Glendora City Council
May 24, 2022

SPECIAL NOTICE

IMPORTANT PUBLIC HEALTH AND SAFETY MESSAGE REGARDING

PARTICIPATION AT CITY COUNCIL MEETINGS

CHANGES AND ADDITIONAL OPPORTUNITIES RELATING TO PUBLIC MEETINGS All Brown Act meetings are subject to COVID-19 infection protocols. As of April 1, 2022, the City Council has determined that meetings will be considered in-person public “Brown Act” meetings for City of Glendora City Council, Board(s) and Commission(s) – for the period of time that the City is allowed to hold remote meetings under the cavalcade of public health orders, an elected or appointed official will have the ability to attend virtually, if needed. Due to the fluidity in which infection protocols are set and changed by Federal, State, and County the City will utilize a more flexible approach, that allows the City to conduct public meetings of the City via teleconferencing, in person and/or hybrid meetings pursuant to AB 361, or as long as the Governors Declaration of Emergency is extended.

Ways to participate?
 In-Person;
 Virtually via 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 use the following meeting ID# cityofglendora.org/zoom or https://zoom.us/j/9329247224 Want to watch?
All our City Council meetings can be watched live through Internet Streaming at www.cityofglendora.org, and/or through Spectrum cable television Channel 3 and Verizon Channel 31.

Ways to provide public comment?
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 public hearings scheduled, individuals will be given an additional opportunity to comment under said items. Please follow along with the meeting via www.cityofglendora.org/meeting, GlendoraTV cable channels, or City social media live feeds to ensure you call in at the appropriate time for your item(s). To ensure that the public is able to participate, the city is providing several methods in which the public can submit their comments:

OPTION 1: IN PERSON
Public Comments can be submitted via the Public Comment Card located in the back of the room and/or by the City Clerk desk at the front of the dais. Public Comment Cards should be submitted to the Clerk upon completion and before the closing of Public Comment or Public Hearing. When your name is called, please step to the podium and state your name before beginning your presentation.

OPTION 2: LIVE COMMENTS
Public is invited to participate via Zoom Video Communications by 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 Call In Step 1. Virtually “raise your hand”
using zoom,
Step 2. Wait to be called on by the City
Clerk, Step 3. Unmute your audio,
Step 4. Verbalize your comments (less
than 3 minutes)
Step 1. Utilizing “Chat” send a message to
webmaster and let them know which item(s)
you wish to comment on (aka: Public
Comment, Item #?)),
Step 2. Wait to be called on by the City Clerk,
Step 3. Unmute your audio,
Step 4. Verbalize your comments (less than 3
minutes)
Step 1. Dial (669) 900-6833,
Step 2. When prompted, enter the Meeting ID
932 924 7224. Once admitted, you will hear the
meeting live,
Step 3. At the beginning of public comment
and/or the public hearing item you wish to
comment, press Star 9 to request to speak,
Step 4. Once it is your turn, you will hear an
audio command asking you to press Star 6 to
unmute your mic.

OPTION 3: 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 4: 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.

If you have any questions, feel free to contact the City Clerk’s Department at (626) 914-8210.

Meeting Date: 5/24/2022 / Packet Page #: 1

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, MAY 24, 2022
COUNCIL CHAMBER, 116 E. FOOTHILL BOULEVARD
To participate virtually, download zoom on any phone or computer device and use the following 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: 5/24/2022 / Packet Page #: 2

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, MAY 24, 2022
COUNCIL CHAMBER, 116 E. FOOTHILL BOULEVARD
6:00 PM CLOSED SESSION (WILL NOT BE HELD)
7:00 PM GENERAL BUSINESS SESSION
NOTICE IS HEREBY 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.

NOTICE IS FURTHER GIVEN that to participate virtually, download zoom on any phone or computer device and use the following meeting ID: cityofglendora.org/zoom or https://zoom.us/j/9329247224

CALL TO ORDER

ROLL CALL

CLOSED SESSION - NONE

INVOCATION AND PLEDGE OF ALLEGIANCE
In permitting a nonsectarian invocation, the City does not intend to proselytize, advance, or disparage any faith or belief. Neither the City nor the City Council endorses any particular belief or form of invocation.  Invocation
 Pledge of Allegiance

STUDENT REPORTS - NONE

1. 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 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.

