing, thereby eliminating the opportunity for local jurisdictions to implement effective policies that will create more affordable housing and affirmatively further fair housing practices; and
WHEREAS, the ability of local jurisdictions to determine for themselves which projects require review beyond ministerial approval; what parking requirements are appropriate for various neighborhoods; what housing plans and programs are suitable and practical for each community; and what zoning should be allowed for residential properties, rather than having these decisions imposed upon cities without regard for the unique circumstances and needs of each individual community, is a matter of critical importance to the [CITY/COUNTY OF XXXXXXXXXXXXX] and many other municipalities focused on local zoning and housing issues; and WHEREAS, the City Council of the [CITY/COUNTY OF XXXXXXXXXXXXX] hereby determines that local government entities are best able to assess and respond to the unique needs of their respective communities and hereby objects to the proliferation of State legislation (including SB 9 and SB 10) that would deprive us of that ability.

NOW, THEREFORE, THE CITY COUNCIL OF THE [CITY/COUNTY OF XXXXXXXXXXXXX], CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the City Council of the [CITY/COUNTY OF XXXXXXXXXXXXX] is opposed to the legislature of the State of California continually proposing and adopting legislation that overrides the zoning and land use authority of local Item #11. Page 9
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SUPPORT FOR BRAND-HUANG-MENDOZA TRIPARTISAN LAND USE INITIATVE PAGE 2
government and inhibits the ability of local government to effectively plan for and implement policies to stimulate the efficient production of affordable housing in the [CITY/COUNTY OF XXXXXXXXXXXXX].

SECTION 2. That the City Council of the [CITY/COUNTY OF XXXXXXXXXXXXX] supports the Brand-Huang-Mendoza Tripartisan Land Use Initiative (Attached to the Resolution as Exhibit A) to ensure that zoning and land use authority rests with the local government entities that represent the communities in which the residents reside, and to allow local government to participate in solving our affordable housing crisis through solutions that effectively address the unique needs and conditions of each local community.

SECTION 3. That the City Council of the [CITY/COUNTY OF XXXXXXXXXXXXX] incorporates each recital set forth herein above.

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SUPPORT FOR BRAND-HUANG-MENDOZA TRIPARTISAN LAND USE INITIATVE PAGE 3
PASSED, APPROVED AND ADOPTED this [DATE XXXXXX].
[XXXXXXXX]
APPROVED AS TO FORM: ATTEST:
[City Attorney XXXXXX] [XXXXXXXX, City Clerk]
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SUPPORT FOR BRAND-HUANG-MENDOZA TRIPARTISAN LAND USE INITIATVE PAGE 4

STATE OF CALIFORNIA )
COUNTY OF [XXXXXXX] )
[CITY/COUNTY OF XXXXXXXXXXXXX] )
I, [CLERK XXXXXX], City Clerk of the [CITY/COUNTY OF XXXXXXXXXXXXX], California, do hereby certify thatResolution No. [XXXXXXXX] was passed and adopted by the City Council of the [CITY/COUNTY OF XXXXXXXXXXXXX], California, at a regular meeting of said City Council held on the [DATE XXXX], and there after signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

XXXXXXXXXXXXXX
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 25, 2022
FROM: LIBRARY DISTRICT(S): CITYWIDE
SUBJECT: APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE GLENDORA

PUBLIC LIBRARY FRIENDS FOUNDATION (GPLFF) AND THE CITY OF GLENDORA (STRATEGIC PLAN ITEM 40 - EMO)

RECOMMENDATION
That the City Council:

1. Approve the Memorandum of Understanding with the Glendora Public Library Friends Foundation to formally affirm the partnership with the City to provide volunteer and financial support for the programs and services of the Glendora Public Library; and

2. Authorize the City Manager to execute a Memorandum of Understanding (MOU) between the Glendora Public Library Friends Foundation (GPLFF) and the City of Glendora.

EXECUTIVE SUMMARY
Glendora Public Library Friends Foundation partners with the City of Glendora to provide financial and volunteer support to enhance the services of the Glendora Public Library beyond the capabilities of local tax revenues. In FY 2021-22, GPLFF, as a non-profit organization is providing $387,000 in support of Library programs and services to the City.

Since 2017, GPLFF has been working with the City to develop a Memorandum of Understanding (MOU) to formally clarify and confirm the partnership between the two organizations. After four years and extensive collaboration, the Board of Library Trustees has reviewed and recommended the proposed MOU for City Council approval. In summary, the MOU will be in effect for five years, subject to annual review and other specific termination and holdover clauses. GPLFF would continue to share certain library space with the City at no charge. Additionally, they would receive in-kind services to assist with marketing and coordinating certain events. Moreover, GPLFF

BACKGROUND
In 2017, the Center for Nonprofit Management (CNM) reviews the operating partnerships of three community groups. In 2018, the City Council, Community Services Commission and Board of Library Trustees are presented with CNM findings and recommends that the City develop MOUs with each foundation. In 2019, the City Council approves an MOU between the City and the Glendora Community Services Foundation. In 2021, a draft MOU is presented to GPLFF and the Board of Library Trustees.

Both parties review and recommend that staff to bring the MOU to the City Council for approval.

DISCUSSION
GPLFF was established in 1993 upon the initiative of private donors and citizen volunteers, not pursuant to any formal action or direction of City or of the Council. They help support and fund Library programs and services, encourage lifelong learning, literacy, and community connection through the Summer Discovery Challenge, events like opera talks, one-on-one literacy tutoring, books and other resources, online tutoring, downloading and streaming, and other opportunities.

In November 2021, after extensive collaboration among representatives from GPLFF, City Council, the Board of Library Trustees, and staff, the attached proposed MOU was provided to GPLFF. On December Item #12. Page 1
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8, 2021, the City received word that the proposal had been approved by the GPLFF Board of Directors.

Term of the proposed MOU is five (5) years, subject to annual review and other specific termination and holdover clauses. The City will continue to share certain Library space with GPLFF, waive rental charges and fees for GPLFF’s use of such Library space, and provide, without charge, limited event and marketing support by and through City staff. As proposed, benefits of the specific MOU terms include:
 Affirming support, policy, and advocacy roles.
 Confirming GPLFF responsibility for its employees.
 Clarifying the approach toward potential conflicts of interest.  Limiting liability, addressing indemnity, and confirming insurance requirements.  Affirming confidentiality of records where applicable.  Addressing tax-related needs.
 With regard to facilities: defining, clarifying, and/or affirming availability, activities, access, maintenance, security, and fees.
 Outlining expectations of IT support for a 2-year transitional period and afterward.  Defining availability of City resources and staff.
 Affirming grant funding opportunities.
 Clarifying fundraising roles and donation disposition.

FISCAL IMPACT
Sufficient funds are budgeted in the FY 2021-22 Operating and Maintenance Budget to support this continued partnership. Donations from GPLFF are anticipated in budget projections as well.

ENVIRONMENTAL DETERMINATION
There is no CEQA impact associated with the recommendations in this report.

Prepared By Janet Stone, Library Director
Concurs Tomoko Toland, Board of Library Trustees
Reviewed By Janet Stone, Library Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved by Adam Raymond, City Manager
Legal Review William Wynder, City Attorney

ATTACHMENTS
A. MOU GPLFF BLT CC 2021 1130 515PM
B. Presentation
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1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GLENDORA &

THE GLENDORA PUBLIC LIBRARY FRIENDS FOUNDATION FOR COOPERATIVE

USE OF LIBRARY RESOURCES
This MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

GLENDORA & THE GLENDORA PUBLIC LIBRARY FRIENDS FOUNDATION FOR COOPERATIVE USE OF LIBRARY RESOURCES (the “MOU”) is by and between the GLENDORA PUBLIC LIBRARY FRIENDS FOUNDATION, a California Internal Revenue Code § 501(c)(3) not-for-profit corporation (the “Foundation”), the CITY OF GLENDORA, a general law city & municipal corporation(“City”), its GLENDORA PUBLIC LIBRARY AND CULTURAL CENTER, a department of City (“Library”), and LIBRARY BOARD OF TRUSTEES, an advisory body to City’s Library staff and City’s City Council (“Board”), and is entered into in order to facilitate the collaborative relationship by and between City, Foundation, Library, and Board in providing the use of certain City facilities, limited City staff support, and Foundation financial support for Library. Unless otherwise specified, City and Board are collectively referred to herein as “City.” Foundation and City are occasionally referred to herein as the “parties” and individually as a “party.”

RECITALS
WHEREAS, in 1912 City assumed the financial support over the predecessor to the current Glendora Public Library and Cultural Center, located at 140 South Glendora Ave., Glendora, California 91741 (the “Library”), by formally adopting same as a department of the City government on May 20, 1912; and
WHEREAS, Library is of local historical significance to City, where it serves as a center for many social clubs, educational and literacy outreach programs, community gatherings, and cultural preservation. Today, Library has approximately 5,000 visitors a week. Library has a collection of approximately 150,000 items in a variety of formats; access to the Internet and digital resources that can be used from home, office, school and at the Library; services that support preserving, organizing, accessing, learning, utilizing, and protecting data and information resources; and
WHEREAS, a five-member Library Board of Trustees acts as a an advisory body to City’s Library staff and City’s governing body, the Glendora City Council (“Council”) to provide strategic leadership and serve as the creative catalyst for developing and implementing the mission, values and vision of the Library; and
WHEREAS, it is the intent of the parties to this MOU that City rights and obligations, as specified in this MOU, with respect to the Foundation shall be implemented by City’s Library Director, with Board acting as an advisory body to City’s Library Director and City’s Council; and WHEREAS, Foundation provides services to Library by partnering with City; Foundation provides financial support beyond the limits and constrains of City’s budget, and supports programs that would not otherwise be available; and
WHEREAS, Foundation was established in 1993 upon the initiative of private donors and citizen volunteers. Foundation was not formed pursuant to any formal action or direction of City Item #12. Page 3
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2 or of its Council. Foundation was thus formed as a private, non-profit entity separate and distinct from City and from Council.

WHEREAS, given the cultural, educational and historical significance of Library (noted above), Foundation’s collaboration with City to provide funds and resources that would otherwise be unavailable to the Library represents a significant public benefit to City and its residents; and WHEREAS, in consideration of such public benefits and in order to ensure the continued provision of efficient Foundation support for Library, City agrees to share certain Library space with Foundation, waive rental charges and fees for Foundation’s use of such Library space, and provide, without charge, limited event and marketing support by and through City staff to Foundation all as detailed hereinafter in this MOU.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Foundation hereby agree as follows:

TERMS OF MOU

1. GENERAL REPRESENTATIONS OF THE PARTIES
This MOU is made between City, and Foundation, who agree on the terms and conditions contained in this MOU.

1.1 Representations of Foundation
a. Foundation is a duly-established Internal Revenue Code § 501(c)(3) nonprofit organization and shall maintain its Section 501(c)(3) status in full legal compliance, engage in an annual audit, and prepare necessary government reports at its own expense, including Form 990. Foundation was established as a separate and independent entity from City, and nothing in this MOU is intended to be, nor shall be, construed to create the relationship of agent, servant, employee, partnership, joint venture, or associate between Foundation and City. For purposes of procuring financial support for the Foundation, the Library or City, the Foundation is understood to be a politically independent entity from the City and shall disclose such independence in all fundraising materials. The employees, volunteers, and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. This MOU is not intended, nor shall it be construed, as granting any rights of any kind to any third parties, including those who may receive services or benefits under the terms hereof. b. Reasonable and good faith inquiry has determined that there is no pending or threatened litigation which would prevent Foundation from performing its duties and obligations hereunder.
c. Foundation will publicly support the Library and its policies and will engage in advocacy efforts on behalf of the Library and Library Board of Trustees; provided, however, in no event shall such support or advocacy efforts otherwise jeopardize Foundation’s non-profit, non-partisan or independent status.

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3 d. Foundation is solely responsible for the employment, compensation, and evaluation of all its employees, including the Foundation’s Chief Executive and any other officers. e. No member, official, volunteer, employee or agent of Foundation shall have any financial interest, direct or indirect, in this MOU, nor participate in any decision relating to this MOU which is prohibited by law. Foundation, its agents and employees shall comply with applicable federal, state, and local laws and regulations governing conflicts of interest. Foundation covenants that it presently has no interest and shall not acquire any interest, direct or indirect, that may be affected by the services to be performed by it under this MOU, or that would conflict in any manner with the performance of its services hereunder. Foundation further covenants that, in performing this MOU, no person having any such interest shall be employed by it. Furthermore, Foundation shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this MOU. Foundation agrees not to accept any employment or representation during the term of this MOU that is or may likely make Foundation “financially interested” (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any manner in connection with which Foundation has been retained pursuant to this MOU.
i. Foundation hereby warrants and represents that it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result or consequence of obtaining or being awarded any agreement. Foundation is aware of and understands that any such act(s), omission(s), or other conduct resulting in the payment of money, consideration, or other thing of value will render this MOU void and of no force and effect.
f. No member, official, employee, agent or contractor of City shall be personally liable to Foundation in the event of any default or breach by City or for any amount which may become due to Developer or on any obligations under the terms of this MOU; provided, it is understood that nothing in this Section is intended to limit City’s liability. g. Foundation hereby represents and warrants to City that all services rendered pursuant to this MOU will be performed in a competent, professional, and satisfactory manner.

As a material inducement to City to enter into this MOU, Foundation hereby further represents and warrants that it has the experience and skills necessary to undertake the services to be provided herein. All services rendered by Foundation pursuant to this MOU shall be performed in accordance with all ordinances, resolutions, statutes, rules, and regulations of City and/or any Federal, State or local governmental agency having jurisdiction at the time such services are rendered.
h. Foundation recognizes that by law all individually identifiable patron-use records of any library which is in whole or in part supported by public funds shall remain confidential, and shall not be disclosed to them as a separately incorporated Internal Revenue Code § 501 (c) (3) organization. Foundation is aware of, and agrees to comply with, Library Administrative Policy 3.01, Patron Confidentiality, approved May 21, 2018, and any such successor Policy.

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4 1.2 Representations of City
a. City is a duly-organized California general law municipality, with the Library Board of Trustees serving as an advisory body of City and its Council. City hereby represents and warrants to Foundation that City is the legal owner with sole title to the Library, the underlying real property upon which the Library is located, and all fixtures, contents, and equipment contained therein (except as either (i) specifically stipulated in this MOU, or (ii) already owned and located onto the Premises by Foundation) together with all items for which City will assume responsibility to maintain, as defined in section 4.2 of this MOU, and has the right to enter into this MOU without consent or approval from any other person or entity, public or private. b. Reasonable and good faith inquiry has determined that there is no pending or threatened litigation which would prevent City from performing its duties and obligations hereunder.
c. While Foundation occupies the Premises as defined in this MOU, City shall provide reasonable assistance and cooperation to Foundation in order for Foundation to file the necessary Taxable Possessory Interest exemption forms as Foundation is an Internal Revenue Code § 501(c)(3) non-profit organization in good standing with the both the State and Federal authorities.
d. No elected or appointed official, employee, or agent of City shall have any financial interest, direct or indirect, in this MOU, nor participate in any decision relating to this MOU which is prohibited by law. City hereby warrants and represents that no elected or appointed official, officer, or employee of the City has any financial interest, direct or indirect, in this MOU, nor shall any elected or appointed official, officer, or employee of City participate in any decision relating to this MOU which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly interested, or in violation of any state or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interest found to be “remote” or “non interest” pursuant to California Government Code §§ 1091 and 1091.5. e. No member, official, employee, volunteer, agent or contractor of Foundation shall be personally liable to City in the event of any default or breach by Foundation or for any amount which may become due to City or on any obligations under the terms of this MOU; provided, it is understood that nothing in this Section is intended to limit Foundation’s liability.
f. City recognizes that Foundation is a private corporation with the authority to keep all records and data confidential consistent with the law. Notwithstanding such representation, Foundation acknowledges and agrees that information submitted to City pursuant to this MOU may be subject to compulsory disclosure by City upon request from a member of the public under the California Public Records Act, Government Code §§ 6250, et seq., the Federal Freedom of Information Act, 5 U.S.C. § 552, or similar such transparency laws (the “Disclosure Laws”). City agrees to protect the confidentiality of Foundation materials submitted to it to the extent permitted by Disclosure Law. Foundation shall specifically and clearly designate all Item #12. Page 6
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5 materials as “CONFIDENTIAL” which it wishes City to treat in confidence and withhold from public disclosure to the extent permitted by the Disclosure Laws.

2. TERM
The Term of this MOU shall commence upon the date it is approved and executed by the Foundation, the Glendora City Council and its Library Board (the “Effective Date”) and continue thereafter for a period not to exceed five (5) years, subject to the following:

2.1 Annual Review. City and Foundation agree to meet and confer to review this MOU on at least an annual basis (i.e., at least once per year) within sixty (60) days of a written request for such review from one party to the other(s). Failure of all parties to request an annual review shall not be deemed a default hereof. Any such review may include, among other topics, an assessment of the City’s annual costs that have been assumed by City to-date, and contributions made to the City/Library from Foundation.

2.2 Termination for the Convenience by Either Party. This MOU may be terminated by either party on sixty (60) days’ prior written notice for the convenience of either party and without cause for doing so.

2.3 Holding Over. In the event Foundation shall hold over and continue to occupy the Premises (defined below) with the consent of City, expressed or implied, such tenancy shall be deemed to be a tenancy from month-to-month upon the same terms and conditions as existed and prevailed at the time of the expiration of the term of this MOU. Notwithstanding, either party shall have the right to terminate Foundation’s occupancy and all terms of this MOU with not less than sixty (60) days’ prior written notice to the other party during any holdover period.

3. FOUNDATION USE OF CITY PREMISES

3.1 Facility and Use and Descriptions. Foundation shall have the right to occupy those City-owned facilities identified in Exhibit “A” hereto for the purposes of Library service and Library-related fundraising purposes, including:
a. 554 square feet of office/service space located at 140 S. Glendora Ave., Glendora, CA, second floor.
b. 456 ongoing sale space located at 140 S. Glendora Ave., Glendora, CA, second floor.
c. 55 square feet of donation collection and merchandising space located at 140 S. Glendora Ave., Glendora, upper lobby.
d. 7 square feet of merchandising space located at 140 S. Glendora Ave., Glendora, main floor
e. Onsite storage space at 140 S. Glendora Ave., Glendora, CA, as follows:
i. 16 square feet for cabinets in Bidwell Forum
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6 ii. 13 square feet in upstairs lobby closet
iii. 150 exterior square feet immediately east of loading dock f. Storage space shall be used strictly for the holding of items relating to Library business, fundraising, donations and Foundation business; no storage of personal items owned by Foundation members, volunteers, employees, agents or their family shall be permitted unless such personal belongings are to be utilized directly in a Foundation event related to the Library.
g. 32 square feet of offsite storage space located at 440 S Loraine Ave, Glendora, CA , designated Library storage container. Storage space shall be used strictly for the holding of items relating to Library business, fundraising, donations and Foundation business; no storage of personal items owned by Foundation members, volunteers, employees, agents or their family shall be permitted unless such personal belongings are to be utilized directly in a Foundation event related to the Library.
h. In addition to those spaces identified in Exhibit “A,” City will engage in good faith efforts to afford the Foundation with a meeting space upon request at a City facility.

City does not guarantee the availability of any requested meeting space on the dates and times that may be requested by Foundation.
i. Other Foundation use of City-owned facilities shall be requested per City of Glendora Administrative Policy 4.01 Uses and Regulations of Building, Glendora Municipal Code Chapter 5.32, and other applicable City rules and their successors. Fee waivers are subject to Section 5.4 of this agreement; all other rule waivers shall be requested in writing, and shall be considered solely at the discretion of the Library and appropriate permitting authorities. j. Foundation members, employees, volunteers, and their invitees may generally occupy the Library during regular Library staffing hours for those purposes of providing Library services and programs, all as such services and programs are consistent with this MOU and Article 3 of the Foundation’s Bylaws. Such occupation shall also include Foundation members, staff, employees, volunteers, and their invitees’ right to park their vehicles in available public parking spaces. Events or occupation of the Library by Foundation members, staff, volunteers or their invitees outside regular Library hours, involving City Staff or Facilities, shall be subject to the City’s prior written approval and any required permits (e.g., special events permitting if applicable).

Foundation members, staff, volunteers and invitees shall not perform the following services in the Library:
• Direct and active solicitation of financial or material support from Library users outside of advertised participation in fundraising events; • Carrying on propaganda in contravention of Foundation Bylaws or otherwise influencing legislation;
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7 • Political activities, lobbying, political patronage, or intervening in political campaigns;
• Carrying on activities of an inherently religious nature; • Carrying on any activity for the profit of its officers, nepotism, or distributing financial or asset gains of any kind to its officers; • Any activities that are not in furtherance of the purposes in Article 3 of the Foundation’s Bylaws. Foundation agrees that, in the event that Foundation proposes to amend a Bylaw that will impact implementation of the MOU, Foundation shall first meet and confer with City in good faith to obtain City’s prior written consent to such amendment(s), which consent shall not be unreasonably withheld, conditioned or delayed. In the event of a material amendment to Foundation’s Bylaw that impacts implementation of the MOU about which City cannot, in the exercise of an objective standard of reasonableness approve, then this MOU shall terminate and be of no further force or effect;
• Any activities out of compliance with any City-adopted Library Administrative Policies. Such Policies are available at:
http://www.cityofglendora.org/departments-services/library/using-the-library/forms-and-policies (the “Library Policies”).

3.2 Exclusive Use of Premises. Those premises, and only those premises, identified in Exhibit “A” hereto and as described in Section 3.1 (a) through (g) are hereinafter referred to as the “Premises.” Such Premises shall be for the exclusive use and occupancy of Foundation under this Agreement. Notwithstanding the foregoing, City reserves the right to terminate Foundation’s exclusive right to use and occupancy of the Premises, or any portion(s) thereof, upon ninety (90) days’ advance written notice.

3.2.1 City’s Right of Entry In and Onto the Premises. City and its authorized representatives shall have the right to enter the Premises at all reasonable times for any of the following purposes:
a. To perform routine Library services to be mutually discussed between the parties; and
b. To determine whether the Premises are in good condition; and, c. To do any necessary maintenance and to make any restoration to the Premises that City has the right or obligation to perform; and d. To serve, post, or keep posted any notices required by law, including notices routinely posted by City in accordance with municipal business; and e. City shall conduct its activities on the Premises as allowed here in a manner that will not unreasonably inconvenience, annoy, or disturb the Foundation’s quiet enjoyment and possession.

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8 3.3 Other Use Restrictions.
a. Foundation’s occupation of the Library shall be shared with the public within Library areas designated for common public use. Foundation shall not unreasonably disturb, hinder or interrupt the quiet enjoyment and use of the Library by the public for purposes of study, reading, research, media usage or such other public uses consistent with the Library Policies.
b. City reserves the right to reconsider the best use of Premises in direct public service and/or support of City and Library goals and objectives, with any changes subject to Section 2 of this agreement.

4. MAINTENANCE AND SECURITY

4.1 No Alterations; Foundation Maintenance Obligations. Foundation shall make no alterations, improvements, or additions to Premises, or enter any contract for the making of such changes, without the prior written consent of the Library Director and City. Unless otherwise agreed in writing, prior to Foundation’s making of any alterations, additions, and improvements shall, on termination of use, be left in-place by the Foundation in the event this MOU is terminated, expired or Foundation’s occupation of the Premises otherwise ends. Foundation shall install no fixtures to Premises without Prior written City authorization and/or permits. a. Notwithstanding the forgoing, Foundation may provide furnishings, display cases, and equipment for those Premises exclusively utilized by Foundation for purposes of office, book sales and donations.
b. All signage and advertising posted within the Library shall be subject to the advance written approval of the Library Director or City and Library designee. All Foundation signage and advertising proposed off-Premises or outside the Library shall comply with City’s Municipal Code sign regulations (Glendora Municipal Code, Chapter 19.24, as the same may be amended from time-to-time) if applicable. In all publications and signage, Foundation hereby acknowledges, and shall abide by, those restrictions upon the use of City seals and insignia as set forth in Glendora Municipal Code Chapter 1.12, as the same may be amended from time-to-time.

Use of the names, titles, likenesses, quotes, endorsements and/or insignias of any City officials for mass circulation or mailing is strictly prohibited absent prior written approval by the City Attorney’s office.
c. Subject to Sub-Sections (d) and/or (e), below, Foundation will furnish telephones and its own office equipment, such as desks, chairs, computers, copiers and fax machines, within those Premises designated for Foundation office, sales and/or donation use.

