Glendora City Council
February 22, 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: 2/22/2022 / Packet Page #: 1

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, FEBRUARY 22, 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: 2/22/2022 / Packet Page #: 2

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDATUESDAY, FEBRUARY 22, 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, February 22, 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 REAL PROPERTY NEGOTIATORS A closed session will be held, pursuant to Government Code §54956.8 to conduct property negotiations.

Property: 701 S. Elwood Avenue APN 8644-027-902
City Negotiators: City Attorney Wynder, City Manager Raymond, Assistant City Manager Lopez, Administrative Services Director Ricci, Community Development Director Kugel, Economic Development and Housing Manager Velasquez and other representatives as designated
Negotiating Parties: City negotiating with New Cingular Wireless PCS, LLC (AT&T) Under Negotiation: Terms of Property License Agreement

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9(d)(2) and (e)(1), because there is a significant exposure to litigation in one (1) case where the City believes the facts and circumstances which may give rise to litigation are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed.

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.

Meeting Date: 2/22/2022 / Packet Page #: 3
 Invocation
 Pledge of Allegiance

STUDENT REPORTS
Student Reports are presented by representatives from of Charter Oak, Glendora, St Lucy’s Priory and Whitcombe High Schools. Presentations are made the fourth Tuesday of each month from September to April.

3. High School Student Representative Report

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.

4. Public Comments

MEMBER STATEMENTS/REPORTS

CITY MANAGER AND CITY ATTORNEY STATEMENTS

SPECIAL ITEMS

5. Proclamation presented by City Council to Boy Scout George Reid Johnson in recognition of his participation on a scientific expedition to Antarctica

6. COVID-19: Reopening of the Economy Update

PUBLIC HEARINGS - NONE

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.

7. Affirm minutes from February 8, 2022 City Council, Successor Agency for the former Community Redevelopment Agency, and Housing Authority Meeting CITY/AGENCY/AUTHORITY RECOMMENDATION: Affirm minutes as presented.

8. Adopt a Resolution Re-Authorizing Remote Teleconference Meetings of the Legislative Bodies for the City of Glendora for the 30-Day period beginning March 1, 2022 through March 31, 2022 pursuant to the Ralph M. Brown Act and AB 361
CITY RECOMMENDATION: Adopt a City Council Resolution entitled, “A RESOLUTION Meeting Date: 2/22/2022 / Packet Page #: 4

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 MARCH 1, 2022 THROUGH MARCH 31, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND AB 361.”

9. Consideration of a License Agreement with New Cellular Wireless PCS, LLC for a new Wireless Communication Facility on City Owned Property at 701 S. Elwood Avenue (APN 8644-027-902)
CITY RECOMMENDATION: 1. Authorize the Mayor to Approve a License Agreement with New Cellular Wireless PCS, LLC for a new Wireless Communication Facility on City Owned Property at 701 S. Elwood Avenue (APN 8644-027-902).

10. City of Glendora and Glendora Successor Agency Investment Report for January 2022 CITY/AGENCY RECOMMENDATION: 1. Receive and file the Monthly Investment Activity Report for January 2022.

11. Consider entering into an agreement for professional services with Union Station Homeless Services
CITY RECOMMENDATION: 1. Authorize the City Manager to negotiate and execute the Agreement for Professional Services with Union Station Homeless Services.

MEMBER AGENDA ITEMS

12. Consideration of Senate Bill 843 (Glazer, 2022) - Renter's Tax Credit (Requested Boyer and Davis)
CITY RECOMMENDATION: 1. Consider Senate Bill 843 (Glazer, 2022); and 2. Provide City staff with direction accordingly.

13. Provide direction to staff regarding the waiving of Business License Taxes for multi-family business owners (Requested Boyer and Allawos)
CITY RECOMMENDATION: 1. Provide direction to staff on whether to move forward with waiving business license tax for multi-family business owners.

UNFINISHED BUSINESS

14. Update on the Strategic Plan February 2022
CITY RECOMMENDATION: 1. Receive the February 2022 Quarterly Update of the 2020- 2023 Three-Year Strategic Plan and provide input on future strategic planning sessions and updates.

15. Update On Landscape Maintenance District No.1 Ballot Potential (Strategic Plan Item 7-IFSS) CITY RECOMMENDATION: 1. Provide direction on which zones to conduct a Proposition Meeting Date: 2/22/2022 / Packet Page #: 5
218 assessment district ballot proceeding; and 2. Authorize the Administrative Services Director to make the necessary budget appropriations.

NEW BUSINESS

16. Consideration of the Taxpayer Protection and Government Accountability Act (AG# 21- 0042A1) Initiative
CITY RECOMMENDATION: 1. Consider a Resolution opposing the Taxpayer Protection and Government Accountability Act or AG# 21-0042A1; and 2. Provide City staff with direction accordingly.

17. Glendora Housing Authority Annual Report for Fiscal Year 2020-2021 AUTHORITY RECOMMENDATION: 1. Receive and file the annual report; 2. Direct staff to forward report to the California Department of Housing and Community Development; and 3.

Direct staff on programming excess surplus funds (alternatives included in body of staff report).

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: February 17, 2022
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Meeting Date: 2/22/2022 / 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: 2/22/2022 / Packet Page #: 7
Item #5. Page 1
Meeting Date: 2/22/2022 / Packet Page #: 8
1 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 7:00 p.m. via Zoom Video Communication, meeting ID# cityofglendora.org/zoom.

ROLL CALL
Council Members/Commissioners present: Michael Allawos, Gary Boyer, Karen K. Davis, David J. Fredendall, Mendell Thompson
Council Members/ Commissioners absent: None
Staff present: City Manager/Executive Director Adam Raymond, City/Agency Attorney William Wynder, Assistant
City Manager Moises Lopez, Administrative
Services Director/City Treasurer Marie Ricci,
Police Chief Matt Egan, Public Works Director
Alison Sweet, Library Director Janet Stone,
Community Development Director Jeff Kugel,
City Clerk/Communications Director Kathleen
Sessman, Assistant Public Works Director Chisom
Obegolu, Senior Planner Hans Friedel,
Administrative Assistant Lorena Cordova, Senior
Digital Media Specialist Greg Morton, and Deputy
City Clerk/Records Manager Elvia Harvey

CLOSED SESSION - NONE

INVOCATION AND PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Fredendall.

STUDENT REPORTS - NONE
City of Glendora Minutes
City Council, Successor Agency
and Housing Authority
Tuesday, February 8, 2022
via Zoom Video Communications,
meeting ID# cityofglendora.org/zoom
Item #7. Page 1
Meeting Date: 2/22/2022 / Packet Page #: 9
2 REORDERING OF AND ADDITIONS TO THE AGENDA
There were no request received.

PUBLIC COMMENT

1. Public Comments
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: Janelle Santellan, Kathleen Cady, Monica Lopez, Matt Russell, Jim Dowdle.

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

MEMBER STATEMENTS/REPORTS
Council Member Thompson gave a Goldline project update.

Council Member Allawos reported on his attendance at a meeting with Public Works, Three Valleys, and City Manager Raymond on plans for the Irwindale Wells and water supply; announced he would be attending a League of California City's Governance, Transparency, and Labor Relations Committee meeting on February 9, 2022; and reported on the La Colina development project off of Sierra Madre in Glendora.

Council Member Fredendall commented on repeated acts by youth in the Glendora Village requiring Police assistance.

Mayor Pro Tem Boyer announced February 7-11, 2022 is National School Counselor's Week; and gave an update on San Gabriel Valley Council Of Governments Regional Housing Trust projects.

Mayor Davis commented on the Souper Bowl of Caring fundraiser occurring now through February 12, 2022 sponsored by the Glendora Rotary to benefit Shepherds Pantry; announced the Mayor's Prayer breakfast was scheduled to be held on April 27, 2022; and that tonight’s meeting will be adjourned in memory of former City Manager Art Cook’s wife Mary Cook, and former Trails Council Chair Gordon Rowley’s wife Norma Rowley.

CITY MANAGER AND CITY ATTORNEY STATEMENTS
There were no statements given.

SPECIAL ITEMS
Item #7. Page 2
Meeting Date: 2/22/2022 / Packet Page #: 10
3 2. COVID-19: Reopening of the Economy Update
City Manager Raymond provided an update on COVID-19 Health Orders.

3. Police Department Quarterly Update
Police Chief Egan provided the update.

PUBLIC HEARINGS - NONE

CONSENT CALENDAR
Mayor Pro Tem Boyer requested additional information on Item #7 for public awareness.

A motion was made by Michael Allawos and seconded by Mendell Thompson to approve Consent Calendar Items #4 - #7 as presented.

Motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, Karen K. Davis; NOES: (None); ABSENT: (None); ABSTAIN: (None).

4. Affirm minutes from January 25, 2022 City Council, Successor Agency for the former Community Redevelopment Agency, and Housing Authority Meeting The City Council/Agency/Authority affirmed the minutes as presented.

5. Review and Affirm Disbursements for the Month of January 2022 in the Amount of $4,436,635.66.

The City Council affirmed disbursements for January 2022 in the amount of $4,436,635.66.

6. Approve Palo Alto Maintenance Agreement for 2022 in an amount not to exceed 25, 500 with the possibility of 4 one-year extension (Strategic Plan Item EMO-45) The City Council 1. Approved the purchase of the Palo Alto annual maintenance for 2022 in an amount not to exceed $25,500; 2. Authorized subsequent annual maintenance subscriptions up to 2026 along with a possible 5% contingency of the original contract each year; and 3. Authorized the City Manager to approve subsequent subscriptions upon verification of fiscal availability.

Item #7. Page 3
Meeting Date: 2/22/2022 / Packet Page #: 11
4 7. Award the Contract to CT&T Concrete Paving, Inc. for Citywide Sidewalk and Curb Ramp Improvements Project, Plan No. 1349 in the Amount of $258,570 (Strategic Plan Item 46-IMCIF)
The City Council 1. Adopted a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301(c) of the California Code of Regulations; 2.

Awarded the contract to CT&T Concrete Paving, Inc. for Citywide Sidewalk and Curb Ramp Improvements Project, Plan No. 1349 in the amount of $258,570 with a 10% contingency in the amount of $25,857 for a total amount of $284,427; 3. Authorized the Director Public Works to execute any necessary change orders in an amount not to exceed 10% of the original contract amount; 4. Approved a supplemental appropriation from Fund 256 – RMRA to this project in the amount of $59,502; and 5. Authorize the City Manager or his designee to execute the agreement including minimal and/or nonsubstantive changes.

MEMBER AGENDA ITEMS - NONE

UNFINISHED BUSINESS

8. Amend the 5-Year Capital Improvement Program to Include the Finkbiner Park Playground, Restroom and Pickleball/Tennis Court-Area Improvement Project and approve the Supplemental appropriation of $1,508,650 from Measure E (Strategic Plan Item 48-IMCIF and 49-IMCIF)
RECOMMENDATION: 1. Approve the Amended FY 2021-2026 Capital Improvement Program by changing the title of the existing “Finkbiner Park Restroom Remodel” project to the “Finkbiner Park Playground, Restroom and Pickleball/Tennis Court-Area Improvement Project”; and 2. Approve the supplemental appropriation from Measure E in the amount of $116,050 in FY2021/22 and $1,392,600 in FY2022/23, for a total of $1,508,650 to fund the design and construction of the project Staff Report and PowerPoint was presented by Assistant Public Works Director Sledd.

Following City Council discussion, a motion was made by Mendell Thompson and seconded by Michael Allawos to 1. Approve the Amended FY 2021-2026 Capital Improvement Program by changing the title of the existing “Finkbiner Park Restroom Remodel” project to the “Finkbiner Park Playground, Restroom and Pickleball/Tennis Court-Area Improvement Project”; and 2.

Approve the supplemental appropriation from Measure E in the amount of $116,050 in FY2021/22 and $1,392,600 in FY2022/23, for a total of $1,508,650 to fund the design and construction of the project.

Motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, Karen K. Davis; NOES: (None); ABSENT: (None); ABSTAIN: (None).

NEW BUSINESS

9. Award the Contract for Integrated Water Master Plan and Water Rate Study to AKM Item #7. Page 4
Meeting Date: 2/22/2022 / Packet Page #: 12
5 Consulting Engineers in the Amount of $549,942.80 (STRATEGIC PLAN ITEM 8-IFSS) RECOMMENDATION: 1. Award a Professional Services Agreement to AKM Consulting Engineers to conduct an Integrated Water Master Plan and Water Rate Study in the amount of $499,948 with a 10% contingency in the amount of $49,994.80 for a total amount of $549,942.80; and 2. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes.

Staff Report and PowerPoint was presented by Assistant Public Works Director Obegolu.

Following City Council discussion, a motion was made by Michael Allawos and seconded by David J. Fredendall to 1. Award a Professional Services Agreement to AKM Consulting Engineers to conduct an Integrated Water Master Plan and Water Rate Study in the amount of $499,948 with a 10% contingency in the amount of $49,994.80 for a total amount of $549,942.80; and 2. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes.

Motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, Karen K. Davis; NOES: (None); ABSENT: (None); ABSTAIN: (None).

10. Annual General Plan Progress Report and Housing Element Implementation Annual Progress Report
RECOMMENDATION: 1. Receive and file the General Plan Annual Progress Report and the Housing Element Implementation Annual Progress Report; and 2. Authorize staff to file the reports with the State of California Department of Housing and Community Development.

Staff Report and PowerPoint was presented by Senior Planner Friedel.

Following City Council discussion, a motion was made by David J. Fredendall and seconded by Michael Allawos to 1. Receive and file the General Plan Annual Progress Report and the Housing Element Implementation Annual Progress Report; and 2. Authorize staff to file the reports with the State of California Department of Housing and Community Development.

Motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, Karen K. Davis; NOES: (None); ABSENT: (None); ABSTAIN: (None).

11. Resolution declaring the existence of a local emergency due to January 2022 Wind Storm Event
RECOMMENDATION: 1. Adopt a City Council Resolution entitled, "A RESOLUTION

DECLARING THE EXISTENCE OF A LOCAL EMERGENCY, PURSUANT TO GLENDORA MUNICIPAL CODE §§ 11.04.010 AND 11.12.020(A), WITHIN THE

CITY OF GLENDORA DUE TO AN EXTRAORDINARY WIND EVENT
OCCURRING ON JANUARY 21-22, 2022."
Staff Report and PowerPoint was presented by Police Chief Egan.

Item #7. Page 5
Meeting Date: 2/22/2022 / Packet Page #: 13
6 Following City Council discussion, a motion was made by Michael Allawos and seconded by Mendell Thompson to 1. Adopt City Council Resolution CC 2022-06 entitled, "A

RESOLUTION DECLARING THE EXISTENCE OF A LOCAL EMERGENCY, PURSUANT TO GLENDORA MUNICIPAL CODE §§ 11.04.010 AND 11.12.020(A), WITHIN THE CITY

OF GLENDORA DUE TO AN EXTRAORDINARY WIND EVENT OCCURRING ON JANUARY 21-22, 2022."
Motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, Karen K. Davis; NOES: (None); ABSENT: (None); ABSTAIN: (None).

MEMBER/STAFF CLOSING COMMENTS
There were no comments.

ADJOURNMENT
Mayor Davis adjourned the meeting at 9:18 p.m. in memory of Mary Cook and Norma Rowley.

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 6
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: FEBRUARY 28, 2022
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 MARCH 1, 2022 THROUGH MARCH 31, 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 MARCH 1, 2022 THROUGH MARCH 31, 2022 PURSUANT TO THE RALPH M.

BROWN ACT AND AB 361.”

EXECUTIVE SUMMARY
On June 11, 2021, the Governor issued Executive Order (EO) N-08-21 to begin winding down some of the prior measures that were adopted to respond to COVID-19. Notably, EO N-08-21 rescinds the Brown Act Orders, effective September 30, 2021. On September 16, 2021, Governor Newsom signed Assembly Bill (AB) 361 (Rivas, 2021), 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. The pending expiration of the Brown Act Orders and the enactment of AB 361 created some ambiguity. To provide clarification, the Governor issued Executive Order N-15-21 (Attachment A), 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.

Starting at the September 28, 2021 City Council meeting, and at a monthly meeting thereafter the Glendora City Council has considered and adopted 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.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
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 Item #8. Page 1
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Staff Report Page 2 of 3
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 www.cityofglendora.org/citymeetings, YouTube at https://www.youtube.com/cityofglendoraca, and on the Media Center at https://www.cityofglendora.org/departments-services/television-and-media. 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 January 25, 2022 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.

A resolution (Attachment C) that will allow for the City of Glendora to continue online meetings from March 1, 2022 through March 31, 2022 is being presented to the City Council for consideration and action tonight 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 Item #8. Page 2
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Staff Report Page 3 of 3
section 54953.

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. According to the Los Angeles County Department of Public Heath, indoor masking will be revisited over the next month.

These and other recommended and/or required infection protocols create five 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/Records Manager Concurs With Not Applicable
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 W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Executive Order N-15-21
B. AB 361
C. Resolution
D. Executive Order N-21-21
Item #8. Page 3
Meeting Date: 2/22/2022 / Packet Page #: 17

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 #8. Page 4
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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 #8. Page 5
Meeting Date: 2/22/2022 / Packet Page #: 19
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 #8. 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
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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 —
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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 #8. 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 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
MARCH 1, 2022 THROUGH MARCH 31, 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
Item #8. Page 25
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Resolution CC 2022-___ Page 2 of 4
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
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:

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Resolution CC 2022-___ Page 3 of 4
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

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 22nd day of February 2022.

City Council of Glendora, CA
BY:

KAREN K. DAVIS
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
Item #8. Page 27
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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 22nd day of February 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 #8. Page 28
Meeting Date: 2/22/2022 / Packet Page #: 42

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:

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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 #8. Page 30
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: FEBRUARY 22, 2022
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): 3
SUBJECT: CONSIDERATION OF A LICENSE AGREEMENT FOR A NEW CELLULAR TELECOMMUNICATIONS FACILITY AT 701 S. ELWOOD AVENUE
(APN 8644-027-902).

RECOMMENDATION
That the City Council:
1) Authorize the Mayor to Execute a License Agreement with New Cellular Wireless PCS, LLC for a new Wireless Communication Facility on City Owned Property at 701 S. Elwood Avenue (APN 8644-027-902)

EXECUTIVE SUMMARY
Telecommunication facilities (also often referred to as “cell sites”) are permitted on City-owned property with approval of a Conditional Use Permit (CUP), as prescribed in §21.03.100(D)(1) of the Glendora Municipal Code (GMC) as well as with approval from the City Council of a License Agreement for use of City-owned land.

In 2020, the City received a request for a CUP from New Cellular Wireless PCS, LLC, doing business as AT&T Mobility (AT&T) for a new wireless telecommunications facility at 701 S. Elwood Avenue, the site is adjacent to Big Dalton Wash Trail at the base of South Hills. The CUP was approved by the Planning Commission and a License Agreement, included as Attachments A, which would allow the carrier to utilize the property has been negotiated for City Council consideration. Attachment B includes the zoning drawings for the proposed project. The initial term of the Agreement is for a period of five years, with options for five, five-year extensions for a total possibility of thirty years. The initial license fee is ThirtyThree Thousand Dollars ($33,000) per year, with an annual increase fixed at 3% per year.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On September 1, 2020, the Planning Commission held a Public Hearing and adopted Resolution PC 2020-07 (Attachment C) approving a CUP allowing for the use of a new wireless telecommunication facility at 701 S. Elwood Ave. located at the base of South Hills Park.

DISCUSSION
The City of Glendora maintains eleven separate agreements authorizing the use of City-owned property for cellular telecommunications facilities. The locations include public parks, water, and maintenance facilities throughout the community. These agreements are important as they provide for cell phone service to the community and generate revenue in the form of rental payments. In total, nearly $400,000 in revenue is generated annually benefiting the City’s General Fund.

The proposed Agreement is for a new cell site. The Agreement will be between the City of Glendora (Licensor) and New Cellular Wireless PCS, LLC, (AT&T) (Licensee). The subject site location is located at the northeastern portion of South Hills Park, west of Elwood Avenue, south of the flood control channel, Item #9. Page 1
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Staff Report Page 2 of 3
north of the “South Hills” and north of the Big Dalton Wash Trail (Attachment D). The site will be accessible off Elwood Ave.

If approved, the site will measure approximately 24 feet by 34 feet, or 816 square feet in total and include a 60-foot-tall ground-mounted tower. To camouflage the tower and its antennae, it will be designed to appear as a water tower that includes an upper tank with faux wood textured material and lower metal steal support framing. Photo simulations are included for review (Attachment E).

The License Agreement and Memorandum of License are presented for City Council consideration. Key provisions of the Agreement are as follows:
 Initial term of five years.
 Five, five-year renewal options, for a total (including initial term) of 30 possible years.  Initial License Fee at $2,750 per month ($33,000 per year).  Annual increase to License Fee of 3% as compared to previous year.  If in the future, another carrier (future sublicensee) requests to locate on the tower and City approval is granted, then the license fee will increase by 50% and be subject to the annual 3% increase.
 An administration fee of $5,500 is included to cover staff and legal costs associated with the negotiation and preparation of the Agreement, it will be due within 45 days of fully executed Agreement.
 License may be terminated by either Licensor or Licensee after the first fifteen years (2037) or with circumstances including failure to cure a default.

The improvements will begin once all requirements of building permits have been met and permit issued, however the license fee will commence upon the effective date of the Agreement, which is the date the Agreement is fully executed by both Licensor and Licensee.

FISCAL IMPACT
If approved, the License Agreement will generate $33,000 in the first 12 months. Thereafter, annual revenue will increase by 3%; the first five-year term will generate $175,201 in revenue for the City. Unless otherwise amended or terminated, the lease would expire with revenue continuing through December 2051.

ENVIRONMENTAL DETERMINATION
A Notice of Exemption (NOE) – Categorical Exemption was prepared (Attachment F) pursuant to California Environmental Act (CEQA) Guidelines §15303 (New Construction or Conversion of small structures – Class 3) as part of the CUP process.

Prepared By Valerie Velasquez, Economic Development and Housing Manager Concurs With Terry Kent, Planning Commission
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
CEQA Review Not Applicable
Item #9. Page 2
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Staff Report Page 3 of 3
ATTACHMENTS:

A. License Agreement and Memorandum of License
B. Zoning Drawings – Exhibit B to the License Agreement and Memorandum of License C. Resolution PC 2020-07
D. Site Location Map
E. Photo Simulations – Exhibit C to the Memorandum of License F. Notice of Exemption (NOE) – Categorical Exemption
Item #9. Page 3
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LICENSE AGREEMENT FOR WIRELESS COMMUNICATION FACILITY
Between the City of Glendora and New Cingular Wireless PCS, LLC 01240.0002/615708.12 -1-
THIS LICENSE AGREEMENT FOR WIRELESS COMMUNICATION FACILITY (this “License” or “Agreement”) is entered into by and between the City of Glendora, a municipal corporation (“Licensor”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company (“Licensee”). The Licensor and Licensee are at times collectively referred to hereinafter as “parties” or individually as “party.”

RECITALS
WHEREAS, Licensor owns certain real property in the City of Glendora identified as Los Angeles County Assessor’s Parcel No. 8644-027-902 and legally described in the attached Exhibit “A” (the "Property"); and
WHEREAS, Licensee seeks a grant from Licensor of a license to use the Premises (as defined below in Section 3), which is a portion of the Property, on the terms and conditions set forth herein, for the construction, installation, operation, replacement, upgrade, and maintenance of a communications facility, including radio transmitting and receiving antennas, tower and base, accessory equipment, equipment shelters and/or cabinets, related cables and utility lines, fiber, coaxial cable, base units, location-based systems, and other associated equipment (collectively, the "Antenna Facilities”); and
WHEREAS, the City of Glendora, acting in its governmental capacity, issued Conditional Use Permit Resolution No. PC 2020-07 / PLN19-0042 (“CUP”) to Licensee on September 1, 2020, for the construction, installation and operation of Licensee’s Antenna Facilities on the Premises.

This Agreement is entered into pursuant to condition of approval no. 6 of the CUP, and is intended to license the use of the Premises in a manner that comports with the CUP, including all conditions of approval thereof; and
WHEREAS, Licensor sees fit to grant such license to Licensee, and Licensee agrees to such grant of license, on the terms and conditions set forth herein.

AGREEMENT

1. Recitals.

The foregoing recitals are true and correct and are incorporated herein by this reference.

2. Due Diligence.

Licensee may enter the Premises for the purpose of making necessary inspections, taking measurements and conducting engineering surveys (and soil tests where applicable) and other reasonably necessary tests to determine the suitability of the Premises for its Antenna Facilities (“Due Diligence”), and for the purpose of preparing the Premises for the installation or construction of its Antenna Facilities. During any Due Diligence activities or pre-construction work, Licensee shall have insurance, in accordance with Section 16, which covers such activities.

The indemnification provision at Section 17 shall apply to all activities conducted, including Due Diligence activities. In addition, and except to the extent attributable to the gross negligence or Item #9. Page 4
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LICENSE AGREEMENT
Between the City of Glendora and New Cingular Wireless PCS, LLC 01240.0002/615708.12 -2-
willful misconduct of Licensor, Licensee assumes all risk of damage to the Property, injury or death to persons in, upon or about the Property in connection with Licensee’s use of the Property, arising from any activity of Licensee relative to any activities including Due Diligence activities.

Licensee hereby waives all claims with respect thereto against Licensor. Licensee will notify Licensor and obtain prior approval, such approval not to be unreasonably withheld, conditioned or delayed, of any proposed tests, measurements or pre-construction work and will coordinate the scheduling of such activities with Licensor. Licensee shall be liable for any and all damage to Licensor’s Property caused by Licensee’s (including its agents and contractors) Due Diligence or pre-construction activities. If in the course of its Due Diligence, Licensee determines that the Premises are unsuitable for Licensee’s contemplated use, then Licensee shall have the right to terminate this Agreement by delivery of written notice thereof to Licensor as set forth in Section 12, Termination.

3. Grant of License.

Subject to the CUP and the terms and conditions herein, Licensor hereby licenses to Licensee the use of that portion of the Property sufficient for placement of the Antenna Facilities together with Access Rights (defined at Section 11(d) below) for access and utilities as described and depicted in Exhibit “B” attached hereto (collectively referred to hereinafter as the "Premises").

The Premises is comprised of an area measuring approximately 24 feet by 34 feet, or 816 square feet in total. Licensee acknowledges that this License does not convey any interest in real property to Licensee.

4. Term and Effective Date.

The effective date of this License is the date of full execution by Licensor and Licensee (the “Effective Date”). The initial term of the License shall be five (5) years commencing on the Effective Date and terminating at midnight on the last day of the calendar month occurring sixty (60) full calendar months after the Effective Date (the “Initial Term”).

5. Renewal.
a. Licensee shall have the right to extend this License for up to five (5) successive five (5) year terms after the Initial Term (each a "Renewal Term") on the same terms and conditions as set forth herein. This License shall automatically renew for each successive Renewal Term unless:
i. Licensee notifies Licensor, in writing, of Licensee's intention not to renew this License, at least six (6) months prior to the expiration of the Initial Term or any Renewal Term; or
ii. The License has been terminated in accordance with Section 12 of this License.
b. Six (6) months prior to the end of the last Renewal Term, Licensee shall notify Licensor in writing of the expiration of the term. Said notice shall be sent to Licensor at the address specified in Section 18 below. However, failure to provide such notice shall not affect expiration of the term.

Item #9. Page 5
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LICENSE AGREEMENT
Between the City of Glendora and New Cingular Wireless PCS, LLC 01240.0002/615708.12 -3-

6. License Fee.
a. Licensee shall pay Licensor, as a License Fee for the Premises, Two Thousand Seven Hundred Fifty and No/100 Dollars ($2,750.00) per month (“License Fee”), subject to adjustments as set forth in subsection (c) of this Section. If Licensee obtains a Building Permit, but fails to complete or final the permit in accordance with applicable laws or regulations or fails to satisfy any condition of approval of the CUP, Licensor shall have the right to terminate this Agreement pursuant to Section 14 below after the expiration of the applicable notice and cure periods. The initial License Fee payment shall consist of the first and second month and shall be due within forty-five (45) days following the Effective Date. The License Fee for the first month shall be prorated based on the days remaining in the month of the Effective Date. Thereafter the License Fee will be payable monthly in advance by the fifth (5th) day of each month to Licensor at the address specified in Section 18 below.
b. Licensee acknowledges that the License Fee shall be paid without regard to operation of the Antenna Facilities. Licensee is responsible for payment of the License Fee for all times the Antenna Facilities occupy the Premises and for all times prior to termination. c. The monthly License Fee as set forth in subsection (a) of this Section shall be automatically increased on each anniversary of the Effective Date by an amount equal to three percent (3%) over the License Fee paid during the previous year. d. For purposes of offsetting costs to Licensor in negotiating and administering this Agreement, and not as an additional monthly license fee, within forty-five (45) days after the Effective Date, Licensee shall pay to Licensor a one-time administrative fee in the amount of Five Thousand Five Hundred and No/100 Dollars ($5,500.00) (“Administrative Fee”). The Administrative Fee does not include fees assessed by City of Glendora for the CUP, any permit, entitlement, or approval issued pursuant thereto or in connection therewith, or any other governmental approval, permit, entitlement or license issued by the City of Glendora (including but not limited to those specified in Section 8) or required of Licensee by law (“Governmental Approvals”). Licensee shall pay all applicable fees and taxes related to any and all Governmental Approvals. In the event this Agreement is terminated prior to the expiration of the Initial Term or any Renewal Term, Licensee shall not be entitled to a refund or credit of any portion of the Administrative Fee.
e. Licensee shall submit to Licensor a surety bond in accordance with Exhibit “D” attached hereto. The bond 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 Licensor due to unique circumstances. In the event Licensor determines that the activities to be performed under this Agreement create an increased or decreased risk of loss to Licensor, Licensee agrees that the limits of the insurance policies and the bond required herein may be changed up to one (1) time in each five (5) year term of this Agreement (i.e., once during the Initial Term and once during each Renewal Term) upon receipt of sixty (60) days prior written notice from Licensor; provided that Licensee shall have the right Item #9. Page 6
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LICENSE AGREEMENT
Between the City of Glendora and New Cingular Wireless PCS, LLC 01240.0002/615708.12 -4-
to appeal a determination of increased coverage by Licensor to the City Council of Licensor within 30 days of receipt of notice from Licensor.

7. Late Payment.

Licensee hereby acknowledges that late payment by Licensee to Licensor of the License Fee or other sums due hereunder will cause Licensor to incur costs not contemplated by this Agreement, the exact amount of which is extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, any payment of any sum to be paid by Licensee that is not paid within five (5) days of its due date shall be subject to a five percent (5%) late charge. Licensor and Licensee agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Licensor for its loss suffered by such late payment by Licensee.

8. Permitted Use.

Subject to the CUP (including all conditions thereof and all approvals required pursuant thereto) and all applicable land use or other entitlement and permit processes under the Glendora Municipal Code (GMC) and applicable state and federal laws and regulations, including building permit issuance, the Premises may be used by Licensee for the transmission and reception of communication signals within or utilizing the frequency bands duly authorized by the FCC and for the construction, installation, operation, maintenance, repair, removal, upgrade, or replacement of Antenna Facilities. Licensee agrees to install all Antenna Facilities, cables, wires, fiber, utilities or other devices or apparatus underground where feasible and in accordance with the GMC, the CUP (including but not limited to condition of approval no. 18 thereof), and this Agreement (including Exhibit “B” hereto). All construction activity on the Property shall be subject to Licensor’s prior written approval, not to be unreasonably withheld, conditioned or delayed. All future construction, structural modifications, alterations, or major or minor repairs shall comply with the provisions of this Agreement, the CUP (to the extent not supplemented by a future entitlement), and all applicable land use or other entitlement and permit requirements or processes of the City of Glendora, acting in its governmental capacity, under the GMC and applicable state and federal laws and regulations, and shall not be commenced without the Licensor’s prior written approval that the plans, specifications and schedule for such construction, structural modification or alteration are in conformance therewith, and that all applicable fees and charges due City of Glendora by Licensee have been paid, to the extent required by City of Glendora pursuant to resolution or ordinance of the City of Glendora or applicable state and federal law.

9. Interference.
a. Licensee shall comply with all non-interference rules of the Federal Communications Commission (“FCC”). Licensee shall not use the Premises in any way which interferes with any of the uses of the Property existing on the Effective Date of this License by Licensor or any of its employees, invitees, agents, tenants, lessees or licensees, nor shall Licensee’s use of the Premises interfere with Licensor’s or its employees, invitees, agents, tenants, lessees or licensees’ communications configurations, frequencies or operating equipment or any other utilities which exist on the Licensor’s Property on the Effective Date of this License (“Pre-Existing Item #9. Page 7
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LICENSE AGREEMENT
Between the City of Glendora and New Cingular Wireless PCS, LLC 01240.0002/615708.12 -5-
Facilities”). Upon written notice from Licensor of apparent interference by Licensee with PreExisting Facilities, Licensee shall have the responsibility to promptly terminate such interference or demonstrate to Licensor with competent information that the apparent interference in fact is not caused by Licensee’s facilities or operations. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference will cause irreparable injury, and therefore shall have the right to bring a court action to enjoin such interference or to terminate this Agreement upon notice and an opportunity to cure pursuant to Section 14. b. Licensee shall conduct all of its activities on the Premises, including but not limited to Due Diligence activities and construction, operation and maintenance of the Antenna Facilities, in a manner that does not materially interfere with the Licensor’s operations, or use of the Property existing on the Effective Date of this Agreement by the Licensor or third parties. Any determination as to whether any interference is "material" shall be made by the Licensor in its good faith sole reasonable discretion. In the event such interference occurs, Licensee shall promptly cease such interference, or if Licensee cannot promptly cease such interference, then Licensee shall promptly power down such equipment causing interference until the interference can be corrected. Licensee shall promptly commence such corrective action and shall diligently prosecute such correction to completion, and shall permanently correct such interference within a commercially reasonable time. In the event License fails or refuses to do so, or informs Licensor that it cannot or will not correct such interference, then Licensor may deliver a Notice of Termination to Licensee, in which case this License shall terminate immediately or when stated in the Notice of Termination, pursuant to Section 12(e).