2. Public Comments received

MEMBER STATEMENTS/REPORTS

CITY MANAGER AND CITY ATTORNEY STATEMENTS
Meeting Date: 5/24/2022 / Packet Page #: 3

SPECIAL ITEMS

3. Approve a Request from Glendora Trails Committee to Rename the Big Dalton Canyon Campground as the Rowley Wilderness Amphitheater in honor of Mr. Gordon Rowley CITY RECOMMENDATION: 1. Approve a request by the Glendora Trails Committee to rename the Big Dalton Canyon Campground as the Rowley Wilderness Amphitheater in honor of Mr. Gordon Rowley.

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

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

4. A Public Hearing to consider a Resolution to Levy and Collect Assessments from the Glendora Village Business Improvement District for Fiscal Year 2022-23 CITY RECOMMENDATION: 1. Conduct Public Hearing for the proposed levy and collection of assessments from the Glendora Village Business Improvement District, and in the absence of a majority protest; and 2. Adopt a Resolution entitled, “A Resolution of the City Council of the City of Glendora, California, approving the Levy and Collection of Assessments from the Glendora Village Business Improvement District for Fiscal Year 2022-23 as permitted by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.)"

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.

5. Affirm minutes from May 10, 2022 City Council Special Meeting and Regular Joint City Council, Successor Agency for the former Community Redevelopment Agency, and Housing Authority Meeting
CITY/AGENCY/AUTHORITY RECOMMENDATION: Affirm the minutes as presented.

6. Consideration of a Resolution allowing for the continued use of "In-Person Hybrid Approach" for City of Glendora Brown Act Public Meetings May 31, 2022 through June 29, 2022 CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled, “A RESOLUTION

RE-RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND WHEN APPLICABLE REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF GLENDORA FOR THE 30-DAY PERIOD BEGINNING MAY 31, 2022 THROUGH JUNE 29, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361.”
Meeting Date: 5/24/2022 / Packet Page #: 4

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

MEMBER AGENDA ITEMS - NONE

UNFINISHED BUSINESS

8. Adopt a City Council Resolution Implementing a Stage 3 Water Shortage Contingency Plan (Strategic Plan Item 8 - IFSS)
CITY RECOMMENDATION: 1. Approve Resolution Implementing a Stage 3 Water Shortage Contingency Plan; and 2. Direct staff to take appropriate actions as outlined in the adopted 2020 Water Shortage Contingency Plan.

9. Groundwater Reliability Partnership Principles of Agreement between Three Valleys Municipal Water District, City of Glendora, and Puente Basin Water Agency (STRATEGIC PLAN ITEM 8-IFSS)
CITY RECOMMENDATION: 1. Approve the Groundwater Reliability Partnership Principles of Agreement with Three Valleys Municipal Water District and Puente Basin Water Agency; and 2. Authorize the City Manager or his designee to execute the agreement including minor and non-substantive changes.

10. Approve Amendment No. 1 to the Agreement with AKM Consulting Engineers for the replacement of North Glendora Reservoir in an amount not to exceed $342,793; Award a Professional Services Agreement to EPD Solutions, Inc. to conduct environmental services for the replacement of North Glendora Reservoir in the amount of $94,622, and approve a supplemental appropriation from the Water Fund in the amount of $521,500 (Strategic Plan Item 8-IFSS)
CITY RECOMMENDATION: 1. Approve Amendment No.1 with AKM Consulting Engineers to conduct final design of North Glendora Reservoir in the amount of $311,630 with a 10% contingency in the amount of $31,163 for a total amount of $342,793; 2. Award a Professional Services Agreement to EPD Solutions, Inc. to conduct environmental services for the North Glendora Reservoir Replacement Project in the amount of 86,020 with a 10% contingency in the amount of $8,602 for a total amount of $94,622; 3. Approve the supplemental appropriation from Water Capital reserves in the amount of $474,465; 4. Approve the amended FY 2021- 2026 Capital Improvement Project for North Glendora Reservoir Replacement; 5. Approve and ratify the appropriation from Water Capital reserves in the amount of $47,000 for urgent reservoir and well site improvements; 6. Authorize the City Manager or his designee to execute Amendment No. 1 including minimal and/or non-substantive changes; 7. Authorize the City Manager or his designee to execute Professional Services Agreement with EPD Solutions, Inc. including minimal and/or non-substantive changes; and 8. Authorize the Administrative Services Finance Division to make the necessary budget adjustments.