Foundation will maintain all such equipment in a neat, clean and professional condition at its sole expense, with all computers, software, data and accessory hardware, and electrical equipment being updated, serviced and upgraded to reasonably current standards at Foundation’s sole expense.
d. City agrees to provide for use of Foundation, and at its sole cost and expense, the following:

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9 • Two telephone service lines
o voicemail capability
o Direct Inward Dialing
o long distance
• Hardwired internet connection
• Subject to Sub-Section 5.5(b) and/or (c), below, media specialist support for public events e. Within two years from the effective date of this MOU, Foundation agrees to provide the following at its sole cost and expense, with City assuming such expense from and after the effective date of this MOU, and for a period of two (2) calendar years thereafter:
• Telephone hardware
• Connectivity
o Any other desired internet access (e.g., secured Wi-Fi, etc.) o Network services
• General office software/systems, including but not limited to:
o Microsoft Office
o QuickBooks
• Any specialized software/systems, including but not limited to:
o Raiser’s Edge
• Email services
• Data storage supporting all of the above
• Computer hardware and related third-party costs, including but not limited to:
o Workstations
o Antivirus measures
o Operating systems
o Any needed telecommunications interactivity
o Client access licenses
o Printers and related connectivity/services
• Information Technology (“IT”) services
• Photocopying capabilities
• Any needed up-grades to the foregoing
f. To the extent that City provides computer facilities, networks, licensed or developed software, email access, and/or other technology systems or equipment for Foundation use, Foundation acknowledges and agrees that Foundation shall:
• assumes full responsibility for proper use of the same • agrees to follow all applicable City policies, rules, and guidelines, including but not limited to provisions on privacy, copyright, confidentiality, and fraud or other malicious use
• assumes responsibility for protection of technologies from unauthorized access, misuse, theft, damage, or compromise of system integrity • agrees to utilize technology on behalf of only the Foundation, and that provision of technology does not constitute permission to conduct business under the name, guise, or identity of the City
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10 • agrees to report any breach of proper use, policy, protective measures, or other elements of this agreement immediately to Glendora Public Library Director or other City designee
• assumes responsibility for adherence of this agreement by any assignee(s) • assumes liability for all consequences of use, loss, disposition, and/or assignment of technologies provided for Foundation use
g. Foundation will be responsible for its own independent website and/or social media outlets. Foundation’s and City’s websites may contain a link to each other’s website in order to cross-reference information and internet traffic; provided, however, each party’s internet resources and outlets shall otherwise operate and be administered independently of the other. Nothing herein shall be deemed as establishing City’s website or any other media forum linked thereto as a “public forum” or “quasi-public forum” for open public use or commentary.

Foundation websites and media shall be maintained as a separate forum from City’s website(s) and media outlets.
h. All inventory and equipment purchased or provided by Foundation shall remain the property of Foundation.
i. Foundation shall be responsible to maintain the Premises in a clean and presentable manner and free from waste, debris, trash and other rubbish. Upon termination or expiration of this MOU for any reason, Foundation shall leave the Premises free from waste, debris, trash and other rubbish and in a good condition, subject to normal wear and tear.

4.2 City Maintenance. City will provide custodial services, facilities upkeep and routine enhancements for maintaining the Premises in a clean, workmanlike and neat condition.

Requests for maintenance shall be made through the Library Director or his/her administrative designees, not made directly of City facilities staff. For all Premises located within the Library, City will exercise all reasonable efforts to provide an aesthetically attractive work and study environment that reflects a cohesive Library atmosphere consistent with the overall Library improvement projects and timelines. City at its cost shall perform such inspections, maintenance and repairs as are necessary to ensure that all portions of the Premises are at all times in good repair and safe condition. City at its cost shall perform such inspections, maintenance and repairs as are necessary to ensure that all portions of the Premises, including but not limited to the following, are at all times in good repair and safe condition:
a. The structural parts of the building and other improvements that are a part of the Premises, which structural parts include the foundations, bearing and exterior walls (including glass and doors), subflooring, and roof;
b. The electrical, plumbing, and sewage systems, including, without limitation, those portions of the systems utilized by City lying outside the Premises; c. Window frames, gutters, and downspouts on the building and other improvements that are a part of the Premises;
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11 d. Heating, ventilation and air conditioning (“HVAC”) systems servicing the Premises; additionally, air-conditioning and heating filters are to be changed quarterly; e. The grounds, including all parking areas and outside lighting, grass, trees, shrubbery and other flora; and
f. Interior maintenance. City shall perform interior maintenance at a time and in a manner that will cause the least possible inconvenience, annoyance, or disturbance to authorized Foundation activities.

4.3 Keys; Security. Foundation shall be responsible for locking and securing the Premises. In those circumstances when Foundation is the last to utilize any portion of the Library facility outside of the Premises, Foundation shall also be responsible for locking and securing the same. Upon acceptance of keys to the Premises or any portion of the Library facility outside of the Premises, Foundation:
a. Assumes full responsibility for proper use and security of keys until returned to the Library Director or other City designee; b. Agrees to follow all applicable City and Library Policies for purposes of building security and safe use;
c. Agrees to not duplicate any key(s) owned or controlled by City without prior written consent of the Library Director or City and Library designee; d. Agrees to report any lost or stolen keys immediately to the Glendora Police Department and Library Director; and
e. Assumes liability for all consequences of use, loss, disposition, and/or assignment of keys to Premises pursuant to the indemnity provisions of this MOU.

5. FINANCIAL OBLIGATIONS

5.1 No City Funding. This MOU shall in no way hold or obligate City to supply or transfer funds or other assets to Foundation. In the event that a contribution of funds or assets becomes necessary, any such endeavor shall be outlined in a separate and mutually agreed-upon written instrument between the parties or representatives of the parties in accordance with current governing laws and regulations, and in no way does this MOU provide such right or authority.

5.2 No Rent. In recognition of the support and substantial public benefits provided to the Library, City and its citizens by Foundation, City agrees to waive rental or license fees for Foundation’s use and occupation of the Premises as specified in this MOU.

5.3 Utilities. City shall furnish to the Premises and pay all service charges and related taxes for electric, gas, water, sewer, trash, fire alarm service and all other utilities. City shall also pay for those services and facilities identified in Section 4.1(d) and (e), above, for the term specified therein.

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12 5.4 Certain Fee Waivers. It is acknowledged that Foundation holds fundraising events and Library programs that may require a special events permit, sign permit, or other such entitlement from the City pursuant to the Glendora Municipal Code. Fee waivers for any additional activities occurring on City property shall be requested in writing, and shall be considered solely at the discretion of the Library and appropriate permitting authorities. Such requests and waivers shall be made and issued in a format substantially consistent with those request and issuance forms attached hereto as Exhibit “B”.

5.5 Use of City Resources and Staff. Inasmuch as City resources may be requested to support Foundation programs, services and events within City facilities, the availability of such resources, amount of time and type of assistance that will be provided, and any assignment of City staff member(s) (including the Library Director) in response to such Foundation request shall be subject to the prior written approval of the Library Director in his/her sole discretion. City staff shall be designated by the Library Director and receive any and all direction from the Library Director. It is anticipated that no more than a maximum of one hundred (100) hours of City staff time will be provided annually for such assistance to the Foundation, subject to sub-sections (a), (b) and (c) hereinafter. All Foundation requests for use of City staff and resources not otherwise specified in this MOU shall be made to the Library Director, who may elevate such requests and/or coordination of staffing/resources efforts to the City Manager. a. Subject to the terms of this Section 5.5, City may provide City staff administrative assistance to the Foundation for purposes of grant writing that will benefit the Library.
b. Notwithstanding the hours limitation upon City staff time noted in this Section 5.5 above, City agrees to provide City staff assistance to the Foundation for special events organized by the Foundation that are intended to benefit the City provided that such staff is available to provide such assistance and provided further that the same shall be designated by the Library Director in his/her sole and absolute discretion. c. The City does not guarantee the availability of City staff assistance for each request by the Foundation.

5.6 Grant Funding Opportunities. Prior to the end of each fiscal year, City shall submit grant applications for Library program funding to Foundation for the following fiscal year pursuant to the guidelines the Board of Directors of Foundation (the “Foundation Board”) has established from time-to-time. Foundation may approve such grant and funding requests in its sole and absolute discretion. Any grant or funding requests from City for special projects or grant opportunities that are identified after the commencement of a fiscal year, shall be presented in writing at any time to Foundation in accordance with the guidelines previously established, with Foundation maintaining sole and absolute discretion to approve or deny the grant or funding request.
.

5.7. City and Foundation may negotiate on a case-by-case basis the roles of each regarding administration of third-party grants benefiting services provided by the Library.

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13 6. DONATIONS AND FUNDRAISING

6.1 Non-Monetary Donations. Foundation and City occasionally collect non-monetary donations of books, media, research materials and equipment, and other materials that are appropriate for either (i) inclusion within City’s Library facility and/or collection of public resources, or (ii) sale by the Foundation for purposes of Library fundraising. Absent clear donor intent to make a donation to Foundation, any time such non-monetary donations are made to either City or Foundation, City shall have a right of first refusal to determine which materials shall be reserved for inclusion in the Library’s facility and/or public collection materials. a. Non-monetary donations retained by City will be retained and managed by City in accordance with State law.
b. Foundation may take possession of all remaining donated materials not reserved to the Library’s public collection and will be retained and managed by the Foundation.

Foundation agrees to sell or utilize such donations strictly for purposes consistent with Library fundraising or use in Library programs, unless the materials are not reasonably marketable or usable for such purposes, in which case Foundation may otherwise donate or dispose of the donation(s).

6.2 Monetary Donations.
a. All monetary donations made to the Foundation’s investment fund shall be retained and managed by Foundation solely at its cost. City shall not be liable for any administrative, investment-related or financial management actions taken by Foundation with respect to monetary donations made to it.
b. All monetary donations made directly to City shall be retained and managed by City solely at its cost. Foundation shall not be liable for any administrative, investment-related or financial management actions taken by City with respect to monetary donations made to it.

6.3 Fundraising. Foundation may conduct fundraising events to raise revenues that will be utilized to support Library programs and services approved by the Library Board and consistent with the purposes of this MOU and Article 3 of Foundation’s Bylaws. Foundation shall provide City with a minimum fourteen (14) days’ written notice (or such minimum notice as needed to secure a special events permit, if applicable) if Foundation’s use of City facilities is needed for Foundation-sponsored Library or fundraising events and programs outside of either (i) normal Library operating hours, or (ii) the normal scope of Foundation services. Foundation shall make every effort to minimize the impact on scheduled City programs and resources. a. Foundation will be responsible for operating expenses relating to all its fundraising activities, including without limitation the costs of postage, large copy jobs, and consumable office supplies used in those activities, and further including without limitation the provision of pens, presentation folders, notebooks, card stock, and printing costs. b. Notwithstanding Section 4.1(b) above, City shall permit Foundation to use the Library’s identity for purposes of advertising permissible Foundation fundraising events.

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14 7. MUTUAL INDEMNIFICATION

7.1 Foundation Indemnity. Foundation shall indemnify, defend and hold harmless City, including its officers, employees, agents, representatives, and successors in interest, from and against any liability (including liability for claims, suits, actions, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, defense costs and expert witness fees) arising from or related to any third party claim against City, its officers, employees, agents, representatives, or successors in interest that arise or result in whole or in part from any actual or alleged act or omission of Foundation, its agents, employees, subcontractors, agents, or representatives in the performance of this MOU. This provision shall survive the expiration or termination (for any reason) of this MOU and shall remain in full force and effect.

7.2 City Indemnity. City shall indemnify, defend and hold harmless Foundation, including its officers, employees, agents, representatives, and successors in interest, from and against any liability (including liability for claims, suits, actions, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, defense costs and expert witness fees) arising from or related to any third party claim against Foundation, its officers, employees, agents, representatives, or successors in interest that arise or result in whole or in part from any actual or alleged act or omission of City, its agents, employees, subcontractors, agents, or representatives in the performance of this MOU. This provision shall survive the expiration or termination (for any reason) of this MOU and shall remain in full force and effect.

7.3 City assumes no liability for private or personal property of Foundation, its employees, officers, volunteers, or agents that may be stored in City facilities.

8. INSURANCE

8.1 Foundation agrees to procure, at its sole cost and expense, and maintain in full force and effect, for the life of this MOU the following insurance with an insurer or insurers satisfactory to City:
a. General Liability Insurance with Bodily Injury and Property Damage limits of not less than $2,000,000 (two million) combined single limit, per occurrence, and $4,000,000 (four million) in the annual aggregate.
b. Contractual liability coverage sufficiently broad so as to include the liability assumed by the Foundation in the indemnity or hold harmless agreement included in this contract. c. A cross-liability clause, or equivalent wording, stating that coverage shall apply separately to each named or additional insured as if separate policies had been issued to each.

8.2 All of the above policies of insurance shall be primary insurance and shall name City, its elected or appointed officials, officers, employees, and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against City, its elected or appointed officials, officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without Item #12. Page 16
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15 providing thirty (30) days prior written notice by registered mail to City’s Library Director and Risk Management officer. In the event any of said policies of insurance are canceled, Foundation shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to City’s Library Director and Risk Management officer. No work, services, duties, responsibilities, or obligations shall commence or take effect under this MOU until Foundation has provided City’s City Clerk with Certificates of Insurance or appropriate insurance binders, and additional ensured endorsement, evidencing the above insurance coverages and said Certificates of Insurance and endorsements are approved by the City.

8.3 Foundation agrees that the provisions of this Section shall not be construed as limiting in any way the extent to which Foundation may be held responsible for the payment of damages to any persons or property resulting from the Foundation’s activities or the activities of any person or persons for which Foundation is otherwise responsible.

8.4 The insurance required by this MOU shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City due to unique circumstances.

9. MISCELLANEOUS

9.1 Transfer Restrictions. Foundation shall not contract with any other entity to perform, in whole or in part, the services to be provided pursuant to this MOU without the advance written approval of City. Neither this MOU, nor any interest created by it, may be assigned or transferred by Foundation, voluntarily or by operation of law, without the prior written approval of City’s Council, which approval shall include assignment and assumption instruments in a form acceptable to the City Attorney.

9.2 Inspection of Foundation Records. Because private funds are being raised to support public projects, Foundation will permit, upon reasonable notice, authorized officials of City’s Finance Department, or designees, to inspect all Foundation’s books and records, as required by law, except to the extent such inspection violates rights to privacy or confidential donor information. Any such City inspections shall be at City’s sole cost and expense.

9.3 Legal Actions; Venue. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this MOU. It is understood that this MOU shall be governed by and construed under and in accordance with the laws of the State of California. Venue for any actions arising under this MOU shall be in the County of Los Angeles, State of California.

9.4 Non-Waiver of Terms, Rights and Remedies. Failure to insist on compliance with any term, covenant or condition contained in this MOU shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power contained in this MOU at any one time or more times be deemed a waiver or relinquishment of any right or power at any other time or times.

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16 9.5 Attorney’s Fees. In the event that either party to this MOU shall commence any legal action or proceeding to enforce or interpret the provisions of this MOU, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees. The venue for any such litigation shall be Los Angeles County.

9.6 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail or email (with receipt confirmed) to the addresses set forth below, or such other addressed as may from time to time be designated by mail.

City: Janet Stone
Library Director
City of Glendora
140 S. Glendora Ave.

Glendora, CA 91741
Email: [email protected]
With a Copy to: Aleshire & Wynder, LLP
Continental Park Terrace
2361 Rosecrans Avenue, Suite 475
El Segundo, California 90245
Attention: William W. Wynder, Esq.

Email: [email protected]
Foundation: Maggie Lara
Executive Director
Glendora Public Library Friends Foundation
140 S. Glendora Ave.

Glendora, CA 91741
[email protected]

9.7 Exhibits. All documents referenced as exhibits in this MOU are hereby incorporated into this MOU as if set forth fully herein.

9.8 Amendment. This MOU may be amended or modified at any time in writing by mutual consent of both parties.

9.9 Recitals. The Recitals preceding the terms of this MOU are incorporated by reference and hereby made a part of this MOU.

9.10 Entire Agreement. This MOU, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Foundation.

This MOU supersedes all prior oral or written negotiations, representations, or agreements. This MOU may not be amended, nor any provision outreach hereof waived, except in a writing signed by the parties that expressly refers to this MOU.

9.11 Severability. In the event that any provision of this MOU shall be deemed to be Item #12. Page 18
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17 severable or invalid, and if any term, condition, phrase or portion of this MOU shall be determined to be unlawful or otherwise unenforceable, the remainder of the MOU shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this MOU to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

IN WITNESS WHEREOF, the parties hereto hereby execute this MOU to commence as of the Effective Date defined above.
[SIGNATURES ON NEXT PAGE]
Item #12. Page 19
Meeting Date: 1/25/2022 / Packet Page #: 126
18 GLENDORA PUBLIC LIBRARY

FRIENDS FOUNDATION
By:

Robert “Bo” Gutzwiller, President
GPL Friends Foundation Board of
Directors
By:

Maggie Lara, Executive Director
GPL Friends Foundation

CITY OF GLENDORA
By:

Adam Raymond, City Manager

GLENDORA BOARD OF LIBRARY

TRUSTEES
By:

Tomoko Toland, President

GLENDORA PUBLIC LIBRARY
By:

Janet Stone, Library Director
ATTEST:

Date: By:

Kathleen Sessman, MMC
City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
Item #12. Page 20
Meeting Date: 1/25/2022 / Packet Page #: 127
19 EXHIBIT “A”
Office, Donation and Storage Space Premises

Item #12. Page 21
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20 Item #12. Page 22
Meeting Date: 1/25/2022 / Packet Page #: 129
21 EXHIBIT “B”
Forms for Fee Waiver Requests and Issuances Related to Foundation Events Item #12. Page 23
Meeting Date: 1/25/2022 / Packet Page #: 130
Execute a Memorandum of Understanding (MOU)
between the Glendora Public Library
Friends Foundation (GPLFF)
and the City of Glendora
(Strategic Plan Item 40 - EMO)
City Council
January 25, 2022 GlendoraLibrary.org
Item #12. Page 24
Meeting Date: 1/25/2022 / Packet Page #: 131
2 SUMMARY
• Glendora Public Library Friends Foundation (GPLFF) provides “financial and volunteer support to enhance the services of the Glendora Public Library” • Center for Nonprofit Management (CNM) recommended the development of a memorandum of understanding (MOU)
• The proposed MOU has been approved by the GPLFF Board of Directors • Board of Library Trustees has recommended approval by Council Item #12. Page 25
Meeting Date: 1/25/2022 / Packet Page #: 132
3 HISTORY
• City actions date back to 2017, with CNM’s study of three support foundations • 2019: Council approved Community Services Foundation MOU • 2019: City Attorney’s team constructed an original MOU for City/GPLFF; draft was shared with GPLFF
• 2020-2021: GPLFF MOU continued development
• 2021: After draft approved by GPLFF Board, Board of Library Trustees unanimously voted to recommend approval by Council
Item #12. Page 26
Meeting Date: 1/25/2022 / Packet Page #: 133
4 DISCUSSION
• GPLFF was established upon initiative of private donors and citizen volunteers in 1993 • In the current fiscal year alone, GPLFF is providing $387,000 in support • encouraging lifelong learning, literacy, and community connection • Summer Discovery Challenge
• events like opera talks
• one-on-one literacy tutoring
• books and other resources
• online tutoring
• downloading and streaming, and other opportunities
Item #12. Page 27
Meeting Date: 1/25/2022 / Packet Page #: 134
5 DISCUSSION
• To ensure continued provision of efficient support, the City:
• Shares space
• Waives rental and fees for space
• Provides, without charge, limited event and marketing support Item #12. Page 28
Meeting Date: 1/25/2022 / Packet Page #: 135
6 DISCUSSION
The MOU
• Term: five years
• Subject to annual review, and to termination and holdover clauses • Contacts: Library Director, City Attorney, GPLFF Executive Director • Signatories: GPLFF President and Executive Director, City Manager, Board of Library Trustees President, and Library Director (with approval/attestation by City Attorney and City Clerk)
Item #12. Page 29
Meeting Date: 1/25/2022 / Packet Page #: 136
7 DISCUSSION
Benefits of the terms:
• Affirming support, policy, and advocacy roles
• Confirming GPLFF responsibility for its employees
• Clarifying the approach toward potential conflicts of interest • Limiting liability, addressing indemnity, and confirming insurance requirements • Affirming confidentiality of records where applicable • Addressing tax-related needs
Item #12. Page 30
Meeting Date: 1/25/2022 / Packet Page #: 137
8 DISCUSSION
Benefits of the terms, continued:
• With regard to facilities: defining, clarifying, and/or affirming availability, activities, access, maintenance, security, and fees
• Outlining expectations of technological support for a 2-year transitional period and afterward
• Defining availability of City resources and staff
• Affirming grant funding opportunities
• Clarifying fundraising roles and donation disposition Item #12. Page 31
Meeting Date: 1/25/2022 / Packet Page #: 138
9 FISCAL IMPACT
Library Development division
• Formed in recent years and included in FY 2021/22 & 2022/23 Adopted Two-Year Budget
• Estimates the costs of supporting GPLFF that are not otherwise funded by GPLFF • Office supplies, building materials, operating leases, printing, electric, gas, information technology, liability insurance, and involvement of administrative staff
• For FY2021/22, costs were estimated at $ 73,994
Item #12. Page 32
Meeting Date: 1/25/2022 / Packet Page #: 139
10 FISCAL IMPACT
GPLFF
• MOU intends to ensure continued efficient GPLFF support • Routinely results in six figures of grant support annually, as described earlier • encouraging lifelong learning, literacy, and community connection • Summer Discovery Challenge
• events like opera talks
• one-on-one literacy tutoring
• books and other resources
• online tutoring,
• downloading and streaming, and other opportunities
Item #12. Page 33
Meeting Date: 1/25/2022 / Packet Page #: 140
11 RECOMMENDATION
That the City Council:

1. Authorize the City Manager to execute a Memorandum of Understanding (MOU) between the Glendora Public Library Friends Foundation (GPLFF) and the City of Glendora.

Item #12. Page 34
Meeting Date: 1/25/2022 / Packet Page #: 141
12 Questions?
Item #12. Page 35
Meeting Date: 1/25/2022 / Packet Page #: 142

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 25, 2022
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): 3
SUBJECT: MEDA AVENUE AND BUS PLAZA CONCEPTUAL IMPROVEMENTS (STRATEGIC PLAN ITEM #4-ISED)

RECOMMENDATION
That the City Council:

1. Provide input regarding conceptual improvements and programming for Meda Avenue and Bus Plaza

EXECUTIVE SUMMARY
In Spring 2020 and in response to COVID-19, the City implemented temporary outdoor dining to assist restaurants in remaining open to serve customers. Over the past 18 months, the City has made several improvements to the outdoor dining experience in the Glendora Village. The first were temporary parklets along Glendora Avenue and using decorative planters along Meda Avenue to create a safe outdoor dining plaza on both sides of the street. Most recently, the City completed an improvement of the temporary parklets with the installation of seven permanent parklets along Glendora Avenue within the Glendora Village. This report presents concepts for additional improvements to Meda Avenue and the Bus Plaza with a particular focus on long-term strategies to create a dynamic and safe outdoor environment (Attachment A).

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On March 9, 2021, the City Council authorized staff to begin conceptual planning for improvements to Meda Avenue and the Bus Plaza. Staff awarded a contract to PlaceWorks, Inc. to develop conceptual plans to generate public input and to guide the decision on whether to pursue the permanent closure of Meda Avenue. Staff attended the Flashback Car Show in August 2021 to engage the public on design concepts.

On December 2, 2021, the conceptual improvements were presented to the Business Improvement District (BID) Board of Directors with no significant changes or comments.

On December 7, 2021, the conceptual improvements were presented to the Planning Commission with no significant changes or comments.

DISCUSSION
The outdoor dining program within Glendora Village proved popular and demonstrated the desire for more public space within the area. The experience with the temporary parklets as well as the closure of Meda Avenue illustrated opportunities to repurpose public rights-of-way for more civic and commercial uses.

Outreach
Since the closure of Meda Avenue, staff initiated the discussion around a form of permanent closure of Meda Avenue. Concurrent with the approval of the parklet program, staff requested and received direction from the City Council to explore design concepts for Meda Avenue and the Bus Plaza. Given restrictions on in-person meetings at the time, staff deferred outreach until August 2021 when an outdoor event provided an opportunity to conduct a design workshop in the field. Overall, staff engaged with well over Item #13. Page 1
Meeting Date: 1/25/2022 / Packet Page #: 143
Staff Report Page 2 of 3
100 stakeholders who offered comments and suggestions for Meda Avenue. Overwhelmingly, respondents wanted to keep Meda Avenue closed and focus on the space functioning as a town square.

Having a central gathering point with fun activities and street furniture was a frequent comment from stakeholders. In terms of specific thematic and design ideas: lighting, games, furniture, and art were very popular.