10. Construction and Maintenance.
a. Construction. All of Licensee’s construction and installation work at the Premises, including but not limited to any retaining wall or other work performed pursuant to condition of approval no. 10 of the CUP, shall be performed at Licensee’s sole cost and expense and in a good and workmanlike manner. Licensee shall only conduct work in conformance with the CUP (including all approvals required pursuant thereto) and this Agreement, including the site plan attached hereto as Exhibit “B”. Licensee shall be liable for any and all damage to Licensor’s Real Property caused by Licensee’s (including its agents’ and contractors’) Due Diligence, preconstruction, construction or removal activities. i. Schedule and Notice. Licensee will notify Licensor and obtain prior approval, not to be unreasonably withheld, conditioned or delayed, of any proposed tests, measurements or construction work and will coordinate the scheduling of such activities with Licensor. Licensee shall submit to Licensor an accurate construction schedule for work, construction, pre-construction or Due Diligence activities. In the event that Licensee seeks to deviate from said schedule, Licensee shall notify Licensor at least forty-eight (48) hours in advance.
ii. Cost. All of Licensee’s construction and installation work at the Premises shall be performed at Licensee’s sole cost and expense. Licensee shall also reimburse Licensor for the reasonable actual cost associated with Licensor’s required and conducted construction inspections; Licensee shall reimburse Licensor for all reasonable costs, including regular and Item #9. Page 8
Meeting Date: 2/22/2022 / Packet Page #: 52

LICENSE AGREEMENT
Between the City of Glendora and New Cingular Wireless PCS, LLC 01240.0002/615708.12 -6-
overtime wages, related to staff and similar resources expended by Licensor to facilitate Licensee’s construction, pre-construction or Due Diligence activities. b. Maintenance and Repairs. Licensee shall maintain Licensee’s Antenna Facilities and the Premises in a neat and safe condition in compliance with the CUP, the GMC, and all other applicable codes and governmental regulations. In the event that Licensee’s Antenna Facilities fall into disrepair, Licensee shall commence the repair or take other required actions within thirty (30) days of written notice from Licensor and diligently prosecute the same to completion within a reasonable time. Licensee shall not be required to make any repairs to the Premises except for damages to the Licensor’s Property caused by Licensee, its employees, agents, invitees, contractors or subcontractors or if damage results from Licensee’s failure to secure the Premises.

11. Improvements; Utilities; Access.
a. Subject to the CUP and all approvals required pursuant thereto, and subject to all applicable land use or other entitlement, permit, and approval requirements and processes under the GMC and applicable state and federal laws and regulations, including building permit issuance, Licensee shall have the right, at its expense, to erect and maintain on the Premises its Antenna Facilities during the term of this License, and may replace the Antenna Facilities with substantially similar facilities at any time during the term of this License, provided it remains within the licensed Premises and consistent with the GMC, this Agreement (including Exhibit B), and the CUP, to the extent not supplemented by a future entitlement pertaining to the replacement. Licensee shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances and shall discharge or bond any mechanic’s lien filed or recorded. Antenna Facilities shall remain the exclusive property of Licensee and shall not be considered fixtures. Licensee shall have the right to remove the Antenna Facilities at any time during and upon the expiration or termination of this License.
b. Licensee shall, at Licensee's expense, keep and maintain the Antenna Facilities now or hereafter located on the Property in good condition and repair during the term of this License, normal wear and tear excepted. Upon termination or expiration of this License, the Premises shall be returned to Licensor in good, usable condition, normal wear and tear excepted. Removal of the Antenna Facilities shall be in accordance with Section 13 of this License. c. Subject to the CUP and all approvals required pursuant thereto, and subject to all applicable land use or other entitlement, permit, or approval requirements and processes, under the GMC and applicable state and federal laws and regulations, Licensee shall have the right to install utilities, at Licensee's expense, and to improve the present utilities on the Property (including, but not limited to, the installation of emergency power generators). Licensor agrees to cooperate with Licensee’s efforts to acquire necessary utility service. Licensee shall, wherever practicable, install separate meters for utilities used on the Property by Licensee. In the event separate meters are not installed, Licensee shall fully and promptly pay for all charges for all utilities attributable to Licensee's use, operation and maintenance of Licensee’s Antenna Facilities. In no event shall Licensor be liable to Licensee for any power interruption, change in quality or failure of the supply of electricity or any other utility used by Licensee.

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d. As partial consideration for the License Fee paid under this License, Licensor hereby grants Licensee a non-exclusive area license for reasonable ingress and egress to the Premises from Elwood Avenue, a public right-of-way immediately abutting the Property, and for reasonable provision of utilities to service the Antenna Facilities, throughout the Initial Term of this License and any Renewal Term, subject to the time limitations set forth in subsection (e) below (collectively, the “Access Rights”). The Access Rights provided hereunder shall have the same term as this License and shall be as described and depicted in Exhibit “B” and/or on file with the Licensor’s Planning Division.
e. Licensee shall have access to the Premises during the hours of 7:00 am to 6:00 pm for the Initial Term of this License and any Renewal Term at no additional charge to Licensee. In the event Licensee seeks to access the Premises at any other time, Licensee shall obtain prior written approval from Licensor, except in the case of an emergency where no approval is required, provided that Licensee provides notice thereafter describing the reason for such access. In accessing the Premises, Licensee agrees not to unreasonably disturb or interfere with the surrounding residences or with the business or other activities of Licensor or of other tenants or occupants of Licensor’s Property.

12. Termination.

Except as otherwise provided herein, this License may be terminated, without any penalty or further liability, as follows:
a. upon expiration of the second or any subsequent Renewal Term thereafter, by Licensor or Licensee, for any reason or no reason, provided Licensor or Licensee gives the other party at least eighteen (18) months’ prior written notice; b. upon thirty (30) days written notice by Licensor, if Licensee fails to cure a default for payment of amounts due under this License within that thirty (30) day period; c. immediately upon written notice by Licensee, prior to Licensee's installation of the Antenna Facilities on the Premises, if Licensee notifies Licensor of unacceptable results of any title report or environmental or soil test, or if Licensee is unable to obtain or maintain any license (including without limitation an FCC license), permit, or other applicable governmental approval necessary to the installation and/or operation of the Antenna Facilities or Licensee's business; d. immediately upon written notice by Licensee, if the Antenna Facilities are destroyed or damaged so as in Licensee's reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event, the rights and obligations of the parties shall cease as of the date of written notice to Licensor, and Licensee shall remove the Antenna Facilities in accordance with Section 13 below; or
e. in accordance with this Agreement, including Sections 2, 9, 14, 16, 20, 24 or Exhibit “D” attached hereto.

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Between the City of Glendora and New Cingular Wireless PCS, LLC 01240.0002/615708.12 -8-

13. Removal.

Upon termination, Licensee must remove Licensee’s Antenna Facilities within sixty (60) days after the termination date. Upon removal, Licensee shall ensure the Premises are in substantially the same condition existing as of the Effective Date, less ordinary wear and tear.

Licensee shall be liable for any and all damage caused by Licensee’s (including its agents’ and contractors’) removal activities. In the event that the Licensee fails to remove Licensee’s Antenna Facilities within such sixty (60) days, Licensor may remove Licensee’s Antenna Facilities at Licensee’s sole cost and expense. If such time for removal of Licensee’s Antenna Facilities causes Licensee to remain on the Premises after termination of this Agreement, Licensee shall pay the License Fee at the then-existing monthly rate until such time as the removal of the Antenna Facilities is completed.

14. Default and Right to Cure.

Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity, either party shall have the right, but not the obligation, to terminate this License on written notice pursuant to Section 12 hereof, to take effect immediately, if the other party fails to perform any covenant or obligation of this Agreement for a period of thirty (30) days after receipt of written notice thereof to cure. No such failure, however, will be deemed to exist if the defaulting party has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Licensor and Licensee acknowledge that all renderings, photographs, photo simulations or other depictions (“depictions”) have been relied on by Licensor in accepting and agreeing to the terms herein.

Accordingly, the parties agree that if the appearance or design of the Antenna Facilities is not constructed or installed, or is later are replaced with a different design than as shown in the depictions, including those photo simulations attached hereto as Exhibit E, then there shall be a material breach of this License, which shall be cured in accordance with this Section or Licensor shall have the right to terminate this License upon 30 days’ written notice to Licensee.

15. Taxes.

Licensee shall pay when due any personal property or real estate taxes, assessments, or charges owed on the Property which are attributable to this License or Licensee’s use of the Premises and/or the installation, maintenance, and operation of the Licensee’s improvements, including any increase in real estate taxes at the Property which is attributable to this License or Licensee’s improvements and/or Licensee’s use of the Premises. Licensee shall be responsible for the payment of any taxes, levies, assessments and other charges including franchise and similar taxes imposed upon the activities conducted by Licensee at the Property.

16. Insurance.

Without limiting Licensee’s indemnification of Licensor, and prior to commencement of any activities under this Agreement, Licensee 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.

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(a) General liability insurance. Licensee shall maintain commercial general liability insurance (including operations, products and completed operations), on a per occurrence basis, with coverage at least as broad as Insurance Services Office form CG 00 01 or its equivalent, in an amount of $2,000,000 per occurrence, $4,000,000 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. Policy must be endorsed with additional insured and waiver of subrogation endorsements.
(b) Automobile liability insurance. Licensee shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 or its equivalent covering bodily injury and property damage for all activities of the Licensee arising out of or in connection with this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount of $1,000,000 combined single limit for each accident. Policy must be endorsed with additional insured and waiver of subrogation endorsements. (c) Professional liability (Technology errors & omissions) insurance. Licensee shall maintain professional liability insurance that covers the activities to be performed in connection with this Agreement, in the 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 Licensee agrees to maintain continuous coverage or an extended reporting period will be exercised for a period of three (3) years beginning from the time the work is completed.

The policy must be endorsed with additional insured endorsement. (d) Workers’ compensation insurance. Licensee shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of $1,000,000 per accident, per disease per employee and policy limit). The policy must be endorsed with waiver of subrogation endorsement.

16.1 General Insurance Requirements.
(a) Proof of insurance. Licensee shall provide certificates of insurance and required endorsements to Licensor’s Risk Manager, for approval, at least fifteen (15) days prior to commencement of performance. Current certification of insurance shall be kept on file with Licensor at all times during the term of this Agreement. (b) Duration of coverage. Licensee shall carry and maintain for the duration of this Agreement required insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the activities of Licensee or its agents, representatives, or employees hereunder.
(c) Primary/noncontributing. Required coverage provided by Licensee shall be primary and any insurance or self-insurance procured or maintained by Licensor 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 Item #9. Page 12
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non-contributory basis for the benefit of Licensor before Licensor’s own insurance or selfinsurance shall be called upon to protect it as a named insured. (d) Licensor’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, Licensor has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Licensor will be promptly reimbursed by Licensee. In the alternative, Licensor may cancel or terminate this Agreement upon notice and an opportunity to cure pursuant to Section 14.
(e) Acceptable insurers. All required insurance policies shall be issued by an insurance company currently eligible 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 VIII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by Licensor’s Risk Manager.
(f) Waiver of subrogation. All required insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City of Glendora, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Licensee and entities providing insurance covering in compliance with these specifications to waive their right of recovery prior to a loss. Licensee hereby waives its own right of recovery against Licensor, and shall require similar written express waivers and insurance clauses from each of its subcontractors or sublicensees. (g) Enforcement of contract provisions (non-estoppel). Licensee acknowledges and agrees that any actual or alleged failure on the part of Licensor to inform Licensee of noncompliance with any requirement imposes no additional obligations on Licensor 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 Licensee maintains higher limits than the minimums shown above, Licensor requires and shall be entitled to coverage for the higher limits maintained by Licensee.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Licensor.
(i) Notice of cancellation. Licensee agrees to provide Licensor 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 that is not replaced. (j) Additional insured status. Liability policies shall be endorsed to include Licensor (City of Glendora) and its officers, officials, employees, agents, and volunteers as Item #9. Page 13
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additional insureds as respects this Agreement. Licensor’s additional insured status shall (i) be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Licensee, its employees, agents or independent contractors; (ii) not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Licensor, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of Licensor, its employees, agents or independent contractors; and, (iii) not exceed Licensee’s indemnification obligation under this Agreement, if any. This provision shall also apply to any excess/umbrella liability policies. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Licensee’s required 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. Prior to the commencement of any construction activities on the Property by Licensee, Licensee shall have the contractors performing such construction and installation activities to provide a certificate of insurance to Licensor evidencing a minimum liability coverage of $2,000,000. The certificate shall include Licensor as an additional insured. All coverages for subcontractors or sublicensees shall include all of the requirements stated herein. Licensee agrees to ensure that its sublicensees, subcontractors, and any other party involved with the Agreement who is invited and/or directed onto the Property by Licensee, provide the same minimum insurance coverage and endorsements required of Licensee. Licensee 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. Licensee agrees that upon request, all agreements with sublicensees, subcontractors, and others pursuant hereto will be submitted to Licensor for review. In the event Licensee allows its sublicensees, subcontractors, and any other party involved with the Agreement not to maintain the requisite insurance coverage and endorsements, Licensee agrees that its insurance coverage will be substituted to indemnify and defend Licensor pursuant to Section 17, Indemnification. (n) Licensor’s right to revise specifications. Licensor reserves the right, up to one time during the Initial Term, and up to one time during each Renewal Term of this Agreement, to change the amounts and types of insurance required, by giving Licensee ninety (90) days advance written notice of such change.
(o) Self-insured retentions. Any self-insured retentions must be declared to Licensor. Self-insurance will not be considered to comply with these specifications unless approved by Licensor.
(p) Timely notice of claims. Licensee shall give Licensor prompt and timely notice of claims made or suits instituted that arise out of or result from Licensee activities pursuant to this Agreement, and that involve or may involve coverage under any of the required liability policies.

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(q) Additional insurance. Licensee may 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 its activities pursuant to this Agreement. (r) Self-Insurance. Licensee may, with prior disclosure to and approval from Licensor, self-insure any of the required insurance under the same terms as required by this Agreement. In the event Licensee elects to self-insure its obligation under this Agreement to include Licensor as an additional insured, the following conditions apply: (i) Licensor shall promptly and no later than thirty (30) days after notice thereof provide Licensee with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Licensee with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) Licensor shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Licensee; and (iii) Licensor shall fully cooperate with Licensee in the defense of the claim, demand, lawsuit, or the like.

17. Indemnification.

Licensee agrees to indemnify the Licensor, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, death or injury to persons, damages to property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with Licensee’s Antenna Facilities, or the negligent performance of the work, operations or activities of Licensee, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Licensee hereunder, or arising from Licensee’s negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities to the extent arising from the negligence or willful misconduct or acts of the Licensor, its officers, agents or employees, and in connection therewith:
a. Licensee 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. Licensee will promptly pay any judgment rendered against the Licensor, 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 Licensee hereunder; and Licensee agrees to save and hold the Licensor, its officers, agents, and employees harmless therefrom;
c. In the event Licensor, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Licensee 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 Licensee hereunder, Licensee agrees to pay to the Licensor, its officers, agents or employees, any and all costs and expenses incurred by the Licensor, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

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The provisions of this Section shall survive the expiration or earlier termination of this Agreement.

18. Notices.

All notices, requests, demands and other communications shall be in writing and are effective three (3) days after deposit in the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next-business-day delivery via a nationally recognized overnight courier to the addresses set forth below. Licensor or Licensee may from time to time designate any other address for this purpose by providing written notice to the other party.

If to Licensor, to: City of Glendora
116 E. Foothill Blvd.

Glendora, CA 91741
Attn: Community Development,
Economic Development and Housing Manager
And with a copy to: Aleshire & Wynder, LLP
2361 Rosecrans Avenue, Suite 475
El Segundo, CA 90245
Attn: William Wynder, City Attorney
Send License Fee Payments to: City of Glendora
116 E. Foothill Blvd.

Glendora, CA 91741
Attn: Finance Department
If to Licensee: New Cingular Wireless PCS, LLC
Attn.: Network Real Estate Administration
Re: Cell Site #: CLL02554; Cell Site Name: Elwood
(CA)
Fixed Asset #: 12844582
1025 Lenox Park Blvd NE, 3rd Floor
Atlanta, GA 30319
With a copy to: New Cingular Wireless PCS, LLC
Attn.: Legal Dept – Network Operations
Re: Cell Site #: CLL02554; Cell Site Name: Elwood
(CA)
Fixed Asset #: 12844582
208 S. Akard St.

Dallas, TX 75202-4206
Item #9. Page 16
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19. Quiet Enjoyment; Authority.
a. So long as Licensee is not in default under this License, Licensee shall be entitled to quiet enjoyment of the Premises during the Initial Term of this License or any Renewal Term, and Licensee shall not be disturbed in its occupancy and use of the Premises except as provided herein.
b. As of the Effective Date and at all times during the Initial Term and any Renewal Terms of this License, the parties agree (i) the parties have the full right, power and authority to execute and perform this License; and (ii) execution and performance of this License will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on either party.

20. Condemnation.

If a condemning authority takes all of Licensor’s Property, or a portion which in Licensee’s reasonable opinion is sufficient to render the Premises unsuitable for Licensee’s ongoing operation of a communications site, then this License shall terminate without further liability of Licensee as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation recoverable under applicable condemnation law. Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of eminent domain shall be treated as a taking by a condemning authority.

21. Environmental Laws.

Licensor and Licensee shall not introduce or use on the Property any substance, chemical or waste that is identified as hazardous, toxic or dangerous (collectively, "Hazardous Substance") in violation of any applicable law or regulation. Each party agrees to defend, indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liability (collectively, “Claims”) including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment (collectively, “Actions”), that relate to or arise from the indemnitor’s activities on the Property. The indemnifications in this Section specifically include, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. This Section shall survive the termination or expiration of this License.

22. Assignment; Sublicensing; Colocation.
a. Subject to any applicable CUP conditions or restrictions, Licensee may assign or otherwise transfer this License and the Access Rights (as defined above) granted herein upon written approval of Licensor. Licensor’s approval shall not be unreasonably withheld, conditioned or delayed. In reviewing the request of Licensee to assign or otherwise transfer this License, Item #9. Page 17
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Licensor shall review the creditworthiness and licenses obtained by the proposed assignee or transferee. Upon such assignment, and provided the assignee or transferee has expressly assumed all obligations hereunder, Licensee shall be relieved of all liabilities and obligations hereunder and Licensor shall look solely to the assignee for performance under this License and all obligations hereunder.
b. Subject to this Agreement (including subsection (c) of this Section), the GMC, and any applicable CUP conditions or restrictions, Licensee may divide, sublicense, apportion or otherwise piggyback or colocate additional wireless telecommunication operators on the Antenna Facilities (each such event individually constituting a “Colocation”), provided, however, that prior to any Colocation, Licensee shall obtain the prior written consent of Licensor, not to be unreasonably withheld, conditioned or delayed where the Colocation constitutes an “eligible facilities request” as defined in applicable law, and shall obtain any approvals or permits required by Licensor. No such apportionment or colocation permitted by this Section shall result in any equipment that is placed underground pursuant to this Agreement extending above-ground.

Additionally, Licensee shall deliver to Licensor, within 30 days of each Colocation, a fully executed (redacted as necessary to remove proprietary information or other information not required for purposes of this Agreement) copy of the agreement evidencing such Colocation. The parties acknowledge that all colocations shall be subject to compliance with applicable laws, including Government Code Sections 65850.6 and 65964, and that any space needed beyond the Premises shall require a new license, agreement or amendment in writing. c. In addition to the License Fee paid by Licensee to Licensor pursuant to Section 6 of this Agreement, as further consideration for the right to use and license the Premises, if, after full execution of this Agreement, Licensor approves Licensee’s request to sublicense or grant a similar right of use or occupancy or Colocation in the Premises or a portion thereof to an unaffiliated third party not already a sublicensee on the Premises (each a “Future Sublicensee”), Licensee agrees to pay to Licensor fifty percent (50%) of the rental, license or similar payments that become due pursuant to such Future Sublicensee subject to the automatic increase on each anniversary of the Effective Date by an amount equal to three percent (3%) (excluding any reimbursement of taxes, construction costs, installation costs, or revenue share reimbursement) (the “Additional License Fee”), within thirty (30) days after receipt of said payments by Licensee.

23. Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns, as permitted by this License.

24. Relocation of Licensee’s Antenna Facilities.

Subject to the other provisions of this License, in the event Licensor desires to redevelop, modify, remodel or in any way alter Licensor’s Property or any improvements thereon (“Redevelopment”), Licensor shall in good faith use its best efforts to fully accommodate Licensee’s continuing use of the Premises. If any proposed Redevelopment necessitates the relocation of the Premises or Licensee’s Antenna Facilities, or any alterations to Licensee’s Antenna Facilities, then Licensee shall relocate or make the necessary alterations, at Licensee’s Item #9. Page 18
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sole cost, expense and risk; provided, however, that Licensor has provided Licensee with no less than twelve (12) months prior written notice of Licensor’s proposed Redevelopment. If Licensee, in its sole discretion, can not relocate to a location on Licensor’s Property which is technologically and operationally feasible, then Licensee may terminate this License with thirty (30) days written notice to Licensor. Licensor shall only be entitled to require Licensee to relocate Licensee’s Antenna Facilities as set forth above after the expiration of the Initial Term.

25. Severability.

If any term of this License is found to be void or invalid, then such finding shall not affect the remaining terms of this License, which shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. Any questions of particular interpretation shall not be interpreted against the draftsman, but rather in accordance with the fair meaning thereof. No provision of this License will be deemed waived by either party unless expressly waived in writing and signed by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provision of this License shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision.

26. Governing Law and Venue.

This License shall be construed in accordance with the laws of the State of California. The parties further agree that Los Angeles County, California is the proper place for venue as to any litigation and Licensee agrees to submit to personal jurisdiction of such court in the event of litigation.

27. Entire Agreement; Amendments.

This License constitutes the entire agreement and understanding of the parties regarding Licensee’s use of the Property for the Antenna Facilities, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this License must be in writing and executed by both parties. Any significant amendments made at the request of the Licensee shall require that Licensee compensate Licensor for the reasonable actual legal and administrative costs associated with the proposed amendment.

28. 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.

Item #9. Page 19
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29. Non-liability of Licensor’s Officers and Employees.

No officer or employee of Licensor shall be personally liable to the Licensee, or any successor in interest, in the event of any default or breach by Licensor or for any amount which may become due to Licensee or to its successor, or for breach of any obligation of the terms of this Agreement.

30. Waiver.

No provision of this License shall be deemed to have been waived by a party unless the waiver is in writing and signed by the party against whom enforcement of the waiver is attempted.

No custom or practice which may develop between the parties in the implementation or administration of the terms of this License shall be construed to waive or lessen any right to insist upon strict performance of the terms of this License.

31. Miscellaneous.
a. The City of Glendora acting in its governmental capacity reserves all its governmental authority and discretion to consider, approve, conditionally approve or deny any and all required permits, approvals, and land use entitlements. Prior to any installation of the Antenna Facilities, Licensee agrees to obtain all required permits and/or licenses pertaining to the installation, operation, maintenance and repair of its equipment on the Premises, including but not limited to applicable licenses from the FCC and applicable licenses or permits required from Licensor under the Glendora Municipal Code (“GMC”) or other applicable laws, rules or regulations. Licensee shall obtain and at all times maintain, at Licensee's sole expense, all licenses, permits and authorizations required for Licensee's use of the Premises, and shall pay all applicable fees therefor.
b. Licensee shall repair in good workman-like manner any and all damage caused by Licensee to the Property. Licensee agrees to conduct all activity so as not to unreasonably disturb residents, businesses or materially interfere with use of the Property. c. Licensor shall not be responsible for any vandalism that may occur upon the Premises by circumstances beyond the reasonable control of Licensor. d. Licensor may post upon the Premises a “Notice of Non-responsibility.” e. If any alarm system is utilized by the Licensee on the Premises, said alarm system shall be linked to a private monitoring company which shall be permitted in accordance with the GMC or other applicable laws or regulations.
f. Licensee acknowledges that the Antenna Facilities and all of Licensee’s activities pursuant to this Agreement are subject to Licensor’s noise ordinance at GMC Chapter 9.44. g. Licensee shall make every effort to not unreasonably disturb any public park activities during the installation, repair or daily operations of Licensee’s Antenna Facilities.

Item #9. Page 20
Meeting Date: 2/22/2022 / Packet Page #: 64

LICENSE AGREEMENT
Between the City of Glendora and New Cingular Wireless PCS, LLC 01240.0002/615708.12 -18-
h. Licensee agrees not to maintain nor permit any nuisances on the Premises, nor permit the Premises to be used for any purpose or use in violation of any of the laws, ordinances, rules or regulations of any public authority applicable thereto. i. Each party agrees to cooperate with the other in executing any documents (including a Memorandum of License in substantially the form attached hereto as Exhibit “C”) necessary to protect its rights or use of the Premises. The Memorandum of License may be recorded in place of this License, by either party.
j. This License may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. k. All Exhibits referred to herein and any Addenda are incorporated herein for all purposes. The parties understand and acknowledge that Exhibit “A” (the legal description of the Property) and Exhibit “B” (the Premises location within the Property), may be attached to this License and the Memorandum of License, in preliminary form, provided the preliminary exhibits are replaced with final exhibits prior to any use of the Premises by Licensee pursuant to this Agreement. Accordingly, and subject to the foregoing restriction, the parties agree that upon the preparation of final exhibit(s) (that have been approved by Licensor, not to be unreasonably withheld, conditioned or delayed [except that the use of the phrase “not to be unreasonably withheld, conditioned or delayed,” wherever used in this Agreement, shall not be construed to limit or interfere with the discretion of the City Council or Planning Commission of the City of Glendora, acting in its governmental capacity, in any way]) the preliminary exhibit(s) may be replaced by Licensee with such final exhibit(s). The terms of all Exhibits are incorporated herein for all purposes.
l. If Licensee is represented by any broker or any other leasing agent, then Licensee is responsible for all commission fees or other payment to such agent, and agrees to indemnify and hold Licensor harmless from all claims by such broker or anyone claiming through such broker. [Signatures on following page]
Item #9. Page 21
Meeting Date: 2/22/2022 / Packet Page #: 65

LICENSE AGREEMENT
Between the City of Glendora and New Cingular Wireless PCS, LLC 01240.0002/615708.12 -19-
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below, and acknowledge that this Agreement is effective as of the date of full execution by Licensor and Licensee.

LICENSOR:

CITY OF GLENDORA, a municipal corporation
KAREN K. DAVIS, Mayor
Date: ___________________________
ATTEST:

KATHLEEN R. SESSMAN, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
WILLIAM W. WYNDER
City Attorney
LICENSEE:

NEW CINGULAR WIRELESS PCS, LLC, a
Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:
(Signature)
Print Name: Misty Snowden
Title: Area Manager
Email: [email protected]
Date:

NOTE: LICENSEE’S SIGNATURE(S) SHALL BE DULY

NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL

BE INCLUDED IF REQUIRED BY THE OPERATING

AGREEMENT, BYLAWS OR OTHER RULES OR
REGULATIONS APPLICABLE TO LICENSEE’S LLC.

Item #9. Page 22
Meeting Date: 2/22/2022 / Packet Page #: 66
01240.0002/615708.12 Exhibit “A”
Exhibit A
Legal Description of Property
Licensor’s Property, identified as Assessor’s Parcel Number 8644-027-902, of which the Premises are a part, is described as follows:

All that certain real property situated in the County of Los Angeles, State of California, described as follows:

THAT PORTION OF THE NORTHWEST, QUARTER OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 9 WEST, AND THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 9

WEST, OF THE SUBDIVISION OF THE RANCHO ADDITION TO SAN JOSE AND A PORTION OF THE RANCHO SAN JOSE; AND THAT PORTION OF THE SUBDIVISION OF THE RANCHO ADDITION TO SAN

JOSE AND A PORTION OF THE RANCHO SAN JOSE, IN THE CITY OF GLENDORA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGES 21 ET SEQ., OF

MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY WHICH IS
INDICATED ON SAID MAP AS A PORTION OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 9 WEST; AND A PORTION OF LOTS 8 AND 9 IN FRACTIONAL SECTION 32; AND A PORTION OF FRACTIONAL SECTION 32, AND A PORTION OF LOT 13 OF FRACTIONAL SECTION 31, TOWNSHIP 1 NORTH, RANGE 9 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN SAID CITY, COUNTY
AND STATE, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS A WHOLE AS FOLLOWS:

BEGINNING AT A POINT IN THE SOUTH LINE OF THE NORTH HALF OF SAID FRACTIONAL SECTION 32,
DISTANT THEREON SOUTH 89°27'10" WEST, 1083 FEET FROM THE CENTER OF SAID FRACTIONAL SECTION 32, AND BEING AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO CHARLES H. CURTIS, RECORDED IN BOOK 5095 PAGE 142 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 89°27'10" WEST, ALONG SAID SOUTH LINE 33.00 FEET; THENCE SOUTH 0°08'50" WEST, PARALLEL WITH THE WEST LINE OF THE LAND DESCRIBED IN SAID DEED TO CURTIS, A DISTANCE OF 562.76 FEET TO THE SOUTHERLY LINE OF THE LAND DESIGNATED AS PARCEL NO. 122 IN FINAL DECREE OF CONDEMNATION ENTERED IN LOS ANGELES COUNTY SUPERIOR COURT, CASE NO. 721462, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 2, 1960, AS INSTRUMENT NO. 4005 IN BOOK D738 PAGE 151, OFFICIAL RECORDS OF SAID COUNTY, SAID SOUTHERLY LINE BEING A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1865 FEET, A RADIAL
BEARING TO SAID POINT BEARS SOUTH 17°35'16" EAST;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°49'31" AN ARC DISTANCE OF 254.72 FEET;
THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 80°14'15" WEST, 493.10 FEET TO THE

BEGINNING OF A TANGENT CURVE IN SAID SOUTHERLY LINE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1775.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28°00'40" AND ARC
DISTANCE OF 867.77 FEET TO THE WESTERLY LINE OF LOT 8 OF SAID FRACTIONAL SECTION 32; THENCE SOUTH 0°35'53" WEST, 285.76 FEET TO THE NORTHEAST CORNER OF LOT 13 OF SAID FRACTIONAL SECTION 31;
THENCE SOUTH 0°35'53" WEST, ALONG THE EASTERLY LINE OF SAID LOT 13, 20.00 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 20.00 FEET, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID LOT 13;
THENCE SOUTH 89°39'29" WEST, ALONG SAID PARALLEL LINE 320.72 FEET TO THE EASTERLY LINE OF
Item #9. Page 23
Meeting Date: 2/22/2022 / Packet Page #: 67
01240.0002/615708.12 -21-
THE LAND DESIGNATED AS PARCEL NO. 558 IN SUPERIOR COURT CASE NO. 719581, LOS ANGELES COUNTY, A CERTIFIED COPY OF THE DECREE WAS RECORDED APRIL 13, 1960, AS INSTRUMENT NO. 4970 IN BOOK D813 PAGE 657, OFFICIAL RECORDS OF SAID COUNTY;

THENCE ALONG THE SOUTHEASTERLY LINE OF THE LAST ABOVE MENTIONED PARCEL THROUGH THE
FOLLOWING COURSES; SOUTH 26°17'48" WEST, 52.58 FEET; SOUTH 75°58'26” WEST, 74.80 FEET TO A POINT IN A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2490.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 39°30'16" WEST;THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°45'40" AN ARC
DISTANCE OF 119.99 FEET;
THENCE LEAVING THE SOUTHEASTERLY LINE OF SAID PARCEL NO. 558 SOUTH 54°17'44" EAST, 244.27
FEET;
THENCE SOUTH 35°47'38" EAST, 375.05 FEET;
THENCE SOUTH 9°51'30" WEST, 192.75 FEET;
THENCE SOUTH 20°23'10" EAST, 285.51 FEET;
THENCE NORTH 73°01'39" EAST, 15.00 FEET
THENCE SOUTH 16°58'21" EAST, 170.00 FEET;
THENCE SOUTH 73°01'39" WEST, 45.00 FEET;
THENCE SOUTH 31°09'36" EAST, 183.60 FEET;
THENCE SOUTH 45°28'39" EAST, 303.03 FEET;
THENCE SOUTH 33°01'39" EAST, 176.68 FEET TO THE NORTHERLY LINE OF THAT CERTAIN 120.00 FOOT

WIDE EASEMENT AS CONDEMNED BY THE CITY OF LOS ANGELES, FOR AN ELECTRIC

TRANSMISSION
LINE AND INCIDENTAL PURPOSES, BY FINAL DECREE OF CONDEMNATION ENTERED IN CASE NO. 383541 SUPERIOR COURT, A CERTIFIED COPY THEREOF BEING RECORDED IN BOOK 15954 PAGE 287, OFFICIAL RECORDS;
THENCE ALONG THE NORTHERLY LINE OF SAID EASEMENT NORTH 83°04'34" EAST, 580.00 FEET TO AN
ANGLE POINT THEREIN;
THENCE ALONG THE NORTHERLY LINE OF SAID EASEMENT NORTH 89°42'20" EAST, 365.00 FEET; THENCE NORTH 15°00'00" EAST, 250.00 FEET
THENCE NORTH 83°03'20" EAST, 584.17 FEET;
THENCE NORTH 9°41'51" EAST, 35.00 FEET;
THENCE SOUTH 80°18'09" EAST, 220.00 FEET TO A POINT WHICH WOULD BE INTERSECTED BY THE SOUTH PROLONGATION OF THE EAST LINE OF THE LANDS SO CONVEYED TO CHARLES H. CURTIS, AFORESAID;
THENCE NORTH 0°08'50" EAST, 1399.03 FEET TO THE SOUTHEAST CORNER OF THE LAND SO CONVEYED TO SAID CURTIS;
THENCE SOUTH 89°27'10" WEST, 660.00 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 0°08'50" EAST, 1320.00 FEET TO THE POINT OF BEGINNING.

EXCEPT THEREFROM THAT PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY LINE OF PARCEL 122, DESCRIBED FINAL DECREE OF CONDEMNATION ENTERED IN LOS ANGELES COUNTY SUPERIOR COURT CASE NO. 721462, A CERTIFIED COPY THEREOF BEING RECORDED FEBRUARY 2, 1960 IN BOOK D738 PAGE 151, OFFICIAL RECORDS OF SAID COUNTY.

ALSO EXCEPT THOSE PORTIONS CONVEYED TO CITY OF GLENDORA BY DEEDS RECORDED RESPECTIVELY ON DECEMBER 31, 1969 AS INSTRUMENT NO. 3653 IN BOOK, D4596 PAGE 306 AND JANUARY 12, 1970 AS INSTRUMENT NO. 121 IN BOOK D4603 PAGE 997 OF SAID OFFICIAL RECORDS.