11. Police Quarterly Report on Concealed Weapon Permit Process, Los Angeles County District Attorney and Coyote Management Program (STRATEGIC PLAN ITEM 39-EMO) CITY RECOMMENDATION: 1. Receive, file report, and provide direction to City staff as needed.

Meeting Date: 5/24/2022 / Packet Page #: 5

NEW BUSINESS

12. Award a Professional Services Agreement to Axon, Inc. for the Purchase and Installation of Body Worn Cameras, Digital In-Car Video, and Interview Room Cameras over a five (5) year period in the total amount of $710,000 (Strategic Plan Items; 10-IFSS AND 47-IMCIF) CITY RECOMMENDATION: 1. Award a contract to Axon Enterprise, Inc. for purchase installation of Body-Worn Camera System (BWC), Digital In-Car Video (DIV), and Interview Room Cameras over a five (5) year period in the total amount of $710,000; and 2. Authorize the City Manager or his designee to execute the agreement including minimal and/or nonsubstantive changes.

13. Consideration of Resolutions initiating the Tuesday, November 8, 2022 City of Glendora City Council General Municipal Election (Strategic Plan Item 26-EMO) CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled, "A RESOLUTION

OF THE CITY COUNCIL CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022,

FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS

OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW

CITIES AND ADOPTING REGULATIONS FOR CANDIDATES PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS”; 2. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL REQUESTING THE

BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO DIRECT THE

REGISTRAR-RECORDER/COUNTY CLERK TO ADMINISTER, MANAGE AND OVERSEE THE CITY OF GLENDORA’S GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022; AND REQUEST FOR CONSOLIDATION OF

THE GENERAL MUNICIPAL ELECTION WITH ANY COUNTYWIDE ELECTION HELD ON TUESDAY, NOVEMBER 8, 2022”; and 3. Direct the City Clerk to forward certified copies of said resolutions to the County Board of Supervisors and the Registrar of Voters.

MEMBER/STAFF CLOSING COMMENTS

ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing 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.

Dated: May 19, 2022
Revised: (when applicable) Kathleen R. Sessman, MMC
City Clerk/Communications Director
Meeting Date: 5/24/2022 / 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: 5/24/2022 / Packet Page #: 7
MAY 24, 2022 MEETING
of the
City Council, Successor Agency and Housing Authority
Re: Public Comment

INFORMATION RECEIVED
Attached:
1) Index of correspondence received before 5:00 p.m. Tuesday, March 8, 2022
Item #2. Page 1
Meeting Date: 5/24/2022 / Packet Page #: 8
Index of Correspondence Received:

Date Received From Email
5/23/2022 Lisa Long [email protected]
Item #2. Page 2
Meeting Date: 5/24/2022 / Packet Page #: 9
From: [email protected] <[email protected]>
Sent: Monday, May 23, 2022 9:23:05 PM
To: Michael Allawos <[email protected]>; David Fredendall <[email protected]>; Gary Boyer <[email protected]>; Karen Davis <[email protected]>; Mendell Thompson
<[email protected]>; [email protected] <[email protected]>; Adam Raymond <[email protected]>
Subject: Los Angeles District Attorney George Gascon
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council Members and City Manager,
Thank you for all you do for our city! I love our city. I was born and raised here and I have been teaching in Glendora for over 30 years. I'm sure you are aware of the impact George Gascon's directives have had on our community, as well as all of Los Angeles County. I'm sure we would all agree that anyone accused of a crime should receive a competent defense, as well as decent treatment while involved with the justice system. I'm sure we would also agree that victims of crime have rights, too. All citizens have a right to live in safe communities, where laws are enforced.

Gascon's directives are harming all of us. Hopefully, a close family member or friend of yours has not been the victim of a crime recently, but every day we hear about another victim, every day the crimes getting closer to home. Gascon seems to have no interest in the victims. But victims matter.