Based on the feedback received, PlaceWorks suggested having three separate plazas with their own unique purpose. These concepts were shared with the immediate businesses along Meda Avenue as well as with the City Manager’s Office, Community Development Department, Public Works Department, and the Police Department.

Plaza Approach
Focusing on specific themes for each of the different plazas recognizes the unique constraints of each site as well as catalyzing the desire for more safe public outdoor spaces. Each plaza space is discussed below.
 West Meda Plaza is proposed to have a public games area, outdoor dining (including either parklets or communal seating), and lighting and shade sails. The public games can include things like giant chess, Jenga, mini-golf, and ping-pong. The idea here is that games would bring patrons into the space for dining and recreating. This approach will address the lighting issue which appears to be a deterrent to more activity and provide a more engaging atmosphere.  East Meda Plaza can be thought of as a lounge or living room area. Here, the west portion would include a children’s and family play area to draw people into the space. This can include topographic changes as well as dynamic lighting and other play structures. In the east end, the top portion would include a lounge area with communal seating and potential amenities like fireplaces or central gather spots. The area adjacent to T Philips would see outdoor dining either via parklets or tables. String lighting would also be deployed here.  The Bus Plaza presented a more challenging area to reimagine. Given very extensive utility locations under the Bus Plaza, PlaceWorks recommended a more modest approach, focusing on making the Bus Plaza the Civic Center area. This would leverage large events like the Holiday Stroll as well as promote more frequent outdoor programming like monthly concerts, plays, and reading circles for children. This can be accomplished by opening the space up and implementing more flexible seating, stacked decking, and additional lighting.

Outdoor Dining and Parklet Update
With substantial completion of the parklets, staff is continuing to work with the BID Board and restaurants to ensure compliance with the Parklet Manual and to address unforeseen challenges and opportunities.

Staff met with the BID Board in December 2021 to solicit feedback regarding ongoing operational and right-of-way issues. The BID Board directed the following:
 Allow dining along sidewalk provided minimum of four feet of clearance is maintained;  Allow entertainment provided guidelines are in place;  Outdoor smoking allowed only in designated areas, which excludes dining areas;  Allow access to power boxes for lighting; and
 Prohibit tents and low-quality umbrellas;
Staff is preparing a more detailed outdoor dining permit which will clarify feedback from the BID Board as well as feedback from the City Council.

In terms of next steps, staff considers these to be the remaining items:
 Installation of wheel stops – completed January 21, 2022;  Replace damaged bollards – new bollards should arrive mid-February 2022 Item #13. Page 2
Meeting Date: 1/25/2022 / Packet Page #: 144
Staff Report Page 3 of 3
 Traffic safety improvements around parklets – in development with completion anticipated in Spring 2022; and
 Updated Outdoor Dining Manual – draft to City Council in Spring 2022 and final by June 2022 Next Steps
This report concludes the conceptual design phase. Based on feedback collected, staff is prepared to move to formal design and develop detailed cost estimates. Once a final design and budget are approved, staff will initiate the construction and implementation phase.

FISCAL IMPACT
There is no fiscal impact from this action.

ENVIRONMENTAL DETERMINATION
Not applicable.

Prepared By Steven Mateer, Transportation Superintendent Concurs With Mark Davis, Planning Commission Chair
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney

ATTACHMENTS
A. Draft Design Concepts
B. Staff Presentation
Item #13. Page 3
Meeting Date: 1/25/2022 / Packet Page #: 145
W Meda Ave
N Glendora Ave.

N VIsta Bonita Ave.

Bobbi Pins & Hair
Sushi Ni
K&J Solutions
Frisella’s Roastery
Knot Too Shabby
Mr. Real Estate
The Diplomat Jr.

Top Billing Entertainment
Village Vault
Tech Powered
Computers
Campus Kuts
Huntington Escrow
Huntington
Escrow
T. Phillip’s Grill
Driskell & Gordon
Prime Lending
Gatsby Nails
SewNSew
Emporia
Natural
Health Drawn2Art
Nelson’s
Drug Store
De Avere
Salon
Kaleo
Real
Estate
Village
Barber
Glendora
Village
Goldsmith
W Meda
Plaza
E Meda
Plaza
Bus
Plaza
0’ 50’ 100’ NORTH
GLENDORA: PLAZAS
Item #13. Page 4
Meeting Date: 1/25/2022 / Packet Page #: 146
West Meda
East Meda
Bus Plaza
GLENDORA: EXISTING PLAZAS
Item #13. Page 5
Meeting Date: 1/25/2022 / Packet Page #: 147
Sushi Ni
K & I Solutions
E. MEDA AVE
Sushi Ni
K & I Solutions
E. MEDA AVE
0’ 10’ 20’ NORTH
Overhead element: string lights
attached to buildings under
colorful shade sails
outdoor dining,
picnic tables
parklet
parklet
pub games
WEST MEDA PLAZA: BEER GARDEN
Item #13. Page 6
Meeting Date: 1/25/2022 / Packet Page #: 148
Corn Hole Mini Golf
Giant Chess Ping Pong
Giant Jenga Four Square
WEST MEDA PLAZA: BEER GARDEN: GROUND
Item #13. Page 7
Meeting Date: 1/25/2022 / Packet Page #: 149
Outdoor Dining Mural
Outdoor Dining Mural
Outdoor Dining Parklets
WEST MEDA PLAZA: BEER GARDEN: SEATING
Item #13. Page 8
Meeting Date: 1/25/2022 / Packet Page #: 150
String Lights
Shade Sails
Shade Sails
Shade Sails
Shade Sails
WEST MEDA PLAZA: BEER GARDEN: SKY
Item #13. Page 9
Meeting Date: 1/25/2022 / Packet Page #: 151
Tech
Powered
Computers
VE
E. MEDA AVE
0’ 10’ 20’ NORTH
kids play green, may
include topography,
could include lighting
attachment points
lounge with firepit(s)
Overhead element: string lights on new posts,
over colorful table umbrellas
outdoor dining
parklet
parklet
EAST MEDA PLAZA: LOUNGE
Item #13. Page 10
Meeting Date: 1/25/2022 / Packet Page #: 152
Artificial turf
playscape
Self Watering
Planters
Artificial turf
playscape
Trees in
Planters
Artificial turf
playscape
EAST MEDA PLAZA: LOUNGE: GROUND
Item #13. Page 11
Meeting Date: 1/25/2022 / Packet Page #: 153
Outdoor Dining Parklets
Outdoor Dining
Outdoor Dining
Fire pits
Fire pits
EAST MEDA PLAZA: LOUNGE: SEATING
Item #13. Page 12
Meeting Date: 1/25/2022 / Packet Page #: 154
Umbrellas
(unified colors)
String Lights
String Lights
interacting w/
groundplane
String Lights in
playful arcs or
spriral patterns
Umbrellas
(unified colors)
Umbrellas
(unified colors)
EAST MEDA PLAZA: LOUNGE: SKY
Item #13. Page 13
Meeting Date: 1/25/2022 / Packet Page #: 155
0’ 16’ NORTH
Remove trellises,
lights, info kiosk,
planter Remove handrails
along front of
stage
Remove
permanently fixed
benches
BUS PLAZA: CIVIC CENTER: DEMO
Item #13. Page 14
Meeting Date: 1/25/2022 / Packet Page #: 156
Natural Health Drawn2Art
Village Barber
Kaleo
Real Estate

GLENDORA AVE
0’ 16’ NORTH
Elevated stage
(parklet decks)
Stacked crates,
hills and
platforms
Overhead color
canopy such as
baloons, umbrellas,
ribbons
Some lighting could be on new taller posts, controlled for color and brightness when bands are playing
Open space can accommodate market booths, audience
to the stage, or mobile cafe tables and chairs so they
can be rearraged for different uses
Platform
Seating
BUS PLAZA: CIVIC CENTER
Item #13. Page 15
Meeting Date: 1/25/2022 / Packet Page #: 157
Inviting stage
and audience
space
Seasonal
Celebrations
Community
Theater
Moveable cafe
tables and
seating
Modular
seating and
climbable
blocks
Reading Circle
BUS PLAZA: CIVIC CENTER: GROUND
Item #13. Page 16
Meeting Date: 1/25/2022 / Packet Page #: 158
Balloons
Banners
Umbrellas
Overhead
lighting
Posts for stage
lighting
BUS PLAZA: CIVIC CENTER: SKY
Item #13. Page 17
Meeting Date: 1/25/2022 / Packet Page #: 159
W Meda Ave
N Glendora Ave.

N VIsta Bonita Ave.

Bobbi Pins & Hair
Sushi Ni
K&J Solutions
Frisella’s Roastery
Knot Too Shabby
Mr. Real Estate
The Diplomat Jr.

Top Billing Entertainment
Village Vault
Tech Powered
Computers
Campus Kuts
Huntington Escrow
Huntington
Escrow
T. Phillip’s Grill
Driskell & Gordon
Prime Lending
Gatsby Nails
SewNSew
Emporia
Natural
Health Drawn2Art
Nelson’s
Drug Store
De Avere
Salon
Kaleo
Real
Estate
Village
Barber
Glendora
Village
Goldsmith
W Meda
Plaza
E Meda
Plaza
Bus
Plaza
0’ 50’ 100’ NORTH
GLENDORA: PLAZAS
Item #13. Page 18
Meeting Date: 1/25/2022 / Packet Page #: 160
Meda Avenue and Bus Plaza
Conceptual Improvements
Community Development
City Council
Item # 14
January 25, 2022
CityOfGlendora.org
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Item #13. Page 33
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Item #13. Page 34
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17 OUTDOOR DINNING AND PARKLET UPDATE
• Operational and compliance concerns
• Working closely with partners
• BID Board of Directors Feedback
• Allow dining along sidewalk provided minimum of four
feet of clearance is maintained;
• Allow entertainment provided guidelines are in place; • Outdoor smoking allowed only in designated areas, which excludes dining areas;
• Allow access to power boxes for lighting; and
• Prohibit tents and low-quality umbrellas
Item #13. Page 35
Meeting Date: 1/25/2022 / Packet Page #: 177
18 OUTDOOR DINNING AND PARKLET UPDATE
• Next Steps
• Installation of wheel stops – completed January 21, 2022; • Replace damaged bollards – new bollards should arrive mid-February 2022
• Traffic safety improvements around parklets – in development with completion anticipated in Spring 2022; and
• Updated Outdoor Dining Manual – draft to City Council in Spring 2022 and final by June 2022
Item #13. Page 36
Meeting Date: 1/25/2022 / Packet Page #: 178
19 That the City Council:

1. Provide direction to staff regarding
conceptual improvements and
programming for Meda Avenue and Bus
Plaza
Item #13. Page 37
Meeting Date: 1/25/2022 / Packet Page #: 179

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 25, 2022
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: CAPITAL IMPROVEMENT PROGRAM UPDATE – PART 2 FOR FISCAL YEARS 2021/23 PROJECTS (STRATEGIC PLAN ITEM 8-IFFS, 10-IFSS,46-IMCIF, 48-IMCIF, 49-IMCIF, 50- IMCIF, 52-IMCIF, 53-IMCIF, 54-IMCIF)

RECOMMENDATION
That the City Council:

1. Approve the amended FY 2021-2026 Capital Improvement Program.

2. Approve the supplemental appropriation from Water Capital reserves in the amount of $198,450 and from Measure M reserves in the amount of $77,550 for a total amount of $276,000.

3. Receive and file the Capital Improvement Program Update.

EXECUTIVE SUMMARY
The Public Works Department has identified new capital improvement projects benefitting the community that need to be added to the 5-Year Capital Improvement Program FY 2021/22 to FY 2025/26 (5-YR CIP) adopted with the Fiscal Year 2021/22 & 2022/23 Two-Year Budget.

This report also continues the 5-YR CIP update from the November 9, 2021 City Council Meeting (Attachment A) and provides a status update summary of active CIP projects.

BACKGROUND
On June 16, 2021, the City Council approved the Fiscal Year (FY) 2021/22 and 2022/23 Two-Year Budget, which included the 5-YR CIP. Funding was approved for the first year and programmed for the second year, and subsequent years will be subject to future budget allocations. In addition, ongoing projects approved by the City Council in previous years have been carried over to the current fiscal year (FY 2021/22).

On November 9, 2021, the Public Works Department presented the 5-YR CIP Update that included presenting packaging similar projects for procurement (Package 1 through Package 5).

On December 14, 2021, the City Council approved design contracts for Package 2 (Bennett Avenue Area Street and Water Improvements) and Package 5 (Traffic Signal - Bennett Avenue and Grand Avenue) projects.

DISCUSSION
Amend 5-Year Capital Improvement Program
At the November 9, 2021 City Council Meeting, staff presented the 5-YR CIP Update which included packaging 11 projects and focused on Package 1 through Package 5. Packages 2 (Bennett Avenue Area Street and Water Improvements) and 5 (Traffic Signal – Bennett Avenue and Grand Avenue) (3 projects) were awarded to design consultants and are currently under design. Packages 1 (Amelia Avenue and Cumberland Road Areas Street and Water Improvements), 3 (Leadora Area Street and Water Improvements), and 4 (Mauna Loa Area Street and Water Improvements) (8 projects) included some projects that were not programmed in the 5-Year Capital Improvement Program.

Item #14. Page 1
Meeting Date: 1/25/2022 / Packet Page #: 180
Staff Report Page 2 of 4
This report recommends amending the 5-YR CIP to include or move future year projects – Packages 1 (Amelia Avenue and Cumberland Road Areas Street and Water Improvements) and 4 (Mauna Loa Area Street and Water Improvements) – to FY 2021-2022 for design and to FY 2022-2023 for construction.

Package 3 (Leadora Area Street and Water Improvements) will be moved to FY 2023-2024 for design and FY 2024-2025 for construction. Such an amendment is needed to ensure the City has sufficient funds available to complete these projects. The projects were either requested in future years, or were added following additional field and maintenance issues, such as leaking pipes identified and evaluated under streets to be paved; the projects were also packaged to capture some economies of scale.

Separate reports on this City Council agenda recommend the award of a contract for project design for Packages 1 and 4, following consideration of this item. Construction is anticipated to occur following approval of FY 2022-2023 budget.

The tables below summarize the recommended changes discussed above to amend the 5-YR CIP.

Project
Code Description FundedFY 2021/22
Programmed
FY 2022/23
Proposed
FY24 to FY26
Total Project
Budget
Package 1 Adopted FY 2022 & FY 2023 2-Year Budget 5-Year CIP ST3,
ST11,
W11 &
W13
Amelia Ave &
Cumberland Area
Street Rehabilitation
& Water Main
Replacement
$50,000 $790,000 $1,750,000 $2,590,000
Package 1 Amended FY 2022 & FY 2023 2-Year Budget 5-Year CIP ST3,
ST11,
W11 &
W13
Amelia Ave &
Cumberland Area
Street Rehabilitation
& Water Main
Replacement
$226,000 $3,176,600 $- $3,402,600
Change From Adopted CIP $176,000 $2,386,600 ($1,750,000) $812,600 Appropriation Needed $176,000
Project
Code Description FundedFY 2021/22
Programmed
FY 2022/23
Unfunded
FY24 to FY26
Total Project
Budget
Package 3 Adopted FY 2022 & FY 2023 2-Year Budget 5-Year CIP New
Project
Leadora Area Street
Rehabilitation &
Water Main
Replacement
$- $- $- $-
Package 3 Amended FY 2022 & FY 2023 2-Year Budget 5-Year CIP New
Project
Leadora Area Street
Rehabilitation &
Water Main
Replacement
$- $- $4,600,000 $4,600,000
Change From Adopted CIP $- $- $4,600,000) $4,600,000
Appropriation Needed $-
Item #14. Page 2
Meeting Date: 1/25/2022 / Packet Page #: 181
Staff Report Page 3 of 4
Project
Code Description FundedFY 2021/22
Programmed
FY 2022/23
Unfunded
FY24 to FY26
Total Project
Budget
Package 4 Adopted FY 2022 & FY 2023 2-Year Budget 5-Year CIP ST26 &
W23
Mauna Loa Area
Street Rehabilitation
& Water Main
Replacement
$- $115,000 $2,235,000 $2,350,000
Package 4 Amended FY 2022 & FY 2023 2-Year Budget 5-Year CIP ST26 &
W23
Mauna Loa Area
Street Rehabilitation
& Water Main
Replacement
$100,000 $4,065,000 $- $4,165,000
Change From Adopted CIP $100,000 $3,950,000 ($2,235,000) $1,815,000 Appropriation Needed $100,000
Total Appropriation Needed
Packages 1 & 4 $276,000
Capital Improvement Program Update
During the FY 2021/22 budget process, the City Council approved a 5-YR CIP. With carryover funding for pending projects from previous years, as illustrated below:
 $10.9 million of funded projects carried over from prior years – 33 projects;  $11 million of funded projects for the current fiscal year (FY 2021/22) – 31 projects;  $14.7 million of programmed projects for the next fiscal year (FY 2022/23) – 23 projects; and,  $85.5 million of unfunded projects in future fiscal years (FY 2023/24 through FY 2025/26) –  48 projects.

At this time, staff is focused on prioritizing and expediting “active” projects which have been funded or programmed through FY 2022/23.

At the November 9, 2021 City Council Meeting, a report was provided with information on various active CIP items. This report serves as a continuation of that report and a summary update of active projects, as outlined in Attachment A.

Staff will be working to update the City’s website with information on the CIP projects. The webpage will include the Active CIP Projects List, project details, Water and Street Projects Maps, Street Moratorium Map, pictures of the work being done, and timelines on each of these projects. The public will have access to up-to-date information.

FUTURE CAPITAL IMPROVEMENT PROGRAM PLAN AMENDMENTS
Adjustments and amendments will continue to be proposed for the CIP as City staff is able to make progress on the projects that are currently programmed and budgeted, where savings can be captured, and as new projects are identified. As an example, in February 2022, City staff will present a report for the City Council’s consideration to amend the CIP to add and fund improvements to Finkbiner Park, as a result of the vandalism of the restroom facility; this project would also include upgrades to the nearby tennis court (fencing, lighting, addition of pickleball courts), playground (pour-in-place soft surface), as well as ancillary concrete and infrastructure improvements. Quarterly updates on the progress of the CIP will be presented to the Council on a regular basis.

Item #14. Page 3
Meeting Date: 1/25/2022 / Packet Page #: 182
Staff Report Page 4 of 4

FISCAL IMPACT
There is sufficient available balance in FY 2021/22 Measure M and Water Capital Fund Reserves to fund the supplemental appropriations for year one (FY2021/22) for the recommended amendments to the 5-YR CIP.

Fund Description Amount
Fund 255 Measure M $77,550
Fund 530 Water Capital Projects $198,450
Total $276,000

ENVIRONMENTAL DETERMINATION
This activity is not a “project” as defined by Section 21065 of the Public Resources Code or sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines Prepared By Alison Sweet, Public Works Director
Reviewed By Alison Sweet, Public Works Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved by Adam Raymond, City Manager
Legal Review William Wynder, City Attorney

ATTACHMENTS
A. Status update of Capital Improvement Projects
B. CIP Update Presentation 1-25-21
C. CIP Update Staff Report, dated November 9, 2021
Item #14. Page 4
Meeting Date: 1/25/2022 / Packet Page #: 183
ATTACHMENT A – CAPITAL IMPROVEMENT PROJECT UPDATES
PAGE 1

FACILITIES
Project
Code Description Funding Summary Project Status
F04
Bidwell Plaza Renovation
and Library Building
Exterior Weather Proofing
Funded FY 2021/22: $100,000
Programmed FY 2022/23: $90,000
Unfunded: $668,000
Preliminary structural analysis identified a need for additional studies. A more thorough assessment will be completed, pending submittal of an updated proposal in January 2022.

F09 City Hall Flooring
Replacement Programmed FY 2022/23: $151,800
To be packaged with F18 and F33. Anticipate hiring design consultant from on-call master consultant list and subject to City Council approval.

Tentative consultant award in April 2022.

F10
City Hall Message Display
Center/Marquee
Replacement
Programmed FY 2022/23: $37,950
To be packaged with F11, F22 and F31. Project history and materials being reviewed by staff in multiple departments including City Clerk, Community Development, Library and Public Works.

Tentative award date in September 2022.

F11 City Hall Signage Carried Over: $85,000
To be packaged with F10, F22 and F31. Project history and materials being reviewed by staff in multiple departments including City Clerk, Community Development, Library and Public Works.

Tentative award date in September 2022.

F13
City Yard Improved Access,
New Parks and Trees
Divisions Office Space
Funded FY 2021/22: $75,000
Programmed FY 2022/23: $75,000
Unfunded: $1,166,000
Contracted with JMD for design of improved secondary entrance off of Ada/Walnut. Preliminary drawings have been received and are under review. Reviewing prefabricated office space options.

Tentative start date in July 2022.

F14 Citywide Facility/Security
Assessment
Carried Over: $50,000
Funded FY 2021/22: $593,250
Programmed FY 2022/23: $302,500
Facility assessment proposal has been received and is under review.

Security assessment portion to be packaged with door replacement portion of F29 and F35. Proposal pending.

Anticipate utilizing cooperative purchasing contracts and tentatively awarding in February & March 2022, respectively.

F15 Citywide Space Planning
Assessment Carried Over: $49,800 Tentative consultant selection in March 2022.

F18 Council Chamber Interior
Upgrades and Expansion
Funded FY 2021/22: $426,250
Programmed FY 2022/23: $371,250
To be packaged with F09 and F33. Anticipate hiring design consultant from on-call master consultant list and subject to City Council approval.

Tentative consultant award in April 2022.

Item #14. Page 5
Meeting Date: 1/25/2022 / Packet Page #: 184
ATTACHMENT A – CAPITAL IMPROVEMENT PROJECT UPDATES
PAGE 2

FACILITIES
Project
Code Description Funding Summary Project Status
F19
Detective Bureau
Maintenance, Admin
Maintenance, Bathroom
Remodel
Funded FY 2021/22: $132,000
To be packaged with lobby remodel portion of F29. Anticipate utilizing Sourcewell ezIQC cooperative purchasing contractor. Job-walk pending.

Tentative award date in April 2022.

F21 HVAC Replacement
(Library)
Funded FY 2021/22: $184,050
Programmed FY 2022/23: $530,950
Design services for $33,500 awarded to ACCO Engineered Systems, Inc. at November 9, 2021 City Council meeting. Assessment and design work had commenced. Initial pricing estimate for construction received for approximately $663,000. This work is on-hold pending results of library structural analysis recommendations.

F22 Informational Digital
Marquee Programmed FY 2022/23: $56,925
To be packaged with F10, F11 and F31. Project history and materials being reviewed by staff in multiple departments including City Clerk, Community Development, Library and Public Works.

Tentative start date in January 2023.

F23
Interior Wayfinding and
Informational Signage
(Library)
Funded FY 2021/22: $15,180 Library staff are collaborating with Friends Foundation to refine scope of work. Public Works will assist as needed.

F24 La Fetra Center Building
Improvements Programmed FY 2022/23: $286,000 Anticipate utilizing Sourcewell ezIQC cooperative purchasing contractor. Job-walks to be scheduled in April 2022.

F25 La Fetra Demo and Rebuild
Exterior Stairs
Carried Over: $15,000
Funded FY 2021/22: $13,600
Reviewing design proposal. Based on preliminary numbers, either the project budget or scope will need to be re-evaluated.

Tentative award date in April 2022.

F26 Legion Building ADA Front
Door Replacement
Carried Over: $6,500
Funded FY 2021/22: $8,680
Repair work appears to have corrected issue without need for replacement. Decision to close project pending evaluation of continuing functionality.

Item #14. Page 6
Meeting Date: 1/25/2022 / Packet Page #: 185
ATTACHMENT A – CAPITAL IMPROVEMENT PROJECT UPDATES
PAGE 3

FACILITIES
Project
Code Description Funding Summary Project Status
F29 Lobby Door Replacement
and Lobby Remodel Programmed FY 2022/23: $66,000
Door replacement portion to be packaged with F14 and F35.

Anticipate utilizing cooperative purchasing contracts and tentatively awarding in March 2022.

Lobby remodel portion to be packaged with F19. Anticipate utilizing Sourcewell ezIQC cooperative purchasing contractor. Job-walk pending.

Tentative award date in April 2022.

F31 Marquee for PD/Library
area
Carried Over: $39,500
To be packaged with F10, F11, and F22. Project history and materials being reviewed by staff in multiple departments including City Clerk, Community Development, Library and Public Works.

Tentative start date of January 2023.

F32 New Office Space for Water
Division Funded FY 2021/22: $35,000
Anticipate utilizing Sourcewell ezIQC cooperative purchasing contractor.