ALSO EXCEPT THAT PORTION DESCRIBED IN PARCEL NO. 2 OF THE FINAL ORDER OF

CONDEMNATION
ENTERED IN SUPERIOR COURT CASE NO. 911124, A CERTIFIED COPY THEREOF BEING RECORDED MAY 29, 1969 AS DOCUMENT NO. 4779 IN BOOK D4386 PAGE 950 OF SAID OFFICIAL RECORDS.

ALSO EXCEPTING FROM THAT PORTION OF SAID LAND WHICH LIES WITHIN THE LINES OF THE WEST
HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 5, ALL OIL, GAS AND OTHER Item #9. Page 24
Meeting Date: 2/22/2022 / Packet Page #: 68
01240.0002/615708.12 -22-

HYDROCARBON SUBSTANCES WHICH MAY EXIST IN OR ON SAID LAND, AS RESERVED IN THE DEED FROM BETTY B. HYDE, WHO ACQUIRED TITLE AS BETTY BOYLE CALLERY, RECORDED IN BOOK 2952
PAGE 390, OFFICIAL RECORDS.

ALSO EXCEPTING FROM THAT PORTION OF SAID LAND WHICH LIES WESTERLY OF THE WESTERLY LINE OF SAID SECTION 32, AN UNDIVIDED 1/16TH ROYALTY OF MINERAL RIGHTS THEREIN, AS RECITED IN THE AGREEMENT RECORDED MARCH 17, 1944 IN BOOK 20746 PAGE 222, OFFICIAL RECORDS, AND ALSO EXCEPT A 1/16TH INTEREST IN AND TO ALL MINERALS OF WHATEVER

NATURE,

KIND OF DESCRIPTION IN, ON, OR UNDER SAID LAND OR ANY PART OF PARCEL THEREOF, AS RESERVED IN THE AGREEMENT TO CONVEY, RECORDED MARCH 22, 1945 IN BOOK 21817 PAGE 74, OFFICIAL RECORDS, AND RE-RECORDED JULY 26, 1949 IN BOOK 30525 PAGE 327, OFFICIAL RECORDS, AND AS RESERVED IN THE DEED FROM FRED S. KOCHEMDPRFER. ET AL., RECORDED AUGUST 3, 1950
IN BOOK 33876 PAGE 72, OFFICIAL RECORDS.

APN: 8644-027-902 & 901
Item #9. Page 25
Meeting Date: 2/22/2022 / Packet Page #: 69
01240.0002/615708.12 Exhibit “B”
Exhibit B
Description of Premises
The Premises consist of those specific areas (described or shown in the attachment identified below) where the Antenna Facilities occupy Licensor’s Property. [Attached hereto is drawing identified as “CLL02554 / Elwood - Zoning Drawings” dated 10/1/2020__ with numbered pages ___1-15_____]
(A final drawing or copy of a property survey or site plan depicting the above shall be included in this Exhibit B in accordance with Section 31(k).)
Item #9. Page 26
Meeting Date: 2/22/2022 / Packet Page #: 70
01240.0002/615708.12 Exhibit “C”
Exhibit C
Memorandum of License
Prepared by:

Smartlink LLC
3300 Irvine Avenue, Suite 300
Newport Beach, CA 92660
Return to:

New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
1025 Lenox Park Blvd NE, 3rd Floor
Atlanta, GA 30319
Re: Cell Site No. CLL02554; Cell Site Name: Elwood (CA) Fixed Asset Number: 12844582
Market: Los Angeles
Address: 701 E. Elwood Avenue, Glendora
State: California
County: Los Angeles

MEMORANDUM
OF

LICENSE
This Memorandum of License is entered into on this ____ day of ____________________, _________, by and between CITY OF GLENDORA, a municipal corporation, with an office at 116 E.

Foothill Blvd., Glendora, CA 91741 (hereinafter referred to as "Licensor"), and New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, with an office at 1025 Lenox Park Blvd NE, 3rd Floor, Atlanta, GA 30319 (hereinafter referred to as "Licensee").

1. Licensor and Licensee entered into a License Agreement ["Agreement"] on the ____ day of _______________, 2022, for the purpose of installing, operating and maintaining a communications facility. All of the foregoing is set forth in the Agreement.

2. The term of the Agreement is for five (5) years, with up to five (5) successive five (5) year options to renew unless terminated earlier pursuant to the Agreement.

3. The Property which is the subject of the Agreement is described in Exhibit A attached hereto, and the Premises is depicted in Exhibit B attached hereto. [signatures on the following page]
Item #9. Page 27
Meeting Date: 2/22/2022 / Packet Page #: 71
01240.0002/615708.12 -25-
IN WITNESS WHEREOF, the parties have executed this Memorandum of License as of the day and year first above written.

LICENSOR: LICENSEE:

City of Glendora, a municipal corporation New Cingular Wireless PCS, LLC, a Delaware limited liability company
____________________________ By: AT&T Mobility Corporation KAREN K. DAVIS Its: Manager
Mayor
By: ___________________________
ATTEST Name: _Misty Snowden___________
Title: __Area Manager____________
__________________________ Email: [email protected]_________ KATHLEEN R. SESSMAN Date: __________________________
City Clerk

APPROVED AS TO FORM
__________________________
WILLIAM W. WYNDER
City Attorney
Item #9. Page 28
Meeting Date: 2/22/2022 / Packet Page #: 72
01240.0002/615708.12 -26-
Exhibit A to Memorandum of License
Legal Description of Property
Licensor’s Property, identified as Assessor’s Parcel Number 8644-027-902, of which the Premises are a part, is described as follows:

All that certain real property situated in the County of Los Angeles, State of California, described as follows:

THAT PORTION OF THE NORTHWEST, QUARTER OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 9 WEST, AND THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 9

WEST, OF THE SUBDIVISION OF THE RANCHO ADDITION TO SAN JOSE AND A PORTION OF THE RANCHO SAN JOSE; AND THAT PORTION OF THE SUBDIVISION OF THE RANCHO ADDITION TO SAN

JOSE AND A PORTION OF THE RANCHO SAN JOSE, IN THE CITY OF GLENDORA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGES 21 ET SEQ., OF

MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY WHICH IS
INDICATED ON SAID MAP AS A PORTION OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 9 WEST; AND A PORTION OF LOTS 8 AND 9 IN FRACTIONAL SECTION 32; AND A PORTION OF FRACTIONAL SECTION 32, AND A PORTION OF LOT 13 OF FRACTIONAL SECTION 31, TOWNSHIP 1 NORTH, RANGE 9 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN SAID CITY, COUNTY
AND STATE, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS A WHOLE AS FOLLOWS:

BEGINNING AT A POINT IN THE SOUTH LINE OF THE NORTH HALF OF SAID FRACTIONAL SECTION 32,
DISTANT THEREON SOUTH 89°27'10" WEST, 1083 FEET FROM THE CENTER OF SAID FRACTIONAL SECTION 32, AND BEING AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO CHARLES H. CURTIS, RECORDED IN BOOK 5095 PAGE 142 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 89°27'10" WEST, ALONG SAID SOUTH LINE 33.00 FEET; THENCE SOUTH 0°08'50" WEST, PARALLEL WITH THE WEST LINE OF THE LAND DESCRIBED IN SAID DEED TO CURTIS, A DISTANCE OF 562.76 FEET TO THE SOUTHERLY LINE OF THE LAND DESIGNATED AS PARCEL NO. 122 IN FINAL DECREE OF CONDEMNATION ENTERED IN LOS ANGELES COUNTY SUPERIOR COURT, CASE NO. 721462, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 2, 1960, AS INSTRUMENT NO. 4005 IN BOOK D738 PAGE 151, OFFICIAL RECORDS OF SAID COUNTY, SAID SOUTHERLY LINE BEING A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1865 FEET, A RADIAL
BEARING TO SAID POINT BEARS SOUTH 17°35'16" EAST;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°49'31" AN ARC DISTANCE OF 254.72 FEET;
THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 80°14'15" WEST, 493.10 FEET TO THE

BEGINNING OF A TANGENT CURVE IN SAID SOUTHERLY LINE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1775.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28°00'40" AND ARC
DISTANCE OF 867.77 FEET TO THE WESTERLY LINE OF LOT 8 OF SAID FRACTIONAL SECTION 32; THENCE SOUTH 0°35'53" WEST, 285.76 FEET TO THE NORTHEAST CORNER OF LOT 13 OF SAID FRACTIONAL SECTION 31;
THENCE SOUTH 0°35'53" WEST, ALONG THE EASTERLY LINE OF SAID LOT 13, 20.00 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 20.00 FEET, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID LOT 13;
THENCE SOUTH 89°39'29" WEST, ALONG SAID PARALLEL LINE 320.72 FEET TO THE EASTERLY LINE OF
Item #9. Page 29
Meeting Date: 2/22/2022 / Packet Page #: 73
01240.0002/615708.12 -27-
THE LAND DESIGNATED AS PARCEL NO. 558 IN SUPERIOR COURT CASE NO. 719581, LOS ANGELES COUNTY, A CERTIFIED COPY OF THE DECREE WAS RECORDED APRIL 13, 1960, AS INSTRUMENT NO. 4970 IN BOOK D813 PAGE 657, OFFICIAL RECORDS OF SAID COUNTY;

THENCE ALONG THE SOUTHEASTERLY LINE OF THE LAST ABOVE MENTIONED PARCEL THROUGH THE
FOLLOWING COURSES; SOUTH 26°17'48" WEST, 52.58 FEET; SOUTH 75°58'26” WEST, 74.80 FEET TO A POINT IN A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2490.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 39°30'16" WEST;THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°45'40" AN ARC
DISTANCE OF 119.99 FEET;
THENCE LEAVING THE SOUTHEASTERLY LINE OF SAID PARCEL NO. 558 SOUTH 54°17'44" EAST, 244.27
FEET;
THENCE SOUTH 35°47'38" EAST, 375.05 FEET;
THENCE SOUTH 9°51'30" WEST, 192.75 FEET;
THENCE SOUTH 20°23'10" EAST, 285.51 FEET;
THENCE NORTH 73°01'39" EAST, 15.00 FEET
THENCE SOUTH 16°58'21" EAST, 170.00 FEET;
THENCE SOUTH 73°01'39" WEST, 45.00 FEET;
THENCE SOUTH 31°09'36" EAST, 183.60 FEET;
THENCE SOUTH 45°28'39" EAST, 303.03 FEET;
THENCE SOUTH 33°01'39" EAST, 176.68 FEET TO THE NORTHERLY LINE OF THAT CERTAIN 120.00 FOOT

WIDE EASEMENT AS CONDEMNED BY THE CITY OF LOS ANGELES, FOR AN ELECTRIC

TRANSMISSION
LINE AND INCIDENTAL PURPOSES, BY FINAL DECREE OF CONDEMNATION ENTERED IN CASE NO. 383541 SUPERIOR COURT, A CERTIFIED COPY THEREOF BEING RECORDED IN BOOK 15954 PAGE 287, OFFICIAL RECORDS;
THENCE ALONG THE NORTHERLY LINE OF SAID EASEMENT NORTH 83°04'34" EAST, 580.00 FEET TO AN
ANGLE POINT THEREIN;
THENCE ALONG THE NORTHERLY LINE OF SAID EASEMENT NORTH 89°42'20" EAST, 365.00 FEET; THENCE NORTH 15°00'00" EAST, 250.00 FEET
THENCE NORTH 83°03'20" EAST, 584.17 FEET;
THENCE NORTH 9°41'51" EAST, 35.00 FEET;
THENCE SOUTH 80°18'09" EAST, 220.00 FEET TO A POINT WHICH WOULD BE INTERSECTED BY THE SOUTH PROLONGATION OF THE EAST LINE OF THE LANDS SO CONVEYED TO CHARLES H. CURTIS, AFORESAID;
THENCE NORTH 0°08'50" EAST, 1399.03 FEET TO THE SOUTHEAST CORNER OF THE LAND SO CONVEYED TO SAID CURTIS;
THENCE SOUTH 89°27'10" WEST, 660.00 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 0°08'50" EAST, 1320.00 FEET TO THE POINT OF BEGINNING.

EXCEPT THEREFROM THAT PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY LINE OF PARCEL 122, DESCRIBED FINAL DECREE OF CONDEMNATION ENTERED IN LOS ANGELES COUNTY SUPERIOR COURT CASE NO. 721462, A CERTIFIED COPY THEREOF BEING RECORDED FEBRUARY 2, 1960 IN BOOK D738 PAGE 151, OFFICIAL RECORDS OF SAID COUNTY.

ALSO EXCEPT THOSE PORTIONS CONVEYED TO CITY OF GLENDORA BY DEEDS RECORDED RESPECTIVELY ON DECEMBER 31, 1969 AS INSTRUMENT NO. 3653 IN BOOK, D4596 PAGE 306 AND JANUARY 12, 1970 AS INSTRUMENT NO. 121 IN BOOK D4603 PAGE 997 OF SAID OFFICIAL RECORDS.

ALSO EXCEPT THAT PORTION DESCRIBED IN PARCEL NO. 2 OF THE FINAL ORDER OF

CONDEMNATION
ENTERED IN SUPERIOR COURT CASE NO. 911124, A CERTIFIED COPY THEREOF BEING RECORDED MAY 29, 1969 AS DOCUMENT NO. 4779 IN BOOK D4386 PAGE 950 OF SAID OFFICIAL RECORDS.

ALSO EXCEPTING FROM THAT PORTION OF SAID LAND WHICH LIES WITHIN THE LINES OF THE WEST
HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 5, ALL OIL, GAS AND OTHER Item #9. Page 30
Meeting Date: 2/22/2022 / Packet Page #: 74
01240.0002/615708.12 -28-

HYDROCARBON SUBSTANCES WHICH MAY EXIST IN OR ON SAID LAND, AS RESERVED IN THE DEED FROM BETTY B. HYDE, WHO ACQUIRED TITLE AS BETTY BOYLE CALLERY, RECORDED IN BOOK 2952
PAGE 390, OFFICIAL RECORDS.

ALSO EXCEPTING FROM THAT PORTION OF SAID LAND WHICH LIES WESTERLY OF THE WESTERLY LINE OF SAID SECTION 32, AN UNDIVIDED 1/16TH ROYALTY OF MINERAL RIGHTS THEREIN, AS RECITED IN THE AGREEMENT RECORDED MARCH 17, 1944 IN BOOK 20746 PAGE 222, OFFICIAL RECORDS, AND ALSO EXCEPT A 1/16TH INTEREST IN AND TO ALL MINERALS OF WHATEVER

NATURE,

KIND OF DESCRIPTION IN, ON, OR UNDER SAID LAND OR ANY PART OF PARCEL THEREOF, AS RESERVED IN THE AGREEMENT TO CONVEY, RECORDED MARCH 22, 1945 IN BOOK 21817 PAGE 74, OFFICIAL RECORDS, AND RE-RECORDED JULY 26, 1949 IN BOOK 30525 PAGE 327, OFFICIAL RECORDS, AND AS RESERVED IN THE DEED FROM FRED S. KOCHEMDPRFER. ET AL., RECORDED AUGUST 3, 1950
IN BOOK 33876 PAGE 72, OFFICIAL RECORDS.

APN: 8644-027-902 & 901
Item #9. Page 31
Meeting Date: 2/22/2022 / Packet Page #: 75
01240.0002/615708.12 Exhibit “B”
Exhibit B to Memorandum of License
Description of Premises
The Premises consist of those specific areas (described or shown in the attachment) where the Antenna Facilities occupy Licensor’s Property.
[Attached hereto is drawing identified as “CLL02554 / Elwood - Zoning Drawings” dated 10/1/2020__ with numbered pages ___1-15_____]
(A final drawing or copy of a property survey or site plan depicting the above shall be included in this Exhibit B in accordance with Section 31(k) of the Agreement.) Item #9. Page 32
Meeting Date: 2/22/2022 / Packet Page #: 76
01240.0002/615708.12 Exhibit “C”
Exhibit C
Bond Requirements
No demolition nor construction shall be commenced nor be deemed to have commenced at the Premises until Licensee has provided Licensor with a surety bond in the amount of the total estimated demolition or construction costs of the improvements to be constructed by Licensee.

The surety bond shall be in a form reasonably acceptable to the Licensor’s Engineer and shall state the following:

1. That it is conditioned to secure the completion of the proposed demolition or construction, free from all liens and claims of contractors, subcontractors, mechanics, laborers, and materialmen.

2. That the installation, removal, demolition or construction work shall be fully and faithfully performed by Licensee, the general contractor, or, on their default, the surety.

3. That in default of such completion and payment, such part of the amount of the bond as shall be required to complete the work shall be paid to Licensor as liquidated and agreed damages for the non-performance of the Licensee’s obligation under this Agreement, it being agreed that the amount of Licensor’s damages is extremely difficult to ascertain and determine.

4. That the surety will defend and indemnify Licensor against all loss, costs, damage, expense, claims, and liabilities arising out of or connected with the demolition and construction.

In lieu of a surety bond, Licensee may provide surety bonds supplied by Licensee’s general contractor or contractors, provided such bonds contain the same conditions, are issued jointly to Licensee and Licensor, and are in an amount equal to the total estimated demolition costs and construction cost of the improvements.

Should Licensee act as owner/builder then all subcontractors shall provide demolition and/or construction surety bonds on the same conditions as above stated for surety bonds to be provided by Licensee’s general contractor.

All surety bonds must be issued by a responsible surety company qualified to do business in the State of California, reasonably acceptable to the Licensor’s Engineer, and shall remain in effect until the Antenna Facilities have been removed in accordance with this Agreement.

Upon completion of the improvements and any approved modification thereto, Licensor shall execute and deliver to Licensee a Certificate of Completion which shall recite that Licensor has inspected and approved all of the improvements and that there exists no default in this Agreement with respect to the improvements as of the date of the Certificate, if such is the fact.

In the event a lien is imposed upon the Premises as a result of such demolition, construction, repair, alteration, or installation, Licensee shall procure and record a surety bond, naming Licensor as obligee, which frees the Premises from the claim of the lien and from any action brought to foreclose the lien.

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01240.0002/615708.12 Exhibit “C”
Licensee agrees to procure and record said bond within thirty (30) days after the filing of any such lien. Failure to do so shall constitute a material default and shall be subject to termination by Licensor after notice and an opportunity to cure pursuant to Section 14 of this Agreement.

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01240.0002/615708.12 Exhibit “D”
Exhibit D
Photo Simulations
[Attach photo simulations of Premises with proposed installation of Antenna Facilities] Item #9. Page 35
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3300 IRVINE AVENUE, SUITE 300,
NEWPORT BEACH, CA 92660
TEL: (949) 387-1265
FAX: (949) 387-1275 1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 T-1 VICINITY MAP LEGAL DESCRIPTION Your world. Delivered LOCAL MAP PROJECT TEAM CODE COMPLIANCE SITE INFORMATION DRAWING INDEX 1452 EDINGER AVE. 3RD FLOOR TUSTIN, CALIFORNIA 92780 Your world. Delivered DRIVING DIRECTIONS 1. 2019 CALIFORNIA BUILDING CODE 2. 2019 CALIFORNIA ELECTRICAL CODE ADOPTED 2008 NEC 3. 2019 CALIFORNIA FIRE CODE 4. 2019 CALIFORNIA MECHANICAL CODE 5. 2019 CALIFORNIA PLUMBING CODE 6. 2019 CALIFORNIA ENERGY CODE 7. COUNTY COASTAL ZONE LAND USE ORDINANCE-TITLE 23 8. COUNTY FIRE CODE ORDINANCE - TITLE 16 9. COUNTY LAND USE ORDINANCE - TITLE 22 10.COUNTY BUILDING AND CONSTRUCTION ORDINANCE - TITLE 19 ALL WORKS AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THE LATEST EDITIONS OF THE FOLLOWING CODES. COMPANY: CASA INDUSTRIES, INC. ADDRESS: 4430 E. MIRALOMA AVE. SUITE D CITY,STATE,ZIP: ANAHEIM, CALIFORNIA 92807 CONTACT: JULIUS SANTIAGO PHONE: (714) 553-8899 EMAIL: [email protected] NAME: CITY OF GLENDORA ADDRESS: 116 E. FOOTHILL BLVD. CITY,STATE,ZIP: GLENDORA, CA 91741 CONTACT: MARK CARNAHAN EMAIL: [email protected] PHONE: (626) 914-8253 LATITUDE: 34° 07' 37.29" (34.127025) LONGITUDE: -117° 51' 03.26" (-117.850908) LAT./LONG. TYPE: NAD 83 GROUND ELEVATION: 774.9' A.M.S.L. ABOVE GROUND LEVEL: 60'-0" A.G.L. APN #: 8644-027-902 AREA OF CONSTRUCTION: 816 SQ. FT. ZONING /JURISDICTION: CITY OF GLENDORA CURRENT ZONING: OSN PROPOSED USE: UNMANNED TELECOMMUNICATIONS FACILITY HANDICAP REQUIREMENTS: FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. HANDICAPPED ACCESS NOT REQUIRED SITE NUMBER: CLL02554 (NSB) SITE NAME: ELWOOD FA NUMBER: 12844582 USID NUMBER: 232715 701 E. ELWOOD AVENUE, GLENDORA, CA 91740 LOS ANGELES COUNTY COMPANY: AT&T ADDRESS: 1452 EDINGER AVE. CITY,STATE,ZIP: TUSTIN, CA. 92780 CONTACT: SANDEEP MANGAT PHONE: - EMAIL: [email protected] COMPANY: SMARTLINK, LLC ADDRESS: 3300 IRVINE AVENUE, SUITE 300 CITY,STATE,ZIP: NEWPORT BEACH, CA 92660 CONTACT: ALEXIS DUNLAP PHONE: (949) 838-7313 EMAIL: [email protected] SITE COMPANY: AT&T ADDRESS: 3073 ADAMS CITY,STATE,ZIP: RIVERSIDE, CA 20504 CONTACT: BOB STURTEVANT PHONE: (714) 473-7268 EMAIL: [email protected] COMPANY: AT&T ADDRESS: 3073 ADAMS CITY,STATE,ZIP: RIVERSIDE, CA 20504 CONTACT: BOB STURTEVANT PHONE: (714) 473-7268 EMAIL: [email protected] COMPANY: BECHTEL COMMUNICATIONS, INC. ADDRESS: 16808 ARMSTRONG AVENUE SUITE 225 CITY,STATE,ZIP: IRVINE, CA 92606 CONTACT: RON VANDERWAL PHONE: (714) 343-0931 EMAIL: [email protected] GENERAL CONTRACTOR NOTES APPROVALS THE FOLLOWING PARTIES HEREBY APPROVE AND ACCEPT THESE DOCUMENTS & AUTHORIZE THE SUBCONTRACTOR TO PROCEED WITH THE CONSTRUCTION DESCRIBED HEREIN. ALL DOCUMENTS ARE SUBJECT TO REVIEW BY THE LOCAL BUILDING DEPARTMENT & MAY IMPOSE CHANGES OR MODIFICATIONS. DISCIPLINE: SIGNATURE: DATE: AT&T RF ENGINEER: AT&T OPERATIONS: SITE ACQUISITION: CONSTRUCTION MANAGER: PROPERTY OWNER: ZONING VENDOR: PROJECT MANAGER: SUBCONTRACTOR SHALL VERIFY ALL PLANS & EXISTING DIMENSIONS & CONDITIONS ON THE JOB SITE & SHALL IMMEDIATELY NOTIFY THE ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR SAME. GENERAL NOTES THE FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. A TECHNICIAN WILL VISIT THE SITE AS REQUIRED FOR ROUTINE MAINTENANCE. THE PROJECT WILL NOT RESULT IN ANY SIGNIFICANT DISTURBANCE OR EFFECT ON DRAINAGE; NO SANITARY SEWER SERVICE, POTABLE WATER, OR TRASH DISPOSAL IS REQUIRED AND NO COMMERCIAL SIGNAGE IS PROPOSED. PROJECT DESCRIPTION OUTDOOR CABINET COMPANY: SMARTLINK, LLC ADDRESS: 3300 IRVINE AVENUE, SUITE 300 CITY,STATE,ZIP: NEWPORT BEACH, CA 92660 CONTACT: ALEXIS DUNLAP PHONE: (949) 838-7313 EMAIL: [email protected] COMPANY: SMARTLINK, LLC ADDRESS: 3300 IRVINE AVENUE, SUITE 300 CITY,STATE,ZIP: NEWPORT BEACH, CA 92660 CONTACT: ALEXIS DUNLAP PHONE: (949) 838-7313 EMAIL: [email protected] SITE ····· . ········ Item #9. Page 36 Meeting Date: 2/22/2022 / Packet Page #: 80
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3300 IRVINE AVENUE, SUITE 300, NEWPORT BEACH, CA 92660 TEL: (949) 387-1265 FAX: (949) 387-1275 1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 A-1 OVERALL SITE PLAN 25' 50' 100' 1 1"=50'-0" SCALE: SECTOR 'A' 55° SECTOR 'B' 270° SECTOR 'C' 350° ELWOOD AVE BIG DALTON WASH CHANNEL Item #9. Page 39
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3300 IRVINE AVENUE, SUITE 300, NEWPORT BEACH, CA 92660 TEL: (949) 387-1265 FAX: (949) 387-1275 1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 A-2 ENLARGED SITE PLAN 1/16"=1'-0" 1 SCALE: SECTOR 'C' 350° SECTOR 'A' 55° SECTOR 'B' 270° ELWOOD AVE ELWOOD AVE BIG DALTON WASH CHANNEL Item #9. Page 40
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3300 IRVINE AVENUE, SUITE 300, NEWPORT BEACH, CA 92660 TEL: (949) 387-1265 FAX: (949) 387-1275 1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 A-3 ANTENNA AND RRU SCHEDULE 3 ANTENNA PLAN 2 LEASE AREA PLAN 1 3/8"=1'-0" SCALE: 3/8"=1'-0" SCALE: Item #9. Page 41 Meeting Date: 2/22/2022 / Packet Page #: 85
3300 IRVINE AVENUE, SUITE 300, NEWPORT BEACH, CA 92660 TEL: (949) 387-1265 FAX: (949) 387-1275 1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 A-4 NORTHEAST ELEVATION 2 SOUTHWEST ELEVATION 1 1/4"=1'-0" SCALE: 1/4"=1'-0" SCALE: ·· ·· Item #9. Page 42 Meeting Date: 2/22/2022 / Packet Page #: 86
3300 IRVINE AVENUE, SUITE 300, NEWPORT BEACH, CA 92660 TEL: (949) 387-1265 FAX: (949) 387-1275 1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 A-5 NORTHWEST ELEVATION 1 1/4"=1'-0" SCALE: ·· ·· Item #9. Page 43 Meeting Date: 2/22/2022 / Packet Page #: 87
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C. Site Location Map
701 S. Elwood Ave. APN: 8644-027-902
South Hills Park
Proposed
Site
Proposed
Site
Item #9. Page 63
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©2019 Google Maps
701 S Elwood Avenue Glendora CA 91740
CLL02554
Elwood
Accuracy of photo simulation based upon information provided by project applicant.

Location
Existing Proposed Looking southwest from Elwood Avenue
View 1
proposed faux water tank
proposed live trees
proposed live trees
proposed equipment enclosure and landscaping
Item #9. Page 64
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©2019 Google Maps
701 S Elwood Avenue Glendora CA 91740
CLL02554
Elwood
Accuracy of photo simulation based upon information provided by project applicant.

Location
Existing Proposed Looking west from Elwood Avenue
View 2
proposed faux water tank
proposed live trees
proposed equipment enclosure and landscaping
Item #9. Page 65
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©2019 Google Maps
701 S Elwood Avenue Glendora CA 91740
CLL02554
Elwood
Accuracy of photo simulation based upon information provided by project applicant.

Location
Existing Proposed Looking southeast from adjacent parking lot View 3
proposed faux water tank
proposed live trees
proposed live tree
proposed equipment enclosure and landscaping
Item #9. Page 66
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rvp7/3/97

CITY OF GLENDORA
116 East Foothill Boulevard, Glendora, California 91741 California Environmental Quality Act

NOTICE OF EXEMPTION
Project Title: PLN19-0042 – Conditional Use Permit request for a new wireless facility.

Project Location: The proposed wireless telecommunications facility would be placed within a City-owned land parcel that is part of Glendora’s South Hills Park. The facility’s specific placement would be located at the northeastern portion of the park (west of Elwood Avenue, south of the flood control channel, north of the “South Hills” and north of the Big Dalton Wash Trail). Further the facility placement has it behind a secured fenced off area not open to the public for general park use being that it is located between the flood control channel and at the base of the South Hills slope, and generally used for a variety of maintenance type uses. Due to the large size of the South Hills Park and its multiple street access points (main entrance 701 E.

Mauna Loa Ave.), the actual site location within the park for the proposed facility was assigned an address (701 S. Elwood Avenue) based on its access and proximity to Elwood Avenue.

Project Sponsor: Smart Link LLC (for AT&T)
Mailing Address: 8219 Calle Nueva, San Diego, CA 92126
General Plan Land Use Designation: Conservation Open Space Zoning Designation: Open Space Natural (OSN)
Project Description: The project is for a conditional use permit to allow the construction and use of an unmanned telecommunications facility on City owned land. The applicant is proposing to construct an unmanned wireless facility that would include:
• Antenna Tower - A 60-foot-tall ground-mounted tower is proposed and designed to be concealed as a faux water tower that includes an upper tank (with faux wood textured material) and lower metal steal support framing. The upper tank portion would be cylindrical in shape, 22 feet tall, and 24 feet in diameter. Wireless telecommunications equipment will be located inside the tower’s portion of the “tank” and will include: nine (9) panel antennas, arranged in three (3) sectors of four (3) antennas each, surge suppressor’s and remote radio units (RRUs). Additional space area inside that lower portion of the “tank” has been designed to accommodate co-location antennas for different wireless telecommunication carrier (note that any such co-location installation requests are not a part of this proposal and would be a separate future review). • Equipment Enclosure - All the facility’s ground equipment will be partially screened within an enclosure that will be built to enclose the base of the tower and which will serve as the land area for the future City license agreement. The enclosure will be 34 foot by 24 foot in area (816 square feet) and incorporate a 6-foot stone wall along the south side and 6 foot high wrought iron fence with steel mesh along the north, east and Item #9. Page 67
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rvp7/3/97
west sides. Within the enclosure will be various equipment cabinets (for AC, telecom, ATC, fiber, power), one (1) GPS antenna (mounted to a cabinet), necessary power/telco connection and one (1) 30kw generic diesel generator with a 190-gallon fuel tank (for emergency backup use in operation only during power outages or for testing and maintenance purposes). All utilities from the equipment enclosure to the facility will be concealed with the tower design and or placed underground. Other utility run connections from facility to the public street will also be placed underground. • Landscape - To help partially screen the lower portions of the facility, landscaping will be planted immediately surrounding the site. The new plantings will include approximately 5 trees and approximately 31 shrubs all of which have selected as they are California natives that will complement existing mature vegetation within the surrounding area.
• Entry Adjustments - To accommodate access for the proposal (construction and regular maintenance of facility) minor adjustments to existing infrastructure will be needed and which include: Removal and replacement of existing chain-link fence/gates, low stone wall, and the Big Dalton Wash walking trail marker, all of which are located near the project site access entry (approximately 60 feet from Elwood street frontage). The replacements will be installed approximately 30 feet west (further back into site) and construction details/plans for such shall be reviewed and approved by City and Los Angeles County Flood Control prior to installation. Finally, a 12-foot-wide vehicle access area with decomposed granite surface adjacent to the existing asphalt entry at Elwood Avenue will also be added.

Surrounding Land Uses and Setting: The property and immediate areas around the facility’s location are mostly open space (park or flood control) with some rural estate residential homes located a distance away.

The Community Development Director recommends the following exempt status / findings:

Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071(a))
Emergency Project (Sec. 15071(b) and (c))
Categorical Exemption
Type: New Construction or Conversion of Small Structures Sections: 15303 [New Construction or Conversion of Small Structures] Statutory Exemption. Code Number:

Reasons why project is exempt: The proposed telecommunication project is exempt from environmental review pursuant to Section 15303 [New Construction or Conversion of Small Structures]. Section 15303 exempts the construction and location of a limited number of new small facilities or structures.

The project consists of the construction and use of a new un-manned telecommunications facility that will be constructed to appear as a faux water tower, with grading on slopes of less than 10 percent and minimal trenching/ground disturbance where the surface is restored. The project Item #9. Page 68
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rvp7/3/97
does not require the removal of any healthy, mature trees that are protected or scenic. As a result, the project is exempt from CEQA.

There is no substantial evidence that proposed project involves unusual circumstances, including future activities, resulting in or which might reasonably result in significant impacts which threaten the environment.

Date:

Jeff Kugel, Director, Community Development Department
The above recommended exempt status and findings were adopted by the following body:

The Glendora Planning Commission on
Date:

Mark Carnahan, City Planner (626) 914-8253
Item #9. Page 69
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: FEBRUARY 22, 2022
FROM: ADMINISTRATIVE SERVICES DISTRICT(S): CITYWIDE
SUBJECT: CITY OF GLENDORA AND GLENDORA SUCCESSOR AGENCY INVESTMENT REPORT FOR JANUARY 2022

RECOMMENDATION
That the City/Agency Council:

1. Receive and file the Monthly Investment Activity Report for January 2022.

EXECUTIVE SUMMARY
The City’s book value of cash and investments for January 2022 totaled $115,697,676. This is an increase of $6,017,330 (+5.5%) compared to the previous month. The increase is due to the receipt of a property tax remittance from Los Angeles County in the amount of $4,197,650.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Pursuant to Section 19 of the City’s 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, the attached 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, discount or 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 January, one Federal Agency Coupon Security and one Supranational Security were called. One NCUSIF Insured CD matured. None of which resulted in a gain or a loss. No other securities were called or matured. Investment purchases for the month of January included one Federal Agency Coupon Security in the amount of $2,000,000.