Luckily, fellow citizens care about crime victims. We care about our city, our neighborhoods, our businesses, and our schools. We believe that lives are better for all when laws are enforced and crime is reduced. This is why so many of us are actively seeking the recall of George Gascon.

We, as a city, need to stand together. This is a bipartisan recall effort. Crime effects all of us.

This is why I am asking all of you to vote no confidence in District Attorney George Gascon at the May 24th city council meeting. You were voted in to represent us. The citizens need you to stand up against someone whose actions harm the city you have pledged to lead. This is the time to be brave, lead, and stand up for your city.

Thank you.

Lisa Long
903 W. Milton Dr.

P.S. Can this email be read at the city council meeting? I would like to request that, if possible.

Item #2. Page 3
Meeting Date: 5/24/2022 / Packet Page #: 10

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 24, 2022
FROM: COMMUNITY SERVICES DISTRICT(S): CITYWIDE
SUBJECT: APPROVE A REQUEST BY THE GLENDORA TRAILS COMMITTEE TO RENAME THE

BIG DALTON CANYON CAMPGROUND AS THE ROWLEY WILDERNESS
AMPHITHEATER IN HONOR OF MR. GORDON ROWLEY

RECOMMENDATION
That the City Council:

1. Approve a request by the Glendora Trails Committee to rename the Big Dalton Canyon Campground as the Rowley Wilderness Amphitheater in honor of Mr. Gordon Rowley.

EXECUTIVE SUMMARY
At the request of the Glendora Trails Committee, it is proposed that the Big Dalton Canyon Campground in Big Dalton Canyon Wilderness Area be renamed to the Rowley Wilderness Amphitheater in honor of Mr. Gordon Thomas Rowley (August 4, 1938 – August 28, 2020) and his dedicated service to the Glendora community.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Pursuant to the City’s Administrative Policy No.1.36, Naming of City Owned Property and/or Bestowing Permanent Plaques of Recognition for Individuals/Groups on City-Owned Property/Facilities, all requests must first be reviewed by the appropriate commission, board, and management team before being forwarded to the City Council for consideration. The intent of the policy is to ensure that the naming of a facility should be done with careful thought and consideration so that past or future naming actions are not diminished or lessened.

The policy notes that any individual nominated other than service as an elected official or appointed decision maker shall have served the Glendora community in truly exceptional ways to the welfare of the city over an extended period to warrant such recognition. The policy also states that no request shall be made within one-year after the person’s death.

After review of the initial request by the City Manager, in conjunction with the City’s Administrative Policy No. 1.36, on April 21, 2021, Community Services staff brought the item to the Community Services Commission for consideration and recommendation. The Commission unanimously supported and approved of the renaming request and recommended that the City Council approve the request and authorize the approval of funds to cover the costs of the new signage.

DISCUSSION
Mr. Rowley and his family moved to Glendora in 1956 where he was soon hired by the U.S. Forest Service. He worked in the surrounding Angeles National Forest area with the Forest Service for a total of 34 years. Throughout his work with the Forest Service, he received the bronze Smokey Bear award, which is given to those who show outstanding public service in Forest Fire Prevention.

After moving out of Forest Service housing and into a home on Washington Ave in Glendora, Gordon’s sons joined the Boy Scouts of America, prompting Gordon’s call to action as a Scoutmaster. He held the Item #3. Page 1
Meeting Date: 5/24/2022 / Packet Page #: 11
Staff Report Page 2 of 3
position from 1980-1997. His dedication and commitment to the local Glendora Boy Scout troops earned him the presentation of the Silver Beaver award by the Boy Scouts of America. Gordon was heavily involved in local Troop 483, who took great pride in the American flags flown on Glendora Ave surrounding the Civic Center. Gordan and troop 483 took great pride and responsibility in overseeing each flag and ensuring that any damaged or fallen flag be properly retired. Gordon also made sure to place 50 flags around the monument in Finkbiner Park on certain holidays. In the Big Dalton Canyon Campground area, Gordon participated in numerous Scout ceremonies involving the bridge and amphitheater area. In honor of his dedication and involvement in local Scout groups, and his pride in the American flags surrounding the City Hall Civic Center, Troop 483 donated the flagpole at the amphitheater in his honor.