Job-walk pending.

Tentative award date of April 2022.

F33 Outdoor Glass Doors
Finance Hall Programmed FY 2022/23: $12,650
To be packaged with F09 and F18. Anticipate hiring design consultant from on-call master consultant list and subject to City Council approval.

Tentative consultant award in July 2022.

F34 Outdoor Locker
Replacement
Carried Over: $22,835
Funded FY 2021/22: $41,938
City Council approved purchase of lockers at November 9, 2021 meeting. Delivery and installation pending.

Tentative start date of February 2022.

F35 Police Replace Secure
Doors Carried Over: $54,340
To be packaged with F14 and door replacement portion of F29.

Anticipate utilizing cooperative purchasing contracts and tentatively awarding in March 2022.

F39 Teen Center Facility Interior
Renovation Programmed FY 2022/23: $85,800
Anticipate utilizing Sourcewell ezIQC cooperative purchasing contractor.

Job walks to be scheduled in April 2021.

Tentative award date of July 2023.

F42 Transportation Roof
Replacement Carried Over: $23,430 To be packaged with SW5 and W28.Tentative award date of July 2022.

Item #14. Page 7
Meeting Date: 1/25/2022 / Packet Page #: 186
ATTACHMENT A – CAPITAL IMPROVEMENT PROJECT UPDATES
PAGE 4

FACILITIES
Project
Code Description Funding Summary Project Status
F43
Transportation Yard
Modernization and
Relocation
Funded FY 2021/22: $250,000
Programmed FY 2022/23: $138,500
Awaiting South Coast Air Quality Management District (AQMD) grant award January 2022.

Anticipate beginning construction June 2022.

F44 Water Refill Stations Funded FY 2021/22: $13,100
Programmed FY 2022/23: $13,350
Reviewing available models and assessing site plumbing infrastructure needs.

Tentative start date of May 2022.

IT
Project
Code Description Funding Summary Project Status
IT1 City Wide GIS
Implementation Phase 1
Funded FY 2021/22: $200,000
Programmed FY 2022/23: $195,000
Beginning infrastructure is in place. Upon approval of the enterprise license agreement with ESRI, IT will work with the City’s departments individually to assess needs and implement appropriate modules, and begin drone mapping the City to provide current data. Due to be completed in April 2022.

IT2
Citywide ERP & Land
Management IT
Assessment Plan
Carried Over: $75,000
Funded FY 2021/22: $371,250
Programmed FY 2022/23:
$1,888,750
Land Management IT Assessment Plan RFP out and available for review, with responses due February 4, 2022.

Tentative Contract Award and Implementation July, 2022.

IT3 Phone System Full or
Partial Replacement
Funded FY 2021/22: $30,000
Programmed FY 2022/23: $30,000
Pending IT assessment. Depending on the cost, a partial or total phone system replacement including hardware, software and licensing may be necessary.

IT4 Wireless Project Funded FY 2021/22: $65,000
Purchase of equipment approved by the City Council on December 14, 2021. Installation will be completed by City staff and an outside vendor.

Due to be completed in July 2022.

Item #14. Page 8
Meeting Date: 1/25/2022 / Packet Page #: 187
ATTACHMENT A – CAPITAL IMPROVEMENT PROJECT UPDATES
PAGE 5
PARKS
Project
Code Description Funding Summary Project Status
P03 Gladstone Park Playground
Project Funded FY 2021/22: $355,206 Construction awarded September 2021. Estimated project completion June 2022.

P06 Gladstone Water
Park/Splashpad
Carried Over: $275,000
Funded FY 2021/22: $275,000 Project currently on hold due to severe drought conditions.

P08 Glendora Urban Trail
Phase 2
Carried Over: $327,000
Funded FY 2021/22: $119,000
Programmed FY 2022/23: $416,000
Anticipate finalizing cooperative agreement with the San Gabriel Valley Council of Governments (SGVCOG) in Summer 2022, followed by continuation of design.

STORMWATER
Project
Code Description Funding Summary Project Status
SW1 Finkbiner Park Stormwater
Capture Project
Programmed FY 2022/23: $564,272
Unfunded: $23,815,728
Receiving $2,581,286 from Upper San Gabriel River Watershed Area Steering Committee. Agreement pending. Anticipate hiring design consultant in February 2022
SW2 Green Streets Feasibility
Study Assistance
Funded FY 2021/22: $15,000
Programmed FY 2022/23: $15,000
Funding and oversight by Los Angeles County Safe Clean Water Program. Applied for regional funding grant to complete the design.

Anticipate result in July 2022.

SW3 Storm Drain Inlet Insert
Installation
Funded FY 2021/22: $210,000
Programmed FY 2022/23: $210,000
Unfunded: $630,000
Anticipate hiring design consultant from on-call master consultant list.

Tentative award date of July 2022.

SW4 Stormwater Master Plan Programmed FY 2022/23: $250,000 Anticipate hiring design consultant from on-call master consultant list.

Tentative award date of March 2022.

SW5 Street Yard Roof Addition
Project Programmed FY 2022/23: $120,000 To be packaged with F42 and W28.

Tentative award date of July 2022.

Item #14. Page 9
Meeting Date: 1/25/2022 / Packet Page #: 188
ATTACHMENT A – CAPITAL IMPROVEMENT PROJECT UPDATES
PAGE 6

STREETS
Project
Code Description Funding Summary Project Status
ST1 ADA Ramps - Citywide Funded FY 2021/22: $150,000 To be packaged with ST8. Construction bids opened in January.

Construction award anticipated in February 2022.

ST2 ADA Transition Plan Programmed FY 2022/23: $275,000 Anticipate hiring design consultant from on-call master consultant list.

Tentative design award August 2022.

ST3
Amelia Avenue and
Wildwood Ranch Road
Street Rehabilitation
FundedFY 2021/22: $215,652
FY 2022/23: 3,186,948
Packaged with ST11, W11 and W13. Expanded scope will include Country Club Vista and portions of Country Club Drive and included in Amended 5-Year CIP at January 25, 2022 City Council Meeting.

Tentative pre-design kick-off meeting in February 2022.

ST4 Antique Street Lights
Funded FY 2021/22: $24,950
Programmed FY 2022/23: $25,050
Unfunded: $1,925,000
Contract for preliminary design awarded to JMD for $24,950.

Preliminary design beginning January 2022.

ST5
Bennett Avenue,
Washington, Westridge and
Bender cul-de-sacs Street
Rehabilitation
Carried Over: $910,000
Programmed FY 2022/23:
$1,170,000
Packaged with W3 and included in Amended 5-Year CIP at January 25, 2022 City Council Meeting. Design awarded to Onward Engineering at December 14, 2021 City Council Meeting.

Tentative pre-design kick-off meeting in February 2022.

ST6
CDBG Funded Bender,
Carter, Et. Al. Street
Rehabilitation
Funded FY 2021/22: $437,463
Programmed FY 2022/23: $248,140
Packaged with W02.

Construction award April 2022 (tentative).

Estimated project completion November 2022.

ST7 Citywide Electric Charging
Stations
Funded FY 2021/22: $150,000
Programmed FY 2022/23: $25,000
Unfunded: $100,000
AQMD Grant Funding was not awarded. Alternative funding will need to be identified. Project will be delayed as a result.

ST8 Citywide Sidewalk
Improvements
Funded FY 2021/22: $75,000
Programmed FY 2022/23: $75,000
Unfunded: $225,000
To be packaged with ST1. Construction bids opened in January 2021.

Construction award anticipated in February 2022.

Item #14. Page 10
Meeting Date: 1/25/2022 / Packet Page #: 189
ATTACHMENT A – CAPITAL IMPROVEMENT PROJECT UPDATES
PAGE 7

STREETS
Project
Code Description Funding Summary Project Status
ST9 Citywide Slurry Seal Project
Funded FY 2021/22: $250,000
Programmed FY 2022/23: $250,000
Unfunded: $750,000
Anticipate utilizing Sourcewell ezIQC cooperative purchasing contractor.

Reviewing proposal.

Tentative award and start of construction in April 2022.

ST10 Cullen Avenue Street
Improvement
Carried Over: $170,000
Funded FY 2021/22: $30,000
Packaged with W12. Construction Contract Awarded November 2021.

Construction start is delayed due to material procurement.

Estimated construction start is March 2022, subject to material delivery.

ST11 Cumberland, Palomar,
Lone Hill, N/O Foothill
FY 2021/22: $215,652
FY 2022/23 $3,186,948
Packaged with ST3, W11 and W13 and included in Amended 5-Year CIP at January 25, 2022 City Council Meeting.

Tentative pre-design kick-off meeting in February 2022.

ST12 Dawson, Pennsylvania,
Washington Carried Over: $220,000 Staff working on project closeout - Construction Completed ST13 Develop Local Roadway
Safety Plan (LRSP) Funded FY 2021/22: $55,000 Design services awarded at November 9, 2021 meeting. Design kick-off began December 2021.

ST14 Downtown Parking Lot
Rehabilitation Program
Programmed FY 2022/23: $250,000
Unfunded: $750,000
Anticipate hiring design consultant from on-call master consultant list.

Design will begin FY 2022/23 to coincide with budget programming.

ST15 Foothill Gold Line
Construction Management
Funded FY 2021/22: $550,000
Programmed FY 2022/23: $550,000
Unfunded: $600,000
Ongoing project to monitor Gold Line extension in the City of Glendora.

JMD, Inc. has been contracted to represent the City.

ST17 Glendora First/Last Mile
Program
Funded FY 2021/22: $320,000
Programmed FY 2022/23: $855,000
Anticipate finalizing cooperative agreement with SGVCOG in Summer 2022. Project will be phased based on the availability of funding.

ST21
Lawford, Cossacks, St.

Vladimir Street
Rehabilitation
Funded FY 2021/22: $407,000 Construction packaged with W09. Construction start delayed due to material procurement.

Estimated construction start February 2022, subject to material delivery.

Item #14. Page 11
Meeting Date: 1/25/2022 / Packet Page #: 190
ATTACHMENT A – CAPITAL IMPROVEMENT PROJECT UPDATES
PAGE 8

STREETS
Project
Code Description Funding Summary Project Status
ST22 Leadora Resurfacing
Design Carried Over: $63,265
Construction will be packaged with ST23 and W21. 85% street design completed. Water design and construction will be subject to future budget allocations.

ST23
Leadora from Yucca Ridge
to Grand Avenue Street
Improvement
New Unfunded: $2,150,000 Design packaged with W21. Construction will be packaged with ST22 and W21. Design and Construction will be subject to future budget allocations.

ST25
Lone Hill Phase 1 Street
Rehabilitation (DesignCaltrans)
Carried Over: $1,878,103
Pending California Department of Transportation (Caltrans) encroachment permit. Next step will be Preliminary Environmental Study (PES) form, followed by right-of-way certification and construction request for authorization (RFA).

ST26
Mauna Loa, east of
Glendora Ave Street
Improvements
Funded FY 2021/22: $93,821
FY 2022/23 $4,071,179
Packaged with W23 and included in Amended 5-Year CIP at January 25, 2022 City Council Meeting. Tentative pre-design kick-off meeting in February 2022.

ST27 Mountain View Ave Alley Carried Over: $105,000 Staff working on Project Closeout - Construction Completed ST28 North Loraine Avenue
Street Parking Facility Funded FY 2021/22: $50,000 Parking layouts under review. Tentative design award August 2022.

ST29
Pedestrian Crossing
Enhancement Elementary
Schools (Caltrans
Environmental Review)
Carried Over: $549,579
Federally funded project. No bidding prior to receiving Caltrans approval of funds. PES Form approved on 11/16/21. Next steps will be right-of-way certification and construction RFA.

ST32 San Dimas Wash Bridge
Improvements Design Carried Over: $246,811
City requested to change scope of work as initial scope is not needed.

Under Caltrans review.

Construction award anticipated December 2023.

ST34
Traffic Signal
Enhancements - Bennett
and Grand Intersection -
Left Turn Phasing
Funded FY 2021/22: $200,000
Programmed FY 2022/23: $200,000
Unfunded: $600,000
Design awarded at December 14, 2021 Council Meeting. Pre-design kick off meeting January 2022.

Estimated construction award September 2022.

Item #14. Page 12
Meeting Date: 1/25/2022 / Packet Page #: 191
ATTACHMENT A – CAPITAL IMPROVEMENT PROJECT UPDATES
PAGE 9
WATER
Project
Code Description Funding Summary Project Status
W02 Bender Carter Santa Fe
Newburgh Water Main Carried Over: $2,212,600
Packaged with ST6. Design has been completed. Construction Bid Opening on February 17, 2022.

Construction Award tentatively March 2022.

W03
Bennett Ave, Washington,
Westridge and Bender culde-sac
Funded FY 2021/22: $1,550,000
Programmed FY 2022/23:
$1,025,000
Packaged with ST5. Design awarded to Onward Engineering at December 14, 2021 City Council Meeting.

Tentative pre-design kick-off meeting in February 2022.

W04 Blue Bird Pump Station –
Construction
Funded FY 2021/22: $118,200
Programmed FY 2022/23:
$2,000,000
Unfunded: $2,000,000
Expected construction bid opening to be in July 2022 following design completion of W05. May package with W35.

W05
Bluebird Booster &
Distribution System –
Design
Carried Over: $281,794
Contract amendment for scope of work change. Contract amendment tentatively scheduled for City Council consideration in February 2022.

Design completion anticipated by August 2022. Water main construction projects W04 and W35 will follow. Tentative construction bid opening in July 2022.

W09
Cossacks Place, St.

Vladimir Street & Lawford
Street Improvement Project
Carried Over: $269,100
Funded FY 2021/22: $1,582,900
Packaged with ST11. Construction contract awarded July 2021.

Construction start delayed due to material procurement.

Estimated construction start February 2022, subject to material delivery.

W11
Country Club, Country Club
Vista Water Mains
Replacement
Funded FY 2021/22: $215,652
FY 2022/23 $3,186,948
Packaged with ST3, ST11, and W13 and included in Amended 5-Year CIP at January 25, 2022 City Council Meeting.

Tentative pre-design kick-off meeting in February 2022.

W12 Cullen Water Main Carried Over:$209,300
Funded: FY 2021/22:$54,700
Packaged with ST10. Construction contract award November 2021.

Construction start delayed due to material procurement.

Estimated construction start in March 2022, subject to material delivery.

Item #14. Page 13
Meeting Date: 1/25/2022 / Packet Page #: 192
ATTACHMENT A – CAPITAL IMPROVEMENT PROJECT UPDATES
PAGE 10
WATER
Project
Code Description Funding Summary Project Status
W13 Cumberland, Palomar,
Lone Hill (N/O Foothill)
Funded FY 2021/22: $215,652
FY 2022/23 $3,186,948
Packaged with ST3, ST11, and W11 and included in Amended 5-Year CIP at January 25, 2022 City Council Meeting.

Tentative pre-design kick-off meeting in February 2022.

W14 Dawson Water Main
Replace Carried Over: $500,000 Project Completed. Notice of Completion approved on 10/12/2021.

W15 Donnington Water Main Carried Over: $358,415 Project Completed. Notice of Completion approved on November 9, 2021.

W17
Gladstone Water Reservoir
Demolition and Parking Lot
Improvements
Carried Over: $949,263 Design completion December 2021. Construction bidding anticipated February 2022. Estimated construction completion July 2022.

W21
Leadora from Yucca Ridge
to Grand Water Mains
Replacement
New Unfunded: $2,450,000 Construction will be packaged with ST22 and ST23. Water design and construction will be subject to future budget allocations.

W23
Mauna Loa, east of
Glendora Ave Water Main
Project
Funded FY 2021/22: 115,000
Packaged with ST26. Design award to be recommended, and included in Amended 5-Year CIP at January 25, 2022 City Council Meeting.

Tentative pre-design kick-off meeting in February 2022.

W24
New PM_26A & Big Dalton
Spreading Ground
Improvements and MultiUse Facility
Funded FY 2021/22: $1,500,000
This is a joint venture with Los Angeles County Flood Control District and Three Valleys Municipal Water District. The City is currently evaluating the project to gauge extent of participation and cost sharing.

W27 Route 66 (Elkhorn) Water
Main Replacement Carried Over: $263,754
Meters were installed in January 2022 by the Water Division. Official notifications were sent out to homeowners to inform them of the City's plan and gauge construction time of service line installation before removing the highline. One of two homeowners has installed their service lateral.

Item #14. Page 14
Meeting Date: 1/25/2022 / Packet Page #: 193
ATTACHMENT A – CAPITAL IMPROVEMENT PROJECT UPDATES
PAGE 11
WATER
Project
Code Description Funding Summary Project Status
W28
San Gabriel Plant and
Water Yard Warehouse
Roof Repairs
Programmed FY 2022/23: $280,000 To be packaged with F42 and SW5.

Tentative award date of July 2022.

W29
San Gabriel Plant
Emergency Generator
Power Load Reallocation
and Management
Carried Over: $330,000
Funded: FY 2021/22: $35,000 Pending W33 (Water Master Plan) recommendations.

W30 Silent Ranch Boosters
Upgrade
Carried Over: $70,000
Programmed FY 2022/23: $210,000 Pending W33 (Water Master Plan) recommendations.

W33 Water Master Plan Funded FY 2021/22: $250,000
Programmed FY 2022/23: $250,000
Staff is evaluating the three received RFP’s. Anticipate award in February 2022
W35 Wick Lane from Mountain
Lane to north cul-de-sac
Carried Over: $213,000
Programmed FY 2022/23: $157,000
Includes temporary upgrades for fire-flow. May package construction with W04.

Contract amendment tentatively to go to City Council in February 2022.

Design completion anticipated by August 2022.

Item #14. Page 15
Meeting Date: 1/25/2022 / Packet Page #: 194
Capital Improvement Plan
Update – Part 2
Public Works Department
City Council
January 25, 2022
CityOfGlendora.org
Item #14. Page 16
Meeting Date: 1/25/2022 / Packet Page #: 195
Background
• 2020-2023 Strategic Plan
– Improve and maintain the City’s infrastructure and facilities – Update the City’s Capital Improvement Plan
• Plan for a 1, 2, 5 and 10 year horizon
• June 16, 2021, City Council approved the Fiscal Year 2021/22 & 2022/23 Two Year Budget, which included a 5-year Capital Improvement Plan (CIP) totaling approximately – $11 million of funded projects for the current fiscal year (FY 2021/22) – 45 projects – $14.7 million of programmed projects for the next fiscal year (FY 2022/23) – 50 projects – $85.5 million of currently unfunded projects in future fiscal years (FY 2023/24 through FY 2025/26) – 65 projects
2 Item #14. Page 17
Meeting Date: 1/25/2022 / Packet Page #: 196
5-Year CIP Amendment
• This recommendation is to amend the 5-Year CIP to include or move future year projects
– Package 1 (Amelia Avenue and Cumberland Road Areas Street and Water Improvements)
• Move to FY 2021-2022 for design and to FY 2022-2023 for construction. – Package 4 (Mauna Loa Area Street and Water Improvements) • Move to FY 2021-2022 for design and to FY 2022-2023 for construction. – Package 3 (Leadora Area Street and Water Improvements) • Move to FY 2023-2024 for design and FY 2024-2025 for construction. 3 Item #14. Page 18
Meeting Date: 1/25/2022 / Packet Page #: 197
Package 1 CIP Amendment
4 Project
Code Description FundedFY 2021/22
Programmed
FY 2022/23
Unfunded
FY24 to FY26
Total Project
Budget
Package 1 Adopted FY 2022 & FY 2023 2-Year Budget 5-Year CIP ST3, ST11,
W11 &
W13
Amelia Ave & Cumberland
Area Street Rehabilitation &
Water Main Replacement
$50,000 $790,000 $1,750,000 $2,590,000
Package 1 Amended FY 2022 & FY 2023 2-Year Budget 5-Year CIP ST3, ST11,
W11 &
W13
Amelia Ave & Cumberland
Area Street Rehabilitation &
Water Main Replacement
$226,000 $3,176,600 $- $3,402,600
Change From Adopted CIP $176,000 $2,386,600 ($1,750,000) $812,600 Appropriation Needed $176,000
Item #14. Page 19
Meeting Date: 1/25/2022 / Packet Page #: 198
Package 4 CIP Amendment
5 Project
Code Description FundedFY 2021/22
Programmed
FY 2022/23
Unfunded
FY24 to FY26
Total Project
Budget
Package 4 Adopted FY 2022 & FY 2023 2-Year Budget 5-Year CIP ST26 &
W23
Mauna Loa Area Street
Rehabilitation &
Water Main Replacement
$- $115,000 $2,235,000 $2,350,000
Package 4 Amended FY 2022 & FY 2023 2-Year Budget 5-Year CIP ST26 &
W23
Mauna Loa Area Street
Rehabilitation &
Water Main Replacement
$100,000 $4,065,000 $- $4,165,000
Change From Adopted CIP $100,000 $3,950,000 ($2,235,000) $1,815,000 Appropriation Needed $100,000

Total Appropriation Needed Packages
1 & 4 $276,000
Item #14. Page 20
Meeting Date: 1/25/2022 / Packet Page #: 199
Completed Projects
6 Completed Projects
Active
Project
Code
Description Final Construction Cost Project Status
ST12 Dawson, Pennsylvania,
Washington
$218,914 Construction Completed
-Staff working on Project Closeout
ST27 Mountain View Ave Alley $105,000 Construction Completed -Staff working on Project Closeout
W14 Dawson Water Main Replace $495,842 Notice of Completion approved on 10/12/2021.

W15 Donnington Water Main $122,522 Notice of Completion approved on 11/9/2021.

Item #14. Page 21
Meeting Date: 1/25/2022 / Packet Page #: 200
Project Organization – Active Project List
7 Item #14. Page 22
Meeting Date: 1/25/2022 / Packet Page #: 201
Design Services Award for Packaged Projects
8 • Design proposals packaged
together for 11 Water, Street
and Traffic Signal Improvement
projects
• 5 Packages for design
– Package 1 (Amelia Avenue and Cumberland
Road Areas Street and Water Improvements)
– Package 2 (Bennett Avenue Area Street and
Water Improvements)
– Package 3 (Leadora Area Street and Water
Improvements)
– Package 4 (Mauna Loa Area Street and Water
Improvements)
– Package 5 (Traffic Signal - Bennett Avenue and
Grand Avenue)
Item #14. Page 23
Meeting Date: 1/25/2022 / Packet Page #: 202
CIP Contract Award Options
9 • On Call Master List
• Packaging Projects
• Cooperative Purchasing Agreement
• Assessment Studies
Item #14. Page 24
Meeting Date: 1/25/2022 / Packet Page #: 203
Upcoming City Council CIP Items
10 • Assessment/Study Awards
– Water Master Plan
– Asset Management Software – GIS (Water)
– Citywide Facility Assessment
– Bidwell Plaza Renovation and Library Building Exterior Weather Proofing • Amendment to structural assessment agreement only
– Citywide Security Assessment
Item #14. Page 25
Meeting Date: 1/25/2022 / Packet Page #: 204
Upcoming City Council CIP Items
11 • Design Award
– Packages 1 and 4 Water and Street Design
– La Fetra Demo and Rebuild Exterior Stairs
– Council Chamber Interior Upgrades and Expansion
– Bidwell Plaza Renovation and Library Building Exterior Weather Proofing – Bluebird Booster & Distribution System ; Wick Lane from Mountain Lane to north cul-desac Item #14. Page 26
Meeting Date: 1/25/2022 / Packet Page #: 205
Upcoming City Council CIP Items
12 • Construction Award
– Gladstone Park Playground Project
– Gladstone Reservoir (8) and Booster Demolition
– Cullen Avenue Street and Water Improvement
– Citywide Slurry Seal Project
– Bender, Carter, Et. Al Water and Street
– Chlorination Pumps and Skid Replacement
– Lobby Door Replacement, and Police Replace Secure Doors – Detective Bureau Maintenance, Admin Maintenance, Bathroom Remodel, and Lobby Remodel – Citywide ADA Ramps and Citywide Sidewalk Improvements • CIP Amendments
– Finkbiner Park Bathrooms and Playground Area Renovation Item #14. Page 27
Meeting Date: 1/25/2022 / Packet Page #: 206
13 • To Start Construction
– Lawford, Cossacks, St. Vladimir Street and Water Improvements – Cullen Avenue Water and Street
• CIP Challenges
– Grant Funding
– Damage to City Infrastructure
– Material Availability
Other Updates Item #14. Page 28
Meeting Date: 1/25/2022 / Packet Page #: 207
Recommendation
That the City Council:

1. Amend the 5-Year Capital Improvement Program; and

2. Approve the supplemental appropriation from Water Capital reserves in the amount of $198,450 and from Measure M reserves in the amount of $77,550 for a total of $276,000.
14 Item #14. Page 29
Meeting Date: 1/25/2022 / Packet Page #: 208

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: NOVEMBER 9, 2021
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: CAPITAL IMPROVEMENT PROGRAM UPDATE (STRATEGIC PLAN ITEM 46 - IMCIF)

RECOMMENDATION
That the City Council:
1) Receive and file the report.