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

ENVIRONMENTAL DETERMINATION
Not applicable
Prepared By Alycia Suniga, Senior Accounting Technician Concurs With Not Applicable, Not Applicable
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 #10. Page 1
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Staff Report Page 2 of 2
CEQA Review Not Applicable
ATTACHMENTS:

A. January 2022 Investment Report
Item #10. Page 2
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Item #10. Page 3
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Description Par Value Market Value Book Value
Unrealized
Gain/(Loss)
Average
Yield*
Available Cash $ 2,445,700.95 $ 2,445,700.95 $ 2,445,700.95 $ - 0.190% Managed Pool Accounts 20,249,167.54 20,249,167.54 20,249,167.54 - 0.234% Corporate Bonds 29,734,000.00 29,543,245.04 30,836,302.27 (1,293,057.23) 1.870% NCUSIF Insured (CD's) 2,903,000.00 2,932,941.24 2,936,055.59 (3,114.35) 1.971% FDIC Insured (CD's) 17,232,000.00 17,236,461.05 17,232,000.00 4,461.05 1.632% Federal Agency Securities 40,000,000.00 39,013,440.00 39,998,450.00 (985,010.00) 0.661% Supranational Securities 2,000,000.00 1,960,360.00 2,000,000.00 (39,640.00) 0.500% Totals $ 114,563,868.49 $ 113,381,315.82 $ 115,697,676.35 $ (2,316,360.53) 1.074% - - -
*Before unrealized gains or losses
1,016,940.00

CITY OF GLENDORA INVESTMENT REPORT

SUMMARY OF CASH AND INVESTMENTS
January 31, 2022
Available
Cash,
$2,445,701,
2% Managed Pool
Accounts,
$20,249,168,
17%
Corporate
Bonds,
$30,836,302,
27%
FDIC Insured
(CD's),
$17,232,000,
15%
NCUSIF
Insured (CD's),
$2,936,056,
2%
Federal
Agency
Securities,
$39,998,450,
35%
Supranational
Securities
$2,000,000,
2%
Investments Type
-1%
4%
9%
14%
19%
24%
29%
34%
< 12 MOS. 13-24 MOS. 25-36 MOS. 37-48 MOS. 49-60 MOS.
24%
5%
14%
37%
20%
30%
5%
15%
25% 25%

PERCENTAGE TO TOTAL

DURATION OF MATURITY
Maturity Distribution
Target Comparison
January 31, 2022
Target
Item #10. Page 4
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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 2,445,700.95 0.190% 2,445,700.95 2,445,700.95 0.190% Total Available Cash $ 2,445,700.95 $ 2,445,700.95 $ 2,445,700.95 0.190% Percentage of Portfolio 2.16% 2.11%

MANAGED POOL ACCOUNTS
LAIF - City 20,249,167.54 0.234% 20,249,167.54 20,249,167.54 0.234% Total Managed Pool Accounts $ 20,249,167.54 $ 20,249,167.54 $ 20,249,167.54 0.234% Percentage of Portfolio 17.86% 17.50%
International Fin Co 2,000,000.00 0.500% 1,960,360.00 05/15/26 2,000,000.00 100.00 1,565 0.500% Total - Supranational Securities $ 2,000,000.00 $ 1,960,360.00 $ 2,000,000.00 1,565 0.500% Percentage of Portfolio 1.73% 1.73%

CORPORATE BONDS
Amazon.Com Inc 1,000,000.00 0.800% 971,200.00 06/03/25 1,004,820.00 100.48 1,219 0.800% Caterpillar Finl Svcs Corp 2,026,000.00 1.450% 2,005,658.96 05/15/25 2,096,403.50 103.48 1,200 1.450% Charles Schwab Corp 2,000,000.00 0.900% 1,922,100.00 03/11/26 1,989,860.00 99.49 1,500 0.900% Comcast Corp Sr Nt 1,000,000.00 3.375% 1,047,350.00 08/15/25 1,119,070.00 111.91 1,292 3.375% Deere John Cap Corp Mtns 1,124,000.00 2.050% 1,135,993.08 01/09/25 1,192,968.64 106.14 1,074 2.050% Deere John Cap Corp Mtns 2,000,000.00 0.700% 1,918,600.00 01/15/26 2,003,900.00 100.20 1,445 0.700% Du Pont Ei Nemours 2,141,000.00 1.700% 2,128,646.43 07/15/25 2,206,750.11 103.07 1,261 1.700% Honeywell Intl Inc 1,122,000.00 2.300% 1,140,075.42 08/15/24 1,181,005.98 105.26 927 2.300% IBM Corp 1,664,000.00 3.000% 1,713,570.56 05/15/24 1,802,727.68 108.34 835 3.000% Intel Corp 1,054,000.00 3.400% 1,101,398.38 03/25/25 1,187,605.04 112.68 1,149 3.400% JP Morgan Chase & Co 1,017,000.00 3.125% 1,052,930.61 01/23/25 1,109,852.10 109.13 1,088 3.125% JP Morgan Chase & Co 1,200,000.00 0.800% 1,144,980.00 02/26/26 1,200,000.00 100.00 1,487 0.800% Mastercard Inc 2,000,000.00 2.000% 2,019,620.00 03/03/25 2,082,640.00 104.13 1,127 2.000% Microsoft Corp 1,000,000.00 2.700% 1,027,590.00 02/12/25 1,094,370.00 109.44 1,108 2.700% Morgan Stanley Fin LLC 2,000,000.00 1.050% 1,904,440.00 08/27/26 2,000,000.00 100.00 1,669 1.050% Target Corp 2,000,000.00 2.250% 2,024,740.00 04/15/25 2,132,300.00 106.62 1,170 2.250% Toyota Motor Mtn 2,000,000.00 0.625% 1,946,340.00 09/13/24 1,988,920.00 99.45 956 0.625% Truist Bank 1,386,000.00 2.150% 1,400,691.60 12/06/24 1,438,349.22 103.78 1,040 2.150% UnitedHealth Group 2,000,000.00 1.150% 1,937,320.00 05/15/26 2,004,760.00 100.24 1,565 1.150% Total - Corporate Bonds $ 29,734,000.00 $ 29,543,245.04 $ 30,836,302.27 1,216 1.870% Percentage of Portfolio 26.06% 26.65%
NCUSIF INSURED CERTIFICATE OF DEPOSITS (CD's)
Citadel Fed Cr Un Exton PA 245,000.00 1.650% 248,018.40 02/27/25 245,000.00 100.00 1,123 1.650% Connexus Credit Union 245,000.00 0.300% 240,641.45 05/28/24 245,000.00 100.00 848 0.300% First Technology Federal CRE 245,000.00 2.400% 249,223.80 12/15/22 245,000.00 100.00 318 2.400% Greenstate Cr Un North 245,000.00 0.950% 239,489.95 04/16/26 245,000.00 100.00 1,536 0.950% Knoxville TVA 245,000.00 2.400% 249,361.00 12/29/22 245,000.00 100.00 332 2.400% Money One Fed Cred Union 248,000.00 2.000% 253,500.64 09/23/24 262,255.04 105.75 966 2.000% Mountain Amer FED CR UN WEST 245,000.00 2.400% 249,071.90 11/30/22 245,000.00 100.00 303 2.400%

CITY OF GLENDORA INVESTMENT REPORT

SCHEDULE OF CASH AND INVESTMENTS
January 31, 2022

SUPRANATIONAL SECURITIES
Item #10. Page 5
Meeting Date: 2/22/2022 / Packet Page #: 118
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
January 31, 2022
Neighbors FCU Baton Rouge LA 245,000.00 3.300% 254,932.30 09/28/23 245,000.00 100.00 605 3.300% San Francisco Fed Cr Un Cali 245,000.00 1.100% 243,794.60 03/27/25 245,000.00 100.00 1,151 1.100% University of Iowa Community Credit Union 245,000.00 3.000% 252,229.95 04/28/23 245,000.00 100.00 452 3.000% USAlliance Fed Cr Union 245,000.00 0.500% 237,378.05 09/29/25 245,000.00 100.00 1,337 0.500% Vystar Credit Union 205,000.00 3.650% 215,299.20 12/11/23 223,800.55 109.17 679 3.650% Total - NCUSIF Insured CD's $ 2,903,000.00 $ 2,932,941.24 $ 2,936,055.59 804 1.971% Percentage of Portfolio 2.59% 2.54%
FDIC INSURED CERTIFICATE OF DEPOSITS (CD's)
Ann Arbor ST 245,000.00 2.750% 251,387.15 04/20/23 245,000.00 100.00 444 2.750% Allegiance Bank TX Houston 245,000.00 2.150% 248,015.95 09/29/22 245,000.00 100.00 241 2.150% American Commerce Bank 245,000.00 0.400% 236,562.20 09/22/25 245,000.00 100.00 1,330 0.400% American Express Centrn 245,000.00 2.350% 247,729.30 08/08/22 245,000.00 100.00 189 2.350% Bank Hapoalim 245,000.00 0.500% 236,520.55 12/15/25 245,000.00 100.00 1,414 0.500% Bank of New England Salem New Hampshire 245,000.00 2.850% 254,109.10 02/15/24 245,000.00 100.00 745 2.850% Bank3 Memphis Tenn 245,000.00 0.400% 236,831.70 08/28/25 245,000.00 100.00 1,305 0.400% BankUnited Natl Assn 245,000.00 0.950% 239,659.00 03/31/26 245,000.00 100.00 1,520 0.950% Barclays Bank 245,000.00 2.250% 247,457.35 07/26/22 245,000.00 100.00 176 2.250% Bay State Savings Bank 245,000.00 1.700% 248,483.90 11/29/23 245,000.00 100.00 667 1.700% Bell St Bk & Tr Fargo N D 245,000.00 1.650% 247,648.45 02/27/25 245,000.00 100.00 1,123 1.650% BMO Harris Bk 245,000.00 0.800% 238,331.10 03/18/26 245,000.00 100.00 1,507 0.800% BMW Bank of North America 245,000.00 2.150% 245,237.65 02/17/22 245,000.00 100.00 17 2.150% Capital One Bk USA 245,000.00 1.150% 239,313.55 11/24/26 245,000.00 100.00 1,758 1.150% Capital One NA 245,000.00 1.150% 239,313.55 11/24/26 245,000.00 100.00 1,758 1.150% Celtic Bank Salt Lake City Utah 245,000.00 3.030% 252,462.70 05/18/23 245,000.00 100.00 472 3.030% Centerstate Bk Fla Na Winter 245,000.00 1.000% 242,824.40 04/30/25 245,000.00 100.00 1,185 1.000% Chambers Bank 108,000.00 0.400% 104,296.68 09/22/25 108,000.00 100.00 1,330 0.400% Citizens St Bk Clayton WIS 219,000.00 1.700% 222,149.22 10/31/24 219,000.00 100.00 1,004 1.700% City Bank National Association 245,000.00 2.850% 251,416.55 03/29/23 245,000.00 100.00 422 2.850% City National Bank 245,000.00 2.100% 246,597.40 05/31/22 245,000.00 100.00 120 2.100% Commercial Bank Harrogate Tennessee 245,000.00 3.100% 252,864.50 05/25/23 245,000.00 100.00 479 3.100% Community Bk Lexington Tenn 245,000.00 0.400% 236,866.00 08/26/25 245,000.00 100.00 1,303 0.400% Communitywide DCU South Bend 245,000.00 2.250% 251,744.85 06/28/24 245,000.00 100.00 879 2.250% Discover Bank 245,000.00 2.250% 245,220.50 02/15/22 245,000.00 100.00 15 2.250% Dollar BK Federal Savings 245,000.00 2.050% 245,477.75 03/08/22 245,000.00 100.00 36 2.050% Encore Bk Little Rock Ark 245,000.00 0.800% 241,141.25 05/15/25 245,000.00 100.00 1,200 0.800% Enerbank USA 245,000.00 0.650% 240,484.65 06/19/25 245,000.00 100.00 1,235 0.650% Item #10. Page 6
Meeting Date: 2/22/2022 / Packet Page #: 119
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
January 31, 2022
Enterprise Bank NA NB 245,000.00 2.150% 248,569.65 11/28/22 245,000.00 100.00 301 2.150% Fall Riv Five Cents Savings 245,000.00 2.600% 245,781.55 03/16/22 245,000.00 100.00 44 2.600% First Bank Highland 245,000.00 2.100% 246,857.10 06/21/22 245,000.00 100.00 141 2.100% First Carolina Bank 245,000.00 0.600% 240,420.95 06/26/25 245,000.00 100.00 1,242 0.600% First National Bank McGregor Texas 245,000.00 2.850% 254,165.45 02/21/24 245,000.00 100.00 751 2.850% First National Bank Syracuse KS 245,000.00 1.850% 249,485.95 08/30/24 245,000.00 100.00 942 1.850% First St BK Dequeen ARK 245,000.00 1.800% 249,174.80 08/30/24 245,000.00 100.00 942 1.800% Flagstar Bk Fsb Troy Mich 245,000.00 1.050% 243,213.95 04/30/25 245,000.00 100.00 1,185 1.050% Gold Coast BK 245,000.00 2.600% 250,453.70 02/28/23 245,000.00 100.00 393 2.600% Goldman Sachs BK USA 245,000.00 2.950% 251,935.95 04/18/23 245,000.00 100.00 442 2.950% Home Ln Invt Bk F S B Warwick 245,000.00 0.400% 236,831.70 08/29/25 245,000.00 100.00 1,306 0.400% Home Savings Bank Salt Lake City 245,000.00 2.850% 254,062.55 02/12/24 245,000.00 100.00 742 2.850% Horizon Bk Waverly Neb 245,000.00 1.300% 245,225.40 04/15/25 245,000.00 100.00 1,170 1.300% Industrial & Coml Bank 245,000.00 2.150% 246,002.05 04/12/22 245,000.00 100.00 71 2.150% JP Morgan Chase BK Na 245,000.00 0.700% 239,120.00 09/30/25 245,000.00 100.00 1,338 0.700% Live Oak Bkg Co Wilmington 245,000.00 0.800% 236,611.20 08/13/26 245,000.00 100.00 1,655 0.800% Mchenry Svgs Bk 245,000.00 1.750% 248,846.50 11/29/24 245,000.00 100.00 1,033 1.750% Mechanics Coop BK Taunton 245,000.00 2.550% 250,071.50 02/06/23 245,000.00 100.00 371 2.550% Mercantile Bank MI Grand Rapid 245,000.00 2.100% 246,683.15 06/07/22 245,000.00 100.00 127 2.100% Medallion Bk 245,000.00 0.550% 238,419.30 07/30/25 245,000.00 100.00 1,276 0.550% Merrick Bk South Jordan Utah 245,000.00 1.650% 248,300.15 10/31/23 245,000.00 100.00 638 1.650% Morgan Stanley BK N A UTAH 245,000.00 2.650% 250,044.55 01/11/23 245,000.00 100.00 345 2.650% Morgan Stanley PVT BK 245,000.00 2.000% 250,394.90 08/22/24 245,000.00 100.00 934 2.000% Morton Community Bank 245,000.00 0.600% 240,489.55 06/19/25 245,000.00 100.00 1,235 0.600% New York Cmnty Bk Westbury 245,000.00 0.700% 236,101.60 07/01/26 245,000.00 100.00 1,612 0.700% Pacific Crest Svgs Bk Lynnwo 245,000.00 1.200% 244,377.70 04/30/25 245,000.00 100.00 1,185 1.200% Pacific Westn Bk Ca 245,000.00 1.350% 245,602.70 04/16/25 245,000.00 100.00 1,171 1.350% Peoples United Bank 245,000.00 2.050% 245,105.35 02/08/22 245,000.00 100.00 8 2.050% Prime Alliance Bank 245,000.00 3.200% 253,616.65 06/29/23 245,000.00 100.00 514 3.200% Raymond James Bk Natl Assn 245,000.00 1.800% 249,169.90 11/08/24 245,000.00 100.00 1,012 1.800% Sallie Mae Bank 245,000.00 2.350% 245,659.05 03/22/22 245,000.00 100.00 50 2.350% Savoy Bank New York NY 245,000.00 0.800% 241,155.95 05/13/25 245,000.00 100.00 1,198 0.800% Somerset Tr Co PA 245,000.00 1.000% 243,086.55 03/19/25 245,000.00 100.00 1,143 1.000% Spring Bank Bronx NY 245,000.00 2.750% 251,460.65 04/27/23 245,000.00 100.00 451 2.750% State Bk India New York NY 245,000.00 0.900% 239,242.50 03/25/26 245,000.00 100.00 1,514 0.900% Stockman Bank 245,000.00 0.600% 242,772.95 06/10/25 245,000.00 100.00 1,226 0.600% Synchrony Bank 245,000.00 2.300% 245,360.15 02/24/22 245,000.00 100.00 24 2.300% Texas Exchange Bank 245,000.00 0.600% 236,407.85 10/23/25 245,000.00 100.00 1,361 0.600% Third Fed Svgs & Ln Assn 245,000.00 1.950% 250,184.20 11/25/24 245,000.00 100.00 1,029 1.950% Toyota Finl Svgs Bk Hend Nv 245,000.00 0.900% 238,948.50 04/22/26 245,000.00 100.00 1,542 0.900% UBS Bank USA Salt Lake City 245,000.00 0.850% 237,816.60 06/16/26 245,000.00 100.00 1,597 0.850% Webbank Salt Lake 245,000.00 0.350% 240,945.25 05/28/24 245,000.00 100.00 848 0.350% Wells Fargo Natl Bk West Las 245,000.00 1.850% 248,138.45 12/30/22 245,000.00 100.00 333 1.850% Total - FDIC Insured CD's $ 17,232,000.00 $ 17,236,461.05 $ 17,232,000.00 850 1.632% Item #10. Page 7
Meeting Date: 2/22/2022 / Packet Page #: 120
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
January 31, 2022

FEDERAL AGENCY COUPON SECURITIES
Federal Home Loan Bank 1,000,000.00 0.530% 968,000.00 07/23/25 998,500.00 99.85 1,269 0.530% Federal Home Loan Bank 2,000,000.00 0.500% 1,971,640.00 03/30/26 2,000,000.00 100.00 1,519 0.500% Federal Home Loan Bank* 2,000,000.00 0.500% 1,968,440.00 06/30/26 2,000,000.00 100.00 1,611 0.500% Federal Home Loan Bank* 2,000,000.00 0.749% 1,956,460.00 06/30/26 2,000,000.00 100.00 1,611 0.749% Federal Home Loan Bank 2,000,000.00 0.500% 1,956,880.00 08/26/26 2,000,000.00 100.00 1,668 0.500% Federal Home Loan Bank 2,000,000.00 0.625% 1,940,340.00 06/30/25 2,000,000.00 100.00 1,246 0.625% Federal Home Loan Bank 2,000,000.00 0.730% 1,960,720.00 05/28/25 2,000,000.00 100.00 1,213 0.730% *Step-up investment
Total - Federal Home Loan Bank $ 13,000,000.00 $ 12,722,480.00 $ 12,998,500.00 1,448 0.59% Percentage of Portfolio 11.22% 11.23%
Federal Farm Credit Bank 2,000,000.00 0.710% 1,954,660.00 04/21/25 2,000,000.00 100.00 1,176 0.710% Federal Farm Credit Bank 2,000,000.00 0.680% 1,944,100.00 05/19/25 2,000,000.00 100.00 1,204 0.680% Federal Farm Credit Bank 2,000,000.00 0.600% 1,939,940.00 06/16/25 2,000,000.00 100.00 1,232 0.600% Federal Farm Credit Bank 2,000,000.00 1.840% 1,996,700.00 01/26/27 2,000,000.00 100.00 1,821 1.840% Federal Farm Credit Bank 2,000,000.00 0.610% 1,940,840.00 05/23/25 2,000,000.00 100.00 1,208 0.610% Federal Farm Credit Bank 2,000,000.00 0.970% 1,970,840.00 12/09/24 2,000,000.00 100.00 1,043 0.970% Federal Farm Credit Bank 2,000,000.00 0.210% 1,963,280.00 12/21/23 2,000,000.00 100.00 689 0.210% Federal Farm Credit Bank 2,000,000.00 0.440% 1,961,680.00 09/23/24 2,000,000.00 100.00 966 0.440% Federal Farm Credit Bank 2,000,000.00 0.940% 1,934,520.00 09/28/26 2,000,000.00 100.00 1,701 0.940% Federal Farm Credit Bank 2,000,000.00 0.660% 1,936,220.00 09/15/25 2,000,000.00 100.00 1,323 0.660% Federal Farm Credit Bank 2,000,000.00 0.600% 1,927,980.00 11/24/25 2,000,000.00 100.00 1,393 0.600% Total - Federal Farm Credit Bank $ 22,000,000.00 $ 21,470,760.00 $ 22,000,000.00 1,251 0.75% Percentage of Portfolio 18.94% 19.02%
Federal National Mortgage Assn 1,000,000.00 0.500% 965,300.00 08/14/25 999,950.00 100.00 1,291 0.500% Federal National Mortgage Assn 2,000,000.00 0.540% 1,930,580.00 10/27/25 2,000,000.00 100.00 1,365 0.540% Federal National Mortgage Assn 2,000,000.00 0.560% 1,924,320.00 11/17/25 2,000,000.00 100.00 1,386 0.560% Total - Federal National Mortgage Assn $ 5,000,000.00 $ 4,820,200.00 $ 4,999,950.00 100.00 1,347 0.53% Percentage of Portfolio 4.25% 4.32%
Total - Federal Agency Coupon Sec. $ 40,000,000.00 $ 39,013,440.00 $ 39,998,450.00 100.00 1,012 0.661% Percentage of Portfolio 34.41% 34.57%

TOTAL CITY CASH & INVESTMENTS $ 114,563,868.49 $ 113,381,315.82 $ 115,697,676.35 100.99 1212 1.074% Percentage of City Cash & Investments 100.00% 100.00%
*Step-up investment
Item #10. Page 8
Meeting Date: 2/22/2022 / Packet Page #: 121

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: FEBRUARY 22, 2022
FROM: COMMUNITY SERVICES DISTRICT(S): CITYWIDE
SUBJECT: CONSIDER ENTERING INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH UNION STATION HOMELESS SERVICES.

RECOMMENDATION
That the City Council:

1. Authorize the City Manager to negotiate and execute the Agreement for Professional Services with Union Station Homeless Services

EXECUTIVE SUMMARY
The City of Glendora is requesting to enter into an agreement with Union Station Homeless Services. This will provide the ongoing outreach that is necessary for our homeless population. Initially, Union Station was being funded through the 3-cities and the 5 cities grants with Measure H funds. However, both grants have ended on December 31, 2021. At this time, it is unsure what SGV-COG will do regarding the gap in services. If approved, the City of Glendora will have a full-time homeless navigator to provide the city with necessary resources.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
No Legislative History or previous actions to this item.

DISCUSSION
The City of Glendora has diligently collaborated with Union Station Homeless Services since the start of the 3-cities and 5-cities grant. However, both grants ended on December 31, 2021. During that time, the City of Glendora and Union Station Homeless Services worked together to establish a relationship with those homeless individuals that are mostly impacted in our community. The homeless navigator also has had a working relationship with the Glendora Police Department. They have provided outreach one time a week. The homeless navigator along with staff conduct direct street-level outreach to try and connect the homeless to services, distribute hygiene kits with hand sanitizer, clean socks, meals, and even transportation when necessary. The City of Glendora, Glendora PD and Union Station Homeless Services also collaborate with Los Angeles County Department of Mental Health for additional support and guidance. This is the reason for using Union Station as a sole source provider. At this time, we have a great working relationship that can potentially be lost if this agreement is not approved.

FISCAL IMPACT
This contract would not exceed $100,000 for one year. The funds would come out of the AARPA funds allocated for homelessness.

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

Item #11. Page 1
Meeting Date: 2/22/2022 / Packet Page #: 122
Staff Report Page 2 of 2
Prepared By Stephene Lozano, Management Analyst
Concurs With Not Applicable
Reviewed By John Aguirre, Community Services 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
CEQA Review Not Applicable
ATTACHMENTS:

A. Contract
B. Exhibit A Scope of Services
Item #11. Page 2
Meeting Date: 2/22/2022 / Packet Page #: 123

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and

UNION STATION HOMELESS SERVICES
Item #11. Page 3
Meeting Date: 2/22/2022 / Packet Page #: 124
01240.0001/535308.1 B-1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND

UNION STATION HOMELESS SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 1st day of January 2022 by and between the CITY OF GLENDORA, a general law city & municipal corporation (“City”) and UNION STATION HOMELESS SERVICES (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. In response to the growing crisis of homelessness in the City of Glendora, the City Council launched the Homeless Initiative (“HI”) in 2015 to prevent and address homelessness in its communities. The City has sought, by issuance of a Sole Source for Union Station Homeless Services, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Pursuant to Glendora Municipal Code § 2.40.050(8) the City has sought a “sole source” proposal from Union Station Homeless Services, for the performance of the serviced defined and described particularly in Article 1 of this Agreement.

C. The City requires professional services for homeless outreach, case management, and interim housing services for individuals and families who are homeless or would be homeless.

Consultant, following submission of a proposal, has agreed to the performance of the services defined and described particularly in Article 1 of this Agreement.

D. Pursuant to the City of Glendora’s Municipal Code, City has authority to enter into and execute this Agreement.

E. 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 Item #11. Page 4
Meeting Date: 2/22/2022 / Packet Page #: 125
01240.0001/535308.1 B-2
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 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.

Item #11. Page 5
Meeting Date: 2/22/2022 / Packet Page #: 126
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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 Workday. 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:
“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 Item #11. Page 6
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comply with such provisions before commencing the performance of the work of this contract.”
Consultant’s Authorized Initials ___________________
Anne Miskey
Chief Executive Officer
(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.

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 Item #11. Page 7
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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.

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 $100,000.00 (ONE HUNDRED THOUSAND DOLLARS AND ZERO CENTS) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

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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 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
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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.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 1 year 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 one-year term by giving advance written notice of the same to Consultant note later that sixty (60) calendar days in advance of the expiration of the term.

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:

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.

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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.

The Contract Officer shall be Debbie Lopez: Human Services Superintendent 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.

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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.
(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).

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(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 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 Item #11. Page 13
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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. (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 Item #11. Page 14
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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.

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.

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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.

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.

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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 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
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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 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 Item #11. Page 18
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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.

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 compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate Item #11. Page 19
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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, 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 Item #11. Page 20
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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 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 Item #11. Page 21
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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 ___________________
Anne Miskey
Chief Executive Officer
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 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.

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[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
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

Union Station Homeless Services
Name: Anne Miskey, Union Station Homeless Services
Title: Chief Executive Officer
Email Address: [email protected]
Name: Raji Shivshanker, Union Station Homeless Services Title: Chief Programs Officer
Email Address: [email protected]
Address: 825 E. Orange Grove Blvd., Pasadena, CA, 91104 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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01240.0001/535308.1 D-22

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

Item #11. Page 26
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EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services:

A. Service Area: The service areas shall extend throughout the municipality of Glendora B. Provide outreach and services to unique persons and persons experiencing homelessness within the city
C. Outreach Housing Navigator or Union Station Homeless representative shall be working in the City three (3) days per week. Staff can be onsite at the La Fetra Center or in the field conducting outreach or providing services.

E. Provide City with monthly reports with information listed here in Exhibit “A” Section VI.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Monthly reports with the information listed in Exhibit “A” Section IV; that includes statistics on DMV Vouchers, lunches, hygiene kits provided.

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. Monthly outreach status reports
B. Supplemental quarterly reports as needed
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. Outreach Housing Navigator
VI. Status reports shall include the following information from monthly outreach efforts:

A. Outreach Numbers:
a. Number of unique persons enrolled in a service/program b. Number of unique persons encountered/outreached
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c. Number of unique persons who accepted services
d. Number of unique persons actively engaged in services Item #11. Page 28
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: FEBRUARY 22, 2022
FROM: CITY MANAGER DISTRICT(S): CITYWIDE
SUBJECT: CONSIDERATION OF SENATE BILL 843 (GLAZER, 2022) - RENTER'S TAX CREDIT (REQUESTED BY BOYER AND DAVIS)

RECOMMENDATION
That the City Council:

1. Consider Senate Bill 843 (Glazer, 2022); and

2. Provide City staff with direction accordingly.

EXECUTIVE SUMMARY
Mayor Davis and Mayor Pro Tempore Boyer are requesting the City Council consider supporting Senate Bill 843 (Glazer, 2022) which would increase the tax credit for qualified renters up to $1,000 for taxable years beginning on or after January 2, 2022, and before January 1, 2027.

DISCUSSION
Personal Income Tax Law currently authorizes various tax credits, including for qualified renters in the amount of $120 for spouses filing joint returns, heads of household, and surviving spouses if their adjusted gross income is $50,000 (as adjusted annually) or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000 (as adjusted annually), or less. The Franchise Tax Board adjusts the gross income amounts on an annual basis. For 2020, the adjusted gross income limits were $87,066 and $43,533, respectively. The renter’s tax credit was first established in 1972.

If approved, Senate Bill 843 would increase the tax credit for qualified renters up to $1,000 for taxable years beginning on or after January 1, 2022 and before January 1, 2027; eligible households would receive $500 for single residents and $1,000 for single parents and couples. The Franchise Tax Board would also be required to annually adjust the tax credit based on inflation. As noted in the legislation, the specific goals, purposes and objectives for this bill are to:
 Compensate low- and middle-income renters for the increasing rates of rent throughout the State of California;
 Restructure the credit to reflect the disproportionate burden of high rents on single-parent families; and
 Stimulate consumer spending and economic growth by providing more disposable income to reinvest in the economy.

California last increased the renter’s tax credit in 1979, and the proposed increase would account for inflation since that time.

Senate Bill 843 was introduced in the State Senate in January 2022 by Senator Steve Glazer. The bill has been referred to the Rules Committee but has not yet been assigned to any other legislative committee for its review and consideration. The Senate has taken action to waive the required 30-day waiting period for legislation to be heard or acted upon such that if approved, this legislation would take Item #12. Page 1
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Staff Report Page 2 of 2
effect immediately.

FISCAL IMPACT
There is no fiscal impact associated with this report other than the staff time required to prepare it.

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

Prepared By Moises 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. Senate Bill 843
Item #12. Page 2
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SENATE BILL No. 843
Introduced by Senator Glazer
(Principal coauthors: Assembly Members Bryan, Choi, and Gipson) (Coauthors: Senators Allen, Archuleta, Becker, Caballero, Cortese, Dahle, Dodd, Durazo, Gonzalez, Grove, Hertzberg, Hueso, Hurtado, Jones, Laird, Leyva, Melendez, Min, Newman, Nielsen, Ochoa Bogh, Portantino, Roth, Rubio, Stern, Umberg,
Wieckowski, Wiener, and Wilk)
(Coauthors: Assembly Members Aguiar-Curry, Bauer-Kahan, Boerner Horvath, Davies, Lackey, Levine, Mullin, Nguyen, Seyarto, and Smith)
January 11, 2022
An act to amend Section 17053.5 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. legislative counsel’s digest
SB 843, as introduced, Glazer. Taxation: renters’ credit.

The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for spouses filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000, as adjusted, or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000, as adjusted, or less. Existing law requires the Franchise Tax Board to annually adjust for inflation these adjusted gross income amounts. For 2020, the adjusted gross income limit is $87,066 and $43,533, respectively. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements.

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Existing law establishes the continuously appropriated Tax Relief and Refund Account in the General Fund and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account.

This bill, for taxable years beginning on or after January 1, 2022, and before January 1, 2027, and only when specified in a bill relating to the Budget Act, would increase the credit amount for a qualified renter to $1,000, as provided. In the event the increased credit amount is not specified in a bill relating to the Budget Act, the existing credit amounts of $120 and $60, as described above, respectively, would be the credit amounts for that taxable year. The bill would require the Franchise Tax Board to annually recompute for inflation the credit amount for taxable years on or after January 1, 2023, and before January 1, 2027, except as provided. The bill would provide findings and declarations relating to the goals, purposes, and objectives of this credit.

The bill, for credits allowable for taxable years beginning on or after January 1, 2022, and before January 1, 2027, would provide that the credit amount in excess of the qualified renter’s liability would be refundable and paid from the Tax Relief and Refund Account to the qualified renter upon appropriation by the Legislature.