There was a plaque install which noted this dedication, which has since been stolen. Gordon was also memorialized by Troop 483 when the Troop declared May 7th as Gordon Rowley Day.

In 1984, Gordon became a member of the Blue-Ribbon Committee established by Glendora Mayor Guy Williams. It was later named the Glendora Riding and Hiking Trails Advisory Committee (currently known as the Trails Committee). The committee advised City Council and staff on matters relating to the development of a trail system within the City of Glendora. Each member of the committee was given a certain task and area of interest which they would represent when making reports or recommendations.

Gordon’s task was to represent the Forest Service, Fire Department, and overall trails maintenance, which was his area of expertise. Gordon served on this committee until 1989, and later reinstated in 2002 to serve until his passing in 2020. Gordon thoroughly enjoyed his role within the Trails Committee, keeping the tools shed in order, ensuring tools were safe and ready to use, and working with staff to get the supplies needed for committee members and volunteers to work on the trail system. Gordon also maintained small groves of memorial trees within the wilderness area, ensuring they received extra water during drought seasons.

During his time as a Scoutmaster and member of the board on the Trails Committee, Gordon committed his time to serving and educating the community and local Scout groups. Gordon supervised over 100 Eagle Scout projects in South Hills and Big Dalton Canyon Wilderness area. Gordon was always heavily involved in the construction phase of those projects, participating with the scouts as they worked. He took pride in teaching the Scouts various skills and knowledge regarding trail maintenance and fire prevention in wilderness areas. Gordon helped to complete the three bridges over Big Dalton Canyon stream bottom, constructed with telephone pole segments and wood planks. He also oversaw the construction of the stone steps leading up to the Day Camp building, where hundreds of children flock to participate in the City’s annual Camp Cahuilla program. Gordon played an instrumental role in securing the help of the volunteer group LA Works to construct numerous rock-filled gabion baskets throughout Big Dalton Wilderness for embankments to prevent flooding and erosion. Gordon assisted with the supervision and construction of all twelve trails created through Eagle Scout projects in the South Hills Area since 1991.

In addition to his many years serving the community and the local trail system, Gordon received various honors including the Founder’s Day Cup from fellow scout leaders, for volunteers who show commitment and dedication to the society at the highest levels. Gordon received the Community Service Award from the Glendora Chamber of Commerce in 1979, the Buck Dunham Award from the Glendora Community Services Commission in 1984, The Humanitarian Award from the Glendora Community Coordinating Council, as well as the Glendora Citizens of the Year Award along with his wife Norma in 2006. Along with his involvement with Scouts and the Glendora Trails Committee, he was a dedicated member of the Glendora Historical Society, ensuring that the flag was kept in good condition and always staffed.

Gordon strived to live a life of service for the community and surrounding forest areas. He took great pride in his service to the community and dedicated his time in Glendora to serving others. The impact that Gordon had on the city and the community is evident through his accomplishments and years of service.

The Trails Committee and Rowley family feel that this renaming request is aptly fitting for Gordon given his years of service within the wilderness areas of Glendora.

The area that the Trails Committee is requesting for the renaming includes the amphitheater, picnic area, flagpole, and restroom area at Big Dalton Campground. The Big Dalton Campground is located approximately 0.75 miles from Glendora Mountain Rd. on Big Dalton Canyon Rd. The area is commonly Item #3. Page 2
Meeting Date: 5/24/2022 / Packet Page #: 12
Staff Report Page 3 of 3
utilized by residents hiking throughout the wilderness area, utilizing the picnic shelter or amphitheater, or renting the facility for day use. The remainder of Big Dalton Canyon Wilderness Area will remain as named, the only portion that will change would be the campground area across from the bridge.