EXECUTIVE SUMMARY
This is an update on the Fiscal Year (FY) 2021/22 and FY 2022/23 Capital Improvement Program, outlining the processes to deliver approximately $10.8 million FY 2020/21 projects, $10.9 million for FY 2021/22 projects and $14.7 million for FY 2022/23, pending approval and appropriation of future year budgets.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On June 16, 2021, the City Council approved the Fiscal Year 2021/23 Two Year Budget, which included a 5-year Capital Improvement Program (CIP). Funding was approved for the first year and programed for the second year. Each subsequent year will be subject to future budget allocations.

DISCUSSION
Background
An outcome of the 2020-2023 Strategic Planning Workshop was to prepare an update to the City’s CIP.

This included the development of a CIP over a 1, 2, 5 and 10-year planning horizon, prioritizing projects based on: facility, technology, and infrastructure assessments; community needs; input from the City Council; availability of funding resources; and, establishing realistic completion timelines.

During the FY 2021/22 budget process, as part of the development of a 5-year CIP, input was gathered from all City Departments, and previously funded projects yet to be completed were reviewed and evaluated for scope and costs, including the potential need for outside professional services for design and construction management.

The City Council ultimately approved a 5-year CIP (Attachment A). With carryover funding for pending projects from previous years, the current formally adopted plan includes approximately:
 $10.9 million of funded projects that are carryovers from prior years;  $11 million of funded projects for the current fiscal year (FY 2021/22);  $14.7 million of programmed projects for the next fiscal year (FY 2022/23); and,  $85.5 million of unfunded projects in future fiscal years (FY 2023/24 through FY 2025/26).

Item #14. Page 30
Meeting Date: 1/25/2022 / Packet Page #: 209
Staff Report Page 2 of 6
Project Organization
To help organize and facilitate the delivery of projects included in the 5-year CIP, Public Works Department (PW) staff in turn created an Active Project List, including the addition of Project Codes broken up and numbered based on type. For example W02 – Bender Carter, et.al. is the second project under Water.

It should be noted that several unfunded projects are listed on the Active Project List that were identified as needs after the FY 2021/22 Budget process. Additionally, anticipated costs for some projects included in the FY 2021/22 Budget process have increased due to scope adjustments. Staff will return to the City Council at its December 14th meeting, with further details on these specific projects and recommendations on updating the City’s approved CIP Plan.

Various assessments and planning tools to help organize and prioritize existing and future CIP projects are included as projects themselves. Some of these assessments have been recently completed, or are active projects, as outlined in the table below.

Active Project Code Assessment Status/Timeline
F14
Citywide
Facility/Security
Assessments
Facilities condition assessment –
Anticipate recommending award January 2022.

Security assessment and implementation –
Anticipate recommending award January 2022.

N/A (complete) Citywide Pavement
Evaluation Update
Completed April 2021.

F15 Citywide Space
Planning
Preparing a proposal for consultant selection, with a
tentative release January 2022.

N/A (complete) Traffic Signal
Management Plan
Completed October 2021
W33 Water Master Plan RFP has been released with responses due December 16, 2021.

SW4 Stormwater Master Plan Programmed for FY 2022/23.

Project Procurement
PW staff is also seeking to utilize improved procurement strategies from those that have primarily been utilized by the City in the past. Three key changes from past practices include:
 Packaging similar project procurements requiring design together to get a better economy of scale and efficiency, as well as reduce administrative labor releasing multiple RFPs;  Creation of a more robust professional services on-call consultant list; and  Identification and utilization of relevant cooperative purchasing agreements.

Packaging Similar Project Procurements
PW staff is currently evaluating 12 proposals received from engineering firms for packaged water and streets projects and a traffic signal enhancement project. Rather than conducting multiple separate procurements, staff strategically packaged related projects, and then conducted a single request for proposals made up of those packages, which proposers could then bid on separately. Following the consultant selection process, award of these projects will be presented for City Council consideration to award a contract for design services. Award of design is tentatively scheduled for City Council consideration in December 2021.

Item #14. Page 31
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Staff Report Page 3 of 6
The total cost estimate of the packaged projects is $18,070,000, which includes design and construction; it is anticipated that design costs will account for approximately $1 million of the total cost. As professional services, proposals will be recommended based on demonstrated competence and the professional qualifications necessary for satisfactory performance of the services required, rather than on cost alone.

As mentioned previously, some of the projects included in the proposals are either requested in future years beyond FY 2022/23, or were added following additional field and maintenance issues, such as leaking pipes identified and evaluated under streets to be paved. For such projects, at the time of award of design services, staff will request the City Council to amend the CIP by adding/moving projects to FY 2021/22 and authorizing the Administrative Services Finance Division to reallocate or appropriate funding as needed. These projects’ cells have been highlighted blue in the tables below. Maps showing the locations of packaged and other identified Water and Streets rehabilitation projects are attached (Attachment B).

Staff is currently reviewing other projects to identify which specific amendments to recommend to City Council. Staff will have these identified at the December 14th City Council meeting when recommending award of design. Based upon preliminary review, sufficient funds should exist to complete the requisite design for each package. Identification of funds for construction costs will ultimately depend on the result of the design process, and will need to be identified at a future date. Having a fully designed projects will allow the City to be better positioned to apply for future grant funding.

Upon award of design, it is anticipated that development and subsequent public bidding out of project plans, specification and estimates (PSE) will take 9 to 12 months. Staff would then return to City Council for consideration and award of construction contracts based upon bids received after which construction can commence. It is anticipated that final PSE for the packages will be complete by Summer 2022, with construction starting Fall 2022 for those where adequate funding exists or is identified.

Package 1
Project Code Description Funding Summary in Existing CIP ST3 Amelia Avenue and Wildwood
Ranch Road Street Rehabilitation
(expanded scope to include
portions of Country Club Drive
and Country Club Vista Street)
Funded FY 2021/22: $0
Programmed FY 2022/23: $75,000
Unfunded FY 2023/24: $1,150,000
New Unfunded: $775,000
ST11 Cumberland, Palomar, Lone Hill,
N/O Foothill Street Rehabilitation
Funded FY 2021/22: $0
Programmed FY 2022/23: $0
Unfunded FY 2023/24: $600,000
W11 Country Club, Country Club Vista
Water Main Replacement
(project to be added to official
CIP)
New Unfunded: $700,000
W13 Cumberland, Palomar, Lone Hill;
N/O Foothill Water Main
Replacement
*This project is being advanced
based on funding availability
Funded FY 2021/22: $50,000
Programmed FY 2022/23: $715,000
Package 1 Total Project Cost Estimate $4,065,000
Funded FY 2021/22: $50,000
Programmed FY 2022/23: $790,000
Unfunded FY23/24: $1,750,000
New Unfunded: $1,475,000
Item #14. Page 32
Meeting Date: 1/25/2022 / Packet Page #: 211
Staff Report Page 4 of 6
Package 2
Project Code Description Funding Summary in Existing CIP ST5 Bennett Avenue, Washington,
Westridge and Bender cul-de-sacs
Street Rehabilitation
Funded FY 2020/21: $910,000 (carryover)
Programmed FY 2022/23: $1,170,000
W3 Bennett Ave, Washington,
Westridge and Bender cul-de-sacs
Water Improvement
Funded FY 2021/22: $1,550,000
Programmed FY 2022/23: $1,025,000
Package 2 Total Project Cost Estimate $4,655,000
Funded FY 2020/21: $910,000 (carryover)
Funded FY 2021/22: $1,550,000
Programmed FY 2022/23: $2,195,000
Package 3
Project Code Description Funding Summary
ST23 Leadora from Yucca Ridge to
Grand Avenue Street
Rehabilitation (project to be
added to official CIP)
New Unfunded: $2,150,000
W21 Leadora from Yucca Ridge to
Grand Water Main Replacement
(project to be added to official
CIP)
New Unfunded: $2,450,000
Package 3 Total Project Cost Estimate $4,600,000
New Unfunded: $4,600,000
Package 4
Project Code Description Funding Summary
ST26 Mauna Loa, east of Glendora Ave
Street Rehabilitation (project to
be added to official CIP)
New Unfunded: $2,200,000
W23 Mauna Loa, east of Glendora Ave
Water Main Project
Programmed FY 2022/23: $115,000
Unfunded FY 2023/24: $1,045,000
Unfunded FY 2024/25: $1,190,000
Package 3 Total Project Cost Estimate $4,550,000
Programmed FY 2022/23: $115,000
Unfunded FY 2023/24: $1,045,000
Unfunded FY 2024/25: $1,190,000
New Unfunded: $2,200,000
Package 5
Project Code Description Funding Summary
ST34 Traffic Signal Enhancements Funded FY 2021/22: $200,000 Package 4 Total Project Cost Estimate $200,000
Funded FY 2021/22: $200,000
Item #14. Page 33
Meeting Date: 1/25/2022 / Packet Page #: 212
Staff Report Page 5 of 6
On-Call Professional Services
During the same RFP process for the packaged projects, PW staff also posted a Request for Qualifications (RFQ) for on-call professional services. Professional Statements of Qualifications were received from 41 respondents for a variety of services including but not limited to Engineers, Architects, Inspectors, Electrical and Mechanical Engineers, Structural Engineers, GIS Tech Support, Landscape Architects and others. PW staff intends to present recommendations for City Council consideration at the December 2021 City Council meeting, requesting authorization to award contracts as needed to these pre-qualified consultants for professional services for CIP Projects. Having consultants pre-qualified under this process will enable PW to select professional service consultants in a shorter timeframe. The traditional selection process from advertising an RFQ to start designing a project is approximately four months minimum; with establishment of this pre-qualified list, this timeframe will be reduced.

Cooperative Purchasing Agreement Opportunities
In order to streamline the procurement process and expedite projects further, PW staff is also increasing use of services made at contract prices awarded through cooperative purchasing agreements. This exemption allows the City to reduce administrative costs, work more efficiently, and be more responsive to City needs while adhering to public bidding process provisions as set forth in the Glendora Municipal Code and the California Public Contract Code. To date, the majority of projects this strategy is being considered for are facilities related, but it is anticipated there may be appropriate opportunities for street and water projects in the future as well.

Identified Cooperative Purchasing Agreement Opportunity Projects Project Code Description Funding Summary
F14 Citywide Facility/Security
Assessments
Funded FY 2021/22: $643,250 (includes carryover)
Programmed FY 2022/23: $302,500
F21 HVAC Replacement (Library) Funded FY 2021/22: $209,000 Programmed FY 2022/23: $506,000
F25 La Fetra Demolition and
Rebuild of Exterior Stairs
Funded FY 2021/22: $28,600 (includes carryover)
F26 Legion Building ADA front
door replacement
Funded FY 2021/22: $21,180 (includes carryover)
ST9 Citywide Slurry Projects (see
Attachment C for locations)
Funded FY 2021/22: $250,000
Programmed FY 2022/23: $250,000
Unfunded FY 2023/24: $250,000
Unfunded FY 2024/25: $250,000
Unfunded FY 2025/26: $250,000
Total Project Cost Estimate $2,960,530
Funded FY 2021/22: $1,152,030 (includes carryover)
Programmed FY 2022/23: $1,058,500
Unfunded FY 2023/24: $250,000
Unfunded FY 2024/25: $250,000
Unfunded FY 2025/26: $250,000
Item #14. Page 34
Meeting Date: 1/25/2022 / Packet Page #: 213
Staff Report Page 6 of 6
Upcoming City Council CIP Updates
In addition to those projects noted above, more in-depth updates and actions on these and other projects will be continuing at the December 2021 Council meeting. Projects not already mentioned above include:

Project Code Description
P03 Gladstone Park Playground Project (Award)
ST1 ADA Ramps (Design)
ST8 Sidewalk Improvements (Design)
ST25 Lone Hill Phase 1 Street Rehabilitation (Design-Caltrans) ST32 San Dimas Wash Bridge Improvements (Design)
ST29 Pedestrian Crossing Enhancement Elementary Schools (Caltrans Environmental Review)
SW1 Finkbiner Park Multi-Benefit Stormwater Capture Project (Measure W) SW2 Downtown Green Streets Feasibility Study (Measure W) W05 & W06 Booster Pump Station, Booster Station and Water Main Replacement W09 Cossacks Place, St. Vladimir Street & Lawford Street Improvement Project (Award) W17 Gladstone Water Reservoir Demolition and Parking Lot Improvements (Design) ST6 & W02 Bender, Carter, et al., Improvement Project (Design) ST10 & W12 Cullen Avenue Water and Street Improvement Project (Award)

FISCAL IMPACT
There is no fiscal impact for this receive and file report. These projects will come before City Council for contract award at later meetings.

ENVIRONMENTAL DETERMINATION
This activity is not a “project” as defined by Section 21065 of the Public Resources Code or Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines Respectfully submitted,
Alison Sweet
Public Works Department
Concurs with,
Not Applicable
Not Applicable
Director Certified as to Available Funds CEQA
Alison Sweet Kyle Johnson Not Applicable
Legal Review City Manager
Not Applicable Adam Raymond
ATTACHMENTS:

A. 5-Year CIP
B. Water and Streets Projects Maps
C. Citywide Slurry Projects Map
D. CIP Update Presentation
Item #14. Page 35
Meeting Date: 1/25/2022 / Packet Page #: 214

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JANUARY 25, 2022
FROM: PUBLIC WORKS DEPARTMENT DISTRICT(S): 3
SUBJECT: AWARD A PROFESSIONAL SERVICES AGREEMENT TO MULHOLLAND CONSULTING,

INC FOR DESIGN OF WATER AND STREET IMPROVEMENTS FOR MAUNA LOA, EAST OF GLENDORA AVENUE IN THE AMOUNT OF $85,291 (STRATEGIC PLAN ITEM 46 - IMCIF)

RECOMMENDATION
That the City Council:

1. Award a Professional Services Agreement to Mulholland Consulting, Inc. for design of Water and Street Improvements for Mauna Loa Avenue, East of Glendora Avenue in the amount of $85,291 with a 10% contingency in the amount of $8,530 for a total amount of $93,821;

2. Authorize the City Manager or his designee to execute the agreement including making minimal and/or non-substantive changes.

EXECUTIVE SUMMARY
This project consists of installing approximately 5,850 linear feet of new 8-inch water main and 211,000 square feet of street improvement on Mauna Loa Avenue, east of Glendora Avenue. Nine proposals from engineering firms were received on October 19, 2021. Based on experience, project understanding, and deliverability of the project, staff recommends that the City Council award a Professional Services Agreement to Mulholland Consulting, Inc. in the amount of $85,291 with a 10% contingency in the amount of $8,530 for a total amount of $93,821.

BACKGROUND
Under the Strategic Plan goal to Improve and Maintain the City’s Infrastructure and Facilities (IMCIF), Public Works has ongoing program to replace City’s old water mains to ensure reliability of the water system and rehabilitate the street, improving the street surfaces.

On November 9, 2021 City Council Meeting, staff presented the Capital Improvement Program Update. In this update, various small projects were combined into 5 separate project packages. All the work for this project is also known as Package 4, which combines two smaller projects with Project Codes ST26 & W23 from the Active Projects List.

DISCUSSION
This project consists of installing approximately 5,850 linear feet of water main and 211,000 square feet of street improvement. Street improvements include, but not limited to, pavement rehabilitation, concrete sidewalk repairs, curb and gutter repairs, ADA compliant curb ramps, signing, and striping. These projects will provide a more reliable water system and new smooth street to the residents, reducing maintenance costs and elevating the appearance of the area.

Staff solicited request for proposals for the design services which includes plans, specifications, and estimate (PSE) from professional engineering firms. Proposals were submitted by nine engineering firms.

Item #15. Page 1
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Staff Report Page 2 of 3
Firm Location Amount

1. RKA Walnut, CA $49,205

2. Mulholland Consulting Inc Newport Beach, CA $85,291*

3. Willdan Anaheim, CA $100,199

4. JMDiaz Inc City of Industry, CA $117,900

5. Onward Engineering Anaheim, CA $133,481

6. Hunsaker & Associates Irvine, CA $143,304

7. SA Associates Arcadia, CA $158,000

8. Infrastructure Engineers Brea, CA $189,070

9. MNS Engineer Inc Westlake Village, CA $248,588
*Selected engineering firm.

The proposals were evaluated based on experience, project understanding and deliverability of the Project.

Based on the evaluation, Mulholland Consulting, Inc. was selected to proceed with the design services for Water and Street Improvements for Mauna Loa Ave, East of Glendora Avenue, in the amount of $85,291.00.

Following completion of PSE staff will follow the public bidding process to hire a construction contractor to perform the construction. Staff will return to City Council for consideration and award of construction contracts based upon bids received provided there is adequate funding exists or is identified.

PROJECT LOCATION

FISCAL IMPACT
Sufficient funding has been budgeted in the FY 2022 Capital Improvement Program.

Task Budget
Proposed
Expenditures
Personnel -
Design $93,821
Environmental -
Construction $3,530,000
Inspection $146,179
Construction/Project Management $395,000
Total $4,165,000
Item #15. Page 2
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Staff Report Page 3 of 3

ENVIRONMENTAL DETERMINATION
This activity is not a “project” as defined by Section 21065 of the Public Resources Code or Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines Prepared By Alexis Escobar, Civil Engineering Assistant Reviewed By Alison Sweet, Public Works Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved by Adam Raymond, City Manager
Legal Review William Wynder, City Attorney

ATTACHMENTS
A. Design Contract Agreement for Mauna Loa Water and Street Improvements to Mulholland Consulting, Inc.

B. Package 4 – Mulholland Consulting, Inc. Proposal
C. Presentation - Package 1 and Package 4
Item #15. Page 3
Meeting Date: 1/25/2022 / Packet Page #: 217

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and
MULHOLLAND CONSULTING, INC.

Item #15. Page 4
Meeting Date: 1/25/2022 / Packet Page #: 218
01240.0001/535308.1 A-1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
MULHOLLAND CONSULTING, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 25th day of January, 2021 by and between the CITY OF GLENDORA, a California municipal corporation (“City”) and MULHOLLAND CONSULTING, INC., a California Corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Glendora’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For Item #15. Page 5
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purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.

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(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:

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“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Consultant’s Authorized Initials ___________________
Brian Nieckula
President
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

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1.7 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.8 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.9 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.10 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

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2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $85,291 (Eighty-Five Thousand Two Hundred Ninety-One Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section

1.9. 2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run Item #15. Page 10
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procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

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from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Term for one additional oneyear terms.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Brian Nieckula, President
Samantha Eklund, Secretary
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

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The Contract Officer shall be Dihn Anh Mai (Michael), or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

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(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to Item #15. Page 14
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property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to Item #15. Page 18
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such use, reuse or assignment. Consultant may retain copies of such documents for its own use.

Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other Item #15. Page 19
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appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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01240.0001/535308.1 A-17

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the Item #15. Page 21
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compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.9 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, Item #15. Page 22
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any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels Item #15. Page 23
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any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials ___________________
Brian Nieckula
President
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Item #15. Page 24
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01240.0001/535308.1 A-21
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

City of Glendora, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:

ALESHIRE & WYNDER, LLP
William W. Wynder
City Attorney
Marie Ricci
Administrative Services Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

MULHOLLAND CONSULTING, INC.

A California Corporation
Name: Brian Nieckula
Title: President
[email protected]
Name: Samantha Eklund
Title: Secretary
[email protected]
Address: 5000 Birch St, West tower, Suite 3000
Newport Beach CA, 92660
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Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED UNLESS EXECUTED UTILIZING DOCUSIGN. IN ADDITION, THE APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

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EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services:

A. Preparation of Manua Loa Avenue Water & Street Improvement, Plan Nos. 1346 & 1347 per proposal included.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Task 1: Project Management
B. Task 2: Research and Utility Notification
C. Task 3: Site Reconnaissance
D. Task 4: Topographic Survey
E. Task 5: Base Map
F. Task 6: Water Improvement Plans
G. Task 7: Street Improvement Plans
H. Task 8: Signage and Striping Plans
I. Task 9: Engineer’s Estimate
J. Task 10: Bid Documents
K. Task 11: Bid Phase Support
L. Task 12: Construction Phase Support
M. Task 13: Utility Potholing
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A. N/A
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. N/A
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01240.0001/535308.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.

I. None
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EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:

TASK DESCRIPTION RATE
1 Project Management
• Hold a teleconference kick-off meeting with City staff to confirm the Quality Assurance/Quality Control, Work, Project Management, and Communication Plans.
• Provision of agendas, minutes, and attendance of three (3) teleconference meetings at 30%, 60%, and 100% design.
• Introduce key team members and gather corporate knowledge from the City about the project.
• Develop and maintain Gantt Chart schedules for progress of the project.
• Collect Certified Payroll from subconsultants that are subject to Prevailing Wages and provide them to the City in PDF format. $4,930.00
2 Research and Utility Notification
• Obtain City and County as-built and permit records, survey data and monuments, maps, street maintenance records, aerial photographs, Geographic Information System (GIS) data, and Assessors Maps. • Use Dig Alert’s Design Services tool to obtain a list of the utility agencies present in the project area. Send utility information requests to all utility companies and request records of location, size, and depth/height of aerial/underground facilities.
• Maintain a log of the utility notifications which includes contact numbers, dates of transmittals, etc.
• Research land, property, and survey records to verify existing rightof-way and survey monuments. • Obtain water meter data from the City’s Customer Service Department.
• Review Pavement Management Program, Mobility/Circulation Element, Water Master Plan, and Water Atlas.
$2,160.00
3 Site Reconnaissance
• Visit site to visually confirm the accuracy as-builts received and recommendations of the Pavement Management Plan.
• Visually evaluate the conditions of pavement, curbs and gutters, sidewalks, drainage issues, on each alignment.
• Identify and measure dig-out areas during our site reconnaissance visit.
• Identify types of traffic loops from visual
observation or City records.
• Record existing sign types.
• Photograph general conditions and items requiring special attention and maintain photo logs.
$1,520.00
4 Topographic Survey
• Tie the survey to the street centerlines and use the local Los Angeles County benchmarks.
• Fly alignments 100-feet beyond the limits shown in the Request for Proposals and produce fifty-foot minimum cross-sections. • Dip existing structures to obtain vertical depths.
$15,341.00
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01240.0001/535308.1 C-2
5 Base Map
• Prepare base map at 1” = 40’ scale.
• Add utilities obtained from the research conducted.
• Plot striping from aerial imagery.
• Identify valve covers, meter boxes, manholes, vaults, traffic signal loops, and other facilities.
• Add address numbers.
• Plot right-of-way and lot lines from Assessors Maps. Plot locations of survey monuments.
$2,160.00
6 Water Improvement Plans
• Prepare plans at 1” = 40’ scale.
• Plan views will show invert elevations of proposed water mains. • Provide details for connections to existing mains.
$11,390.00
7 Street Improvement Plans
• Prepare plans at 1” = 40’ scale.
• Plot hatches and construction notes for pavement rehabilitation, frame and cover adjustments, traffic signal loop replacements, dig-out dimensions, and reestablishment of the existing striping and pavement markers.
• Provide typical cross-sections and details.
$12,830.00
8 Signage and Striping Plans
• Prepare plans at 1” = 40’ scale.
• Provide sign legends and details.
$4,400.00
9 Engineer’s Estimate
• Prepare quantity calculations.
• Use recent bid results from the City, other agencies, and industry cost data to determine estimated costs.
$3,240.00
10 Bid Document
• Use City’s “boiler plate” contract documents and General Provisions. • Compose Special Provisions/Technical Specifications for the items of work.
• Define bid items from items of work. Include forms and affidavits specific to the funding requirements for the project.
$7,880.00
11 Bid Phase Support
• Respond to requests for information (RFIs) and prepare addenda. $3,480.00 12 Construction Phase Support
• Review shop drawings and submittals prepared by contractor for conformance with Bid Documents.
• Respond to RFIs.
$3,480.00
13 Utility Potholing
• Verify the depths and sizes of existing subsurface improvements at tie-ins or potential conflicts.
• Implement traffic control per Work Area Traffic Control Handbook (WATCH).
• Notify Underground Service Alert (USA) prior to any “potholing” operations.
• Assumes five (5) potholes at a five-foot (5’) depth respectively.

Please refer to the Fee Proposal for more information.
$11,730.00
Reimbursable Expenses $750.00
Not to exceed $85,291.00
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II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section

1.9. III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

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EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

Description Days to Perform Deadline Date
A. All Tasks 120 Days June 15, 2022
II. Contractor shall deliver the following tangible work products to the City by the following dates.