This bill would take effect immediately as a tax levy.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 17053.5 of the Revenue and Taxation line 2 Code is amended to read:
line 3 17053.5. (a)  (1)  For a qualified renter, there shall be allowed line 4 a credit against the renter’s “net tax,” as defined in Section 17039. line 5 The amount of the credit shall be as follows:
line 6 (A)  For spouses filing joint returns, heads of household, and line 7 surviving spouses, as defined in Section 17046, the credit shall be line 8 equal to one hundred twenty dollars ($120) if adjusted gross income line 9 is fifty thousand dollars ($50,000) or less. less, the credit shall be line 10 equal to the following:
line 11 (i)  For taxable years beginning before January 1, 2022, and on line 12 and after January 1, 2027, one hundred twenty dollars ($120). 99 SB 843 — 2 —
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line 1 (ii)  Except as otherwise provided in subdivision (l), for taxable line 2 years beginning on or after January 1, 2022, and before January line 3 1, 2027, one thousand dollars ($1,000).
line 4 (iii)  For taxable years beginning on or after January 1, 2023, line 5 and before January 1, 2027, the credit amount in clause (ii) shall line 6 be the amount recomputed pursuant to subdivision (k), except as line 7 otherwise provided in subdivision (l).
line 8 (B)  For other individuals, the credit shall be equal to sixty dollars line 9 ($60) if adjusted gross income is twenty-five thousand dollars line 10 ($25,000) or less. less, the credit shall be equal to the following:
line 11 (i)  For taxable years beginning before January 1, 2022, and on line 12 and after January 1, 2027, sixty dollars ($60). line 13 (ii)  Except as otherwise provided in subdivision (l), for taxable line 14 years beginning on or after January 1, 2022, and before January line 15 1, 2027, one thousand dollars ($1,000).
line 16 (iii)  For taxable years beginning on or after January 1, 2023, line 17 and before January 1, 2027, the credit amount in clause (ii) shall line 18 be the amount recomputed pursuant to subdivision (k), except as line 19 otherwise provided in subdivision (l).
line 20 (2)  Except as provided in subdivision (b), spouses shall receive line 21 but only one credit under this section. If the spouses file separate line 22 returns, the credit may be taken by either or equally divided line 23 between them, except as follows:
line 24 (A)  If one spouse was a resident for the entire taxable year and line 25 the other spouse was a nonresident for part or all of the taxable line 26 year, the resident spouse shall be allowed one-half the credit line 27 allowed to married persons and the nonresident spouse shall be line 28 permitted one-half the credit allowed to married persons, prorated line 29 as provided in subdivision (e).
line 30 (B)  If both spouses were nonresidents for part of the taxable line 31 year, the credit allowed to married persons shall be divided equally line 32 between them subject to the proration provided in subdivision (e). line 33 (b)  For spouses, if each spouse maintained a separate place of line 34 residence and resided in this state during the entire taxable year, line 35 each spouse will be allowed one-half the full credit allowed to line 36 married persons provided in subdivision (a).
line 37 (c)  For purposes of this section, a “qualified renter” means an line 38 individual who satisfies both of the following:
line 39 (1)  Was a resident of this state, as defined in Section 17014. 99 — 3 — SB 843
Item #12. Page 5
Meeting Date: 2/22/2022 / Packet Page #: 154
line 1 (2)  Rented and occupied premises in this state which that line 2 constituted the individual’s principal place of residence during at line 3 least 50 percent of the taxable year.
line 4 (d)  “Qualified renter” does not include any of the following:
line 5 (1)  An individual who for more than 50 percent of the taxable line 6 year rented and occupied premises that were exempt from property line 7 taxes, except that an individual, otherwise qualified, is deemed a line 8 qualified renter if the individual or the individual’s they or their line 9 landlord pays possessory interest taxes, or the owner of those line 10 premises makes payments in lieu of property taxes that are line 11 substantially equivalent to property taxes paid on properties of line 12 comparable market value.
line 13 (2)  An individual whose principal place of residence for more line 14 than 50 percent of the taxable year is with another any other person line 15 who claimed that individual as a dependent for income tax line 16 purposes.
line 17 (3)  An individual who has been granted or whose spouse has line 18 been granted the homeowners’ property tax exemption during the line 19 taxable year. This paragraph does not apply to an individual whose line 20 spouse has been granted the homeowners’ property tax exemption line 21 if each spouse maintained a separate residence for the entire taxable line 22 year.
line 23 (e)  An otherwise qualified renter who is a nonresident for any line 24 portion of the taxable year shall claim the credits set forth in line 25 subdivision (a) at the rate of one-twelfth of those credits for each line 26 full month that individual resided within this state during the line 27 taxable year.
line 28 (f)  A person claiming the credit provided in this section shall, line 29 as part of that claim, and under penalty of perjury, furnish that line 30 information as the Franchise Tax Board prescribes on a form line 31 supplied by the board.
line 32 (g)  The credit provided in this section shall be claimed on returns line 33 in the form as the Franchise Tax Board may from time to time line 34 prescribe.
line 35 (h)  For purposes of this section, “premises” means a house or line 36 a dwelling unit used to provide living accommodations in a line 37 building or structure and the land incidental thereto, but does not line 38 include land only, unless the dwelling unit is a mobilehome. The line 39 credit is not allowed for any taxable year for the rental of land 99 SB 843 — 4 —
Item #12. Page 6
Meeting Date: 2/22/2022 / Packet Page #: 155
line 1 upon which a mobilehome is located if the mobilehome has been line 2 granted a homeowners’ exemption under Section 218 in that year. line 3 (i)  This section shall become operative on January 1, 1998, and line 4 applies to any taxable year beginning on or after January 1, 1998. line 5 (j)  For each taxable year beginning on or after January 1, 1999, line 6 the Franchise Tax Board shall recompute the adjusted gross income line 7 amounts set forth in subdivision (a). The computation shall be line 8 made as follows:
line 9 (1)  The Department of Industrial Relations shall transmit line 10 annually to the Franchise Tax Board the percentage change in the line 11 California Consumer Price Index for all items from June of the line 12 prior calendar year to June of the current year, no later than August line 13 1 of the current calendar year.
line 14 (2)  The Franchise Tax Board shall compute an inflation line 15 adjustment factor by adding 100 percent to the portion of the line 16 percentage change figure which that is furnished pursuant to line 17 paragraph (1) and dividing the result by 100.
line 18 (3)  The Franchise Tax Board shall multiply the adjusted gross line 19 income amount in subparagraph (B) of paragraph (1) of subdivision line 20 (a) for the preceding taxable year by the inflation adjustment factor line 21 determined in paragraph (2), and round off the resulting products line 22 to the nearest one dollar ($1).
line 23 (4)  In computing the adjusted gross income amounts pursuant line 24 to this subdivision, the adjusted gross income amounts provided line 25 in subparagraph (A) of paragraph (1) of subdivision (a) shall be line 26 twice the amount provided in subparagraph (B) of paragraph (1) line 27 of subdivision (a).
line 28 (k)  (1)  For each taxable year beginning on or after January 1, line 29 2023, and before January 1, 2027, the Franchise Tax Board shall line 30 recompute the credit amount for the immediately preceding taxable line 31 year under clause (ii) of subparagraphs (A) and (B) of paragraph line 32 (1) of subdivision (a). The computation shall be made as follows:
line 33 (A)  The Department of Industrial Relations shall transmit line 34 annually to the Franchise Tax Board the percentage change in the line 35 California Consumer Price Index for all items from June of the line 36 prior calendar year to June of the current year, no later than line 37 August 1 of the current calendar year.
line 38 (B)  The Franchise Tax Board shall compute an inflation line 39 adjustment factor by adding 100 percent to the portion of the 99 — 5 — SB 843
Item #12. Page 7
Meeting Date: 2/22/2022 / Packet Page #: 156
line 1 percentage change figure that is furnished pursuant to line 2 subparagraph (A) and dividing the result by 100. line 3 (C)  The Franchise Tax Board shall multiply the credit amount line 4 for the immediately preceding taxable year under clause (ii) of line 5 subparagraphs (A) and (B) of paragraph (1) of subdivision (a) by line 6 the inflation adjustment factor determined in subparagraph (B) line 7 and round off the resulting products to the nearest one dollar ($1). line 8 (2)  This subdivision shall not apply during a taxable year in line 9 which clause (ii) of subparagraphs (A) and (B) of paragraph (1) line 10 of subdivision (a) does not apply pursuant to subdivision (l). line 11 (l)  Unless otherwise specified in any bill providing for line 12 appropriations related to the Budget Act, for taxable years line 13 beginning on or after January 1, 2022, and before January 1, line 14 2027, clause (ii) of subparagraphs (A) and (B) of paragraph (1) line 15 of subdivision (a) shall not apply, and the credit amounts set forth line 16 in clause (i) of subparagraphs (A) and (B) of paragraph (1) of line 17 subdivision (a) for taxable years beginning before January 1, 2022, line 18 and on and after January 1, 2027, shall be the credit amounts for line 19 a qualified renter for the taxable year instead. line 20 (m)  For taxable years beginning on or after January 1, 2022, line 21 and before January 1, 2027, notwithstanding Section 19611, if the line 22 amount allowable as a credit under this section exceeds the tax line 23 liability computed under this part for the taxable year, the excess line 24 shall be credited against other amounts due, if any, and the line 25 balance, if any, shall be paid from the Tax Relief and Refund line 26 Account and refunded to the qualified renter upon appropriation line 27 by the Legislature.
line 28 (n)  For the purposes of complying with Section 41, the line 29 Legislature finds and declares as follows:
line 30 (1)  The specific goals, purposes, and objectives of this bill are line 31 as follows:
line 32 (A)  To compensate low- and middle-income renters for the line 33 increasing rates of rent throughout the State of California. line 34 (B)  To restructure the credit to reflect the disproportionate line 35 burden of high rents on single-parent families. line 36 (C)  To stimulate consumer spending and economic growth by line 37 providing more disposable income to reinvest in the economy. line 38 (2)  To measure whether the credit achieves its intended purpose, line 39 for those taxable years for which the amount of credit under clause line 40 (ii) of subparagraphs (A) and (B) of paragraph (1) of subdivision 99 SB 843 — 6 —
Item #12. Page 8
Meeting Date: 2/22/2022 / Packet Page #: 157
line 1 (a) applies, the Franchise Tax Board shall prepare a written report line 2 on the following:
line 3 (A)  The number of taxpayers claiming the credit. line 4 (B)  The average credit amount on tax returns claiming the line 5 credit.
line 6 (3)  The Franchise Tax Board shall provide the written report line 7 prepared pursuant to paragraph (2) to the Senate Committee on line 8 Budget and Fiscal Review, the Assembly Committee on Budget, line 9 the Senate and Assembly Committees on Appropriations, the Senate line 10 Committee on Governance and Finance, and the Assembly line 11 Committee on Revenue and Taxation. The report shall be submitted line 12 in compliance with Section 9795 of the Government Code, and no line 13 later than January 15 of the year following the year relevant to line 14 the report.
line 15 SEC. 2. This act provides for a tax levy within the meaning of line 16 Article IV of the California Constitution and shall go into line 17 immediate effect.

O
99 — 7 — SB 843
Item #12. Page 9
Meeting Date: 2/22/2022 / Packet Page #: 158

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: FEBRUARY 22, 2022
FROM: ADMINISTRATIVE SERVICES – FINANCE DISTRICT(S): CITYWIDE SUBJECT: CONSIDER WAIVING BUSINESS LICENSE TAXES TO MAKE HOUSING MORE

AFFORDABLE (REQUESTED BY BOYER AND ALLAWOS)

RECOMMENDATION
That the City Council:

1. Consider waiving Business License Taxes for multiple-family residential property owners to make housing more affordable; and

2. Provide City staff with direction accordingly.

EXECUTIVE SUMMARY
Mayor Pro Tempore Boyer and Councilmember Allawos are requesting the City Council consider waiving the Business License Tax for multiple-family residential property owners to make housing more affordable in the City.

LEGISLATIVE HISTORY
On May 25, 2021, the City Council directed staff to look at creative ways to reduce the cost of housing locally, without increasing the cost of housing to anyone else, following a motion by Mayor Pro Tempore Boyer and a second by Councilmember Allawos. The motion stemmed from the City Council’s study session on inclusionary housing and the resulting discussion which included consideration for who bares the cost of affordable housing, local control of zoning and design elements, the factors used to establish the value of homes (income, replacement cost, and comparable sales cost), the pros and cons of inclusionary housing programs, the lack of affordable housing, the need for a multi-pronged approach to housing, a desire to find creative incentives to decrease rent and/or housing costs, the cost of development, local government tax impacts on renters, the use of density bonuses to add more housing in smaller spaces, the need to address the mandates that the state legislature has imposed on housing development, and incentives to keep rent rates stable by waiving business license fees or waiving development fees as an incentive to keep rents and housing costs low.

BACKGROUND
In December 2021, Mayor Pro Tempore Boyer and Councilmember Allawos met with City staff to discuss ways in which the City can help make housing more affordable in Glendora. In the context of the various housing-related mandates imposed by the State, and recognizing the increasing cost of housing, the discussion focused on actions the City can take in the near- and mid-term to help address affordability for renters and homeowners. The discussion was wide ranging and included consideration for evaluating the fees associated with residential development, streamlining internal processes, and waiving local fees, among other concepts. To provide some immediate relief and start a much broader conversation on this topic, City staff was asked to evaluate the possibility of waiving Business License Taxes for multiple-family residential property owners to help offset or mitigate future rent increases.

Item #13. Page 1
Meeting Date: 2/22/2022 / Packet Page #: 159
Staff Report Page 2 of 3

DISCUSSION
As outlined in Title 5 (Business Licenses and Regulations) of the Glendora Municipal Code, every business operating in the City is required to obtain a business license, and to renew it annually.

Specifically, multiple-family residential properties are governed by Section 5.08.130 (Apartment Houses, Mobile Home Parks, Trailer Parks and Industrial and Commercial Rentals):

Apartment houses, duplexes, mobile home parks, trailer parks and industrial and commercial rentals shall pay the following license taxes: four or more units, spaces or rooms shall pay thirty-five dollars plus two dollars and fifty cents for each unit, space or room over four.

According to business license data, there are currently 124 multiple-family residential property (business) owners in the City representing 2,491 total units. This figure includes apartments, mobile home parks, and trailer parks. Each business owner pays an annual business license tax between $35 to $545 depending on the number of units on the property. The table below provides examples of the business license fees dependent on the number of units on the property.
*Per Unit Fee is the total number of units, multiplied by $2.50; this charge is only applied when the total number of units is five or more.

NEXT STEPS
The topic of affordability and housing in California and Glendora is both complex and nuanced. Pending discussion by the City Council on this item, staff will return to the City Council for future conversations on the topic.

FISCAL IMPACT
Providing a waiver to all 124 multi-family property owners would reduce annual business license revenue by $9,370 or 2% of total annual business license revenues. If the waiver is approved, the City will need to identify an alternative funding source to offset these funds.

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

Prepared By Marie Ricci, Administrative Services Director/City Treasurer Reviewed By Moises Lopez, Assistant 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
Number of Units Base Fee Per Unit Fee Total Fee
2 $ 35.00 $ - $ 35.00
4 $ 35.00 $ - $ 35.00
5 $ 35.00 $ 2.50 $ 37.50
10 $ 35.00 $ 15.00 $ 50.00
25 $ 35.00 $ 52.50 $ 87.50
50 $ 35.00 $ 115.00 $ 150.00
100 $ 35.00 $ 240.00 $ 275.00
200 $ 35.00 $ 490.00 $ 525.00
Example of Fees for Multiple-Family Residential Properties Item #13. Page 2
Meeting Date: 2/22/2022 / Packet Page #: 160
Staff Report Page 3 of 3
ATTACHMENT:

A. Section 5.08.130 (Apartment Houses, Mobile Home Parks, Trailer Parks and Industrial and Commercial Rentals)
Item #13. Page 3
Meeting Date: 2/22/2022 / Packet Page #: 161
Glendora Municipal Code
Up Previous Next Main Search Print No Frames
Title 5 BUSINESS LICENSES AND REGULATIONS
Chapter 5.08 LICENSE TAXES

5.08.130 Apartment houses, mobilehome parks, trailer parks and industrial and commercial rentals.

Apartment houses, duplexes, mobilehome parks, trailer parks and industrial and commercial rentals shall pay the following license taxes:

Four or more units, spaces or rooms shall pay thirty-five dollars plus two dollars and fifty cents for each unit, space or room over four. (Ord. 1456 § 4, 1985; Ord. 1291 § 3, 1977; Ord. 1164 § 2, 1972) View the mobile version.

Item #13. Page 4
Meeting Date: 2/22/2022 / Packet Page #: 162

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: FEBRUARY 22, 2022
FROM: CITY MANAGER DISTRICT(S): CITYWIDE
SUBJECT: QUARTERLY STRATEGIC PLAN UPDATE (ALL STRATEGIC PLAN ITEMS)

RECOMMENDATION
That the City Council:

1. Receive the February 2022 Quarterly Update of the 2020-2023 Three-Year Strategic Plan and provide input on future strategic planning sessions and updates.

EXECUTIVE SUMMARY
Over the past several years, the City of Glendora has held more than 20 strategic planning sessions to set goals, objectives, and tasks. These sessions would typically occur every six months and had been utilized to periodically update the City’s Vision/Mission Statements and Core Values. In March 2020, the COVID19 pandemic caused many organizations around the world to revisit their operations, including the City of Glendora. In July 2020, the City Council, City Staff, and members of the City’s boards/commissions met to discuss future operations moving forward. As a result of that meeting and subsequent reviews where more than 200 objectives/tasks were discussed, the City Council approved a revamped, three-year strategic plan in October 2020 that focuses on recovery from COVID-19 and key capital, staffing, homelessness and financial objects/tasks over the next three years. The 2020-2023 Strategic Plan (Strategic Plan) has been subsequently incorporated into the FY 2021-2023 Two-Year Budget adopted in June 2021 and throughout the work plans of City staff. This agenda item provides a status update on the Strategic Plan and requests the City Council discuss possible changes to the strategic planning process.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
In July 2020, the City Council met to discuss a new Strategic Plan and review its Mission Statement, Vision Statement, and Core Values. In October 2020, the City Council adopted the Strategic Plan for Fiscal Years 2020-21 through FY 2022-23 (2020-2023 Three Year Strategic Plan). Since adoption, periodic updates of the Strategic Plan were provided to the City Council in March 2021, June 2021 and November 2021.

DISCUSSION
The July 2020 strategic planning session included a robust conversation on the current state of affairs in the City related to COVID-19 and discussion on more than 200 potential action items. Following direction from that meeting, staff prepared a comprehensive Strategic Plan that was reviewed in August 2020 approved in October 2020. Overall, the Strategic Plan is ambitious, as many of the items have significant impacts from a staff perspective (e.g. Housing Element/General Plan, software implementations), public engagement perspective (e.g. water rates, use of City property, future development), and employee engagement perspective (e.g. retention measures and personnel policies).

The adoption of the Strategic Plan, also marked a significant change from past strategic planning sessions, which had the tendency to change goals, objectives, and tasks every six months. The current Strategic Plan is for three years, which has allowed for two very important linkages – City finances and staffing assignments. Specifically, the goals, objectives, and tasks associated with the Strategic Plan were Item #14. Page 1
Meeting Date: 2/22/2022 / Packet Page #: 163
Staff Report Page 2 of 3
incorporated in the Adopted FY 2021-2023 Two-Year Budget and to employees through staff workplans.

Additionally, the multi-year plan allowed for clarity on timelines for multi-year projects (e.g. Gold Line) and linkages between each strategic plan objectives/tasks, should they exist. Finally, the quarterly reporting to the City Council is more robust, including both detailed and summary information on progress of each object/task under each of the six goals.

Goals
In late 2019, the City Council adopted five strategic plan goals, which were utilized as the starting point when drafting the post COVID-19 Strategic Plan, which was based on the July 2020 strategic planning session:

1. Increase financial stability and sustainability

2. Enhance and modernize the organization

3. Improve and maintain the City’s infrastructure and facilities

4. Implement strategic economic development

5. Enhance employee development and retention
Additionally, the City Council added a sixth goal during the July 2020 strategic planning session related to the significant efforts surrounding homelessness activities (e.g. community survey, hotel/motel housing, sub-regional housing efforts, etc.):

6. Implement Strategic Homelessness Solutions
Based on these six goals, the City Council adopted a Strategic Plan that outlined 57 objectives/tasks to be completed over three years, 2020-2023. Since that time five additional objective/goals were approved by the City Council to address City and community needs. The Strategic Plan Update (Attachment A), provides the status each task/object from inception of the plan. New for the February 2022 Strategic Plan Quarterly Update, for each object/task, is a summary page that provides a high-level overview of progress to date and how that compares to progress from the prior quarterly update.

Of the 62 objectives/tasks listed on the summary page (Attachment A):
 15 are completed;
 42 made progress over the last three months; and
 5 have no progress over the last three months
Other Strategic Planning Actions
No changes were proposed to the Mission Statement, Vision Statement or Core Values during the July 2020 strategic planning session:
 Mission Statement: The City of Glendora’s mission is to provide its citizens and business community effective municipal services while maintaining our historical sense of community values.
 Vision Statement: Glendora will be an inclusive, charming, and vibrant community.  Core Values: Fiscal Responsibility, Honesty and Integrity, Exemplary Customer Service, Open and Accessible Government, Accountability, Community Involvement, and A Friendly Environment Future Considerations
Like with any plan, unanticipated future events or community needs (e.g. short-term rentals), and newly identified funding opportunities (e.g. People Movement) may require significant time and resources and might require changes/amendments to the Strategic Plan. Currently, the City does not have an Administrative Policy that outlines the strategic planning process or how items are added or removed.

The current practice is for staff to work with the City Council to identify these items as they arise and amend the Strategic Plan and staff’s work priorities as needed.

As the strategic planning process continues to evolve to ensure the City is meeting the needs of the community, the City Council may want to consider changes to the current practice, including, but not limited to:
 Formal process for adding/removing items
Item #14. Page 2
Meeting Date: 2/22/2022 / Packet Page #: 164
Staff Report Page 3 of 3
 Form process to re-evaluate goals/objectives
 Significant individual Councilmember requests outside of the Strategic Plan  Frequency of goal/objective review
 Frequency of Mission Statement, Vision Statement, and Core Values review

FISCAL IMPACT
There is no fiscal impacts associated with the February 2022 Quarterly Update of the Strategic Plan. As noted in the update, there are unique fiscal impacts associated with each objective/task. More specifically, the Strategic Plan has been incorporated into the FY 2021-2023 Two-Year Budget and any changes in funding will come before the City Council for approval.

ENVIRONMENTAL DETERMINATION
Not applicable.

Prepared By Adam Raymond, City Manager
Concurs With Not Applicable
Reviewed By Not Applicable
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. February 2022 Strategic Plan Quarterly Update
B. Strategic Plan Quarterly Update Power Point
Item #14. Page 3
Meeting Date: 2/22/2022 / Packet Page #: 165
2020-2023 THREE YEAR STRATEGIC PLAN
SUMMARY UPDATE: NOVEMBER 2021 TO FEBRUARY 2022
# Name % Complete Previous
1‐ISED Progress Made Start and Complete General Plan Housing Element Update 60% 50% Yes
2‐ISED No Change Implement Local Early Action Plan (LEAP) Grant ($150,000) 30% 30% Yes
3‐ISED Progress Made Begin Comprehensive General Plan Update 10% 0% Partial 4‐ISED Progress Made Development of a Village Vision and Development Plan 10% 0% Partial
5‐ISED Progress Made Development of a Gold Line (L‐Line) Vision and Development Plan 10% 0% Partial
6‐ISED No Change Complete SB2 planning grant projects ($160,000) 30% 30% Yes 7-IFSS Progress Made Sierra Madre Landscape Maintenance District (LMD) 20% 0% Partial
8‐IFSS Progress Made Water Rate Study 10% 0% Yes
9‐IFSS Complete Citizens Ad Hoc Committees Report Follow‐Up 100% 100% Yes 10‐IFSS Progress Made Implement Pro‐Active Risk Management Practices 50% 0% Yes 11‐IFSS No Change Comprehensive Fee Study and Update 0% 0% Yes 12‐IFSS Complete Recapture COVID‐19 Lost Revenues and Offset Increased Expenditures 100% 100% Yes
13‐IFSS Progress Made Comprehensive Purchasing Policy Review 20% 10% Yes 14‐IFSS Complete FY 2021‐2023 Two Year Budget 100% 100% Yes 15‐EEDR Progress Made Part‐Time Employee Workforce Modernization 10% 0% Yes 16‐EEDR Progress Made
Comprehensive Review and Update of all
Personnel Policy and Procedures, including the
Development and Adoption of the Employee
Employer Relations Resolution (EERR).
20% 0% Yes
17‐EEDR Progress Made Training for City Staff: to include, leadership, safety, and equity, inclusion, and diversity. 10% 0% Yes 18‐EEDR Complete Water Division Classification and Compensation Study 100% 100% Yes
19‐EEDR No Change Library Department Classification and Compensation Review 0% 0% Yes
20‐EEDR Progress Made Facilitate recruitments/hiring for filling vacant positions 40% 0% Yes
21‐EEDR Progress Made Employee Wellness 50% 30% Partial 22‐EEDR Progress Made Succession Planning 20% 0% Partial 23‐EEDR Complete Explore Childcare and Recreational
Opportunities for Children During COVID‐19 100% 100% Yes 24‐EMO Progress Made Update Urban Forestry Manual 10% 0% Partial 25‐EMO Progress Made Create a Communication Strategic Plan 10% 0% Yes

STRATEGIC PLAN ITEM STATUS FUNDED
1 Item #14. Page 4
Meeting Date: 2/22/2022 / Packet Page #: 166
2020-2023 THREE YEAR STRATEGIC PLAN
SUMMARY UPDATE: NOVEMBER 2021 TO FEBRUARY 2022
# Name % Complete Previous

STRATEGIC PLAN ITEM STATUS FUNDED
26‐EMO Progress Made
Conduct Elections for District 1 and 4 and Update
Council District Boundaries following 2020
Census.
50% 20% Yes
27‐EMO Progress Made Sunshine Ordinance for Agendas 40% 0% Yes 28‐EMO Progress Made Citizens Academy Updates 50% 30% Yes 29‐EMO Progress Made Community Survey Update 20% 0% Yes 30‐EMO Complete Medal of Merit Program (Program Investigation) 100% 100% No 31‐EMO Progress Made Update to Employee Group Memorandum of Understands (MOUs) 80% 0% Yes
32‐EMO Progress Made Payroll Modernization 20% 0% Yes
33‐EMO Progress Made Business Tax License Municipal Code Modernization 50% 10% Yes
34‐EMO Progress Made Paperless Fair Political Practices Commission (FPPC) Campaign Filings 90% 70% Yes
35‐EMO Progress Made Community Partner Coordination 50% 20% Yes 36‐EMO Progress Made Glendora Unified School District Memorandum of Understanding 20% 10% Yes
37‐EMO Complete Short Term Rental Program 100% 90% Yes
38‐EMO Complete Review of Animal Control Program with Inland Valley Humane Society 100% 100% Yes
39‐EMO Complete Create a Coyote Management Plan 100% 50% Yes 40‐EMO Complete
Glendora Public Library Friends Foundation
Memorandum of
Understanding
100% 70% Yes
41‐EMO Progress Made Administrative Manual Policy Update 10% 0% Yes 42‐EMO Complete Use of Force Policy Changes 100% 100% Yes 43‐EMO Complete Provide Enhanced Activities For Seniors and Youth 100% 100% Yes
44‐EMO Complete Establishment of Technology Governance Board 100% 20% Yes 45‐EMO Progress Made Agreement for Supplemental Technology Services 50% 10% Yes 58‐EMO Complete Update City Council Meeting Rules 100% 100% Yes 59‐EMO Progress Made ERP System Implementation 10% 0% Yes 60‐EMO Progress Made Land Management/Permitting System
Implementation 20% 10% Yes
61‐EMO Complete Comprehensive Alley Way Review 100% 70% Yes 46‐IMCIF Progress Made Updated Capital Improvement Plan (CIP) 80% 10% Partial 47‐IMCIF Progress Made Evaluate Technology Needs 80% 20% Yes 48‐IMCIF Progress Made Evaluate City Facility Needs 20% 0% Partial 49‐IMCIF Progress Made Evaluate Other Infrastructure Needs 40% 10% Partial 50‐IMCIF Progress Made Gladstone Park Splashpad and Renovation 50% 20% Yes 51‐IMCIF Progress Made First Mile Last Mile (FMLM) Improvements 20% 10% Partial 52‐IMCIF Progress Made Historic Street Lights 10% 0% Partial 53‐IMCIF Progress Made Review Signage Requests 10% 0% Partial 2 Item #14. Page 5
Meeting Date: 2/22/2022 / Packet Page #: 167
2020-2023 THREE YEAR STRATEGIC PLAN
SUMMARY UPDATE: NOVEMBER 2021 TO FEBRUARY 2022
# Name % Complete Previous

STRATEGIC PLAN ITEM STATUS FUNDED
54‐IMCIF No Change Transportation Fleet and Infrastructure Modernization 20% 20% Partial
62‐IMCIF Progress Made Council / Meeting Chambers Remodel 10% 0% Yes 55‐ISHS Progress Made Develop a Sub‐Regional Homeless Housing Program 30% 0% Partial
56‐ISHS Progress Made Update Homelessness Strategic Plan 20% 0% Yes 57‐ISHS Progress Made Supplement Homeless Operations 50% 0% Yes 3 Item #14. Page 6
Meeting Date: 2/22/2022 / Packet Page #: 168
2020-2023 Three -Year Strategic Plan
February 2022 Update
# GOALS GOAL SUMMARY CURRENT STRATEGIC PLAN GOAL DEPARTMENT(S) FY 20/21 FY 21/22 FY 22/23 FUNDED (Y/N) FUNDING  SOURCE % COMPLETE % COMPLETE (PREVIOUS) ADDITIONAL COMMENTS  / UPDATES 1‐ISED Start and Complete General Plan Housing Element Update TO DO: Complete and obtain certification for 6th RHNA Cycle Housing  Element by February 11, 2022 deadline. TIED TO: 2‐IESD, 3‐IESD Implement Strategic Economic  Development Community Development XX Yes LEAP Grant 60% 50% The Planning Commission and City Council have received and approved several iterations of the City's proposed Housing Element.  Subsequent to these conversations and approvals, the City submitted the Proposed Housing Element to HCD.  First round of State review comments receivedin November 2021. Updated draft Housing Element submitted to State for second round of review in December 2021. Comments from State due by late February 2022.  Only 3 cities in the SCAG region have an approved Housing Element by HCD; it is anticipated the City, based on feedback from other agencies, will likely require a 3rd submittal back to the State (HCD). 2‐ISED Implement Local Early Action Plan (LEAP) Grant ($150,000) TO DO:  Covers cost of Housing Element.

Identify two Housing Element sites , conduct pre‐planning investigation and yield study.Study for water/sewer utility needs for Housing Element sites near future Gold Line (L‐Line).

TIED TO: 1‐IESD
Implement Strategic Economic
Development
Community
Development / Public
Works
XX X Yes LEAP Grant 30% 30%
The total amount of the LEAP grant is $150K.  $80K will pay for the Housing Element Update. Thebalance will be divided for two projects related to development:1) Study the sewer/water infrastructure around the Gold Line (L‐Line)for potential of land around the Gold Line (L‐Line).  Study area will be Glendora Ave. from Foothill Blvd. to Route 66, and between Vermont and Glendora Ave.2) Develop a “yield analysis” of two sites around Gold Line (L‐Line). This analysis is typically done by a developer to determine how many units and type of development a site will support.  Specific sites will be selected from Housing Element Sites Inventory. 3‐ISED Begin Comprehensive General Plan Update
TO DO: Current General Plan updated in 2006.The next General Plan will be developed to guide the community for the next 20‐25 years.Include plans for major changes (Gold Line / L‐Line, Downtown Development, Housing, Emergency Management Plan/Emergency Preparedness, Homeless Outreach Services, Public Safety, etc.)Many public meetings and input opportunities.Development of timeline for Council.

TIED  TO: 1‐IESD, 2‐IESD, 4‐IESD, and 5‐IESD
Implement Strategic Economic
Development
Community
Development X Partial General Plan Maint. Fee 10% 0%
Housing Element anticipated to be certified and adopted before June 2022. Required rezoning of housing sites to be completed by October 2022. In November 2021, an RFP was issued forproposals to update the Safety Element. Staff is currently reviewing RFP responses. Safety Element will coordinate Planning and Public Safety to also update the City's Local Hazard Mitigation Plan. 4‐ISED Development of a Village Vision and Development Plan TO DO:  Included with General Plan Update:

Study specific business allowances, zoning, and parking. Daytime business vs. Nightlife.Allowances and incentives for targeted businesses. Gold Line (L‐Line) opportunities.Coordination with businesses, Business Improvement District andrelated stakeholders.TIED TO: 3‐ISED Implement Strategic Economic
Development
Community
Development X X Partial TBD 10% 0%
The majority of the work under project will likely need to occur in concert with the General PlanUpdate.  The General Plan will establish broad policies, and the Village will be a focus area; this was the case during the 2004‐2006 General Plan update, which created the Civic Center Area Plan. The current zoning for the Village was created in 2011. A future Village Development Plan will likely be a focused project with more fine‐grained objectives for development and zoning regulation refinements.  Recently, with the addition of parklets, requests have been received for increasedentertainment allowances, which is currently permitted in the Village with a CUP.  Additionally, the City has previously begun this process through a partnership with Cal Poly San Luis Obispo, where based on community feedback, students generated possible development scenarios. 5‐ISED Development of a Gold Line (L‐Line) Vision and Development Plan TO DO: Included with General Plan Update:

Centralized Gold Line (L‐Line) webpage and related studies.  Clearly define strategic objectives related to development around mass transit.First Mile/List Mile Development requirements.  Impacts on surrounding neighborhoods.Future vision.

Implement Strategic Economic
Development
Community
Development X X X Partial  TBD 10% 0%
Similar to the Village Development Plan, the majority of this plan should occur in conjunction with the General Plan update.  With the Housing Element update, staff explored appropriate densities and will study what the infrastructure needed to support future development. Also, some initial infrastructure analysis will be completed with the LEAP grant. Funding to be secured from various sources for First/Last Mile Glendora Avenue/Foothill Boulevard Improvements. It’s important to keep in mind that the Gold Line (L‐Line) Development Plan is part of the Route 66 Specific Plan. 6‐ISED Complete SB2 planning grant projects  ($160,000) TO DO: Grant projects include:

Updating entitlement process forms and check lists, acquiring computer hardware for electronic plan check review for Planning, Building, Engineering, Water, Parks and Trees.

Development of informational guides (e.g. checklists, process charts, etc.).Reviewing design standards.Reviewing municipal code to eliminate confusion, where possible.

Implement Strategic Economic
Development
Community
Development / Public
Works
X X X Yes SB2 Grant 30% 30%
Updates to forms, checklists, flowcharts completed. Computer hardware acquired for electronicplan review. Remaining projects include standardized conditions of approval, adopting objective design guidelines, amending code to remove barriers to housing development will continue into 2023. Under the SB2 grant, all funds must be used by August 2023.

IMPLEMENT STRATEGIC ECONOMIC DEVELOPMENT (ISED)
ISED TOTAL=6
1 Item #14. Page 7
Meeting Date: 2/22/2022 / Packet Page #: 169
2020-2023 Three -Year Strategic Plan
February 2022 Update
# GOALS GOAL SUMMARY CURRENT STRATEGIC PLAN GOAL DEPARTMENT(S) FY 20/21 FY 21/22 FY 22/23 FUNDED (Y/N) FUNDING  SOURCE ADDITIONAL COMMENTS  / UPDATES 7‐IFSS Sierra Madre Landscape Maintenance District (LMD) TO DO: Initiate the voting process to re‐establish LandscapeMaintenance Districts (LMDs), where applicable:

Education of homeowners;Updated Engineering/Maintenance Report/Costs; Hold Vote; Seek various City Council approvals
Increase Financial Stability and
Sustainability
Public Works /
Administrative
Services ‐ Finance
X X X Partial
Future District
Property Tax
Revenues and
General Fund
20% 0%
Resident questionnaires surveying interest in potentially re‐establishing LMDs were mailed toowners in what were formerly the W. Sierra Madre, Banna/Arrow Hwy, Kregmont, and GreenfieldCourt zone, and results tabulated. Staff are returning to the City Council for direction on whether to move forward with 218 process at in February 2022 ‐ party of the reports includes historical details on the maintenance requirements in those areas. The balloting process would tentatively be complete by August 2022, and pending results, zones added back to District on FY22/23 Engineer's Report.
8‐IFSS Water Rate Study
TO DO: Comprehensive water rate study, including: Assessment ofcurrent water infrastructure;Public Community Engagement;Review of water supply, both short/long term; Review of State Lawsand Required changes; Options for water system improvements;Development of 1,5,10 and 20 year water CIP.

Increase Financial Stability and
Sustainability
Public Works ‐ Water
/ Admin Services X X X Yes Water Fund 10% 0%
A contract to undertake the assessment and rate study was awarded to AKM Consulting Engineers on February 8, 2022, in the amount of $549,942.80 and a kickoff meeting was held on February 9, 2022. The consultant has began work with both the assessment and rate study slated to becompleted by December 2022.  Public meetings on feeds can begin in early 2023 with possible City Council adoption by June 2023. 9‐IFSS Citizens Ad Hoc Committees Report  Follow‐Up
TO DO: Within 6 months, review recommendations of the Citizens Ad‐Hoc Committee and determine if the Strategic Plan should be amended, where applicable, implement or further explore any recommendation.