With the campground area lying within the larger Big Dalton Canyon Wilderness Area, staff felt that a large stone sign like those at other City parks would not be fitting. Instead, staff is proposing that a kiosk type structure be installed with a large sign at the top stating the entrance to the “Rowley Wilderness Amphitheater” area. Staff would like to include signage on the kiosk describing the area that is named, as well as memorial signage for Gordon. Staff is proposing that the signage include the accomplishments of Gordon within the Glendora community, along with his impact and significance on the trails system and wilderness area. The Trails Committee and family agree with this proposal and are willing to assist with possible donations towards materials and construction if possible. Staff anticipates a cost of approximately $8,000 to cover materials, construction, and signage costs. Staff has recently installed several kiosk structures in Big Dalton and South Hills Wilderness Areas and would continue with the color and general structural design to create cohesiveness throughout the city. The cost for the most recent kiosk in South Hills totaled close to $5,000, and staff would like to also include the construction of some sort of barrier to prevent vehicular damage to the sign.

FISCAL IMPACT
Sufficient funds are available in the approved FY 2022 Operating and Maintenance Budget for the purchase and installation of signs.

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

Prepared By Danielle Smith, Management Analyst
Concurs With Mallory Burril, Community Services Commission 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. Renaming Request
B. PowerPoint Presentation
C. 2022.04.21 – Public Comment – Gordon Rowley
D. Admin Policy 1.36 Naming City Owned Property and Bestowing Permanent Plaques Item #3. Page 3
Meeting Date: 5/24/2022 / Packet Page #: 13
Request for the name change of Big Dalton Canyon Campground – City of Glendora.

Request made by: The Glendora Trails Council
Date of Request: September 26, 2021.

Requested name change: The Rowley Wilderness Campground Reason for request: To recognize the passing of Gordon Thomas Rowley on August 28, 2020 by honoring his legacy with a memorial.

Norma Rowley was asked to assist in the selecting of a memorial for her deceased husband Gordon. She approved of the council’s recommendation to rename the Big Dalton Canyon Campground in his honor. She suggested the name – Rowley Wilderness Campground.

Reasons for request: In addition to the many awards, accomplishments, and acts of service that are listed in the attached obituary, Gordon made exceptional contributions to the South Hills Wilderness Area in the southern portion of Glendora and to the Big Dalton Canyon Wilderness Park in Glendora’s northern foothills.

These are credited to him since his arrival in Glendora in 1958.

He was a member of the Blue-Ribbon Committee established by Glendora Mayor Guy Williams in February of 1984. It was named the Glendora Riding and Hiking Trails Advisory Committee. The general purpose of the Committee was to advise the City Council and staff on matters relating to the development of a trail system within the City of Glendora. The completion of the “Final Report” came in March of 1985. Gordon served on that committee with four other members. Each member was chosen to represent a particular area of interest. Gordon represented the Forest-Service, Fire Dept., and trail maintenance category. The council accepted the recommendations of the “Final Report” and established the Glendora Trails Committee. Gordon served until 1989. He was reappointed to the committee in 2002 and served until his passing in 2020.

Gordon supervised over 100 Eagle Scout Projects within the two wilderness areas of Glendora. Gordon believed in working closely with the project members during the construction phase. The projects included three bridges over Big Dalton Canyon bottom, constructed with telephone pole segments and wood planks. These all included rock wall supports. They are all being used today. The stone steps leading to the Wilderness Cabin (Day Camp building) were the result of four Eagle Scout Projects. Gordon oversaw the construction of over thirty rock-wall segments within Big Dalton Wilderness Park. Gordon organized the agreement between the City of Glendora and Los Angeles Works to complete the placement of hundreds of rockfilled gabion baskets to secure the vertical bank on the east side of the Wilderness Cabin (Day Camp). He was also able to secure the help of LA Works to place gabion baskets along the Pavil Canyon stream banks between the Wilderness Cabin service Item #3. Page 4
Meeting Date: 5/24/2022 / Packet Page #: 14
road and Big Dalton Canyon Road. This was to prevent further erosion of the banks that flooded the north end of the Day Camp during years of high water.

All of the twelve trails created in the South Hills Wilderness Area since 1991 were constructed by Eagle Scout Projects supervised by Gordon or Dick Swinney. Gordon oversaw the rockwork at four of the trailheads in the South Hills during Eagle Scout Projects. The flagpole at the amphitheater in the Big Dalton Canyon Campground was donated by BS Troop 483 in Gordon’s honor. A plaque was placed on the pole in memory of Gordon. The plaque was since stolen.