A. TBD upon award of the project.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

Item #15. Page 33
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Item #15. Page 34
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..COVER LETTER..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 October 19, 2021
City of Glendora
Attn: Maliha Ansari
Principal Civil Engineer
116 E. Foothill Boulevard
Glendora, Calif. 91741
RE: Proposal for Professional Engineering Design Services for Various CIP Projects: Mauna Loa, East of Glendora Ave., Plan No. 1346 & 1347
Dear Maliha Ansari:

Thank you for the opportunity to submit this proposal for Mauna Loa, East of Glendora Ave., Plan No. 1346 & 1347.

Our team DROVE and VIDEOED the alignments to familiarize ourselves with the project. We then demonstrated our understanding by PREPARING schematic plans for your review. We anticipate having a kick-off meeting IMMEDIATELY to discuss our findings and proceed with the project.

We recently completed a SIMILAR street rehabilitation project for the City of Jurupa Valley and have been recently selected for a water main replacement project for the City of Moreno Valley. We seek to leverage our INSIGHTS for this project.
  
Mulholland Consulting, Inc. is a consulting firm which PROVIDES civil engineering and construction management services for public and private clients: government agencies, institutions, developers, architects, contractors, and end users.

We synergize engineering and construction EXPERTISE for a comprehensive approach. We share our body of knowledge amongst our team to IMPROVE outcomes for each project. We aim to bring these BENEFITS to every client we work with:

Mulholland strives to be RESPONSIVE. We may not answer on the first ring, but we strive to. You have questions, we have answers. We believe success and the success of our clients are the same.

Deadlines are paramount.

Every project we produce is done with CONSTRUCTABILITY in mind. Bringing stakeholders, engineers, and contractors together early produces better projects. We emphasize constructability at every level of execution.

We seek to understand your OPERATIONS. We start projects with the end in mind. Our holistic approach produces better projects. Construction is not the end, but the beginning of ownership.

Brian Nieckula, P.E., our Principal in Charge will SERVE as the Project Manager and liaison for the City.

Mulholland has PARTNERED with some of our favorite firms—Dawson Surveying, Inc. and AirX Utility Surveyors, Inc. to provide topographic surveying and utility potholing.

Currently On-call for:
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Our Mission:
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Item #15. Page 35
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..COVER LETTER..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 5HTXLUHG6WDWHPHQWV

• Mulholland has received and acknowledges Addendum No. 1 and Addendum No. 2. Bidder’s Certifications can be found in Appendix B.
• Mulholland does not have any interest in any potential future City procurements that may result from the work performed under the agreement resulting from this Request for Proposal.

Respectfully,
Brian Nieckula, P.E.

Principal in Charge
Mulholland Consulting, Inc.

O 949.229.2449 | [email protected]
Item #15. Page 36
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..TABLE OF CONTENTS..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 7$%/(2)&217(176
UNDERSTANDING & APPROACH ..................................................................................................... 1 Project Description ........................................................................................................................ 1 Site Assessment ............................................................................................................................. 1 Funding Requirements .................................................................................................................... 1 Environmental Assessment .............................................................................................................. 2 Right-of-Way Analysis .................................................................................................................... 2 Existing Utilities ............................................................................................................................. 2 Design Criteria ............................................................................................................................. 2 SCOPE & SERVICES ......................................................................................................................... 8 Deliverables ............................................................................................................................... 10 City Responsibilities ..................................................................................................................... 11 Assumptions ............................................................................................................................... 11 SCHEDULE .................................................................................................................................... 12 OUR TEAM .................................................................................................................................... 13 Firm Profiles ................................................................................................................................ 13 Team Overview .......................................................................................................................... 15 METHODOLOGY ........................................................................................................................... 16 REFERENCES ................................................................................................................................. 18 APPENDIX A: RESUMES .................................................................................................................... 1 APPENDIX B: ADDENDA BIDDER’S CERTIFICATIONS .......................................................................... 2 The Fee Proposal has been submitted separately per City of Glendora’s request.

Item #15. Page 37
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..UNDERSTANDING & APPROACH..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 1 81'(567$1',1* $3352$&+
3URMHFW'HVFULSWLRQ
Plan No. 1346 & 1347
The limits defined by the City of Glendora (City)
are:
• E. Mauna Loa Ave. – from Glendora Ave.
to Big Dalton Wash
• E. Linfield St. & E. Duell St. – from
Glendora Ave. to Big Dalton Wash
• Landham Ave.
• S. Minnesota Ave. – from E. Duell St. to E.

Mauna Loa Ave.

Street improvements include, but are not limited to:
• pavement rehabilitation,
• concrete sidewalk repairs,
• curb and gutter repairs,
• Americans with Disabilities Act (ADA)
compliant curb ramps, and
• signage and striping.

The replacement water main is approximately
5,850 linear feet.
6LWH$VVHVVPHQW
• Mulholland walked and drove the project
on October 1, 2021 to familiarize our
team with the project in anticipation of
completion of the Schematic Plans
included in this Proposal.
• The vicinity is residential in nature.
• Construction in hillside areas is likely to
encounter rocky soils and/or large
cobbles.

Mauna Loa Ave.
• Block and longitudinal cracking exist on
the street.
• The existing curb ramps do not have
truncated domes.
• The water main tie-in will occur west of the
channel. No work will take place in the
Los Angeles County Flood Control
(LACFCD) right-of-way.

Linfield St.
• Block cracking exists on the street.

Duell St.
• Block cracking and alligator cracking
exists on the street.
• Wharf head should be upgraded to a fire
hydrant.

Langham Ave.
• Block cracking exists on the street.
• Langham Ave. dead ends at a gate.

Minnesota Ave.
• Block cracking exists on the street.
• Existing curb ramps do not have truncated
domes.
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Mulholland assumes funding for the project comes
from the City’s General Fund and there are no
Federal or State funds associated with the project.

Item #15. Page 38
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..UNDERSTANDING & APPROACH..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 2 (QYLURQPHQWDO$VVHVVPHQW
Storm Water Pollution Prevention Plan
Mulholland assumes the Contractor will be
responsible for preparation of the Stormwater
Pollution Prevention Plans (SWPPP) and
implementation of Best Management Practices
(BMPs).

California Environmental Quality Act
Due to the maintenance focus of the pavement
rehabilitation on existing streets and replacement
of existing water mains, we assume the project will
be Categorically Exempt from the California
Environmental Quality Act (CEQA).
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No additional right-of-way will be acquired as part
of this project.
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We have identified utility purveyors known to own
facilities in the city:
• City of Glendora
• Verizon Communications
• Crown Castle
• Southern California Gas
• San Gabriel Valley Water District
• Suburban Water Systems
• Spectrum
• Southern California Edison
• Frontier Communications
DigAlert’s Design Lookup tool will be used to
obtain Design contacts and notify utility owners at
kick-off prior to design.
'HVLJQ&ULWHULD
General
Our objective for every project we undertake is to
comply with all jurisdictional requirements in the
safest and most economical way possible.

Budget, service life, and aesthetics of the
improvements will be considered. An overview of
the proposed improvements’ design criteria can be
found below:
• We have reviewed and downloaded the
City Standard Designs and Specifications
from the City’s website. We will use the
Standard Plans for Public Works
Construction (SPPWC), 2021 edition
when necessary.
• The Standard Specifications for Public
Works Construction, 2021 edition
(“Greenbook”) and City’s “boilerplate”
General Provisions will be used to
develop the specifications for the project.
• We will prepare street and water plans
per City’s “Street Plan Preparation
Guidelines” and “Water Plan Preparation
Guidelines”.
• Our team will produce its plans using
Autodesk Civil 3D and City’s drafting
standards. Plans can be turned over in
AutoCAD LT and PDF formats per City’s
request.
• Work will be completed at Prevailing
Wages where appropriate for surveying
and potholing.
• It will be imperative to prepare the
Engineer’s Quantity and Cost Estimate
Item #15. Page 39
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..UNDERSTANDING & APPROACH..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 3 early to ensure the proposed
improvements are estimated to be within
the project’s budget.
• Our team will verify known underground
utilities using as-built data to avoid
conflicts with proposed improvements.
• Our team will obtain as-builts from known
utility owners as references to avoid
conflicts with proposed improvements.

Traffic Improvements
• The California Manual on Uniform Traffic
Control Devices (CAMUTCD) and
Caltrans Highway Design Manual will be
used for signage and striping
improvements.
• Disturbed traffic loops will be replaced
during construction.

Pavement Improvements
• The City’s latest Pavement Management
Program will guide road maintenance and
repairs. Review of maintenance records,
improvements completed to date,
recommendations of the Pavement
Management Program, and results of the
site reconnaissance will be of critical
importance to determine the methods of
rehabilitation for the alignments.
• The square footages and types of
pavement rehabilitation will depend on
the existing visible pavement distresses.

Pavement distresses will be described
according to the Federal Highway
Administration’s “Distress Identification
Manual for the Long-Term Pavement
Performance Program”.
• Pavement rehabilitation methods may
include thin/thick asphalt concrete
overlays, dig-outs, reconstruction of
structural sections, slurry seals, and crack
seals.
• Our team will use the results of the site
reconnaissance to determine potential
dig-out locations.
• Capping and/or slurry seals will be
planned to occur following more intensive
rehabilitation measures to provide a
continuous aesthetically pleasing surface.
• Manhole, valve covers, and structures will
be located and raised to final grade.
• Repairs for broken or off-grade curbs and
gutters will be specified as needed.
• Proper pruning of tree roots may be
required with the aid of the City’s certified
arborist.
• State of California law requires centerline
ties and monuments to be tied out and
reestablished during construction.

Item #15. Page 40
Meeting Date: 1/25/2022 / Packet Page #: 254
..UNDERSTANDING & APPROACH..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 4 Accessibility
• Technical guidance from the Federal
Highway Administration and the U.S.

Department of Justice indicates the
resurfacing of streets constitutes an
alteration under the Americans with
Disabilities Act (ADA). Alterations trigger
the obligation to provide new and
remediate deficient curb ramps where
pedestrian walkways intersect the
resurfaced streets. These requirements do
not apply to the roadways maintained via
slurry seal.
• The alteration of a street will prevail over
the maintenance (slurry seal) of a street
when determining whether an existing
curb ramp should be reconstructed.
• We assume all existing ramps do not have
Safe Harbor and require reconstruction.

Our team will specify a Standard Plans for
Public Works Construction (SPPWC) plan
for proposed ramps to comply with current
California Building Code, City, and ADA
regulations.
• Curb ramps will be designed at the
midpoints of the curb returns. City does
not require directional curb ramps.
• The rehabilitation work will also alter the
walking surfaces in existing crosswalks.

The running and cross-slopes of the
crosswalks should be considered in the
altered roadways’ designs to ensure they
are accessible. Public Right-of-Way
Accessibility Guidelines (PROWAG)
would be used to evaluate these
crosswalks.

Surface Drainage
• Lines and grades are assumed not to be
changed as part of this project except
where noted.

Striping
• Existing striping and signage
improvements will be removed and
reestablished following street
rehabilitation by the contractor.

Traffic Control
• Our team is anticipating requiring the
contractor to follow the Work Area Traffic
Control Handbook (WATCH) when
implementing traffic control or where
engineered traffic control plans are not
required.
• We will include local school, summer
school, trash collection, and the street
sweeping schedules to the Traffic Control
section of the specifications.

Item #15. Page 41
Meeting Date: 1/25/2022 / Packet Page #: 255
..UNDERSTANDING & APPROACH..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 5 Water Main Improvements
• Our team will study the City’s Water
Master Plan and Atlas and design the
improvements according to the City’s
pressure zones.
• American Water Works Association
(AWWA) standards and design manuals
will be used to design the water main
improvements.
• Existing mains will be abandoned in
place.
• The water main replacements shall be
ductile iron or AWWA C909 PVC per
City’s directions.
• Existing water main replacements will be
eight-inches or larger per City’s directions.
• The water main replacement will be
designed lower than the existing water
main and in the same corridor so it may
remain in service during construction of
the new water main.
• Our team is anticipating the contractor
hot-tapping connections to perpendicular
mains.
• Parallel connections will be constructed
with mains in parallel and two forty-fivedegree fittings used to connect to short cut sections of the existing main.
• Fire hydrant spacing will be checked
during design. Existing fire hydrants may
be reused and reconnected if they are in
acceptable condition or as otherwise
dictated by the City.
• City shall determine whether existing
water meters are to be protected in place
and reconnected or replaced. Existing
water meter locations will be recorded.
• Our team assumes a one-inch minimum
water meter will be supplied for each lot.
• Existing utilities’ separation criteria will be
considered during design, from parallel
and perpendicular separations to sewer
mains and desired separations from
existing gas lines and electric conduit
encasements.
• The design will strive to minimize utility
conflicts and/or relocations wherever
possible.
• Blow-offs will be planned for low points
and dead-ends to facilitate maintenance
of the proposed mains.
• Air-vacuum assemblies will be planned for
high points and elevation changes and
hillside areas.
• Disturbed curb, gutter, and sidewalk
panels will be replaced joint to joint.

Recommended Deviations from Scope of Work
Recommended deviations include:
• None.
  
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Item #15. Page 42
Meeting Date: 1/25/2022 / Packet Page #: 256
MULHOLLAND CONSULTING, INC.
5000 BIRCH ST.

WEST TOWER, SUITE 3000
NEWPORT BEACH, CALIF. 92660
O 949.229.2449
[email protected]

CITY OF GLENDORA
116 E. FOOTHILL BLVD
GLENDORA, CALIF. 91741

CONCEPTUAL

WATER & STREET PLAN

CONSTRUCTION

NOTES & QUANTITIES
SHEET 1 OF 2
Item #15. Page 43
Meeting Date: 1/25/2022 / Packet Page #: 257
MULHOLLAND CONSULTING, INC.
5000 BIRCH ST.

WEST TOWER, SUITE 3000
NEWPORT BEACH, CALIF. 92660
O 949.229.2449
[email protected]

CITY OF GLENDORA
116 E. FOOTHILL BLVD
GLENDORA, CALIF. 91741

CONCEPTUAL

WATER & STREET PLAN

MAUNA LOA, E/O
GLENDORA AVE. |
LINFIELD ST. | DUELL
ST. | LANGHAM AVE.

SHEET 2 OF 2
SEE SHEET 1 FOR

CONSTRUCTION
NOTES
Item #15. Page 44
Meeting Date: 1/25/2022 / Packet Page #: 258
..SCOPE & SERVICES..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 8 6&23( 6(59,&(6
Task 1. Project Management
• Hold a teleconference kick-off meeting
with City staff to confirm the Quality
Assurance/Quality Control, Work,
Project Management, and
Communication Plans.
• Provision of agendas, minutes, and
attendance of three (3) teleconference
meetings at 30%, 60%, and 100%
design.
• Introduce key team members and gather
corporate knowledge from the City about
the project.
• Develop and maintain Gantt Chart
schedules for progress of the project.
• Collect Certified Payroll from
subconsultants that are subject to
Prevailing Wages and provide them to the
City in PDF format.

Task 2. Research & Utility Notifications
• Obtain City and County as-built and
permit records, survey data and
monuments, maps, street maintenance
records, aerial photographs, Geographic
Information System (GIS) data, and
Assessors Maps.
• Use Dig Alert’s Design Services tool to
obtain a list of the utility agencies present
in the project area.
• Send utility information requests to all
utility companies and request records of
location, size, and depth/height of
aerial/underground facilities.
• Maintain a log of the utility notifications
which includes contact numbers, dates of
transmittals, etc.
• Research land, property, and survey
records to verify existing right-of-way and
survey monuments.
• Obtain water meter data from the City’s
Customer Service Department.
• Review Pavement Management Program,
Mobility/Circulation Element, Water
Master Plan, and Water Atlas.

Task 3. Site Reconnaissance
• Visit site to visually confirm the accuracy
as-builts received and recommendations
of the Pavement Management Plan.
• Visually evaluate the conditions of
pavement, curbs and gutters, sidewalks,
drainage issues, on each alignment.
• Identify and measure dig-out areas during
our site reconnaissance visit.
• Identify types of traffic loops from visual
observation or City records.
• Record existing sign types.
• Photograph general conditions and items
requiring special attention and maintain
photo logs.

Task 4. Topographic Survey
• Tie the survey to the street centerlines and
use the local Los Angeles County
benchmarks.
• Fly alignments 100-feet beyond the limits
shown in the Request for Proposals and
produce fifty-foot minimum cross-sections.
• Dip existing structures to obtain vertical
depths.

Task 5. Base Map
• Prepare base map at 1” = 40’ scale.
• Add utilities obtained from the research
conducted.
• Plot striping from aerial imagery.
• Identify valve covers, meter boxes,
manholes, vaults, traffic signal loops, and
other facilities.
• Add address numbers.
• Plot right-of-way and lot lines from
Assessors Maps.
• Plot locations of survey monuments.

Item #15. Page 45
Meeting Date: 1/25/2022 / Packet Page #: 259
..SCOPE & SERVICES..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 9 Task 6. Water Improvement Plans
• Prepare plans at 1” = 40’ scale.
• Plan views will show invert elevations of
proposed water mains.
• Provide details for connections to existing
mains.

Task 7. Street Improvement Plans
• Prepare plans at 1” = 40’ scale.
• Plot hatches and construction notes for
pavement rehabilitation, frame and cover
adjustments, traffic signal loop
replacements, dig-out dimensions, and
reestablishment of the existing striping
and pavement markers.
• Provide typical cross-sections and details.

Task 8. Signage and Striping Plans
• Prepare plans at 1” = 40’ scale.
• Provide sign legends and details.

Task 9. Engineer’s Estimate
• Prepare quantity calculations.
• Use recent bid results from the City, other
agencies, and industry cost data to
determine estimated costs.

Task 10. Bid Documents
• Use City’s “boiler plate” contract
documents and General Provisions.
• Compose Special Provisions/Technical
Specifications for the items of work.
• Define bid items from items of work.
• Include forms and affidavits specific to the
funding requirements for the project.

Task 11. (Optional) Bid Phase Support
• Respond to requests for information (RFIs)
and prepare addenda.

Task 12. (Optional) Construction Phase
Support
• Review shop drawings and submittals
prepared by contractor for conformance
with Bid Documents.
• Respond to RFIs.

Task 13. (Optional) Utility Potholing
• Verify the depths and sizes of existing
subsurface improvements at tie-ins or
potential conflicts.
• Implement traffic control per Work Area
Traffic Control Handbook (WATCH).
• Notify Underground Service Alert (USA)
prior to any “potholing” operations.
• Assumes five (5) potholes at a five-foot (5’)
depth respectively. Please refer to the Fee
Proposal for more information.

Item #15. Page 46
Meeting Date: 1/25/2022 / Packet Page #: 260
..SCOPE & SERVICES..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 10 'HOLYHUDEOHV
Mulholland will submit plans, specifications, and estimates (PS&E) at 30%, 60%, 90%, and 100% levels of design completion. City will provide review and comments at all design stages. Plans will be provided to the City electronically and via hardcopy to the City at every milestone during design or construction:

Table 1. Deliverables
Deliverable Design Completion Stage Bid Const. 30% 60% 90% 100% Project Schedule: PDF    
Log of Utility Communications: PDF,
Excel  
Site Photographs: PDF  
Electronic Copy of Aerial Survey:

DWG, PDF
 
Construction Plans: DWG, PDF    
Plats and Legal Descriptions: PDF  
Engineer’s Estimate: PDF, Excel    
Bid Documents: PDF, Word  
Bid Documents Addenda: PDF, Word 
Reviewed Submittals: PDF 
Table 2. Anticipated Sheet Set
Sheet Content No. of Sheets
Title Sheet with General Notes, and Vicinity and Key Maps 1 Detail Sheet with Typical Sections 1
Water Improvement Plans 5
Street, Signage, and Striping Plans 5
Total = 12
Item #15. Page 47
Meeting Date: 1/25/2022 / Packet Page #: 261
..SCOPE & SERVICES..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 11 &LW\5HVSRQVLELOLWLHV
Our team requests the City’s assistance with the
following items:
• Provide as-built and permit records, survey
data and monuments, maps, street
maintenance records, aerial photographs,
and Geographic Information System
(GIS)data.
• Provide Director of Industrial Relations
(DIR) project number for reporting certified
payroll.
• Assist in coordination with outside
agencies and affected property owners if
necessary.
• Provide current boilerplate specifications
and general technical provisions in
Microsoft Word format.
• Review and comment on the PS&E at each
stage of completion.
• Attend kick-off meeting and subsequent
progress meetings.
• Provide recent bid results.
• Provide City drafting standards if any are
used.
• Provide traffic indices, traffic volumes,
truck counts, and other available
information.
$VVXPSWLRQV
• We assume the contractors will be
responsible for hiring a Californialicensed Land Surveyor to perpetuate existing monuments prior to construction
and replacing them following
construction. Pre- and post-construction
Corner Records must be filed with the
County Surveyor’s office.
• All right-of-way has been obtained for the
proposed improvements. No right-of-way
acquisitions will be required.
• Landscape architecture, irrigation
designs, and water meter plans will be
considered Additional Services should the
City elect to pursue Green Streets
improvements.
• California Environmental Quality Act
(CEQA) compliance is not required for the
project.
• Traffic signal improvements are limited to
replacement of disturbed traffic signal
loop detectors only.
• A subsurface utility location company has
been included for incidental/optional
services if needed. Mulholland assumes
the as-built drawings are reasonable
accurate to show horizontal and vertical
locations of existing utilities and are
acceptable for design.
• Mulholland assumes it will receive no-fee
permits for all field operations.
• Mulholland assumes the WATCH can be
used during design and construction and
engineered traffic control plans are not
required.
• All existing curb ramps are assumed to not
have Safe Harbor.
• Pipe bursting will not be required.
• A geotechnical report and/or pavement
corings are not required by the City per
Addendum No. 2.
• All plans will be prepared in plan view
only per Addendum No. 2. Profile views
are not required.
• Driveway and/or path-of-travel
reconstruction for ADA compliance is not
required per Addendum No. 2.

Item #15. Page 48
Meeting Date: 1/25/2022 / Packet Page #: 262
..SCHEDULE..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 12 6&+('8/(
Item #15. Page 49
Meeting Date: 1/25/2022 / Packet Page #: 263
..OUR TEAM..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 13 2857($0
)LUP3URILOHV
A multidisciplinary, team-based approach is necessary for the execution of this project. Please find an introduction to our firm and some of our favorite partners below:

Mulholland Consulting, Inc.

Mulholland Consulting, Inc. (“Mulholland”) is the
prime consultant on this Proposal. Mulholland will
lead the team and provide engineering and
design for the project.

Name Mulholland Consulting, Inc.

California Small Business 2017143
Contact Name Brian Nieckula, P.E.

Values. We start projects with the end in mind. Communication is constantly maintained. Teams are thoughtfully assembled. Uses of improvements are understood. These things inform our values and are applied to every project we undertake. Infrastructure is necessary to the health and welfare of the public and we carry that ethos into every project we undertake.   
Municipal Experience. Our Principal in Charge has experience working with Cities including Beverly Hills, Carson, Cerritos, Chino, Compton, Culver City, Jurupa Valley, Lomita, Pomona, Rancho Cucamonga, Rosemead, San Dimas, and Temple City.

Mulholland is also proud to be on-call for the Cities of Glendale, Hermosa Beach, South El Monte, and Pomona.
  
Street Rehabilitation Experience. Our firm recently completed a Community Development Block Grant (CDBG) program funded street rehabilitation project for the City of Jurupa Valley. Like the City of San Glendora, the City of Jurupa Valley sought to leverage its available funds to provide the highest level of improvements for the affected communities.
  
Water Main Replacement Experience. Our staff has experience from numerous water main replacement projects for the Inland Empire Utility Agency, City of Chino, and City of Lomita among others. Mulholland was recently selected for a water main replacement project for the City of Moreno Valley.

Item #15. Page 50
Meeting Date: 1/25/2022 / Packet Page #: 264
..OUR TEAM..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 14 Dawson Surveying, Inc.

Dawson Surveying, Inc. (“Dawson”) will provide aerial
survey services to provide horizontal and vertical control for the project’s base map and preparation of easement
documentation.

Name Dawson Surveying, Inc.

Contact Name Robert Dawson, P.L.S.

Telephone Number 909.430.0016
Address 575 E. Carreon Drive
Colton, Calif. 92324
AirX Utility Surveyors, Inc.

AirX Utility Surveyors, Inc. (AirX) will provide subsurface utility location services if needed.