Increase Financial Stability and
Sustainability
City Manager's
Office X Yes Staff Time 100% 100%
Update was provided to the City Council in December 2020; no further action was taken at that time.  Staff continues to utilize the initial report and follow‐up report and findings to assist the City Council with future policy development options (e.g. South Hills, service delivery, etc.). 10‐IFSS Implement Pro‐Active Risk Management  Practices TO DO: Furthering Risk Management Best Practices, includes:Recruitment of Risk Management Administrator; Development of Risk Management Policies and Procedures; Implementation of strategies (e.g. sidewalk/tree repair, staff training, issue reporting ) to mitigate future cost increases.TIED TO: 20‐EEDR
Increase Financial Stability and
Sustainability
Administrative
Services ‐ Risk
Management
X X X Yes Staff Time 50% 0%
The City's Risk Administrator hired in November 2020.  To date, staff has: 1) created internal report(s) to track frequency, severity and trends both for GL & WC exposures; 2)applied point of contact communication to ensure timely reporting and handling of claims filed with TPA; and 3) continued review and verification of insurance certificates when doing business with outside vendors and consultants to transfer risk probability. Process & policy strategy review and updates are on‐going.
11‐IFSS Comprehensive Fee Study and Update
TO DO: Process to implement fee changes, includes: Issuance of anRFP for a fee study (and potentially an updated to the City's cost plan); Review of new processes providing services (e.g. revamped permit process); Benchmarking of fees with other agencies;Developing a cost recovery approach by fee type (e.g.100% for development, 75% for recreation, etc.); Public Hearings to adopt fees.                                                                                                      TIED TO: 59‐EMO Increase Financial Stability and
Sustainability
Administrative
Services ‐ Finance/ All departments
X Yes General Fund 0% 0%
The fee study will occur after the Land Management & Permitting system and ERP Systemimplementations are completed.  Current processes and procedures will likely change with new technology.
12‐IFSS Recapture COVID‐19 Lost Revenues and  Offset Increased Expenditures TO DO: FY 20‐21 Mid Cycle Budget projected a net General Fund change of  approximately $4 million in lost revenues and increased costs from last fiscal year and this fiscal year. In order to recapture these lost revenues and funds, City will:Advocate for HEROS Act or similar Federal Legislation;Advocate for cost reimbursements (.e.g. CARES Act, FEMA)       TIED TO: 14‐IFSS Increase Financial Stability and
Sustainability City Manager X X X Yes Staff time 100% 100% The City implemented a robust advocacy plan and worked with the City's State and FederalLegislators to request financial support at the local level.  Since the start of the COVID‐19 pandemic,the City has received CARES Act ($643k), CDBG‐CV ($300k), and ARPA ($7.5 million; $3.75 millionreceived to date).   With that funding, the City has been able to support local businesses, renters, non‐profits, and other community members ‐ a detailed plan for uses of the $7.5 million ARPA funding was approved by the City Council in late 2021.  Additionally, the City's financial position remains strong, making up the entire $4 million in lost revenue. 13‐IFSS Comprehensive Purchasing Policy Review
TO DO: Process to implement purchasing policy review. Benchmarking dollar approval limits with various agencies; Work with departmentson streamlining the process for their largest needs (e.g. supplemental staffing, capital projects, etc.);Improving information on current bids to local community; Developing methods to purchase from local vendors, where possible;Development of contract templates.                             TIED TO: 59‐EMO Increase Financial Stability and
Sustainability
Administrative
Services ‐ Finance/ All departments
xYes Staff time and Legal Review 20% 10%
A centralized purchasing position has been requested for Mid‐Year approval, which would replacean existing position in Administrative Services.  The existing purchasing policy is undergoing revision and is anticipated to be brought forth to the City Council in July 2022 for approval.  Staff is currentlyreviewing and training with the existing bidding software to better leverage its functionality City‐wide. 14‐IFSS FY 2021‐2023 Two Year Budget
TO DO: FY 2021‐2023 Two Year Budget Process Includes:

Implementation of OpenGov Budget Software; Reviewing City Services to streamline organization and engage private entities, where it makes sense;Ensure Pre‐COVID‐19 financial stability;Centralize citywide facilities contracts, such as HVAC, cleaning/janitorial and elevator maintenance.                  TIED TO: All ‐ IFSS items Increase Financial Stability and
Sustainability
Administrative
Services ‐ Finance/ All departments
X X Yes Staff Time 100% 100%
The Finance Department is preparing the mid‐cycle review for FY 2022‐23 for City Council approvalin June 2022.  Only minor adjustments are anticipated due to the streamlined and efficient biennial budget process implemented.

IFSS TOTAL=8INCREASE FINANCIAL STABILITY AND SUSTAINABILITY (EFSS) 2 Item #14. Page 8
Meeting Date: 2/22/2022 / Packet Page #: 170
2020-2023 Three -Year Strategic Plan
February 2022 Update
# GOALS GOAL SUMMARY CURRENT STRATEGIC PLAN GOAL DEPARTMENT(S) FY 20/21 FY 21/22 FY 22/23 FUNDED (Y/N) FUNDING  SOURCE ADDITIONAL COMMENTS  / UPDATES 15‐EEDR
Part‐Time Employee Workforce Modernization
TO DO: Review all part‐time positions for: Consistency across theorganization (e.g. benefits); Determine what full‐time positions need a part‐time equivalent (e.g. analyst);Clarify on how PT positions are stated in the budget (e.g. number of people vs. number of budgeted hours); Provide clarity on part time positions policies andprocedures;
Enhance Employee Development and
Retention
Administrative
Services ‐ Human
Resources & Finance
/ affected
departments
X X X Yes Staff Time 10% 0%
Staff is in the process of overhauling the City's Personnel Rules and Regulations to include part‐time labor for the City.  Based on initial discussions with the City Attorney's Office, this will also requirean ordinance to cleanup the City's Municipal Code.  the process will provide the necessary authorityto define and clarify the role of part‐time labor throughout the City. 16‐EEDR
Comprehensive Review and Update of all
Personnel Policy and Procedures, includingthe Development and Adoption of  the Employee Employer Relations Resolution (EERR).

TO DO: The City's personnel policies and procedures are in need of asignificant update, including;Review of each policy/procedures; Development of recommended changes;Meet and Confer with employees on proposed changes; Approval bythe City Council of each revised and new policy;The EERR is required by State Law, including the Meyers‐ Milias‐Brown Act (MMBA)", to provide reasonable and orderly procedures for the administration of employer‐ employee relations between the City and its employee organizations.

Enhance Employee Development and
Retention
Administrative
Services ‐ Human
Resources
XX X Yes
Staff Time &
Legal Cost 20% 0%
Staff has enlisted the assistance of the City Attorney to re‐write the Personnel Rules and Regulations from 1985.  The project is in progress with a draft for review anticipated in May 2022.  Next steps include engaging with the bargaining units to review and provide input and reviewing applicable changes needed in the City's municipal code. 17‐EEDR
Training for City Staff: to include,
leadership, safety, and equity, inclusion,and diversity.

TO DO: Staff is working with Claremont Graduate University (oranother partner) and ICRMA, to provide access to training across all levels of the organization on equity, inclusion and diversity: Executive team and Managers ‐ leadership training;All levels of the organization, training from the City's Risk Management Third Party Administrator.

Enhance Employee Development and
Retention
Administrative
Services ‐ Human
Resources & Risk
Management
X X X Yes Staff Time 10% 0%
Met with CGU and program did not appear sufficient to meet the expectations. Staff have met with other providers and are developing summaries for CM to review for recommended training providers.  While the process continues to move forward, staff have made free, self‐paced, trainingopportunities available to staff through the City's partners. 18‐EEDR Water Division Classification and Compensation Study TO DO: Process to complete Water Division Class and Compensation Study  (for certified classes)includes: Review and recommendation of updated staff job specs; Development of updated salary ranges; Meet and Confer process with employee groups;Approval by City Council Enhance Employee Development and
Retention
Administrative
Services ‐ Human
Resources / Public
Works ‐ Water
XX Yes
Water Fund and
Staff Time 100% 100% City Council approved study changes on 3/22/21. All meet and confer items have been completed with the City's employee groups on the changes have been implemented. 19‐EEDR Library Department Classification and  Compensation Review TO DO: As the needs of modern libraries change, a review of theLibrary organizational structure, including job descriptions and compensation levels is required: Moving away from adult/youth/frontlines/support and toward program/project management;Comparison of existing and envisioned job descriptions; Benchmarkingagainst other agencies;Benchmarking against other employees with similar education and experience requirements;Meet and confer with employee groups;City Council Approval Enhance Employee Development and
Retention
Administrative
Services ‐ Human
Resources / Library
X X Yes General Fund 0% 0%
Impact of Library Classification and Compensation is included in the FY 2021‐ 2023 Two‐YearBudget; any increases in the current year will be offset by vacancy savings. Currently the Human Resources Division is working with the Library Department to identify a consultant to assist with the study.
20‐EEDR Facilitate recruitments/hiring  for filling  vacant positions TO DO: Administrative Services/Human Resources to continue to find ways to fill vacancies by:Working with Departments to develop key recruitments;Reviewing policy changes needed to expedite hiring process, without impacting quality.

Enhance Employee Development and
Retention
Administrative
Services ‐ Human
Resources / All City
Departments
X X X Yes Staff Time 40% 0%
Staff is currently utilizing the assistance of seasonal part‐time employees from Community Serviceswho are interested in a government career path and gives them exposure to other departments and provides the help needed when vacancies take place.  Additionally, the City Council has approved up to $12,000 bonuses for difficult to recruit positions (e.g. police officers), which is paid over two years and contingent upon continued service to the City. 21‐EEDR Employee Wellness
TO DO: Acknowledging the importance of mental health, theAdministrative Services/Human Resource Division will work to expand programs for Employee Wellness: Intentional programs/ goals to encourage healthy habits; Self‐care options;Planned activities for individuals and families thatencourage healthy habits for mind and body.

Enhance Employee Development and
Retention
Administrative
Services ‐ Human
Resources / All City
Departments
X X X Partial Staff Time 50% 30%
Staff have hosted an all employee wellness and benefits event for each of the past two years.  Additionally, the City has updated its agreements with its employee mental health providers. In the upcoming employee bargaining (all units expire between June 2022 and January 2023), staff will also focus on employee wellness with staff. 22‐EEDR Succession Planning
TO DO: Administrative Services/Human Resources Division and theCity Manager's Office to develop and implement formal succession planning:

Identify Departmental expectations;
Develop a protocol for identify high functioning employees; Enhance Employee Development and
Retention
Administrative
Services ‐ Human
Resources / City
Manager's Office
X X X Partial Staff Time 20% 0%
Over the past two fiscal years, staff have reviewed staffing levels by department to ensure the right mix of positions and outsourced help are in place to meet community expectations and fulfill the City's strategic plan.  Over the next 18‐months, staff will begin the process to formally identify employees with a desire to take the next steps in their careers both in the near‐term and long‐term. 23‐EEDR Explore Childcare and Recreational Opportunities for Children During COVID‐19 TO DO: Work with GUSD/COUSD and employee groups to determine if opportunities exist to assist in facilitating child care and educational opportunities:Initiate all meetings by September 2020; Identify opportunities; Phase in changes on a first come / first serve basis by October 2020 TIED TO: 36‐EMO
Enhance Employee Development and
Retention
Community Services
/ Library /
Administrative
Services ‐ Human
Resources
XX Yes Staff Time/ General Fund 100% 100%
GUSD and the City of Glendora have identified the Teen Center as the first joint project to assist with educational and childcare needs.  GUSD will provide staffing and the City will provide space for 20‐30 high school students.10/2021 update:  Additional educational opportunities:  Library provided resources on Social‐ Emotional Learning and partnered with GUSD on a Wellness Open House.

ENHANCE EMPLOYEE DEVELOPMENT AND RETENTION(EEDR)
EEDR TOTAL=9
3 Item #14. Page 9
Meeting Date: 2/22/2022 / Packet Page #: 171
2020-2023 Three -Year Strategic Plan
February 2022 Update
# GOALS GOAL SUMMARY CURRENT STRATEGIC PLAN GOAL DEPARTMENT(S) FY 20/21 FY 21/22 FY 22/23 FUNDED (Y/N) FUNDING  SOURCE ADDITIONAL COMMENTS  / UPDATES 24‐EMO Update Urban Forestry Manual
TO DO: The Urban Forestry Manual provides for the policies and procedures utilized by City staff in the management and care of all trees located on City owned property and within the City's parkway areas, and in some cases regarding California native species and new developments/private property. This manual provides guidelines and specifications for the pruning, planting,removal and general care for these trees.

Enhance and Modernize the
Organization
Public Works /
Administrative
Services
X X Partial Staff Time / General Fund 10% 0% The manual review will working with Risk Management to mitigate sidewalk claims and Finance on  any changes to fees.  Staff will evaluate the need to utilize a consultant to update the policy. To  prepare for the project, staff is reviewing existing materials and comparing to similar municipalities. 25‐EMO Create a Communication Strategic Plan
TO DO: The Strategic Communications Plan will:Outline communication platforms, when they are utilized and sampleprograms;Provides framework for a Communications Task Force, comprised of multiple departments (e.g. Library and Police); Develops a plan to ensure City's Branding isconsistent and documented.

Enhance and Modernize the
Organization City Clerk X X Yes Staff Time 10% 0%
This initiative is kicking off January 2022 with an estimated completion by June 2022.  Initial outlinehas been written and currently under review.  Developing internal communications assessment survey questions as first step to determining baseline data for long‐term implementation and evaluation, with estimated availability for review end of February 2022. 26‐EMO
Conduct Elections for District 1 and 4 and
Update Council District Boundaries
following 2020 Census.

TO DO: District Elections for November 2021, must:Be held after the completion of redistricting required by the 2020 Census;Redistrict review additional legislation that may require all elections to be held in June;Staff will hold a candidate information session for all interested parties.

Enhance and Modernize the
Organization City Clerk XX X Yes Staff Time and General Fund 50% 20% 2020 REDISTRICTING
Redistricting relating to 2020 Census was completed and the final map for Glendora City Council districts was submitted to Los Angeles County on December 14, 2021. Due to issues created by SB415 and SB 970, the City Council, at its September 14, 2021 meeting, adopted Ordinance 2062 changing the date of the City's General Municipal Election from March of even years to Novemberof even years beginning in November 2022 and adjust City Council terms in office accordingly.  Ordinance was submitted and approved by the Los Angeles County Board of Supervisors on November 2, 2021.  Postcard notification of change of election date was mailed out to Glendoraregistered voters on November 12, 2021.  2020 Glendora City Council Redistricting has beencompleted and the new district maps are available via the City's website, cityofglendora.org/districts
2022 GLENDORA CITY COUNCIL ELECTIONElection for District 1 and 4 will be conducted in November 2022, Resolutions calling election andsetting candidate statement requirements will be taken before the Glendora City Council in July 2022 and then submitted to Los Angeles County. July 18 ‐ August 12, 2022 is the Nomination Period. Los Angeles County  has released that Calendar of Events relating to the November 8, 2022 General Election and is accessible via the City's website, cityofglendora.org/elections or via the Los Angeles County website, lavot.gov/home/voting‐election/current‐elections/upcoming‐election 27‐EMO Sunshine Ordinance for Agendas
TO DO: A Sunshine Ordinance would, clarify and supplement theGlendora Municipal Code, the Ralph M. Brown Act, and the California Public Records Act to assure that the people of Glendora can be fully informed by publishing agenda one week in advance of regularly scheduled public meeting.  Exceptions would be provided foremergency items, and shorter timelines approved by the City Council, where needed.

Enhance and Modernize the
Organization City Clerk XX Yes Staff Time and Legal Review 40% 0% For City Council meetings, in January 2022 staff began transitions to posting the agendas one week(7 days) prior to a meeting.  In February 2022, postings started include all staff prepared attachments, including presentations. Exceptions will be  provided for emergency items, and presentations and/or information from outside sources.Overall Success RatePosted 7 day(s) prior:  8 out of 9 meeting met the 7 day timeframe (94.44%)Posted with all attachments, including presentations: 7 out of 9 meeting were posted with all attachments, including presentations (86.11%)City Council Meeting Success RatePosted 7 day(s) prior: 2 out of 3 meetings met 7 day timeframe (66.67%) Posted with all attachments, including presentations: 2 out of the 3 meetings (66.67%) As staff transitions to a post‐COVID environment, other boards and commissions will also transition to a 7‐day posting requirement and the requirement that postings include all staff prepared attachments, including presentations. Once process is worked out an ordinance will be prepared for City Council consideration.
28‐EMO Citizens Academy Updates
TO DO: The Citizen's Academy Update wouldLook to established a citywide Citizens Academy for all City operations; Additionally, staff would review possible changes to the PoliceDepartment Citizen Academy (e.g. English as Second Language course, frequency of classes, classes aimed at different age groups) Enhance and Modernize the
Organization
City Manager /
Police XX Yes
Staff
Time/General
Fund
50% 30%
Citizen's Academy Classes resumed October 2021. Continued goal to increase frequency to promotecommunity engagement, community relations and transparency. ESL class structure to bedeveloped mid‐2022.

ENHANCE AND MODERNIZE THE ORGANIZATION (EMO)
4 Item #14. Page 10
Meeting Date: 2/22/2022 / Packet Page #: 172
2020-2023 Three -Year Strategic Plan
February 2022 Update
29‐EMO Community Survey Update
TO DO: Conduct biennial Community Survey.  Look at possibility of supplemental surveys for other critical areas, including:

Responsibilities of public libraries, financial structure of public libraries, and how libraries respond quickly to community needs;Homelessness;Public SafetyTIED TO: 56‐ISHS Enhance and Modernize the
Organization
City Manager's
Office X X Yes General Fund 20% 0%
In early 2021, the City Council received an update on an interim Community Survey update that centered around increased homelessness; which is not the number one concern amongst the community.  The updated Community Survey for 2022 is under development.  Staff have met with the City's consultant and will have a draft survey for internal review by April 2022.  Anticipated completion and availability of final survey results are anticipated in June/July 2022. 30‐EMO Medal of Merit Program (Program  Investigation)
TO DO: Within 6 Months, Staff will bring forward a Discussion on:

Current City of Glendora recognition program, noting policies and criteria for awards;Proposed, Medal of Merit Program would  for individual achievement, criteria, number of awards, and other program elements have notbeen discussed; Pending direction, staff will prepare a report and possible administrative policy for council consideration.

Enhance and Modernize the
Organization
City Clerk /
Community Services
X No Staff Time 100% 100%
Medal of Merit Recognition program, policy, and medal design was adopted on April 13, 2021 by Resolution CC 2021‐13 after numerous public meetings involving City Council and Community Services Commission. To date, five medals have been presented; all to Eagle Scouts. 31‐EMO Update to Employee Group Memorandum of Understands (MOUs) TO DO: An updated of MOUs will:

Clarity and consistency across MOUs  ‐ assists with future financial projections, information to employees, and processing payroll; Update to employee group Memorandum of Understands (MOUs) to reflect Tentative Agreements (TA)s and applicable side letters;Include a reorganization of the MOUs to be more userfriendly, searchable, and provide clarification of as much language as possible.

Enhance and Modernize the
Organization
Administrative
Services ‐ Human
Resources
X X Yes Staff Time 80% 0%
Efforts are ongoing to update with all tentative agreements and side letters in a newly organized and searchable format. Once each employee group reviews the updates, the MOU will come to City Council for ratification.
32‐EMO Payroll Modernization
TO DO: Payroll Modernization includes:Successful implementation of paperless paycheck stubs; Development and implementation of HR/Payroll Procedures;Successful implementation of Kronos.                           TIED TO: 59‐EMO Enhance and Modernize the
Organization
Administrative
Services ‐ Finance X X Yes Staff Time 20% 0%
Kronos and current ERP system did not communicate effectively, which required the return to paper as new ERP system process continues.  Since that time, City staff has continued to evaluate the current ERP system and have determined that an upgrade is necessary prior to migration to a new system.  The upgrade of the current system will ensure that payroll and other modules are up to date with required local, state, and federal payroll requirements (e.g. taxes, CalPERS, etc.). The completion of this objective will be combined with conversations about scheduling software and workorder management in the new ERP system.
33‐EMO Business Tax License Municipal Code Modernization TO DO: Modernization of the City's Business License Tax MunicipalCode includes:Contracting with HdL to analyze City's business tax ordinances forimprovements;Propose changes to City Council for consideration; Development of Ordinances necessary to implementchanges.

Enhance and Modernize the
Organization
Administrative
Services ‐ Finance
XX Yes Staff Time and Legal Review 50% 10%
HdL has reviewed the City's Business License Tax Municipal Code and provided recommendations on modernization.  City staff have reviewed the recommendations provided by HdL and will need to make a recommendation to the City Council to move forward with a voter approved initiative to amend tax rates and business categories or move forward with a business fee (not tax) structure and substantial rewrite of the City's municipal code.  This update will be presented to the CityCouncil by June 2022. 34‐EMO Paperless Fair Political Practices Commission (FPPC) Campaign Filings TO DO: Transition all FPPC campaign filings to electronic only. Upload "Active and/or Open" Campaign filings to Netfile;Schedule training for Council Members and Open Committees so they can start utilizing electronic filing for submitting their January 31, 2021 statements.

Enhance and Modernize the
Organization City Clerk X X Yes Staff Time 90% 70%
As of August 2021, all "OPEN COMMITTEES" campaign and disclosure filings were scanned anduploaded into NetFile to provide a centralized location for the public to accessible campaign and disclosure fillings.    Training for filing campaign statements electronically will be organized and scheduled to take place in May, 2022, in anticipation of the upcoming November 2022 election. 35‐EMO Community Partner Coordination
TO DO: Work to identify areas of Community Coordination with key partners, including:

Partner with Coordinating Council to
acknowledge/celebrate/information the community about the greatwork of community members;Work with GUSD and COUSD to identify shared needs/goals;Work with APU and Citrus College to identify opportunitiesfor partnerships.

TIED TO: 36‐EMO
Enhance and Modernize the
Organization City Manger's Office X X X Yes Staff Time 50% 20% Staff has met with Citrus College, APU, COUSD, and GUSD about areas to partner.  Possible partnerships include future counseling services and expanded shared resources with GUSD and COUSD (e.g. fields, facilities, programs).  In the past six months, the City and GUSD have entered into two MOU's to assist with Glendora Youth Soccer's availability to access restrooms at school facilities and for the City's Youth Basketball Program to operation at with GUSD Middle Schools.

Both MOU's centered around assuring that COVID protocols were followed (e.g. cleaning, masking, etc.) and all costs were paid by the City.
36‐EMO Glendora Unified School District Memorandum of Understanding TO DO: Collaborate with Glendora Unified School District on thecreation of a Memorandum of Understanding (MOU) to explorechanges and clarify services related to: Joint Use Agreement for facilities;Crossing Guards;  School Resources Officer(s); Library Services; Complete inventory and any initial legal analysis of existing agreements;Meeting with School Districts to explore, clarify, an identify next stepsTIED TO: 23‐EEDR & 35‐EMO Enhance and Modernize the
Organization
Community Services
/ Library / Police /
City Attorney/Public
Works
X X X Yes Staff Time 20% 10%
Due to the COVID‐19 pandemic and administrative staffing changes at GUSD, progress on the new MOU has been slower than anticipated.  To date, staff has performed a site walk with the previousGUSD administration and have come to agreement on indemnification language.  Despite delays, the City and GUSD were able to agree upon the terms of a related MOU for bathroom use at school sites for Glendora Youth Soccer and for gym use at the junior high facilities for Glendora Youth Basketball.
5 Item #14. Page 11
Meeting Date: 2/22/2022 / Packet Page #: 173
2020-2023 Three -Year Strategic Plan
February 2022 Update
37‐EMO Short Term Rental Program
TO DO: Explore, Benchmark, and Propose a Short Term
Rental Program that:Addresses community concerns related to party‐houses; Establishes a"Good Neighbor Policy";Develops and Identifies program requirements and programadministration;Review related municipal code sections to strengthen tools available to address nuisance properties (e.g. party‐ homes);  Develop a short‐term rental ordinance;Work with a company to run the short‐term rental program; Incorporate Business License requirements, where
applicable.

Enhance and Modernize the
Organization
Community
Development / Police
/ Administrative
Services ‐ Finance
X X Yes Staff Time 100% 90%
City Council, after robust discussion, adopted an urgency ordinance in 2020 adopting short‐term rental guidelines, including a Good Neighbor Policy.  Review of the short‐term rental program also included staff adding additional tools to public safety staff through an increased penalty structurefor "party houses" (private and STRs).  In December 2021, the City Council adopted an ordinance amending STR regulation by adding a requirement for exterior signs, reducing daytime guest hours,and limiting the number of permits to one per parcel. The amended regulations go into effect in February 2022. 38‐EMO Review of Animal Control Program with Inland Valley Humane Society TO DO: Review of Animal Control Program will include: License Process;Success of Amnesty Program;Status of unified fee structure of IVHS;Summary of alternative options for animal control services; Review of cost structure implemented by IVHS; Review of license revenue, including late fees;Review of licensing canvassing program; Summary of services provided by IVHS;Addressing community concerns Enhance and Modernize the
Organization Police X X Yes Staff Time 100% 100%
Comprehensive review was completed and presented to the City Council on December 8, 2020.  IVHS and City Staff have a continued goal to adopt a unified municipal code (amongst all IVHS contract cities) as well as a unified fee structure.  As an add on, in March 2022, the City Manager will make a recommendation to the IVHS Board that a technical advisory committee (TAC) of City Manager's from each IVHS member agency be established.  The TAC would be utilized to better understand current challenges and future changes to IVHS and subsequent service delivery challenges to agencies. 39‐EMO Create a Coyote Management Plan
TO DO: Development of a Coyote Management Plan in Conjunction with IVHS and State of CA Fish and Wildlife; The intent of the plan is to provide guidance for staff and the Glendora community in managing coyotes and expectations;Policy will require City Council consideration.

Enhance and Modernize the
Organization Police XX Yes
Staff
Time/General
Fund
100% 50%
After robust public feedback and partnerships with Fish and Wildlife and IVHS, a comprehensiveCoyote and Wildlife Plan was adopted in late 2020.  Additionally, staff has recently joined the SGV COG Coyote Management  Agreement. which will reduce most if not all staff time related to thetracking, mapping and community engagement/access to coyote management programs and services. Website link to be updated by December 2021, with an update to City Council in January 2022.
40‐EMO
Glendora Public Library Friends Foundation
Memorandum ofUnderstanding
TO DO: Work with Friends Foundation to established an updated MOU.

Enhance and Modernize the
Organization
Library / City
Attorney
XX Yes
Staff Time and
Legal
Review
100% 70%
Foundation and City staff have exchanged draft changes over the past 18‐months. Representatives from City Council, Foundation, City administration, legal counsel, and Library administration have been conferring over final points of clarification.  Staff anticipates presenting an MOU to the City Council for consideration in January 2022.  GPLFF and Library Board recommended approval by Council, which occurred at the January 25 Council meeting.  As of February 11, documents are in the hand of Foundation for signing. 41‐EMO Administrative Manual Policy Update
TO DO: The City's current administrative manual policy is outdated.  To update the policies, staff must:Work with each City department on polices applicable to their area;Research, benchmark, and  review for conformance with existing systems, rules/regs, etc.;Meet and confer with employee groups, where necessary;Seek City Council approval, where necessary.

Enhance and Modernize the
Organization
City Clerk / All
Departments
XX X Yes Staff Time and Legal Review 10% 0%
Received approval in FY2021‐22 budget to utilize a Policy Management Software, this project is scheduled to kick‐off in January 2022.  Kick‐off meeting has been scheduled for  February 16, 2022 to review the City's current "Administrative Manual" and its policy structure for other areas of the City (e.g. City Council policies, administrative policies, personnel policies, financial policies, etc.). 42‐EMO Use of Force Policy Changes
TO DO: Use of Force Policy Changes, includes:Advocating for a comprehensive review process, involving a spectrum of stakeholders, across all agencies in California;  Adopt any legislative changes; Enhance and Modernize the
Organization Police XX X Yes Staff Time and Legal Review 100% 100% Completed, with on‐going into 2022/2023. New legislation such as SB2 will have local impacts on the Police Department. Body Worn Cameras as an approved budget item in adopted budget, pairedwith Use of Force Policy Changes, enhances public trust and transparency while providing modernization (reaching industry standards). 43‐EMO Provide Enhanced Activities For Seniors and  Youth TO DO: During COVID‐19, staff is currently reviewing all classes and offering to determine:How best to provide classes to 14 of fewer individuals; Possibility of adding Snow Day;Options to continue to annual Halloween event; Leverage grant and fundraising opportunities; Attract/sponsor new civic/community events that center on a variety of cultural celebrations.

Enhance and Modernize the
Organization Community Services X Yes Staff Time 100% 100% Staff offered Recreational classes outdoors in adherence with current LA County Department ofPublic Health Guidelines. Staff members created 2 new classes, led by recreation staff which encouraged kids 6‐12 to get outside and be active. One class had PE type games and activities each class, the other class was an outdoor hiking club. Events that were added/changed due to restrictions were: drive‐thru Easter, drive‐thru Earth Day, Virtual 4th of July Home Decorating Contest, drive around monster hunt, Virtual Halloween Costume Contest, Virtual Halloween Home Decorating Contest, Santa Express drive‐thru, Virtual Christmas Tree Lighting. For Seniors, we offered an online Coffee & Chat where seniors met once a week to stay connected. When they were able to come back in person, we started offering an in person Coffee & Tea on the porch of the La Fetra Center. The Nutrition Program pivoted to a drive‐thru once a week lunch pick up with 2 box lunches and 3 frozen lunches.
44‐EMO Establishment of Technology Governance Board
TO DO: Establishment Technology Governance Board  will include key stakeholders from each department that meet regularly to guide the City’s current and future technologyneeds.                                                         TIED TO: 47‐IMCIF, 59‐EMO, & 60‐EMO Enhance and Modernize the
Organization
IT / Add
Departments X X X Yes Staff Time 100% 20%
The Technology Committee has been established and staff members from each City Department have been identified. The first meeting occurred in the middle of February and will continueproviding updates to the Executive Team on recommendation and future investments needed. 6 Item #14. Page 12
Meeting Date: 2/22/2022 / Packet Page #: 174
2020-2023 Three -Year Strategic Plan
February 2022 Update
45‐EMO Agreement for Supplemental Technology  Services
TO DO: The Technology Division will work with City
departments to:Identify ongoing funding for as‐needed technology services; Identify services needed to better utilize and expand existing software capabilities;Identify services needed to provide recommendations on specific needs (e.g. new workflows, report writing, etc.)TIED TO:  14‐IFSS, 44‐EMO, 47‐IMCIF, 59‐EMO & 60‐EMO Enhance and Modernize the
Organization IT / All Departments XX X Yes Staff Time and IT Fund 50% 10% While the City undertakes several large technology projects (e.g. ERP and Land Management), staff  has included budget for supplemental staffing services to provide assistance with implementation, optimizations, and ad‐hoc services (e.g. report writing, future system integrations, etc.). 58‐EMO Update City Council Meeting Rules
TO DO: Review City Council meeting rules with the City Council to determine what changes are necessary.

TIED TO: 41‐EMO
Enhance and Modernize the
Organization City Clerks Office X X Yes Staff Time 100% 100% City Council met on several occasions to review public meeting protocols and inconsistency with council policy (Resolution 07‐17) and current practice.  During this review changes there were 6 major areas of consideration: i) Council Directives; ii) Public Meeting Regulations and Governing Proceedings; iii) Protocol Inconsistencies; iv) Discussions with City Attorney and City Manager; v)Provide Flexibility and Increase Productivity; and, vi) COVID Pandemic, Restrictions and Available Technologies.  Changes incorporated related to: 1) meeting curfew; 2) Community recognitions; 3) Order of Business; 4) Rules of Parliamentary Procedure; 5) City Council Regular Meetings; and 6) Protocols apply to all City of Glendora Boards, Commissions and/or Committees. In February 2021, Ordinance No. 2058 and Resolution CC 2021‐02 were adopted which established new rules for the conduct of public meetings, proceedings and business and went into effect starting April 2021. 59‐EMO ERP System Implementation
TO DO: Replacement of the City's existing enterprise resource planning system (ERP), which typically includes finance, budgeting, purchasing, human resources, payroll, central cashiering, AR/AP, and related functions.TIED TO: 47‐IMCIF & 60‐EMO
Enhance and Modernize the
Organization
Administrative
Services / IT X X X Yes Fund 321 10% 0% Request for Proposal is near completion to be released at the beginning of March 2022. Based on  current timelines, staff anticipates selecting a vendor by August 2022. 60‐EMO Land Management/Permitting System Implementation TO DO:  Replacement of City's Land Management/Permitting System, which typically includes online plan submittal,Planning/Building/Engineering permits, Code Enforcement, Special Permits, Right‐of‐Way permits, integration with GIS system, other land development approvals.TIED TO: 47‐IMCIF & 60‐EMO Enhance and Modernize the
Organization
Community
Development / IT X X X Yes Fund 321 20% 10%
The RFP for a new permitting and land management system was issued in December 2021.

Proposals are due on February 23, 2022. Selection of a vendor is scheduled to be completed by June 2022, with implementation of a new system to carry on through the year. The anticipated "go‐ live" date early to mid 2023.
61‐EMO Comprehensive Alley Way Review
TO DO: Complete an assessment of alley ways; mapping, delineation, community input, stakeholder input, develop local legislation to address findings, which may include an enforcement and community outreach component.TIED TO:  29‐EMO Enhance and Modernize the
Organization
Police Department /
Public Works XX Yes
Staff Time and
Legal Review 100% 70%
Comprehensive review presented to City Council over several sessions. After council direction, local legislation (a Glendora Municipal Code) was authored, presented and approved by council. Codewill become in effect and enforceable November 24, 2021. Continued community education and outreach will occur for another 30 days (warnings) before the full enforcement strategy will commence.

EMO TOTAL=26
7 Item #14. Page 13
Meeting Date: 2/22/2022 / Packet Page #: 175
2020-2023 Three -Year Strategic Plan
February 2022 Update
# GOALS GOAL SUMMARY CURRENT STRATEGIC PLAN GOAL DEPARTMENT(S) FY 20/21 FY 21/22 FY 22/23 FUNDED (Y/N) FUNDING  SOURCE ADDITIONAL COMMENTS  / UPDATES 46‐IMCIF Updated Capital Improvement Plan (CIP)
TO DO: Develop a 1, 2, 5 and 10 ‐ year Capital Improvement Plan (CIP):

Prioritization of projects based on facility/technology/infrastructure assessments, community needs and City Council input; Identify available funding sources; Establish realistic completion timelines.

TIED TO: All items under IMCIF
Improve and Maintain the City's
Infrastructure and Facilities
Administrative
Services ‐ Finance
/ Public Works
X X X Partial Various 80% 10%
Development of the updated CIP has leveraged other City plans (e.g. facility assessment, quality of streets, technology needs, assessment of water assets), including the identification of funding sources.   A comprehensive update of the CIP was presented to Council on November 9, 2021, with a follow‐up on January 11, 2022.  Through identified efficiencies. staff was able to move forwardseveral water and street projects to begin work two years early.  Additionally, the City has adopted an On Call Consultant List and process to further streamline project delivery.  During the Mid‐Cycle budget review in June 2022, the City Council will have the ability to further amend the CIP to fund additional projects.
47‐IMCIF Evaluate Technology Needs
TO DO: Evaluation of Technology projects will include: Kronos (time keeping);network/wi‐fi upgrades;Library mobile app (greater access to information/materials);Infosend (utility billing print/mail, online services, automated phone payments)Trackit Upgrade (permitting system);
Geographic Information System (GIS) implementation; Electronicrecords management system (EDMS) TIED TO: 44‐EMO, 45‐EMO, 46‐IMCIF, 59‐EMO & 60‐EMO
Improve and Maintain the City's
Infrastructure and Facilities
Administrative
Services ‐ Finance
/ IT
XX X Yes Various 80% 20%
COVID‐19 has highlighted a number of technology needs and changes. Almost all major systems are in need of a replacement or upgrade, including ERP and Land Development; the City was able to set aside money to fund these critical projects as part of FY 2021‐2023 Two‐year Budget. Investment in technology is crucial to future operations and the City's ability to better serve the community.Since the last update, further identification of the City's needs, including better internet data capacity, Wi‐Fi, GIS and a Library App have all been funded and moved forward as active project.

The evaluation of technology needs is substantially complete; however, the process is always ongoing.
48‐IMCIF Evaluate City Facility Needs
TO DO: Evaluation of City Facility projects includes: Additional requirements/upgrades needed for COVID‐19 compliance to maximize use and re‐open to the public; Completion of space planning and City facility need assessment;La Fetra Center, Teen Center, Legion Building, Scout Hut, Youth Center;Library, both from a service, space utilization and technology standpoint.TIED TO: 46‐IMCIF, 47‐IMCIF & 62‐IMCIF
Improve and Maintain the City's
Infrastructure and Facilities
Administrative
Services ‐ Finance
/ Public Works /
Community Services
/ Library
X X X Partial Fund 321 20% 0%
Many City facilities are aging and in need of modernization.  Changes include those vital to operational effectiveness, safety, and future needs.  Many items for facility needs, will have a corresponding technology need as well. Staff his currently evaluating the pros and cons of utilizing cooperative purchasing agreement opportunities versus conducting a formal RFP process.

Anticipate recommending award April 2022, with completion of assessment by November 2022. 49‐IMCIF Evaluate Other Infrastructure Needs
TO DO: Evaluation of Other Infrastructure needs includes: Review ofupdated road quality/scoring reports (consolidate w/CIP);   Review of needs for open space assets, including, South Hills, Big Dalton, and Urban Trail; Pursue funding to complete Phases 2 and 3 of San DimasWash, and a new trail utilizing Big Dalton Wash.GOAL DATE:TIED TO: 46‐IMCIF & 51‐IMCIF Improve and Maintain the City's
Infrastructure and Facilities
Administrative
Services ‐ Finance
/ Public Works /
Community
Development
X X X Partial Various 40% 10%
Staff has secured approximately 50% of the funding for the People Movement Project including Glendora/Foothill Boulevard improvements, San Dimas/Big Dalton/Little Dalton wash urban trailprojects. Staff will continue to pursue opportunities to share the benefits of Urban Trails with thecommunity. 50‐IMCIF Gladstone Park Splashpad and Renovation
TO DO: Work with Public Works to renovate Gladstone Park with anew splash pad, covered picnic shelter, expanded parking lot, and new playground surfacing.TIED TO: 46‐IMCIF Improve and Maintain the City's
Infrastructure and Facilities
Public Works /
Community Services XX Yes Various 50% 20%
Gladstone Park improvements will require a combination of grant funds (e.g. Prop 68), future grant opportunities (e.g. Measure A), Measure E, and Water Fund.  The improvement will require a phased approach, beginning updates to playground equipment to ensure equal play opportunities for all children. This project has been funded in the FY 21‐22 Capital Improvement Projects. The splashpad portion of the project has been put on hold for now due to the California drought.  In lieu of this development, staff is proceeding with the demolition of the existing tank and surrounding parking lot improvement, which required revised plans and engineering. the project will createadditional parking, but will reserve available space in the event that another tank will need to be installed. Public bid opening for reservoir removal and parking lot improvements construction is on February 24, 2022. 51‐IMCIF First Mile Last Mile (FMLM) Improvements
TO DO: Pursue grant funding for Glendora Avenue, Ada Avenue, and Foothill Blvd. improvements. The first project is Glendora Avenue, with a goal to complete construction prior to Gold Line Phase 2B commencing passenger service (2025/2026).TIED TO: 46‐IMCIF & 49‐IMCIF Improve and Maintain the City's
Infrastructure and Facilities
Community
Development / Public
Works
X X X Partial TBD 20% 10%
Staff has secured approximately $6 million in funding for the People Movement Project including Glendora/Foothill Boulevard improvements, San Dimas/Big Dalton/Little Dalton wash urban trail projects. Design and construction plans for the San Dimas Wash and Glendora Avenue to becompleted in 2022, with construction to occur in 2023.  Additionally, Staff is working with the Gold Line Authority to design and construct improvement along Ada Ave, which include additional drop‐ off locations and FMLM connectivity.
52‐IMCIF Historic Street Lights
TO DO: Initial project cost estimates ranged between $1.5 ‐ 3 million depending on updated engineering drawings and allowable methodsused.TIED TO: 46‐IMCIF Improve and Maintain the City's
Infrastructure and Facilities
City Council / Public
Works X X X Partial Fund 321/TBD 10% 0%
Through the State's appropriation process, Senator Portantino worked to secure $1.5 milliontowards this project. Initial design is underway. 65% plans, to include anticipated construction scope and construction cost estimate, expected to be completed in March 2022.  Based on information from design work, staff will return to the City Council for further direction, including funding identification, 218 process for addition of the lights to lighting assessment district, and general timelines.
53‐IMCIF Review Signage Requests
TO DO: Review opportunities for enhanced signage in the Downtown area by:Replacing/refurbishing Historical District sigs; Exploring "Glendora"arches at gateway locations (e.g. Glendora Avenue);Updating Civic Center signage needs;Review Gold Line (L‐Line) Station Signage Plan;TIED TO: 46‐IMCIF Improve and Maintain the City's
Infrastructure and Facilities
Community
Development / Public
Works
X Partial Fund 321 10% 0% Project will commence in FY 2022‐23.  Currently, staff is keeping an inventory of signage needs for discussion.

IMPROVE AND MAINTAIN THE CITY'S INFASTRUCTURRE AND FACILITIES (IMCIF) 8 Item #14. Page 14
Meeting Date: 2/22/2022 / Packet Page #: 176
2020-2023 Three -Year Strategic Plan
February 2022 Update
54‐IMCIF Transportation Fleet and Infrastructure  Modernization TO DO: Continue to update the City's Transportation Fleetand capabilities by:Using grant funding to acquire one zero‐emission large van; Using grant funding to acquire two dial‐a‐ride vans; Using grant funding to acquire/implement new dispatching software;Identify funding and opportunities to expand electric vehicle charging infrastructure.TIED TO: 46‐IMCIF Improve and Maintain the City's
Infrastructure and Facilities
Community
Development X X X Partial Grants and  Trans. Funds 20% 20% Staff is awaiting grant funding from the South Coast AQMD regarding purchase of EV chargers and installation. SoCal Edison has provided agreement for ChargeReady Transport Program. One electric bus is in production and second can be procured during execution of SoCal Edison agreement. Two replacement dial‐a‐ride vans were purchased and placed into service. Two additional replacement vans are in procurement. Dispatching software is in development. 62‐IMCIF Council / Meeting Chambers Remodel
TO DO: Expand and modernize the City's City Council Chambers:

Increased capacity;                                            Updated lighting, audio and visual equipment; Expanded outdoor waiting area for larger audiences;            Address possible ADA issues.

TIED TO: 48‐ IMCIF
Improve and Maintain the City's
Infrastructure and Facilities Public Works XX Yes Fund 321 / ARPA 10% 0% Staff will be requesting design proposals from qualified consultants from the On Call consultant list. With drawings and City Council input, construction will likely commence by late 2022.

IMCIF TOTAL ‐ 10
9 Item #14. Page 15
Meeting Date: 2/22/2022 / Packet Page #: 177
2020-2023 Three -Year Strategic Plan
February 2022 Update
# GOALS GOAL SUMMARY CURRENT STRATEGIC PLAN GOAL DEPARTMENT(S) FY 20/21 FY 21/22 FY 22/23 FUNDED (Y/N) FUNDING  SOURCE ADDITIONAL COMMENTS  / UPDATES 55‐ISHS Develop a Sub‐Regional Homeless Housing
Program
TO DO: The San Gabriel Valley can be broken up into sub‐ regions.  As it relates to homelessness, the Foothill communities of Glendora, SanDimas, Glendora and Claremont are considered a sub‐regional for this project. Staff will work with the County of Los Angles, LAHSA, State ofCalifornia, and local agencies to develop a sub‐regional homelessness strategy, including short‐term and long‐termhousing options.

Implement Strategic Homelessness
Solutions
Community Services
‐ Human Services
X X X Partial TBD 30% 0%
Staff is working with the County of Los Angeles and LAHSA to provide funding, both capital and operational for future projects. Staff worked with the cities of La Verne, San Dimas, and Claremonton the project, but were unable to gain assurances on the project deliverables from each City (e.g. guaranteed emergency beds, access center, etc.).  Additionally, this project seems to have taken a backset to the Blue Ribbon Commission on Homelessness.  The City Manager and Assistant City Manager testified before to the commission on November 3, 2021 and that testimony has beenutilized in the draft recommendations, which includes more funding to local agencies. 56‐ISHS Update Homelessness Strategic Plan
TO DO: The City's Homelessness Strategic Plan was developed in 2017 and 2018.  Since that time, many changes have occurred at funding level (e.g. LAHSA Measure H grants), case law level (e.g. Boise), and City level (e.g. Hotel/Motel Housing).  Updates will provide clarify into specific strategic initiatives over the next 3‐5
years.

Implement Strategic Homelessness
Solutions
Community Services
‐ Human Services
X X Yes Staff Time 20% 0%
Staff will work with the County of Los Angeles, LAHSA, and the SGVCOG to determine if additional Measure H funds are available for this project.  Update is in progress.  The Homeless initiative haschanged their number of strategies to simply the process.  However, in the interim, staff have completed a community survey on homeless and performed its own PIT count to better understand the City's homeless community and their needs. 57‐ISHS Supplement Homeless Operations
TO DO: Continue to apply and secure grants and other forms offunding for the needs of Glendora's homeless community.  Grant opportunities may include temporary housing, permanent housing,job programs, and transportation.  Additionally, continue therelationship with LA County Department of Mental Health to facilitatethe MET program and other similar related programs.

Implement Strategic Homelessness
Solutions
Community Services
‐ Human Services
XX X Yes
Staff Time /
Grant Funding /
ARPA
50% 0%
In August 2020, Los Angeles County Department of Mental Health (DMH) partnered with Community Services to address mental illness follow up with housed  homeless. As of September 2020, MET is back up and running for patrol interactions, while grant funding is available. TheHuman Services/Homeless staff, Glendora Police Department, MET team, LAHSA, Union Station Homeless Services has been having monthly meeting with LA County Department of Mental Health on 10‐12 individuals that are homeless and have severe mental health problems.  Additional operations the City has undertaken are regular encampment clean‐ups and service delivery to thoseimpacted individuals, purchase of a vehicle to assist with transportation and service delivery,independent PIT, long‐term agreements with motels for access to rooms for emergency beds, and investigation of a change of service providers from Union Station to a company with access to a guaranteed number of emergency shelter beds.

IMPLEMENT STRATEGIC HOMELESSNESS SOLUTIONS (ISHS)
ISHS TOTAL=3GRAND TOTAL=62
10 Item #14. Page 16
Meeting Date: 2/22/2022 / Packet Page #: 178
Strategic Planning Quarterly
Update
City Manager’s Office
City Council
Item #
February 22, 2022
Adam Raymond, City Manager
CityOfGlendora.org
Item #14. Page 17
Meeting Date: 2/22/2022 / Packet Page #: 179
2 BACKGROUND
• July 2020, the City Council, City staff, City
Attorney, and representatives from the City’s board
and commissions met to discuss the City’s current
2019-2022 Strategic Plan
o Focused on long-term COVID-19 recovery and the
importance to align future objectives and tasks with
the upcoming creation of the FY 2021-2023 Two-Year
Budget
Item #14. Page 18
Meeting Date: 2/22/2022 / Packet Page #: 180
3 BACKGROUND
• October 2020, the City adopted the Strategic Plan
for Fiscal Years 2020-21 through FY 2022-23
(2020-2023 Strategic Plan)
o March 2021, Strategic Plan update to City Council
o June 2021, City Council adopted FY 2021-2023 TwoYear Budget (incorporated the strategic plan goals/objectives)
o November 2021, Strategic Plan update to City Council
Item #14. Page 19
Meeting Date: 2/22/2022 / Packet Page #: 181
4 2020-2023 STRATEGIC PLAN GOALS
• Increase financial stability and sustainability (FINANCIAL) • Enhance and modernize the organization (MODERIZATION) • Improve and maintain the City’s infrastructure and facilities (INFRASTRUCTURE)
• Implement strategic economic development (ECONOMIC
DEV.)
• Enhance employee development and retention (EMPLOYEES) • Implement Strategic Homelessness Solutions
(HOMELESSNESS)
Item #14. Page 20
Meeting Date: 2/22/2022 / Packet Page #: 182
5 GOAL SUMMARY
City Council adopted 57 objectives/tasks be
considered over the next three fiscal years. Five
additional items have been added, total of 62
• FINANCIAL – 8
• MODERIZATION – 26
• INFRASTRUCTURE – 10
• ECONOMIC DEVELOPMENT – 6
• EMPLOYEES – 9
• HOMELESSNESS – 3
Item #14. Page 21
Meeting Date: 2/22/2022 / Packet Page #: 183
6 QUARTERLY UPDATE CHAGNES
• Based on City Council feedback, the Quarterly Update of the 2020-2023 Strategic Plan has been modified to include a Summary Page
o List of all items
§ Status (completed, in-progress, not started)
§ % complete (10% increments)
§ Change from last update
§ Funding (type or status)
• Detailed report, still included
Item #14. Page 22
Meeting Date: 2/22/2022 / Packet Page #: 184
7 QUARTERLY UPDATE SUMMARY
• Of the 62 objectives/tasks
o 42 items showed progress made
o 5 items were unchanged
o 15 items are completed
Item #14. Page 23
Meeting Date: 2/22/2022 / Packet Page #: 185
8 GOAL HIGHLIGHTS
• FINANCIAL
o Recaptured COVID-19 lost revenues (12-IFSS)
o Sierra Madre Landscape District analysis is
complete (7-IFSS)
o Water rate study is underway (8-IFSS)
Item #14. Page 24
Meeting Date: 2/22/2022 / Packet Page #: 186
9 GOAL HIGHLIGHTS
• MODERNIZE
o Communication Strategic Plan is underway (25-
EMO)
o District Boundaries finalized and District elections
have been moved to November (26-EMO)
o Citizens Academy has been restarted (28-EMO)
o Community Survey under development (29-EMO)
o Short-Term Rental Program was re-evaluated for
chagnes (37-EMO)
Item #14. Page 25
Meeting Date: 2/22/2022 / Packet Page #: 187
10 GOAL HIGHLIGHTS
• MODERNIZE
o ERP/Land Development Systems RFPs are issued
and/or under development (59 and 60-EMO)
o Sunshine Ordinance – City Council meeting
materials, including presentation are being
published a week in advance (27-EMO)
Item #14. Page 26
Meeting Date: 2/22/2022 / Packet Page #: 188
11 GOAL HIGHLIGHTS
• INFRASTRUCTURE
o Capital Improvement Plan Process
Enhancements (46-IMCIF)
o People Movement Project funding and advocacy
efforts have been successful (51-IMCIF)
o Historic Street Light Assessment, project cost
estimates and design are underway (52-IMCIF)
Item #14. Page 27
Meeting Date: 2/22/2022 / Packet Page #: 189
12 GOAL HIGHLIGHTS
• INFRASTRUCTURE
o Gladstone Park Splashpad and Parking Lot
Renovation – Parking lot and playground
equipment improvements are underway;
splashpad on hold due to drought (50-IMCIF)
Item #14. Page 28
Meeting Date: 2/22/2022 / Packet Page #: 190
13 GOAL HIGHLIGHTS
• ECONOMIC DEVELOPMENT
o Housing Element was submitted for a second
round of review (1-IESD)
o SB2 planning grant projects underway (6-IESD)
Item #14. Page 29
Meeting Date: 2/22/2022 / Packet Page #: 191
14 GOAL HIGHLIGHTS
• EMPLOYEES
o Significant improvement in recruitment efforts
during COVID-19 (20-EEDR)
Item #14. Page 30
Meeting Date: 2/22/2022 / Packet Page #: 192
15 GOAL HIGHLIGHTS
• HOMELESSNESS
o Engaged local agencies on a sub-regional
housing project (55-ISHS)
o Completed enhanced PIT Count and provided
BRCH testimony (57-ISHS)
Item #14. Page 31
Meeting Date: 2/22/2022 / Packet Page #: 193
16 FUTURE UPDATES
• Items for City Council Consideration
o A long-term Strategic Plan allows for integration into the budget process and staff work plans
§ What gets get funded, gets done
§ What gets documented, gets worked on timely
o To Adopt or not to adopt a Strategic Planning Policy
§ Process for adding/removing items items
§ Process to re-evaluate goals/objectives
§ Individual Councilmember requests
§ Frequency of goal/objective review
§ Review of Mission Statement, Vision Statement, Core Values Item #14. Page 32
Meeting Date: 2/22/2022 / Packet Page #: 194
17 QUESTIONS
www.CityofGlendora.org/StrategicPlan
Item #14. Page 33
Meeting Date: 2/22/2022 / Packet Page #: 195
18 RECOMMENDATION
• That the City Council:
o Receive the February 2022 Quarterly Update of
the 2020-2023 Three-Year Strategic Plan and
provide input on future strategic planning
sessions and updates.

Item #14. Page 34
Meeting Date: 2/22/2022 / Packet Page #: 196

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: FEBRUARY 22, 2022
FROM: PUBLIC WORKS DISTRICTS: CITYWIDE
SUBJECT: UPDATE ON LANDSCAPE MAINTENANCE DISTRICT NO.1 POTENTIAL BALLOT PROCEEDING (STRATEGIC PLAN ITEM 7-IFSS)

RECOMMENDATION
That the City Council:

1. Provide direction on which zones to conduct a Proposition 218 assessment district ballot proceeding:
and

2. Authorize the Administrative Services Director to make the necessary budget appropriations.

EXECUTIVE SUMMARY
Each fiscal year, the City establishes Landscape Maintenance District No. 1 (District) assessments based on an estimate of the cost to maintain, operate and service the improvements needed within the various zones of the District. The City provides landscaping services such as grounds maintenance, tree service, irrigation repairs, plant/shrub maintenance and replacement, as well as litter removal.

The District is not a separate entity of the City. It is a financing vehicle utilized when the development of a neighborhood in the community is identified to specifically benefit from certain improvements. Due to this special benefit, property owners within the District are assessed the costs of ongoing maintenance in these common areas. Following an unsuccessful ballot proceeding within the District in Fiscal Year (FY) 2018/19, four zones were removed from the District. Properties within these zones ceased to have an assessment levied, and assessment-funded services ceased.

In advance of considering the placement of a measure on the ballot to have the zones rejoin the District, surveys were mailed to residents in an attempt to evaluate likely interest. Based on the results of this survey, staff is requesting direction on which zones to conduct a Proposition 218 assessment district ballot proceeding and authorize the Administrative Services Director to make the necessary budget appropriations to implement the City Council’s direction.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The City of Glendora annually levies and collects special assessments for the City’s maintenance assessment district designated as Landscape Maintenance District No. 1 (District). The purpose of this District is to provide thorough annual assessments, and funding for the ongoing operations, maintenance and servicing of landscape improvements and services in various zones throughout the City. These improvements provide special benefits to the levied property owners in the respective zones, and every zone is assessed at a different rate depending on the level of service it receives.

In FY 2018/19, the District was comprised of 11 distinct zones. The majority of these zones were not funded sufficiently for ongoing operations, maintenance and servicing of landscape improvements. In order to fully fund these services, it was necessary to increase assessment revenues, which under Proposition 218, requires the support of affected property owners within each zone through a ballot proceeding conducted under the provisions of the State of California Constitution, Article XIII D.

Item #15. Page 1
Meeting Date: 2/22/2022 / Packet Page #: 197
Ballot measure proceedings for a rate increase were conducted, and majority protests were received for the four zones below.

Zone # Location / Name
2 TR. 30556 / W. Sierra Madre
3 TR. 32314 / Banna/Arrow Hwy
11 TR. 43558 / Kregmont
15 TR. 45271 / Greenfield Court
As a result of the majority protest, assessment levies in these four zones ceased, and services formerly provided were discontinued due to insufficient funding.

Since this action, there have been inquiries about conducting a new ballot proceeding to reincorporate these four zones into the District. At the December 14, 2021, City Council meeting, staff presented initial information regarding a potential ballot proceeding. The City Council subsequently directed staff to conduct additional historical research on these zones and return with this information.

DISCUSSION
Survey Results
In advance of considering the placement of a measure on the ballot to have the zones rejoin the District, staff contracted Willdan Financial Services to conduct a by mail survey of the property owners in the four zones to gauge interest in reincorporating these areas to the District. The results of these surveys are noted in the tables below by zone.

Zone 2 - TR. 30556 / W. Sierra Madre Yes No % Yes % No
# Mailed
Surveys 102 Are you interested in going through a balloting process in order to rejoin the LMD? 14 19 42.42%57.58% # Returned
Surveys 33 Are you willing to pay a tax increase to maintain/improve your zone? 17 16 51.52%48.48% % Returned
Surveys 32.35% Are you interested in attending virtual meetings to discuss this further? 10 23 30.30%69.70% Zone 3 - TR. 32314 / Banna/Arrow Hwy Yes No % Yes % No
# Mailed
Surveys 80 Are you interested in going through a balloting process in order to rejoin the LMD? 13 15 46.43%53.57% # Returned
Surveys 28 Are you willing to pay a tax increase to maintain/improve your zone? 12 16 42.86%57.14% % Returned
Surveys 35% Are you interested in attending virtual meetings to discuss this further? 11 17 39.29%60.71% Item #15. Page 2
Meeting Date: 2/22/2022 / Packet Page #: 198
Zone 11 - TR. 435\58 / Kregmont Yes No % Yes % No
# Mailed
Surveys 28 Are you interested in going through a balloting process in order to rejoin the LMD? 5 4 55.56%44.44% # Returned
Surveys 9
Are you willing to pay a tax increase to
maintain/improve your zone? 5 4 55.56%44.44%
% Returned
Surveys 32.14% Are you interested in attending virtual meetings to discuss this further? 2 7 22.22%77.78% Zone 15 - TR. 45271 / Greenfield Court Yes No % Yes % No # Mailed
Surveys 17 Are you interested in going through a balloting process in order to rejoin the LMD? 5 1 83.33%16.67% # Returned
Surveys 6
Are you willing to pay a tax increase to
maintain/improve your zone? 5 1 83.33%16.67%
% Returned
Surveys 35.29% Are you interested in attending virtual meetings to discuss this further? 4 2 66.67%33.33% Additional Zone Information
The City Council requested additional information on the inception of the zones, ownership of the parcels formerly maintained, estimated costs to renovate these areas, and estimated costs to fund ongoing maintenance. All areas are City owned parcels except Zone 2 - TR. 30556 / W. Sierra Madre, which is a strip along the back of the private parcels where they abut the ROW.

The estimates provided include both direct and administrative costs. The cost estimates for renovation were generated assuming the improvements would be similar to what existed before the zones were removed from the District, with the exception of Zone 11 TR. 43558 / Kregmont, where estimates are provided for both re-landscaping, as well as replacing with hardscape cobbles similar to other medians on the street.

Estimates for total zone costs if restored are based on adjusting the costs on the most recent Engineer’s Report data for these areas by the most recent available Consumer Price Index (CPI) inflation data, rounded up to the nearest $100 to avoid an illusion of greater precision than currently exists. Please note that this estimate does not include the funding required to complete the initial renovation (a decision would need to be made on whether the City would absorb these costs or seek to recover these costs through the assessment, and if so, under what sort of structure/timeline).

Any new assessment would also need to include future annual Consumer Price Index (CPI) increases to offset inflation costs and remain sustainable.

Estimated levy rates per Equivalent Benefit Unit (EBU) calculation is comprised of the estimated total zone cost divided by the total number of EBUs (properties) formerly in each zone.

Item #15. Page 3
Meeting Date: 2/22/2022 / Packet Page #: 199
Zone 2 - TR. 30556 / W. Sierra Madre
 December 9, 1975, City Council approved the tract with the developer granting the City an easement for parkway landscaping and street purposes of certain lots adjoining Sierra Madre Ave.  The developer further agreed to include this tract in the Parkway Maintenance District for the purposes of maintaining the public landscape easement within and surrounding the development.  The developer also agreed to include this tract as a part of a City of Glendora Street Lighting Maintenance District.
 February 1976, the owners, Hughes Development Corporation, dedicated to the City easements for planting and landscaping, including the right to make connections therewith from any adjoining properties.
 May 25, 1976, City Council adopted a resolution approving the maps and accepted on behalf of the public the streets, highways, and planting and landscape easement.  July 6, 1976, the City Engineer signed the resolution.

Zone 2 - TR. 30556 / W. Sierra Madre
Tract First Built 1976
EBUs/Properties 102
Ownership of Formerly Maintained Area Private w/ Easement Estimated Renovation Cost $45,000
Annual Zone Total Cost 2018/19 $8,667 (~$2,969 deficit) Maximum Annual Levy per EBU 2018/19 $55.86
Proposed Levy on 2018/19 Ballot (Unsuccessful) $84.97
Estimated Annual Zone Total Cost if Renovated $9,600
Estimated Necessary Levy per EBU $94.12
Item #15. Page 4
Meeting Date: 2/22/2022 / Packet Page #: 200
Zone 3 - TR. 32314 / Banna/Arrow Hwy
 October 1974 ,the owner's certificate grants the City in fee simple lots 81 and 82, which are the two lots on the east and west side of Banna.
 January 14, 1975, City Council passed a resolution where the offer of lots 81 and 82 in fee simple was accepted.
 February 22, 1977, City Council adopted a resolution ordering the annexation to the existing District.

Zone 3 - TR. 32314 / Banna/Arrow Hwy
Tract First Built 1975
EBUs/Properties 80
Ownership of Formerly Maintained Area City
Estimated Renovation Cost $33,000
Annual Zone Total Cost 2018/19 $5,737 (~$2,271 deficit) Maximum Annual Levy per EBU 2018/19 $43.32
Proposed Levy on 2018/19 Ballot (Unsuccessful) $71.71
Estimated Annual Zone Total Cost if Renovated $6,400
Estimated Necessary Levy per EBU $80.00
Item #15. Page 5
Meeting Date: 2/22/2022 / Packet Page #: 201
Zone 11 – TR. 43558 / Kregmont
 October 14, 1986, City Council conditions of approval required among other things that the property be annexed into the District and that the applicant acquire, dedicate and improve the strip of land (medians) south of the subject property in line with the Kregmont Avenue ROW, and that the improvements of this portion be consistent with improvements to the south of Kregmont Ave.

Zone 11 - TR. 43558 / Kregmont
Tract First Built 1988
EBUs/Properties 28
Ownership of Formerly Maintained Area City (medians)
Estimated Renovation Cost $12,000 (landscape)
$17,000 (hardscape)
Annual Zone Total Cost 2018/19 $5,385 (~$4,103 deficit) Maximum Annual Levy per EBU 2018/19 $45.77
Proposed Levy on 2018/19 Ballot (Unsuccessful) $192.32
Estimated Annual Cost if Renovated $6,000 (landscape)
$4,700 (hardscape)
Estimated Necessary Levy per EBU $214.29 (landscape)
$167.86 (hardscape)
Item #15. Page 6
Meeting Date: 2/22/2022 / Packet Page #: 202
Zone 15 - TR. 45271 / Greenfield Court
 August 3, 1987, the owners, Hix Development Corp. dedicated to the City the easement for landscape maintenance purposes including the right to make connections therewith from any adjoining properties. Lots 14 and 15 were granted in fee simple to the City.  July 28, 1987, City Council adopted a resolution approving the easement for landscape maintenance purposes and accepted on behalf of the City Lots 14 and 15 in fee simple as granted.  April 14, 1987, Council Meeting, Hix Development Corp, requested to subdivide this tract and have the two areas at the entrance to the development be landscaped and placed in the District. Council approved with the condition that a minimum two-foot-wide landscape strip be extended between the east property line and the proposed street ROW, and that the strip be dedicated to the District.

Zone 15 - TR. 45271 / Greenfield Court
Tract First Built 1987
EBUs/Properties 17
Ownership of Formerly Maintained Area City
Estimated Renovation Cost $24,000
Annual Zone Cost 2018/19 $4,232(~1,825 deficit)
Annual Levy per EBU 2018/19 $141.58
Proposed Levy on 2018/19 Ballot (Unsuccessful) $248.96
Estimated Annual Cost if Renovated $4,700
Estimated Necessary Levy per EBU $276.47
Item #15. Page 7
Meeting Date: 2/22/2022 / Packet Page #: 203
General Balloting Process Information
Should the City Council provide direction to move forward, staff would engage Willdan Financial Services to conduct the Proposition 218 ballot proceeding; Willdan Financial Services is currently contracted to conduct the annual levy process for the zones currently in the District.

To increase an assessment under Proposition 218, the agency must:
 Give written notice to all affected property owners along with a ballot no less than 45 days in advance of a public hearing.
 Hold a public hearing and an assessment ballot vote; and  Declare results of balloting at the hearing or at an extended public hearing depending on the number of ballots returned.

As a majority protest ballot, only those ballots received are tabulated and the ballots are weighted by assessment per Zone. Accordingly, the weighted average of the “yes” ballots must surpass the “no” ballots in order for the measure to pass. “Weighted by assessment” means that the value of each vote is weighted based on the property owners’ maximum assessment. For example, a vote from a parcel owner with a maximum levy of $40.00 would be weighted accordingly compared to one from a property owner with a maximum assessment of $20.00 in the same Zone. A majority protest means that if the vote is 50/50, the ballot would pass since there was no majority protest. If a majority vote is not received, the increase cannot legally be applied.

As proposed, this process would start in March 2021 (tentative) and end in August 2021 (tentative). Any zones where a majority of property owners voted affirmatively would then be included in the subsequent Engineer’s Report and levy.

FISCAL IMPACT
Anticipated costs associated with a Proposition 218 ballot proceeding would need to be appropriated from the 001 General Fund reserves and are based upon Willdan’s balloting proposal.

Item Cost
Engineering services $8,500
Ballot & notice mailings $600
Two public outreach meetings $4,500
Total $13,600

ENVIRONMENTAL DETERMINATION
Not applicable.

Prepared By Michael Sledd, Assistant Public Works Director Concurs With N/A
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 W. Wynder, City Attorney
CEQA Review N/A
ATTACHMENT:

A. Presentation
Item #15. Page 8
Meeting Date: 2/22/2022 / Packet Page #: 204

UPDATE ON LANDSCAPE
MAINTENANCE DISTRICT NO.1

POTENTIAL BALLOT PROCEEDING
Public Works
City Council
Item #
Presenter – Andrea Miller
February 22, 2022 CityOfGlendora.org
Item #15. Page 9
Meeting Date: 2/22/2022 / Packet Page #: 205
2 Zone 2 - TR. 30556 / W. Sierra Madre Yes No % Yes % No # Mailed Surveys 108 Are you interested in going through a balloting process in order to rejoin the LMD? 14 19 42.42% 57.58% # Returned Surveys 33 Are you willing to pay a tax increase to maintain/improve your zone? 17 16 51.52% 48.48% % Returned Surveys 30.56% Are you interested in attending virtual meetings to discuss this further? 10 23 30.30% 69.70% Zone 3 - TR. 32314 / Banna/Arrow Hwy Yes No % Yes % No
# Mailed Surveys 114 Are you interested in going through a balloting process in order to rejoin the LMD? 13 15 46.43% 53.57% # Returned Surveys 28 Are you willing to pay a tax increase to maintain/improve your zone? 12 16 42.86% 57.14% % Returned Surveys 24.56% Are you interested in attending virtual meetings to discuss this further? 11 17 39.29% 60.71% Zone 15 - TR. 45271 / Greenfield Court Yes No % Yes % No # Mailed Surveys 33 Are you interested in going through a balloting process in order to rejoin the LMD? 5 1 83.33% 16.67% # Returned Surveys 6 Are you willing to pay a tax increase to maintain/improve your zone? 5 1 83.33% 16.67% % Returned Surveys 18.18% Are you interested in attending virtual meetings to discuss this further? 4 2 66.67% 33.33% Zone 11 - TR. 43558 / Kregmont Yes No % Yes % No
# Mailed Surveys 18 Are you interested in going through a balloting process in order to rejoin the LMD? 5 4 55.56% 44.44% # Returned Surveys 9 Are you willing to pay a tax increase to maintain/improve your zone? 5 4 55.56% 44.44% % Returned Surveys 50.00% Are you interested in attending virtual meetings to discuss this further? 2 7 22.22% 77.78% Survey Results
Item #15. Page 10
Meeting Date: 2/22/2022 / Packet Page #: 206
3 Zone 2 – TR. 30556 / W. Sierra Madre
Zone 2 - TR. 30556 / W. Sierra Madre
Tract First Built 1976
EBUs/Properties 102
Ownership of Formerly
Maintained Area Private
Estimated Renovation Cost $45,000
Annual Zone Total Cost
2018/19
$8,667
(~$2,969 deficit)
Maximum Annual Levy per
EBU 2018/19 $55.86
Proposed Levy on 2018/19
Ballot (Unsuccessful) $84.97
Estimated Annual Zone Total
Cost if Renovated $9,600
Estimated Necessary Levy
per EBU $94.12
Item #15. Page 11
Meeting Date: 2/22/2022 / Packet Page #: 207
4 Zone 3 - TR. 32314 / Banna/Arrow Hwy
Tract First Built 1975
EBUs/Properties 80
Ownership of Formerly
Maintained Area City
Estimated Renovation Cost $33,000
Annual Zone Total Cost
2018/19
$5,737
(~$2,271 deficit)
Maximum Annual Levy per
EBU 2018/19 $43.32
Proposed Levy on 2018/19
Ballot (Unsuccessful) $71.71
Estimated Annual Zone Total
Cost if Renovated $6,400
Estimated Necessary Levy
per EBU $80.00
Zone 3 – TR. 32314 / Banna/Arrow Hwy
Item #15. Page 12
Meeting Date: 2/22/2022 / Packet Page #: 208
5 Zone 11 – TR. 43558 / Kregmont
Tract First Built 1988
EBUs/Properties 28
Ownership of Formerly
Maintained Area City (medians)
Estimated Renovation Cost $12,000 (landscape)
$17,000 (hardscape)
Annual Zone Total Cost
2018/19
$5,385
(~$4,103 deficit)
Maximum Annual Levy per
EBU 2018/19 $45.77
Proposed Levy on 2018/19
Ballot (Unsuccessful) $192.32
Estimated Annual Cost if
Renovated
$6,000 (landscape)
$4,700 (hardscape)
Estimated Necessary Levy
per EBU
$214.29 (landscape)
$167.86 (hardscape)
Zone 11 – TR. 43558 / Kregmont
Item #15. Page 13
Meeting Date: 2/22/2022 / Packet Page #: 209
6 Zone 15 - TR. 45271 / Greenfield Court
Tract First Built 1987
EBUs/Properties 17
Ownership of Formerly
Maintained Area City
Estimated Renovation Cost $24,000
Annual Zone Cost 2018/19 $4,232
(~1,825 deficit)
Annual Levy per EBU
2018/19 $141.58
Proposed Levy on 2018/19
Ballot (Unsuccessful) $248.96
Estimated Annual Cost if
Renovated $4,700
Estimated Necessary Levy
per EBU $276.47
Zone 15 - TR. 45271 / Greenfield Court
Item #15. Page 14
Meeting Date: 2/22/2022 / Packet Page #: 210
7 • To increase an assessment under Proposition 218, the agency must:
• Give written notice to all affected property owners along with a ballot no less than 45 days in advance of a public hearing;
• Hold a public hearing and an assessment ballot vote; and • Declare results of balloting at the hearing or at an extended public hearing depending on the number of ballots returned.