AirX offers a comprehensive package that includes vacuum excavation; locating services (with USA callout ticket support as needed); ground penetrating radar (GPR); video inspection (CCTV) of ducts, sewer, and storm drains; right-of-way and traffic control plans and permit processing; traffic control equipment and personnel; report documentation; and road surface repairs. Managed by civil engineers and general engineering contractors, AirX combines AutoCAD with utility research, utility locating, and potholing services, resulting in an intelligent and systematic approach to accurately locate, identify, and document subsurface utilities.

AirX is certified federal “Woman-Owned Small Business” (#WOSB170968) by the SBA; “Small Business Enterprise” (#36366) with California DGS; “Women’s Business Enterprise” (#10050096) with the CPUC; San Diego Small Local Business Enterprise (#11AU0373) by City of San Diego; and certified by the County of Los Angeles as a Community Business Enterprise (#85737).

Name AirX Utility Surveyors, Inc.

Contact Name Kyle Walton
Telephone Number 909.906.2119
Address
4395 E. Lowell St.

Suite G
Ontario, Calif. 91761
Item #15. Page 51
Meeting Date: 1/25/2022 / Packet Page #: 265
..OUR TEAM..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 15 7HDP2YHUYLHZ
Our team has served public agencies in various capacities throughout their careers and are accustomed to working with governmental agencies and have a good understanding of their issues, procedures, and policies. An overview of key team members’ relevant experience, qualifications, and education can be found below. Complete resumes for key team members are provided in Appendix A.

Brian Nieckula, P.E. – Principal in Charge
• Registered Civil Engineer, R.C.E. No. 87484
• Managed, Designed, and Completed Numerous Projects throughout California Role. Mr. Nieckula will serve as the Project Manager and will be responsible for design.

Karen Campbell – Sr. Project Engineer
• Has Over Thirty Years of Experience Working for City Governments on Capital Improvement Projects
• Possesses a Great Depth of Knowledge in Street Rehabilitation, Transportation, and Drainage Projects
Role. Ms. Campbell will assist in the project’s design and will serve as the alternate Project Manager if needed.

Robert Dawson, P.L.S. – Land Surveyor
• Public Land Surveyor, P.L.S. No. 6932
• Provides Land Surveying Services for Multiple Types of Projects Role. Mr. Dawson will be responsible for the aerial survey and production of the base map.

Salvador Silva – Field Superintendent, Potholing Operations • Class A Contractor License
• Competent Person
• Flagger/Traffic Control Technician
Role. Mr. Silva will be responsible for the “potholing” operations.

Item #15. Page 52
Meeting Date: 1/25/2022 / Packet Page #: 266
..METHODOLOGY..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 16 0(7+2'2/2*<
Our objective for every project we undertake is to comply with all jurisdictional requirements in the safest and most economical way possible. Our team is accustomed to working on several projects simultaneously while maintaining quality and timeliness.

Quality Assurance/Quality Control Plan
We meet with our clients to understand their PRIORITIES and gather corporate knowledge for the project. We then develop Work, Project Management, and Communication Plans at the programming meeting TAILORED to its needs.

A team member’s individual OWNERSHIP and
RESPONSIBILITY of their role in the delivery of a project produces the best results. We then seek to minimize errors through ACCOUNTABILITY and successive reviews.

We TRACK design and program issues in a matrix to facilitate discussion and coordination. Our comments are ROUTINELY made using Bluebeam software and maintained in the project files complete with digital file tree directory. All deliverables are REVIEWED by our senior staff members prior to submission for City review.

We also CONSULT our Construction Superintendent and
contractor friends for CONSTRUCTABILITY reviews during
design.

One of our team’s most important duties will be to DEFEND the City against unwarranted change orders as construction
represents the greatest expense of most projects. Our team understands that engineering and design represents a
FRACTION of the cost of a project. Real success is measured in the COST and QUALTITY of improvements during construction.

Item #15. Page 53
Meeting Date: 1/25/2022 / Packet Page #: 267
..METHODOLOGY..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 17 Work Plan
Our team spends hours SCOPING the tasks required to execute a project. Our long-range PLANNING minimizes unexpected resource draining tasks that cause delays and budget shortfalls.

Mulholland and its project team’s EFFORTS develop thorough and efficient Work Plans.

We bring our diverse team to the drawing board during schematic design to BUILD a sound basis for our deliverables.

We are sure to include our Work Plan as part of our proposal to our clients to align expectations with reality to ENSURE our clients’ satisfaction
Project Management Plan
Our Project Manager will DIRECT all activities to accomplish the tasks required by the projects. Mr.

Nieckula will set goals and ENFORCE deadlines on our internal project team.

Our team will CONSULT City staff to determine project budgets. We use local bid results, manufacturers’ pricing, and professional industry data to DETERMINE unit pricing in the City to REFINE our cost estimates.

We ENSURE that long lead time items are IDENTIFIED and attended to first. We use Microsoft Project to generate Gantt charts for design and UPDATE our master schedules weekly. We COLLECT input from all team members to better inform our clients.

Our Project Manager will review percentage of completion and project milestones to ENSURE the project is on track. Recovery measures will be IMPLEMENTED in response to the schedule if necessary.

Communication Plan
Our team wants to build a RELATIONSHIP with City staff and sees itself as an extension of them. We seek to UNDERSTAND the needs of City’s management, operations, and maintenance.

Our Project Manager maintains CONSTANT communication with its team and stakeholders through email, phone calls, teleconferencing, and in-person meetings.

Our Project Manager will MAINTAIN all communications between City staff and project stakeholders. We suggest CONSTANT communication with City staff and WEEKLY progress checkin teleconferences between our team and City staff. The meetings will focus on PROGRESS to date and work anticipated to be completed Our Project Manager will PREPARE agendas and distribute minutes for each meeting.

We also have experience CONDUCTING neighborhood meetings to allow input from those who stand to benefit the most from the City’s projects—the public. Insights gained during these meetings ALIGN our priorities and INFORM our process.

Item #15. Page 54
Meeting Date: 1/25/2022 / Packet Page #: 268
..REFERENCES..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 18 5()(5(1&(6
Please find a selection of our team’s references below:

Project 2019-2020 CDGB – Pontiac Avenue Neighborhood Pavement Rehabilitation
Description The project intended to improve pavements in a poorly maintained neighborhood through use of CDBG funds.

Date 2019 – 2020
Client City of Jurupa Valley
Contact Chase Keys, P.E.

Title CIP Manager
Email [email protected]
Telephone 951.332.6464 X235
Scope
Prepared pavement rehabilitation PS&E for work consisting of various pavement rehabilitation measures responsive to existing conditions including edge reconstruction, grind and overlay, and variable depth replacements. Accessibility, striping, and traffic signal improvements were necessitated by the pavement work.

Drainage improvements increased the performance of the new pavements: curbs and gutters, dikes, and cross-gutters. Valuation of the project was approximately $600,000.

Project Groundwater Diversion Project
Description
Civic Center Parking Structure. City is required to stop discharges from the existing groundwater lift station of the subterranean Civic Center Parking Structure to the storm drain system due to constituents in the ground water. A new sewer connection and saltwater aquarium flush-to-waste line is required to connect to LACSD’s off-site trunk sewer manhole. A new sewer lift station was then required due to a conflict with a shallow existing off-site storm drain. LACSD required that catch basins receiving stormwater no longer be comingled with the
groundwater lift station. A new storm water lift station was then required to lift stormwater from the lowest subterranean level of the Parking Structure through its light well to a new bioretention area.

Cerritos Center for the Performing Arts. City is required to stop discharges from the existing groundwater lift station of the Cerritos Center for the Performing Arts to the storm drain system due to constituents in the ground water. A new sewer connection has been designed to connect the lift station to the existing onsite sewer.

Date 2019 – Present
Client City of Cerritos
Contact Mike O’Grady, Environmental Services Manager
Email [email protected]
Telephone 562.916.1226
Item #15. Page 55
Meeting Date: 1/25/2022 / Packet Page #: 269
..REFERENCES..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 19 Address 18125 Bloomfield Ave.

Cerritos, Calif. 90703
Scope
Completing plans, specifications, and estimates for new lift stations and connection to Los Angeles County Sanitation District’s trunk sewer line.

Project Design, Bid Process Management, and Construction Management of the Rosemead Park Walking Trail Replacement
Description The City sought to construct a replacement walking trail surface for a half-mile walking trail in Rosemead Park.

Date 2019 – 2020
Client City of Rosemead
Contact Okan Demirci
Email [email protected]
Telephone 714.319.6137
Address 8838 East Valley Blvd
Rosemead, Calif. 91770
Scope
Evaluated and compared the best available replacement options from several manufacturers. Worked closely with manufacturer to specify material design tailored to the needs of the project.

Prepared technical specifications and contract documents for public bidding. Continued to support the project during bidding and construction.

Project Installation of Truck Restriction Signs for State Route 60 Freeway Description The project consisted of the installation of truck restriction on State Route 60 Freeway in the City of Jurupa Valley’s limits.

Date 2020
Client City of Jurupa Valley
Contact Chase Keys, P.E.

Title CIP Manager
Email [email protected]
Telephone 951.332.6464 X235
Address 8930 Limonite Ave.

Jurupa Valley, Calif. 92509
Scope
Prepared traffic control plans for approval by the California Department of Transportation to permit the installation of truck restriction signs.

Item #15. Page 56
Meeting Date: 1/25/2022 / Packet Page #: 270
..REFERENCES..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 20 Project Catch Basin Trash Excluder Project, RFP #2031
Description
The City is required to comply with the MS4 permit issued by the LARWQCB and TMDL storm water pollution regulations. The City is required to implement BMPs that would improve water quality and eliminate trash generated within the City’s jurisdictional boundaries from being deposited to Ballona Creek via the public storm water drainage system. The TMDL for trash requires zerotrash to be discharged to Ballona Creek.

Date 2020 – Present
Client City of Culver City
Contact May Ng
Title Associate Engineer
Email [email protected]
Telephone 310.253.6406
Scope
Obtaining Flood Control Permit for Catch Basin Retrofits of 314 City and County owned catch basins with trash excluder devices.

Also obtaining an amendment to an existing maintenance
agreement with LACFCD. Project required extensive ownership research and reconciliation of City’s GIS database. Field measurements and photographs were taken for all catch basins.

Item #15. Page 57
Meeting Date: 1/25/2022 / Packet Page #: 271
..APPENDICES..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 $33(1',;$
5(680(6
• Brian Nieckula, P.E. – Principal in Charge
• Karen Campbell – Sr. Project Engineer
• Robert Dawson, P.L.S. – Land Surveyor
• Salvador Silva – Field Superintendent, Potholing Operations Item #15. Page 58
Meeting Date: 1/25/2022 / Packet Page #: 272

PROJECT EXPERIENCE
Catch Basin Trash Excluder Project
City of Culver City (2020 – Present)
 Obtaining Flood Control Permit for Catch Basin Retrofits of 314 City and County owned catch basins with trash
excluder devices
 Provided ownership research, GIS database
management, and map production
BRIAN NIECKULA, P.E.

PRINCIPAL IN CHARGE

REGISTRATION
Professional Civil Engineer, California
C87484

EDUCATION
Texas Tech University
Bachelor of Science in Civil Engineering

WORK EXPERIENCE
Principal in Charge | President
Mulholland Consulting, Inc. (2019 – Present)
Project Manager | Vice President
KEC Engineers, Inc. (2010 – 2019)
Project Manager
KEC Construction Group, LLC (2016 – 2018)
Associate Engineer
West Texas Engineering, LLC (2013)
Mulholland Consulting, Inc.

O 949.229.2449
C 951.533.4791
[email protected]
linkedin.com/in/briannieckula
5000 Birch St.

West Tower, Suite 3000
Newport Beach, Calif. 92660
Civic Center Sewer and Storm Water Lift Stations
City of Cerritos (2019 – Present)
 Designing new 320 gpm sewer lift station due to
shallow existing storm drain crossing
 Designing high- and low-flow storm water lift station for Civic Center Parking Structure discharging to new
bioretention area
Center for the Performing Arts Sewer and Ground
Water Lift Station Modifications
City of Cerritos (2019 – Present)
 Designing new sewer from existing ground water lift
station
 Designing flow monitoring and sampling improvements
for discharge water
Rosemead Park Walking Trail Replacement
City of Rosemead (2020 – 2021)
 Aided City in selection of replacement walking trail
surface constrained by existing improvements and
geometry
 Worked closely with surface manufacturer to specify
material design tailored to the needs of the project
Pontiac Ave. Neighborhood Pavement Rehabilitation
City of Jurupa Valley (2019 – 2020)
 Prepared plans, specifications, and estimates for
pavement, flat work, striping, and accessibility
improvements
Napa Lateral, Steel Reclaimed Water Lines
Inland Empire Utility Agency (2018 – 2019)
 Won award of design-build project with general
engineering contractor
 Engineer of Record for two miles of reclaimed water
line to supply Kaiser Steel and the Auto Club
Speedway
 Included well improvements and deep channel
crossings
Program Management for Publicly Funded Off-site
Infrastructure
Lewis Management Corp., Panattoni Development, First
Industrial Realty Trust, Shaw Development Partners,
Western RealCo, Oltmans Construction Co., and Fullmer
Construction
 Provided program management for bidding and
construction of tens of millions of dollars of publicly funded infrastructure
 Sources included Development Impact Fee
reimbursements and Community Facilities District Funds
 Provided field engineering for land developers and
industrial contractors like Fullmer Construction and
Oltmans Construction Co.

Item #15. Page 59
Meeting Date: 1/25/2022 / Packet Page #: 273
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Item #15. Page 60
Meeting Date: 1/25/2022 / Packet Page #: 274
Item #15. Page 61
Meeting Date: 1/25/2022 / Packet Page #: 275
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AIRX UTILITY SURVEYORS, INC
AIRXUS.COM
Item #15. Page 62
Meeting Date: 1/25/2022 / Packet Page #: 276
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Item #15. Page 63
Meeting Date: 1/25/2022 / Packet Page #: 277
..APPENDICES..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 $33(1',;%
$''(1'$%,''(5·6&(57,),&$7,216
• Addendum No. 1
• Addendum No. 2
Item #15. Page 64
Meeting Date: 1/25/2022 / Packet Page #: 278

CITY OF GLENDORA
116 E. FOOTHILL BOULEVARD
GLENDORA, CALIFORNIA 91741

PROFESSIONAL ENGINEERING DESIGN SERVICES FOR VARIOUS CIP

PROJECTS
ADDENDUM NO. 1
Issued: September 23, 2021
This addendum hereby becomes a part of the request for proposal documents of the above referenced project.

This will not modify the proposal submission schedule as shown in the RFP.

The following modifications are hereby made to the request for proposal (RFP) for Professional Engineering Design Services for Various CIP Projects.

Bidders shall execute the Bidder’s Certification included in this Addendum No. 1 and shall submit the signed Certification along with the Bidder’s Proposal.

1. Remove the following from Section II Project Description:
x Item 6. Remove and Replace with ADA Compliant Ramps, Plan # 1349

2. Remove Exhibit “G”: Remove & Replace with ADA Compliant Ramps Project, Plan # 1349
September 23, 2021
Principal Civil Engineer

BIDDER'S CERTIFICATION
Receipt of Addendum Number 1 is hereby acknowledged and all conditions contained therein are accepted.

Date ____ Bidder/Company Name ________________________________ Signature ___________
Title ____
Principal Civil Engineer
October 7, 2021 Mulholland Consulting, Inc.

President
Brian Nieckula, PE
Item #15. Page 65
Meeting Date: 1/25/2022 / Packet Page #: 279

CITY OF GLENDORA
116 E. FOOTHILL BOULEVARD
GLENDORA, CALIFORNIA 91741

PROFESSIONAL ENGINEERING DESIGN SERVICES FOR VARIOUS CIP

PROJECTS
ADDENDUM NO. 2
Issued: October 7, 2021
This addendum hereby becomes a part of the request for proposal documents of the above referenced project.

This will not modify the proposal submission schedule as shown in the RFP.

The following modifications are hereby made to the request for proposal (RFP) for Professional Engineering Design Services for Various CIP Projects.

Bidders shall execute the Bidder’s Certification included in this Addendum No. 2 and shall submit the signed Certification along with the Bidder’s Proposal.

1. Add the following to Section III Scope of Service:
x m. Optional Task: Bidding and Construction Support

2. Add Attachment “A” Water System Map 158 to Exhibit “D”: Water and Street Main Replacement Country Club Drive Plan No. 1344 & 1345.

3. City has reviewed several questions for clarification. Those questions with the response are attached as Attachment “B” and made part of this addendum.

October 7, 2021
Principal Civil Engineer

BIDDER'S CERTIFICATION
Receipt of Addendum Number 2 is hereby acknowledged and all conditions contained therein are accepted.

Date ____ Bidder/Company Name ________________________________ Signature ___________
Title ____
iip l Ci il Engi e
October 7, 2021
Brian Nieckula, PE
Mulholland Consulting, Inc.

President
Item #15. Page 66
Meeting Date: 1/25/2022 / Packet Page #: 280
..FEE PROPOSAL..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 1 October 19, 2021
City of Glendora
Attn: Maliha Ansari
Principal Civil Engineer
116 E. Foothill Boulevard
Glendora, Calif. 91741
RE: Fee Proposal for Professional Engineering Design Services for Various CIP Projects: Mauna Loa, East of Glendora Ave., Plan No. 1346 & 1347
Dear Maliha Ansari:

Thank you for the opportunity to submit this proposal for Mauna Loa, East of Glendora Ave., Plan No. 1346 & 1347.

Please find clarifications to the Fee Proposal and Fee Schedule below:
3URYLVLRQV

• This Fee Proposal shall be valid for ninety (90) calendar days from the date of submission, October 19, 2021.
• Mileage will be charged at the current Internal Revenue Services (IRS) Standard Mileage Rates. • Subcontracted services and reimbursable items shall be invoiced at cost plus fifteen percent (15%). • Billing Rates are subject to change once per calendar year according to Prevailing Wage rates/increases and/or Consumer Price Index.
• Task. (Optional) Bid Phase Assistance and Task. (Optional) Construction Phase Assistance are based on an assumed level of effort. Additional hours may be required as the scope changes. • Permit fees required by the City and outside agencies having jurisdiction (i.e. Los Angeles County Flood Control District) will be paid directly by the City. • The Fee Proposal is “not to exceed” and includes all direct and indirect costs including all labor, employee benefits, mileage, equipment, materials, insurances, and reproduction costs.

Our Mission:
$EHWWHUEXLOWHQYLURQPHQW
Plan No. 1346 & 1347
Item #15. Page 67
Meeting Date: 1/25/2022 / Packet Page #: 281
..FEE PROPOSAL..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 2 ([FOXVLRQV
Architecture
• Architectural Plans (Floor, Roof, etc.)
• Building Mechanical, Electrical, and Plumbing (MEP) Plans • Fire Protection Plans (Fire Sprinklers, Fire Alarm Systems, etc.) • CALGreen Plans, Specifications, and Estimates (“PS&E”) • Title 24 Energy Calculations/Report
• Commissioning
• Building Security Designs
• Trash Enclosure and Debris Recycling Statements
• Data Cabling/Server Design
• Building Ingress/Egress Plans Prepared in Accordance with Fire Code • Building/Monument Signage
• Solar Panel Specifications/Design
• Site Plan
• Accessibility and/or Barrier Removal Plans
• Parking Analysis/Tabulation
• Code Analysis
• Presentation Drawings, Renderings, and Sample Boards for Materials and Colors
• Photorealistic, Special, or Additional Renderings
• Walkthrough Animations
• Lifecycle Cost Analyses for Major Building Systems
• Consultation Concerning Replacement of Work Damaged by Fire or Other Causes not the Fault of Mulholland or its Consultants during Construction
• Provision of Professional Services made Necessary through no Fault of Mulholland or its Consultants but by Fault of the Contractor in the Performance of the Work, Including but not Limited to Failure to Complete the Project on Time when Liquidated Damages have been Invoked
• Building Information Modeling (BIM)
Engineering
• Water/Sewer/Gas Service Sizing Calculations
• On-site Lighting/Photometric Plans
• Structural Engineering/Plans/Calculations
• Voltage Drop and Flicker Calculations
• Sewer Studies
• Traffic Studies
• Public Street Light, Signage, Striping, Traffic Signal, and Traffic Signal Modification Plans
• Erosion Control Plans
• Concrete Joining Plans
• On-site Utility Plans: Domestic Water, Reclaimed Water, Sewer, Storm Drain, Gas, Cable/TV/Data, Power, Conduit, etc.
• Off-site Utility Plans: Reclaimed Water, Sewer, Storm Drain, Gas, Cable/TV/Data, Power, Conduit, Street Lighting, etc.
• Utility Coordination: Domestic Water, Reclaimed Water, Sewer, Gas, Cable/TV/Data, Power, Conduit, etc.
• Off-site Hydrology and Hydraulic Report
• Demolition Plans
• Wall and Fencing Plans
• Truck Circulation Plans
• Tentative Tract/Parcel Map
• Electric Vehicle Charging Station Specification and Design • Hydrology/Hydraulic Reports
• CalEEMod PS&E
• Traffic Engineering
• Traffic Control Plans
• Transportation Permit
• Control Panel Designs
• SCADA Designs and Specifications
• Grading Certifications
• Value Engineering
Environmental
• Water Quality Management Plan (WQMP)/Standard Urban
Stormwater Management Plan (SUSMP)
• Proof of Filing of a Notice of Intent (NOI) with State Water Resources Control Board (SWRCB) in Order to Comply with the Requirements of the National Pollutant Discharge Elimination System (NPDES) • Stormwater Pollution Prevention Plan (SWPPP) in Accordance with SWRCB’s General Permit
• Waste Discharger’s Identification Number (WDID) Issued by the SWRCB
• Water Quality Improvements
Planning
• California Environmental Quality Act (CEQA) Documentation and Regulatory Permitting
• National Environmental Policy Act (NEPA) Documentation and Regulatory Permitting
• Cultural Resource, Paleontological, and/or Biological Work • Phase 1/Phase 2 Environmental Site Assessments
• Noise Study
• Hazardous Waste Site Assessment
• LEED Certification
• Development of Covenants, Conditions, and Restrictions (CC&R’s) • Public Art Ordinance Documentation
• Waste Management Plan
• Formation of Special Districts (Lighting, etc.)
• Construction Phasing Plan
Survey & Mapping
• Construction Survey Staking
• Mapping Services (Lot Line Adjustments, Parcel Map, Tract Map, Reference Maps, Easement Dedications, Legal Descriptions, Map Traverse and Closures, Setting of Property Corners, etc.) • Boundary Survey
• Record of Survey
• American Land Title Association (ALTA) Survey
• Subsurface Utility Location
• Procurement of Title Reports
• Common Wall Agreement, Property Line
• Grant Deed
• Radius Map for Mailing Lists/Notification
Landscape Architecture
• Landscape Plans
• Irrigation Plans
• Open Space Plan
• Agricultural/Agronomical Testing
Testing
• Infiltration Tests
• Methane Investigations/Reports
• Soils/Geotechnical Investigation and Engineering
• Flow Monitoring
• Fire Flow/Hydrant Tests
Administrative/Miscellaneous
• Filing, Permit, Plan Check, and Miscellaneous Fees
• Site Utilization Map
• Preparation of As-builts
• Powerwashing/Removal of Underground Service Alert (USA) Markings • Hazardous Waste Removal
• Community Outreach
Item #15. Page 68
Meeting Date: 1/25/2022 / Packet Page #: 282
..FEE PROPOSAL..
5000 Birch St., West Tower, Suite 3000, Newport Beach, Calif. 92660 | 3 $WWDFKPHQWV

1. Plan No. 1346 & 1347 Fee Worksheet, Dated October 19, 2021

2. AirX Utility Surveyors, Inc. Proposal, Dated October 15, 2021 Please let us know if you have any questions.

Respectfully,
Brian M. Nieckula, P.E.

Principal in Charge
Mulholland Consulting, Inc.

O 949.229.2449 | [email protected]
Item #15. Page 69
Meeting Date: 1/25/2022 / Packet Page #: 283
Glendora: Proposal for Professional Engineering Design Services for Various CIP Projects Plan No. 1346 1347 - Fee Worksheet Revision #0; Revised: October 19, 2021 Hours Subtotal Hours Subtotal Hours Subtotal Hours Subtotal Hours Subtotal 1 Project Management 0.00 $ - 34.00 $ 4,930.00 0.00 $ - 0.00 $ - $ - $ 4,930.00 2 Research & Utility
Notifications

0.00 $ - 0.00 $ - 0.00 $ - 24.00 $ 2,160.00 $ - $ 2,160.00 3 Site Reconaissance 0.00 $ - 8.00 $ 1,160.00 0.00 $ - 4.00 $ 360.00 $ - $ 1,520.00 4 Topographic Survey 0.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 15,341.00 $ 15,341.00 5 Base Map 0.00 $ - 0.00 $ - 0.00 $ - 24.00 $ 2,160.00 $ - $ 2,160.00 6 Water Improvement
Plans

16.00 $ 2,480.00 0.00 $ - 66.00 $ 8,910.00 0.00 $ - $ - $ 11,390.00 7 Street Improvement
Plans

16.00 $ 2,480.00 0.00 $ - 66.00 $ 8,910.00 16.00 $ 1,440.00 $ - $ 12,830.00 8 Signage & Striping
Plans

4.00 $ 620.00 0.00 $ - 28.00 $ 3,780.00 0.00 $ - $ - $ 4,400.00 9 Engineer's Estimate 0.00 $ - 0.00 $ - 24.00 $ 3,240.00 0.00 $ - $ - $ 3,240.00 10 Bid Documents 16.00 $ 2,480.00 0.00 $ - 40.00 $ 5,400.00 0.00 $ - $ - $ 7,880.00 ** Reimburseable
Expenses

0.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 750.00 $ 750.00

52.00 $ 8,060.00 42.00 $ 6,090.00 224.00 $ 30,240.00 68.00 $ 6,120.00 $ 16,091.00 $ 66,601.00 11 (Optional) Bid Phase
Support

0.00 $ - 24.00 $ 3,480.00 0.00 $ - 0.00 $ - $ - $ 3,480.00 12 (Optional) Construction
Phase Support

0.00 $ - 24.00 $ 3,480.00 0.00 $ - 0.00 $ - $ - $ 3,480.00 13 (Optional) Utility
Potholing

0.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 11,730.00 $ 11,730.00

0.00 $ - 48.00 $ 6,960.00 0.00 $ - 0.00 $ - $ 11,730.00 $ 18,690.00 $ 66,601.00 $ 18,690.00 $ 85,291.00
*
**
Lump Sums
Mulholland *
$155.00 /hr $135.00 /hr $90.00 /hr *
Mandatory Totals =
Mandatory Tasks Total =
Notes:
: Indicates lump sum price
: The "Reimburseable Expenses" Task is intended for vehicle mileage, printing costs, and miscellaneous expenses.

Mandatory
$145.00 /hr
Mandatory + Optional Tasks Total =
Mulholland
Project Manager
Optional Tasks Total =
Optional
Optional Totals =
Task Totals No. Description Mulholland Mulholland
Task Principal in Charge Project Engineer Engineering Technician Item #15. Page 70
Meeting Date: 1/25/2022 / Packet Page #: 284
AIRX UTILITY SURVEYORS, INC.

WBE - WOSB - SB - SLBE / LICENSE #830790 A, C31
785 E. MISSION RD., SUITE 100, SAN MARCOS, CA 92069 760-480-2347 | SAN DIEGO 4395-G E. LOWELL ST., ONTARIO, CA 91761 909-906-2119 | INLAND EMPIRE www.airxus.com
NAICS: 561990 | SIC: 8713, 7389
October 15, 2021
Brian Nieckula
Mulholland
5000 Birch St., West Tower, Suite 3000
Newport Beach, CA 92660
C: 951-533-4791
O: 949-654-5563
[email protected]
Project: Various CIP Projects – Plan 1346 & 1347, Mauna Loa, East of Glendora Ave, Glendora - Potholing AirX Utility Surveyors, Inc. (AirX) submits the following Agreement Proposal for the subject project to locate existing utilities. Available tasks are described below. See the attached fee summary sheet for the assumed task requirements and fee estimates. AirX shall provide Utility locating, USA markout and pothole layout, potholing, traffic control plans, permits, equipment and all materials in support of this mission. Please contact us immediately if that is not the case. No equipment shall be left on site and all materials and work for a given work area will be opened and completed on a daily basis.

Training & Staff
AirX takes pride in the level of professionalism and skill exemplified by our field crews and staff. Our ongoing training programs consist of: 40 Hour HAZWOPER, NUCA Confined Space Entry, Competent Person, Traffic Control Technician/Flagger and Emergency First Aid/CPR. Job site and public safety are always our top priority.

Project Management, Report Preparation, Research & Drafting AirX provides a civil engineer for project management, record research, pre-marking, and field meetings. Utility record research, land survey and drafting services in Auto CAD are also available.

Traffic Control
AirX provides an all-inclusive traffic control service. We furnish AutoCAD-rendered Traffic Control and Right of Way Plans (ROW) to facilitate permit approvals from city and state agencies. AirX has the highly-skilled and certified technicians and work zone flaggers to manage vehicle traffic. Equipment Set-up and tear down are part of this service.

Potholing (Level A)
AirX fees to pothole existing utilities vary according to depths. AirX will pothole to the top of pipes, and to the top and bottom of encasements, however the bottom depths of pipes will need to be calculated. Potholing includes excavation, visual observation, setting witness point, backfill, patching and documentation of depths and location of the utility on a record data sheet. AirX assumes a depth for this estimate but the final invoicing will reflect the actual cost and depths found. See the attached summary sheet for estimated depths and costs.

Geophysical Locating (Level B)
AirX will pre-mark all of the pothole locations and notify Underground Service Alert (USA). AirX will pothole the facilities in accordance with USA Markout. If the requested utilities are not found or if USA Mark-out is incomplete and cannot be verified by AirX, you the Client will be notified. AirX does provide additional locating upon request.

It is our experience that the location of PVC and ACP water utilities are often the most difficult to determine for pothole operations. AirX can provide locating crews that carry many different pieces of locating equipment, including ground penetrating radar and CCTV locating camera equipment. The equipment is state of the art, but limitations exist with each piece of equipment depending on such factors as soil conditions, conductivity of the existing utility, depth and size of the utility, and congestion within the area of other utilities. USA does not mark out any gravity utilities except at the discretion of the presiding utility owner. This usually applies to storm drain, collector sewer and sewer laterals (gravity by nature), and some utility owners are not members of USA. AirX provides duct rod locating with a sonde transmitter and receiver and/or a tractor driven CCTV with locating and lateral launching system used to identify positioning of sewers and sewer laterals. For Locating and/or CCTV work please call for a quote.

Item #15. Page 71
Meeting Date: 1/25/2022 / Packet Page #: 285
785 E. MISSION RD., SUITE 100, SAN MARCOS, CA 92069 760-480-2347 | SAN DIEGO 4395-G E. LOWELL ST., ONTARIO, CA 91761 909-906-2119 | INLAND EMPIRE www.airxus.com
NAICS: 561990 | SIC: 8713, 7389
Utility Locating by Surface Visible Feature Survey (Level C) AirX can provide the incorporation of visible features into the Level B survey. It is assumed that topographic mapping with the incorporation of surface features and utility mark outs, manholes, valve box covers, vaults, hand holes, pedestals, switches, transformers, placarded panels and meters will already have been performed and made available to AirX. AirX will check and annotate on the plotted utility survey or civil drawing the approximate location of undocumented facilities for later identification by land surveyors. Land survey and mapping service are also available, please contact us for a quote.

Limitations
AirX will make every effort to locate and mark-out the utilities in the requested area in the time allowed. Some limitations exist with locating methods based on the type of soil conditions encountered: Heavy cobble, groundwater, rock or dense clay soil conditions and buried debris that may render locating useless. Closely aligned but unrelated facilities may distort the surface field manifestations and yield phantoms or null fields. If adverse conditions are encountered AirX will cease the current operation and attempt to contact the client for further directions. AirX requires access to as many as-built drawings, architectural site and building plans as can be acquired. Utility mark out will reflect the alignment and horizontal positioning of the utility only. Estimated depth determinations for this project can be provided but are not considered reliable due to the number of interfaces penetrated and actual depths should only be determined through potholing or submarine visual measurement.

Should litigation at law or equity, including an action for declaratory relief, be brought to enforce or interpret any term or provision of this Agreement Proposal, or to collect any portion of the amount payable under this Agreement Proposal, all litigation and collection expenses, witness fees and court costs, including attorney’s fees, shall be paid to the prevailing party. The Client shall indemnify and hold AIRX harmless with regard to all liability or claims of any kind, including all investigation and defense costs, connected directly or indirectly with this project.

Additional Notes, Fees and Exclusions:
x ALL PERMIT FEES WILL BE CHARGED BACK TO THE CLIENT AT COST PLUS 10%. THIS

INCLUDES ANY DEPOSITS, BONDS, OR OTHER ASSOCIATED FEES THAT MAY BE REQUIRED. AirX cannot guarantee turn-around times for permit process. x This Estimate INCLUDES the provision for prevailing wage, applicable to all field work. Prevailing Wage rates are set by the California Department of Industrial Relations (DIR) and subject to change annually per DIR regulations. Federal prevailing wage rates will also apply, if applicable. x DIR Determination: SC-102-1184-1 Craft: Horizontal Directional Drilling (Laborer) was used for the purpose of estimating Potholing and Locating Services
x DIR Determination: SC-23-102-2 Craft: Laborer and Related Classifications weas used for the purpose of estimating Traffic Control Services
x If the Determinations used for the purposes of this estimate are not correct, you must notify AirX Utility Surveyors immediately so we can revise the estimate. x This is an estimate only based on limited information provided. Adjustments, changes and response to field conditions may incur added costs. Final invoicing will reflect actual work hours performed and services provided.
x AirX will make a good faith effort to locate and mark all utilities. However, due to utility depths, types of material, etc. some utilities may not be locatable or found. AirX requests that as-builts or maps be provided.
x Client to facilitate access to site.
x Potholing and Excavation rate applies to typical conditions of asphalt or concrete surface material 6" - 8" in depth and digable soil conditions. Excessive surface material, concrete beneath asphalt, cobble, dense clay, CTB base, slurry, caliche or other medium will be charged at the hourly rate listed on this estimate.
x Utility Locating: Minimum charge of 2 hours for Locating. Locating includes electromagnetic, magnetic, sonic locating equipment. Also, GPR, duct rods, hand tools, gas testers, blowers & miscellaneous equipment pertinent to the trade.

Item #15. Page 72
Meeting Date: 1/25/2022 / Packet Page #: 286
785 E. MISSION RD., SUITE 100, SAN MARCOS, CA 92069 760-480-2347 | SAN DIEGO 4395-G E. LOWELL ST., ONTARIO, CA 91761 909-906-2119 | INLAND EMPIRE www.airxus.com
NAICS: 561990 | SIC: 8713, 7389
x Utility Re-Marking: Utilities previously marked and subsequently lost due to conditions beyond our control shall not be the responsibility of AirX. Re-marking will be charged at the utility locating rate indicated on the estimate provided.
x This estimate is under the assumption that all potholes will be no more than 5’ in depth. If deeper, it will be charged at the hourly rate above.
x This estimate is under the assumption that 8hrs of work can be performed on site daily. If work hours are reduced, this estimate will need to be revised. x The Traffic Control has been estimated for this quote, but will be billed @ actual required. x Traffic Control set-up/take-down will be implemented using the WATCH manual. Traffic Control Plan drafting is not estimated for this project.
x Standard traffic control includes all signs, cones, barricades, sign stands and caution tape and 1 arrowboard, unless otherwise specified. Specialty equipment such as non-typical signage, crash barrels, message boards or K-Rail is available @ cost, plus 10%.
x AirX can provide certified flagman or additional laborers as needed at a rate of $156 per man/hour. x Materials: Pricing allows for backfill of sand & Class II Base only. Also includes patching with AC Cold Patch or Quick Set Concrete. AirX also offers a quality permanent patch with Utilibond. Use of Utilibond product is dependent upon Agency acceptance and guaranteed for 3 years. Please request revised quote if other backfill, patching material or AC Hot Mix/Grinding is required. x Railroad Right of Way: Railroad Protective Liability Insurance will be required for all work within railroad right of way and may require Railroad-designated flagging and utility mark-out personnel.

Coordination of personnel may affect schedule of work. Final fees will be paid for by AIRX and charged back to the Client at cost plus 10%.
x Hazardous Spoils: Testing, Storage, and Disposal of any material, hazardous or otherwise, will incur additional charge and based on project requirements. If required, fees will be paid for by AirX and charged back to the Client at cost plus 10%.
x Specialty training, due to project requirements, may incur added time and cost and affect schedule of work. x Work within Caltrans, railroad, environmentally sensitive or contaminated areas may incur additional costs. x Night work, if required, will incur additional cost for balloon lighting, generators and barricade lights. x All rates are based on a standard 40-hour work week. Overtime, double time or holiday rates will apply, if applicable.
x Payment terms are 30 days from date of invoice, plus 1.5% per month thereafter. x Project Management: Includes USA mark-out & standby coordination, QA & QC of pothole locations and Pre-Con Meeting.

Please feel free to call if you have any questions regarding our operation or this Agreement Proposal.

Sincerely,
AIRX Utility Surveyors, Inc.

License No. 830790 A, C31
Dawn Kanavy Approved by:___________________________
Managing Director
Client:_________________________________
XBD-IE-2021-711D Glendora – Plan 1346 & 1347 – Various CIP Projects - Mulholland MG
Item #15. Page 73
Meeting Date: 1/25/2022 / Packet Page #: 287
10/15/2021 Page 1 of 2

1. Direct Labor (Specify) Estimated Hours Rate/Hour Est. Cost ($) Total Est. Cost Project Manager 7 $ 50.00 $ 350.00 $ 350.00
Utility Locator Grp 4 $ 42.91 $ - $ -
Utility Locator Grp 4 (Overtime) $ 64.37 $ - $ -
CCTV Operator Grp 4 $ 42.91 $ - $ -
CCTV Operator Grp 4 (Overtime) $ 64.37 $ - $ -
Pothole Drilling Crew Grp 1 16 $ 38.89 $ 622.24 $ 622.24 Pothole Drilling Crew Grp 1 (Overtime) $ 58.34 $ - $ -
Pothole Drilling Crew Grp 2 16 $ 39.06 $ 624.96 $ 624.96 Pothole Drilling Crew Grp 2 (Overtime) $ 58.59 $ - $ -
Traffic Control Technician (Certified) $ 40.08 $ - $ -
Traffic Control Flagging Crew (Certified) $ 37.43 $ - $ - Traffic Control Plan Specialist 2 $ 45.00 $ 90.00 $ 90.00 Traffic Control Plan Drafter $ 30.00 $ - $ -
Permit Processor / Tech II 5 $ 36.00 $ 180.00 $ 180.00
Admin II $ 33.00 $ - $ -
Report Drafter 4 $ 30.00 $ 120.00 $ 120.00
Total Direct Labor $ 1,987.20

2. Labor Overhead O.H Rate X Base = O.H. Cost
Project Manager 178% $ 350.00 $ 623.00 $ 623.00
Utility Locator Grp 4 178% $ - $ - $ -
Utility Locator Grp 4 (Overtime) 178% $ - $ - $ -
CCTV Operator Grp 4 178% $ - $ - $ -
CCTV Operator Grp 4 (Overtime) 178% $ - $ - $ -
Pothole Drilling Crew Grp 1 178% $ 622.24 $ 1,107.59 $ 1,107.59 Pothole Drilling Crew Grp 1 (Overtime) 178% $ - $ - $ - Pothole Drilling Crew Grp 2 178% $ 624.96 $ 1,112.43 $ 1,112.43 Pothole Drilling Crew Grp 2 (Overtime) 178% $ - $ - $ - Traffic Control Technician (Certified) 178% $ - $ - $ - Traffic Control Flagger (Certified) 178% $ - $ - $ -
Traffic Control Plan Specialist 178% $ 90.00 $ 160.20 $ 160.20 Traffic Control Plan Drafter 178% $ - $ - $ -
Permit Processor / Tech II 178% $ 180.00 $ 320.40 $ 320.40 Admin II 178% $ - $ - $ -
Report Drafter 178% $ 120.00 $ 213.60 $ 213.60
Total Labor Overhead $ 3,537.22
$ 5,524.42
Est. Cost
$ -
$ -
$ -
$ -
$ -
Est. Cost
$ -
$ -
$ -
$ 2,947.00
Not a part $ -
Not a part $ -
$ 8,471.42
20% $ 1,694.28
$ 10,165.70
Railroad flaggers, Permit Fees & Other Fees (Estimated)

TOTAL ESTIMATED COST AND FEE

PLEASE SEE SECOND PAGE FOR BREAKDOWN OF EQUIPMENT RATES, ODC'S, NOTES & EXCLUSIONS * Itemize on second page of this document

6. Fee

SUBTOTAL
Railroad Insurance (Estimated)
a. Subcontractors - N/A
b. Suppliers - N/A
Total Subcontractors/Suppliers

5. Other Direct Costs*
b. Hotel
d. Reproduction

4. Subcontractors/Suppliers
c. Per Diem or Subsistence
Total Travel/Reproduction
Project Name/Location: Various CIP Projects - Plan 1346 & 1347 / Mauna Loa, East of Glendora Ave - Glendora

PREVAILING WAGE ESTIMATE
AirX Utility Surveyors, Inc.
4395-G E. Lowell St., Ontario, CA 91761 909.906.2119 ph and 785 E. Mission Rd., Suite 100, San Marcos, CA 92069 760-480-2347 ph / 760-739-8034 fx airxus.com
Pricing on this document is valid for
90 days from the date above.

Prepared for: Mulholland, Brian Nieckula, 951-533-4791 CONTRACT NO.

Quote allows for 16 hours of
Potholing with a 2-man crew.
*Mobilization Included*

3. Travel/Reproduction*
a. Transportation
Total Labor & Overhead
Scope: 5 Potholes TOTAL AMOUNT OF PROPOSAL
$ 10,165.70

DETAILED DESCRIPTION OF COST ELEMENTS
XBD-IE-2021-711D Glendora - Plan 1346 & 1347 - Various CIP Projects - Mulholland PS Est Item #15. Page 74
Meeting Date: 1/25/2022 / Packet Page #: 288
10/15/2021
ITEM NO. EST. COST
($)

3. Travel/Reproduction QTY RATE UNIT
1 Travel/Mileage/Parking (PM & Permit Processor Only) 0 0.47 $ Per Mile $0.00 2 Hotel (2-man Potholing Crew/ 2 Rooms) 0 250.00 $ Per Night $0.00 3 Per Diem/Subsistence (2-man Potholing Crew) 0 92.00 $ Per Day $0.00 4 Reproduction (Pothole Report)/Postage/Delivery 0 42.00 $ Each $0.00

4. Subcontractors/Suppliers QTY RATE UNIT
1 Subcontractors $ - N/A $0.00
2 Suppliers $ - N/A $0.00

5. Other Direct Costs QTY RATE UNIT
1 Vacuum Truck 2 200.00 $ Per Day $400.00
2 Support Truck w/Comp & Equip 2 $ 100.00 Per Day $200.00 3 Locator Truck w/Equip 0 $ 150.00 Per Day $0.00
4 Traffic Cont. - Minimal (w/out TC & ROW plan) 0 $ 125.00 Each $0.00 5 Traffic Cont. - Bike, narrow, shifting lane, shoulder (excludes arrow board) 5 $ 250.00 Each $1,250.00 6 Traffic Cont. - Std or merging lane closure w/arrow board/Small Inter, 500' tapers 0 $ 417.00 Each $0.00 7 Traffic Cont. - Lg Intersections, multiple lane closures or large setups 0 $ 583.00 Each $0.00 8 D Plan Sheets Stamped by a Registered CA Civil Engineer 0 $ 667.00 Each $0.00 9 Mobilization to obtain CA Civil Engineer stamps 0 $ 100.00 Per Hour $0.00 10 Additional Arrow Board 0 $ 125.00 Each $0.00
11 Night Work (Addtl. Fee) 0 $ 292.00 Per Night $0.00
12 Skid Steer w/grinder attachment 0 $ 417.00 Per Day $0.00 13A Materials (Backfill, Asphalt Coring and Utilibond Permanent Patch) 5 $ 127.00 Each $635.00 13B Materials (Backfill Only) 0 $ 29.00 Each $0.00
14 Water Meter Deposit (Not Including Cost of Water) 0 $ 2,083.00 Each $0.00 15 Disposal of Spoils Non Hazardous Only 2 208.00 $ Per Load $416.00 16 Prelim Fee 1 $ 46.00 Each $46.00
17 Testing of Containers Cost + 10% 0 TBD 10% $0.00
18 Agency Permit Fees Cost + 10% 0 TBD 10% $0.00
$2,947.00
Alt. Optional AC Hot Patch 0 $ 4,400.00 Per Day $0.00
Additional Notes, Fees & Exclusions:
● This estimate INCLUDES the provision for prevailing wage, applicable to all field work. Prevailing Wage rates are set by the California Department of Industrial Relations (DIR) and subject to change annually per DIR regulations. Federal prevailing wage rates will also apply, if applicable. ● DIR Determination: SC-102-1184-1 Craft: Horizontal Directional Drilling (Laborer) was used for the purpose of estimating Potholing and Locating Services ● DIR Determination: SC-23-102-2 Craft: Laborer and Related Classifications was used for the purpose of estimating Traffic Control Services If the Determinations used for the purposes of this estimate are not correct, you must notify AirX Utility Surveyors Immediately so we can revise the estimate. ● This is an estimate only based on limited information provided. Adjustments, changes and response to actual field conditions may incur added costs.

Final invoicing will reflect actual work hours performed, materials utilized and services provided. ● AirX will make a good faith effort to locate and mark all utilities. However, due to utility depths, types of material, etc. some utilities may not be locatable or found. AirX requests that as-builts or maps be provided to assist in the locating process. ● Client to facilitate access to site.
● Potholing and Excavation rate applies to typical conditions of asphalt or concrete surface material 6" - 8" in depth and digable soil conditions. Excessive surface material, concrete beneath asphalt, cobble, dense clay, CTB base, slurry, caliche or other medium will be charged at the hourly rate listed on this estimate. ● This estimate is under the assumption that all potholes will be no more than 5’ in depth. If deeper, it will be charged at the hourly rate above. ● This estimate is under the assumption that 8hrs of work can be performed on site daily. If work hours are reduced, this estimate will need to be revised. ● This estimate does not include Hot Patching, please see Hot Patching option at the bottom of the estimate, if needed. ● Traffic Control has been estimated for this quote, but will be billed @ actual required. ● Traffic control and Right of Way plan drawings are on 11"x17" sheets. If D Sheets are required, additional fees will apply. If the TC plans are required to be prepared and approved by a Registered CA Civil Engineer, the cost is $250 per sheet, plus $120 per hour travel time. ● Standard traffic control includes all signs, cones, barricades, sign stands and caution tape and 1 arrow-board unless otherwise specified. Specialty equipment such as non-typical signage, crash barrels, message boards or K-Rail is available @ cost, plus 10%. ● AirX can provide certified flagman or additional laborers as needed at a rate of $156 per man/hour. ● Materials: Pricing allows for backfill of sand & Class II Base only. Also includes patching with AC Cold Patch or Quick Set Concrete only. AirX also offers a quality permanent patch with Utilibond. Use of Utilibond product is dependent upon Agency acceptance and guaranteed for 3 years.

Please request a revised quote if other backfill material or surface repair is required. ● Railroad Right of Way: Railroad Protective Liability Insurance will be required for all work within railroad right of way and may require Railroad-designated flagging and utility mark-out personnel. Coordination of personnel may affect schedule of work. Final fees will be paid for by AIRX and charged back to the Client at cost plus 10%. ● Hazardous Spoils: Testing, Storage, and Disposal of any material, hazardous or otherwise, will incur additional charge and based on project requirements. If required, fees will be paid for by AirX and charged back to the Client at cost plus 10%. ● Specialty training, due to project requirements, may incur added time and cost and affect schedule of work. ● Work within Caltrans, railroad, environmentally sensitive or contaminated areas may incur additional costs. ● Night work, if required, will incur additional cost for balloon lighting, generators and barricade lights. ● All rates are based on a standard 40-hour work week. Overtime, doubletime or holiday rates will apply, if applicable. ● Payment terms are 30 days from date of invoice, plus 1.5% per month thereafter. ● Project Management: Includes USA mark-out & standby coordination, QA & QC of pothole locations and Pre-Con Meeting(s).

SIGNATURE
Authorization: X Invoice Contact:
please include all persons that will be receiving invoicing correspondenc Invoice Address:
please include all persons that will be receiving invoicing correspondenc MG Invoice Email(s):
please include all persons that will be receiving invoicing correspondenc NAME OF FIRM AirX Utility Surveyors, Inc.
● Disposal of Spoils may be more or less depending on actual costs incurred.

PREVAILING WAGE ESTIMATE

SUPPORTING SCHEDULE

ITEM DESCRIPTION
TYPE NAME AND TITLE Dawn Kanavy - Managing Director
locators/traffic control are not a part of this estimate. ● Permits & associated fees/railroad flaggers/railroad liability policy insurance/railroad