Balloting Process
Fiscal Impact of Balloting
Item Cost
Engineering services $8,500
Ballot & notice mailings $600
Two public outreach meetings $4,500
Total $13,600
Item #15. Page 15
Meeting Date: 2/22/2022 / Packet Page #: 211
8 RECOMMENDATION
• That the City Council:

1. Provide direction on which zones to conduct a Proposition 218 assessment district ballot proceeding; and

2. Authorize the Administrative Services Director to make the necessary budget appropriations.

Item #15. Page 16
Meeting Date: 2/22/2022 / Packet Page #: 212

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: FEBRUARY 22, 2022
FROM: CITY MANAGER DISTRICT(S): CITYWIDE
SUBJECT: CONSIDERATION OF A RESOLUTION OPPOSITING THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT (AG# 21-0042A1) INITIATIVE

RECOMMENDATION
That the City Council:

1. Consider a Resolution opposing the Taxpayer Protection and Government Accountability Act or AG# 21-0042A1; and

2. Provide City staff with direction accordingly.

EXECUTIVE SUMMARY
The League of California Cities (Cal Cities) is requesting that cities adopt a resolution in opposition to the Taxpayer Protection and Government Accountability Act or AG# 21-0042A1 to demonstrate how harmful this measure would be to the Glendora community and the people of California.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
In 2018, the “Tax Fairness, Transparency and Accountability Act” or AG# 17-0050 Amendment #1, was being circulated to qualify for the November 2018 ballot. This initiative would have drastically limited local revenue authority. Through the successful work and advocacy of Cal Cities and its coalition partners, the measure’s proponents withdrew the initiative from the ballot in June 2018.

On January 4, 2022, the California Business Roundtable filed the Taxpayer Protection and Government Accountability Act or AG# 21-0042A1. This measure is far more detrimental to cities than the measure filed in 2018, because it could decimate vital local and state services to the benefit of wealthy corporations.

During its December 2-3, 2021 meeting, the Cal Cities Board of Directors voted unanimously to oppose Initiative 21-0026A1. Following the Board’s unanimous decision, a coalition of public safety, labor, local government and infrastructure advocates have joined together to fight against this measure. With the Attorney General release of the Title and Summary, the coalition announced their opposition in a media release that was sent out on February 2, 2022 (Attachment B). The proponents will need to submit nearly one million signatures by April 29, 2022 in order to qualify for the November 2022 ballot, as recommended by the Secretary of State.

DISCUSSION
The California Business Roundtable (CBRT) sponsored AG# 21-0042A1 (Initiative) which was filed in January 2022. If placed on the ballot and passed by voters, the proposed Initiative would create constitutional loopholes, limit voter input, adopt new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable.

The Initiative as currently written would allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, environment, water and air quality, and natural resources which could force local residents to pay more.

Item #16. Page 1
Meeting Date: 2/22/2022 / Packet Page #: 213
Staff Report Page 2 of 2
The Initiative would make it much more difficult to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; make it more difficult for local voters to pass measures needed to fund local services and infrastructure and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; it would also retroactively cancel measures that were passed by local voters. The Initiative would also place billions of local government fee/charge revenues and the associated services at heightened legal peril and could force cuts and drastically impact services and critical investments in infrastructure.

In the wake of this concern, Cal Cities is requesting that cities adopt a resolution to demonstrate how harmful this measure would be to the Glendora community and the people of the State. Attached is a sample resolution (Attachment F) and additional fact sheets and analysis for your information (Attachments C–E). Proponents of the Initiative have until April 29, 2022 to submit enough signatures to the Secretary of State to qualify for the ballot.

Legislative Platform
The City of Glendora has adopted a formal legislative advocacy position through its Legislative Platform.

The Resolution recommended for consideration by Cal Cities, is in line with several principles and initiatives included in the City’s Legislative Platform, including but not limited to, preserving local control, financial sustainability, public safety, and to fund critical infrastructure needs and maintain and enhance the quality-of-life Glendora residents have come to enjoy.

FISCAL IMPACT
The longer-term impact of this Initiative which weakens local control, jeopardizes the City’s ability to provide services and critical infrastructure to residents. Fees such as nuisance abatement charges, franchise fees, document processing fees, and facility use fees would be subject to new standards and the threat of legal action. Some fees and tax changes would require voter approval. For example, if the City were to annex additional land, Measure E would be added to the ballot again in order to approve collection in the new territory. Additionally, even though the state now requires the analysis of new development for vehicle miles traveled (VMT), the City would not be allowed to charge development fees as a condition that regulates VMT.

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

Prepared By Moises Lopez, Assistant City Manager
Kathleen Sessman, City Clerk/Communications Director
Concurs With Not Applicable
Reviewed By Not Applicable
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. Initiative Text
B. Coalition’s Media Release
C. CBRT Fiscal Analysis
D. Legal Analysis
E. Sample Resolution
F. LAO
Item #16. Page 2
Meeting Date: 2/22/2022 / Packet Page #: 214
BELL, McANDREWS & HILTACHK, LLP
Anabel Renteria
Initiative Coordinator
ATTORNEYS AND COUNSEL-ORS AT I.AW
455 C APITO L MALL, S UITE 600
SACRAMENTO, CALIFOE=INIA 95014
(916) 44;a-7757
FAX [916) 44-;a-77 59
www.bmhlaw.com
January 4, 2022
2 1 - 0 0 4 2

RECEIVED
JAN O 4 2022
Office of the Attorney General
State of California

INITIATIVE COORDINATOR

ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
Thomas W.
~ Hiltachk
Item #16. Page 3
Meeting Date: 2/22/2022 / Packet Page #: 215
2 1 - 0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.

Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability, have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.

Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot1 Item #16. Page 4
Meeting Date: 2/22/2022 / Packet Page #: 216
either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect, and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy, healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative twothirds vote and voter approval requirements for government revenue increases created by the courts including, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.

Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.

Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:

Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature, and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.

If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
2 Item #16. Page 5
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(CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.

Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3 Item #16. Page 6
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that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.

Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:

Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
4 Item #16. Page 7
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.lfl..W 11General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute.
(f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.

W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.

Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5 Item #16. Page 8
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(7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.

The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.

Section 6. Section 2 of Article XIII C of the California Constitution is amended to read:

Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.

The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6 Item #16. Page 9
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as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.

Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:

Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7 Item #16. Page 10
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(b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.

Section 8. Sections 1 and 14 of Article XIII are amended to read:

Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.

Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties.

Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.

B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordability and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.

C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 Item #16. Page 11
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declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.

D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
9 Item #16. Page 12
Meeting Date: 2/22/2022 / Packet Page #: 224


  


 
 


 

 



  
 


 
















   





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Meeting Date: 2/22/2022 / Packet Page #: 226




  

 



 

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Meeting Date: 2/22/2022 / Packet Page #: 227
  





 

 


 






  



 








 










  

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Meeting Date: 2/22/2022 / Packet Page #: 229
 





 








 



 




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Item #16. Page 18
Meeting Date: 2/22/2022 / Packet Page #: 230
CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
 Billions of local government fee and charge revenues placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for transportation, and public facility use.  Hundreds of millions of dollars of annual revenues from dozens of tax and bond measures approved by voters between January 1, 2022 and November 9, 2022 subject to additional voter approval if not in compliance with the initiative.
 Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements.  The delay and deterrence of municipal annexations and associated impacts on housing and commercial development.
 Service and infrastructure impacts including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
 Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures.  Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through November 8, 2022 would be void after November 9, 2023.
 Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes at additional cost to taxpayers.
 Requires that a tax or bond measure adopted after January 1, 2022 and before the effective date of the initiative (November 9, 2022) that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative (November 9, 2023).
o If past election patterns are an indication, dozens of tax and bond measures approving hundreds of millions of annual revenues may not be in compliance and would be subject to reenactment.

Most will be taxes without a specific end date. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, measures not in compliance would need to be placed on a special election ballot for approval before November 9, 2023 or the tax will be void after that date. General tax measures would require declaration of emergency and unanimous vote of the governing board.
2217 I s l e Royale Lane • Dav i s , CA • 95616 -6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 7, 2022
Item #16. Page 19
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– 2 – rev January 7, 2022
CaliforniaCityFinance.com
 Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions for general taxes would, under current law, each require unanimous vote of the agency board to be placed on a special election ballot or would be void after November 9, 2023.

1.a. Number of Measures and Value of Local Taxes at Risk1 In 2020, voters in California approved 293 local tax and bond measures for cities, counties, special districts and schools (95 in March and 198 in November). The approved measures enacted $3.85 billion in new annual taxes including $1.3 billion for cities, $302 million for counties, $208 million for special districts (fire, wastewater, open space and transit districts), and $2.037 billion for schools (including for school bonds).

Most tax measures go to the ballot during a presidential or gubernatorial primary or general election in an even year. However, some tax measures are decided at other times. During 2019, there were 45 approved tax and bond measures (24 city, 14 special district, 7 school) adopting $154.0 million in new annual taxes ($124.0 million city, $10.5 million special district and $19.2 million school).

Most tax and bond measures comply with the new rules in Initiative 21-0042Amdt#1 except:
 Dozens of taxes would require end dates. This would require additional measures in future years to extend the taxes further. Very few extensions of existing local taxes fail.  Majority vote general tax measures could not be accompanied on the same ballot with an advisory, non-binding measure as to use of tax proceeds.  Special taxes placed on the ballot via citizen initiative would require two-thirds voter approval.

Bond measures have fixed terms. Historically, about 20 percent of other tax measures have included specific durations (i.e. sunsets). Advisory measures as to use of revenues are uncommon. I do not expect the provisions of 21-0042A1 to have any substantial effect on passage rates. However, some 2022 approved measures would likely have to put back on the ballot.

Based on history, a reasonable estimate of the annualized tax revenues estimated to be approved by 1 Source: Compilation and summary of data from County elections offices.

Item #16. Page 20
Meeting Date: 2/22/2022 / Packet Page #: 232
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CaliforniaCityFinance.com
voters in 2022 and placed at risk by this initiative is at least $1.5 billion, including $1.0 billion from cities and $500 million from counties and special districts. 2 1.b. Additional Costs and Public Service Effects of the Tax Provisions In addition to service delays and disruption due to new tax revenues placed at greater legal risk, there will be substantial additional costs for legal defense. The deterrence of taxes for annexations will delay and deter municipal annexations.

2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
 Subjects new fees and charges for a product or service to a new "actual cost” test defined as “(i) the minimum amount necessary to reimburse the government for the cost of providing the service to the payor, and (ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In addition, subjects these same charges to a new, undefined, “reasonable” standard.
 Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, “reasonable” test.  Subjects a challenged fee or charge to new, higher burdens of proof if legally challenged.  Prohibits a levy, charge or exaction regulating or related to vehicle miles traveled, imposed as a condition of property development or occupancy.

2.a. Value on New Local Government Fees and Charges at Risk3 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $1 billion per year including those adopted since January 1, 2022. Of this $1 billion, about $570 million is for special districts, $450 million is cities, and $260 million is counties.4
Major examples of affected fees and charges are:

1. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

2. Commercial franchise fees.

3. Emergency response fees - such as in connection with DUI.

4. Advanced Life Support (ALS) transport charges.

5. Document processing and duplication fees.

6. Transit fees, tolls, parking fees, public airport and harbor use fees.

7. Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

In addition to fees and charges, the measure puts fines and penalties assessed for the violation of state and 2 This does not include citizen initiative special tax approved by majority but not two-thirds. Because this approach is new, the number of these measures and amount of revenue involved cannot be estimated. 3 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 4 School fees are also affected but the amount is negligible by comparison.

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local law at risk, making them taxes subject to voter approval under certain circumstances.

2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. ***********
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Item #16. Page 22
Meeting Date: 2/22/2022 / Packet Page #: 234
The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1
January 21, 2022
Summary: The measure limits the voters’ input, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable.

Limiting Voter Authority and Accountability
• Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures. • Invalidates Upland decision that allows majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.

Restricting Local Fee Authority to Provide Local Services • Franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.”
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.

Restricting Authority of State and Local Governments to Issue Fines and Penalties for Violations of Law.
• Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

Item #16. Page 23
Meeting Date: 2/22/2022 / Packet Page #: 235
Restricting Local Tax Authority to Provide Local Services • Expanding existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service) requires voter approval.
• City charters may not be amended to include a tax or fee. • New taxes can be imposed only for a specific time period. • Taxes adopted after January 1, 2022, that do not comply with the new rules, are void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property tax to state.

Other Changes
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

Item #16. Page 24
Meeting Date: 2/22/2022 / Packet Page #: 236
RESOLUTION CC 2022-____

A RESOLUTION OF THE CITY COUNCIL OPPOSING THE TAXPAYER

PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT
INITIATIVE 21-0042A1

THE CITY COUNCIL
City of Glendora, California
WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and WHEREAS, the measure creates new constitutional loopholes that that allow corporations to pay for less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

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

SECTION 1. The City, opposes Initiative 21-0042A1.

SECTION 2. The City of Glendora will join the NO on Initiative 21-0042A1 coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

SECTION 3. 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 4. The City Clerk is hereby directed to email a copy of this adopted resolution to the League of California Cities at [email protected].

Item #16. Page 25
Meeting Date: 2/22/2022 / Packet Page #: 237
Resolution CC 2022-_____ Page 2 of 2
APPROVED and PASSED this __ day of ________, 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 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 ______, 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 #16. Page 26
Meeting Date: 2/22/2022 / Packet Page #: 238
Preprinted L ogo will go here
January 19, 2022
Hon. Rob Bonta
Attorney General
1300 I Street, 17th Floor
Sacramento, California 95814
Attention: Ms. Anabel Renteria
Initiative Coordinator
Dear Attorney General Bonta:

Pursuant to Elections Code Section 9005, we have reviewed the proposed constitutional Taxpayer Protection and Government Accountability Act initiative (A.G. File No. 21-0042, Amendment #1).

Background
State Government
Taxes and Fees. This year’s state budget spends over $255 billion in state funds. Over 90 percent of the state budget is funded with revenues from taxes. These include, for example, sales taxes paid on goods and income taxes paid on wages and other sources of income. Much of the rest of the state budget is funded by fees and other charges. Examples include: (1) charges relating to regulatory activities; (2) charges for specific government services or products, like fees charged to drivers to improve roads; (3) charges for entering state property, such as a state park; and (4) judicial fines, penalties, and other charges. The State Constitution requires the state to set fees at a reasonable level, generally reflecting the costs of the services or benefits provided.

The state uses revenue from taxes and fees to fund a variety of programs and services, including education, health care, transportation, and housing and homelessness services.

Current Requirements to Approve Taxes and Fees. Under the State Constitution, state tax increases require approval by two-thirds of each house of the Legislature or a majority vote of the statewide electorate. The Legislature can reduce taxes with a majority vote of each house, provided the change does not result in an increase in taxes paid by any single taxpayer. In many cases, the Legislature has enacted statutes that delegate its authority to adjust fees and other Item #16. Page 27
Meeting Date: 2/22/2022 / Packet Page #: 239
Hon. Rob Bonta 2 January 19, 2022
charges to administrative entities, like state departments. In these cases, these charges can be increased or changed by the department within certain limits.

Local Government
Taxes and Fees. The largest local government tax is the property tax, which raises roughly $75 billion annually. Other local taxes include sales taxes, utility taxes, and hotel taxes. In addition to these taxes, local governments levy a variety of fees and other charges. Examples include parking meter fees, building permit fees, regulatory fees, and judicial fines and penalties.

In order to be considered a fee, the charge cannot exceed the reasonable costs to the local government of providing the associated product or service. Local governments use revenues from taxes and fees to fund a variety of services, like fire and police, public works, and parks.

Current Requirements to Approve Taxes and Fees. State law requires increases in local taxes to receive approval of the local governing body—for example, a city council or county board of supervisors—as well as approval of voters in that local jurisdiction. Most proposed taxes require a two-thirds vote of the local governing board before being presented to the voters.

Special taxes (those used for a specific purpose) require a two-thirds vote of the electorate while other types of taxes require a majority vote of the electorate. The majority-vote general taxes can be used for any purpose. Recent case law suggests that citizen initiative special taxes may be approved by majority vote, rather than a two-thirds vote. Currently, local governing bodies have the ability to delegate their authority to adjust fees and other charges to administrative entities, like city departments. In these cases, these charges can be increased or changed by the department within certain limits.

Proposal
This measure amends the State Constitution to change the rules for how the state and local governments can impose taxes, fees, and other charges.

State and Local Government Taxes
Expands Definition of Tax. The measure amends the State Constitution to expand the definition of taxes to include some charges that state and local governments currently treat as fees and other charges. For example, certain charges imposed for a benefit or privilege granted to a payer but not granted to those not charged would no longer be considered fees. As a result, the measure could increase the number of revenue proposals subject to the higher state and local vote requirements for taxes discussed below.

Requires Voter Approval for State Taxes. The measure increases the vote requirements for increasing state taxes. Specifically, the measure requires that legislatively proposed tax increases receive approval by two-thirds of each house and a majority vote of the statewide electorate.

Voters would still be able to increase taxes by majority vote of the electorate without legislative action, however. Any state tax approved between January 1, 2022 and the effective date of this measure would be nullified unless it fulfills the requirements of the measure.

Requirements for Approving Local Taxes. Whether sought by the local governing body or the electorate, the measure establishes the same approval requirements for increasing local Item #16. Page 28
Meeting Date: 2/22/2022 / Packet Page #: 240
Hon. Rob Bonta 3 January 19, 2022
special taxes. Any local tax approved between January 1, 2022 and the effective date of this measure would be nullified unless it fulfills the requirements of the measure.

Allowable Uses and Duration of State and Local Tax Revenues Must Be Specified. The measure requires state and local tax measures to identify the type and amount (or rate) of the tax and the duration of the tax. State and local government general tax measures must state that the revenue can be used for general purposes.

State and Local Government Fees
Requires the Legislature and Local Government Bodies to Impose State and Local Fees.

Fees would have to be imposed by a majority vote of both houses of the Legislature or local governing bodies. The measure would restrict the ability of state and local governments to delegate fee changes to administrative entities. The extent of these restrictions would depend on future court decisions. Any fee approved between January 1, 2022 and the effective date of this measure would be nullified unless it fulfills the requirements of the measure.

Some New State and Local Fees Could Not Exceed Actual Costs. For some categories of fees, if the Legislature or a local governing body wished to impose a new fee or make changes to an existing fee, the measure generally would require that the charge be both reasonable and reflect the actual costs to the state or local government of providing the service. The measure also specifies that actual cost should not exceed “the minimum amount necessary.” In many cases, existing fees already reflect the government’s actual costs. In other cases, some fees would have to more closely approximate the payer’s actual costs in order to remain fees. If a fee payer challenged the charge, the state or local government would need to provide clear and convincing evidence that the fee meets this threshold. State and local governments also would bear the burden of providing clear and convincing evidence that the levy is a fee—which is not subject to a vote by the electorate—and not a tax under the new definition.

Fiscal Effects
Lower State Tax and Fee Revenue. By expanding the definition of a tax, increasing the vote requirements for approving taxes, and restricting administrative changes to fees, the measure makes it harder for the Legislature to increase nearly all types of state revenues. The extent to which revenues would be lower under the measure would depend on various factors, most notably future decisions made by the Legislature and voters. For example, requirements for legislative approval of fee increases currently set administratively could result in lower fee revenues, depending on future votes of the Legislature. That lower revenue could be particularly notable for some state programs largely funded by fees. Due to the uncertainty of these factors, we cannot estimate the amount of reduced state revenue, but it could be substantial.

Lower Local Government Tax and Fee Revenue. Compared to the state, local governments generally face greater restrictions to raising revenue. By expanding the definition of taxes and restricting administrative changes to fees, the measure would make it somewhat harder for local governments to raise revenue. Consequently, future local tax and fee revenue could be lower than they would be otherwise. The extent to which revenues would be lower is unknown, but Item #16. Page 29
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Hon. Rob Bonta 4 January 19, 2022
fees could be more impacted. The actual impact on local government revenue would depend on various factors, including future decisions by the courts, local governing bodies, and voters.

Possible Increased State and Local Administrative Costs to Change Some Fee Levels. In some cases, state and local departments would need to develop methods for setting fees to reflect actual costs if the Legislature or local governing bodies wanted to change those fees in the future. Estimating actual costs by program and fee source could involve some added workload for those state and local departments, which likely would be supported by fee revenue. The extent of these administrative costs would depend on (1) whether the state and local governments determine a fee increase is needed in order to maintain their current level of programs and services funded through fee revenue and (2) future court decisions.

Summary of Fiscal Effects. We estimate that this measure would have the following major fiscal effects:
• Lower annual state and local revenues, potentially substantially lower, depending on future actions of the Legislature, local governing bodies, voters, and the courts.

Sincerely,
_____________________________
for Gabriel Petek
Legislative Analyst
_____________________________
for Keely Martin Bosler
Director of Finance
Item #16. Page 30
Meeting Date: 2/22/2022 / Packet Page #: 242

STAFF REPORT
TO: CHAIR AND AUTHORITY MEMBERS DATE: FEBRUARY 22, 2022 FROM: COMMUNITY DEVELOPMENT DISTRICT(S): CITYWIDE
SUBJECT: GLENDORA HOUSING AUTHORITY ANNUAL REPORT FOR FISCAL YEAR 2020-2021.

RECOMMENDATION
That the Housing Authority:

1. Receive and file the annual report;

2. Direct staff to forward report to the California Department of Housing and Community Development; and

3. Direct staff on programming excess surplus funds (alternatives included in body of staff report).

EXECUTIVE SUMMARY
The information contained in this report includes a discussion of Housing Authority activities conducted during the reporting period meeting the requirements pursuant to Section 34328 of the Health and Safety Code which requires that the Housing Authority prepare and submit an annual report to the California Department of Housing and Community Development (HCD) each year. The annual report is included as Attachment A.

The report also includes financial information which shows that the Housing Authority has an “excess surplus,” which is defined as an unencumbered amount in the fund that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the housing successor's preceding four fiscal years, whichever is greater. City Council should discuss the options available and provide staff with direction regarding how to spend/encumber the excess surplus.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
In 2011, the State of California took steps to eliminate all redevelopment agencies. Pursuant to these actions, including a legal challenge opposing the elimination of redevelopment agencies, the Glendora Redevelopment Agency was dissolved effective February 1, 2012. To retain and administer the former agency’s low and moderate-income housing assets, the dissolution act allowed the City of Glendora to form a Housing Authority to retain and administer the Redevelopment Agency’s affordable housing assets.

Consequently, the City adopted Resolution No. 2012-04 on January 10, 2012 declaring the need and creating the Housing Authority of the City of Glendora (the “Housing Authority”).

Pursuant to Section 34176, added by ABx1 26 and amended by AB 1484, the State Department of Finance issued a letter in August 2012 confirming that the Housing Authority holds all affordable assets listed in the housing asset transfer schedule submitted to the Department of Finance in July 2012.

Item #17. Page 1
Meeting Date: 2/22/2022 / Packet Page #: 243
Staff Report Page 2 of 5

DISCUSSION
Pursuant to Section 34328 of the Health and Safety Code, Housing authorities are required to prepare an annual report to the California Department of Housing and Community Development (HCD) each year.

The information contained in this report includes a discussion of Housing Authority activities during the reporting period. Additionally, SB 341 requires successors to redevelopment housing assets to prepare an annual report for each fiscal year of the housing successor.

Annual expenditures of the Housing Authority are primarily for the administration of overseeing Housing Authority activity. Activity includes annual monitoring of affordable units at the Heritage Oaks Apartments and Elwood Apartments. The Housing Authority also administers a portfolio of loans made to low-income households for home improvements. While the Housing Authority is not currently providing home improvement loans or undertaking construction of low-income housing, efforts are focused on the preservation of existing affordability restrictions.

The attached report, prepared by Keyser Marston Associates, Inc. for the Housing Authority, is intended to satisfy annual and fiscal year reporting requirements under Section 34328 and 34176.1. The report covers fiscal year 2020-2021. Once the Housing Authority accepts the report, staff will submit the combined report to HCD.

The Housing Authority will also need to discuss excess surplus, another component to the annual housing report. In addition to reporting on activities, the report includes the Housing Authority financials as listed in the City’s Annual Comprehensive Financial Report (ACFR) as well as deposits made into the fund over the past four fiscal years. Excess surplus is defined as an amount in the fund that exceeds the greater of one million dollars ($1,000,000) or the total amount deposited into the fund during the housing successor's preceding four fiscal years, whichever is greater.

A summary of the fund balance, the deposits and the excess surplus for the last three years is in the table below. Additional detail is found on Table 4 of the report. In summary, the Authority must spend, or at least encumber $550,503 before July 1, 2022 if it wishes to avoid transferring the funds to the state for certain state housing programs. An additional $573,150, however, will need to be spent or encumbered by July 1, 2024 (for a total of $1,123,653 excess surplus). Pursuant to the statute, any excess surplus in the LMIHAF must be spent or at least encumbered on eligible expenditures specified for excess surplus within three years or be subject to transfer to the state.

Excess Surplus Calculation July 1, 2019 July 1, 2020 July 1, 2021 Available Housing Authority Balance: $2,195,772 $2,241,861 $2,292,283 Aggregate Deposits - Prior 4 Years: $1,645,269 $2,097,400 $1,168,630 Excess Surplus: $550,503 $144,461 $1,123,653
Must be spent (or encumbered) by: 6/30/2022 06/30/2023 06/30/2024 Annual deposits are not a regular recurring amount. On average, the Housing Authority’s annual revenue averages about $150,000 if certain one-time revenues are excluded. There are a few outlying deposits which skew the average and create the excess surplus. In 2016-2017, $1,015,230 was received as additional rent from the Heritage Oaks property as part of their refinance. Per the terms of the Leasehold Agreement with the owner of Heritage Oaks, the Authority is due 20% of any proceeds realized from a refinance. In 2019-20, $405,007 was both received and spent by the Authority as part of its proportionate share of the City’s Pension Obligation Bonds which were issued to pay for unfunded pension liabilities.

This year, in addition to the normal deposits, the Successor Agency received a nonregular payment from the City/Agency loans under H&SC Section 34191.4 which resulted in a required payment to the Housing Authority of 20% or $67,559.

Item #17. Page 2
Meeting Date: 2/22/2022 / Packet Page #: 244
Staff Report Page 3 of 5
Staff recommends that Housing Authority discuss the different eligible options available for spending excess surplus. While $550,593 must be encumbered this fiscal year, it may be beneficial to look ahead and encumber the $1,123,653 that will be required to be spent/encumbered by 2024. In addition, the Housing Authority should keep in mind, they are not limited to encumbering $1.12M, as the Housing Authority has a cash balance of $2,031,034 as of the writing of this report.

The options available under Health and Safety Code (HSC) 34176.1 subdivision (d) are as follows:

Development of affordable housing. Housing developed must be affordable to and occupied by households earning 80% or less of the area median income. The breakdown of households (HH) that must be assisted is further broken down as follows:
 Extremely Low Income HH (30% AMI) - minimum 30% of funding  Low Income HH (30.01 – 60% AMI) – maximum of 70% of funding  Low Income HH (60.01 - 80% AMI) – maximum of 20% of funding  In addition, assistance to rental housing restricted to seniors is limited to 50% of the units assisted.

For purposes of this section, development includes new construction, acquisition and rehabilitation. The affordable units would be deed restricted as affordable housing for a period of 55 years.

Development of affordable housing may include one of the following:
 Option 1 – Land Acquisition:

Acquire property and designate it for affordable housing as noted above. Acquisition costs would include the purchase price, any relocation of occupants needed and demolition of any existing improvements. City staff would then need to solicit affordable housing developers to develop and operate the property.
 Option 2 – Purchase One to Two Housing Units:

The Housing Authority can opt to purchase one or two condominiums ($550,593 to $1,123,653+) and then contract with a non-profit to operate the unit(s) for 55 years renting one or both to extremely low-income households, or one to an extremely low- and one to a low- (30-60% AMI) income household.
 Option 3 – Financing
The Housing Authority could provide construction financing for an affordable project to secure longterm (55-year) covenants. Without an existing project that immediately needs financing, being able to spend or commit the funds in a timely manner would be difficult.

In addition to funding available through the Housing Authority (Fund 290), it should be noted that there are other resources available to help fund an affordable housing project. The Affordable Housing Fund (Fund 285) has $1,137,309 available to contribute to a project. The City is also eligible to apply for Permanent Local Housing Allocation (PLHA) funds made available through SB2 and awarded through HCD. PLHA funds have similar goals in providing affordable housing. The City has up to four years after the appropriation amount has been published to apply for the PLHA funds to put towards a project. A cumulative total of $332,719 from 2019/20 and 2020/21 was appropriated to the City of Glendora, however without a project we have yet to apply. The amount appropriated for 2021/22 has not yet been released, but it is a realistic expectation to assume at least an additional $125,000 based on their five year projection. In total, Fund 285, Fund 290 and PLHA funds would yield approximately $3.6 million dollars for an affordable housing project. In addition, there are other grant programs available for affordable housing projects that staff can pursue.

Item #17. Page 3
Meeting Date: 2/22/2022 / Packet Page #: 245
Staff Report Page 4 of 5
Affordable Housing Resources
Housing Authority (Fund 290) $2,031,034
Affordable Housing (Fund 285) $1,137,309
PLHA Funds $457,719
Total: $3,626,062
Transfer funds to another housing successor: Should the Housing Authority not be agreeable to the options provided beforehand, the alternative would be to enter into an agreement with a separate housing successor (authority) within the county, transferring up to one million dollars per year into their respective Low and Moderate Income Housing Asset Fund for the sole purpose of developing transit priority projects.

The following conditions must be met:
 Each housing successor must make a finding based on substantial evidence, after a public hearing that the agreement to transfer funds will not cause of exacerbate racial, ethnic, or economic segregation;
 The development to be funded shall not be located in a census tract where more than 50 percent of its population is very low income, unless the development is within one-half a mile of a major transit stop or high quality transit corridor; and  The completed development shall not result in a reduction in the number of housing units or a reduction in the affordability of housing units on the site where the development is to be built.  Each housing successor must have an adopted housing element that the Department of Housing and Community Development has found to be in substantial compliance with requirements.

Take no action: According to the Health and Safety Code, if the excessive surplus remains in the fund unencumbered beyond the three fiscal years, then within 90 days of the end of the third fiscal year, the housing authority shall transfer the excess surplus to the Department of Housing and Community Development.

At this time, staff requests that the Housing Authority discuss the eligible ways to spend or encumber the excess surplus funds and direct staff on how to proceed. Staff will return to Council with a defined plan according to the Housing Authority’s instruction. The Housing Authority needs to encumber $550,503 before the end of this fiscal year, but may choose to address $1,123,653 of excess surplus that needs to be spent or encumbered by June 30, 2024. The Housing Successor has more than $2 million to commit to a project should they choose to address more than just the excess surplus.

FISCAL IMPACT
The cost to prepare this report for the Housing Authority with assistance from Keyser Marston Associates, Inc. is not to exceed $4,500. It is funded under the 2021-2022 Housing Authority Fund budget for contract services.

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.

Item #17. Page 4
Meeting Date: 2/22/2022 / Packet Page #: 246
Staff Report Page 5 of 5
Prepared By Valerie Velasquez, Economic Development and Housing Manager Concurs With Not Applicable, Not Applicable
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
CEQA Review Not Applicable
ATTACHMENTS:

A. Glendora SB 341 Annual Housing Report
B. PowerPoint Slides
Item #17. Page 5
Meeting Date: 2/22/2022 / Packet Page #: 247
Glendora Housing Authority as
Housing Successor to the Glendora
Community Redevelopment Agency

Annual Report
Fiscal Year
2020-21

February 2022

Prepared for:

Glendora Housing Authority

Prepared by:

Keyser Marston Associates, Inc.

Item #17. Page 6
Meeting Date: 2/22/2022 / Packet Page #: 248