Gordon enjoyed his unofficial position as “supervisor” of the Glendora Trail Council’s tool shed. The shed is located near the Equestrian Center, at the mouth of Big Dalton Canyon. Gordon loved ordering supplies to keep the shed ready for any projects that may arise within Glendora’s Wilderness Area and Park. Gordon maintained small groves of memorial trees at two trailheads along Big Dalton Canyon Road. Friends and family members of Gordon were invited to donate trees for planting at these locations by Gordon in remembrance of their deceased loved ones. Simple memorial plagues were made for each of the trees. He supervised their watering and maintenance.

Brief biographical history: See attached obituary published by Pasadena StarNews on Oct. 18, 2020.

Additional information: Gordon Rowley was honored by Boy Scout Troop 483 in Glendora when the troop declared May seventh as Gordon Rowley Day.

References: Glendora Trails Committee, Master Plan – 2003 And History Of The Glendora Trails Committee - Glendora Trails Committee, City of Glendora June 2003, By Dick Swinney – chair member, Glendora Trails Committee Submitted by the Glendora Trails Council
September 2021
Principal writer – Dick Swinney
Item #3. Page 5
Meeting Date: 5/24/2022 / Packet Page #: 15
Renaming of
City Facility
Community Services Department
City Council
Item # _
May 24, 2022
Danielle Smith – Management Analyst
CityOfGlendora.org
Item #3. Page 6
Meeting Date: 5/24/2022 / Packet Page #: 16
2 RENAMING OF CITY FACILITY
• Policy No.1.36
• City Manager Review – Complete
• Commission Review – Complete
• City Council Review
Item #3. Page 7
Meeting Date: 5/24/2022 / Packet Page #: 17
3 RENAMING OF CITY FACILITY
• Big Dalton Canyon Campground
• Renaming request: Rowley Wilderness Amphitheater
• In memory of Gordon Thomas Rowley
• August 4, 1938 – August 28, 2020
• Requested by Glendora Trails Committee
Item #3. Page 8
Meeting Date: 5/24/2022 / Packet Page #: 18
4 OUTREACH AND INVOLVEMENT IN GLENDORA COMMUNITY
• Rowley Family – moved to Glendora 1956
• Forest Service – served 34 years in Angeles National Forest • Scoutmaster Troop 483 – 17 years
• Glendora Trails Committee – 23 years
Item #3. Page 9
Meeting Date: 5/24/2022 / Packet Page #: 19
5 OUTREACH AND INVOLVEMENT IN GLENDORA COMMUNITY
• Boy Scout/Eagle Scout Projects
• American flags downtown
• Trails Committee – trail building, maintenance, public events
• Wilderness area memorial trees
Item #3. Page 10
Meeting Date: 5/24/2022 / Packet Page #: 20
6 ACHIEVEMENTS AND RECOGNITIONS
• Bronze Smokey Bear Award (Forest Service 1979)
• Community Service Award (Glendora Chamber of Commerce 1979) • Conservation Award (Serrano Chapter Daughters of the American Revolution 1981) • Buck Dunham Award (Glendora Community Services Commission 1984) • Gordon Rowley Day (May 7th – Troop 483 1987)
• Humanitarian Award (Glendora Community Coordinating Council 2001) • Silver Beaver Award (Boy Scouts of America 2004)
• Citizen of the Year with wife Norma ( Glendora Chamber of Commerce 2006) • Founder’s Cup (recognized by Scout Leaders)
Item #3. Page 11
Meeting Date: 5/24/2022 / Packet Page #: 21

RENAMING OF CITY FACILITY
7 Item #3. Page 12
Meeting Date: 5/24/2022 / Packet Page #: 22

RENAMING OF CITY FACILITY
8 Item #3. Page 13
Meeting Date: 5/24/2022 / Packet Page #: 23

RENAMING OF CITY FACILITY
9 Sample Design Ideas
Item #3. Page 14
Meeting Date: 5/24/2022 / Packet Page #: 24

RENAMING OF CITY FACILITY
10 Current Kiosk Design
• Continue with color scheme
• New sign would not include benches
• Surrounded by some type of barrier that
would prevent vehicle damage
Item #3. Page 15
Meeting Date: 5/24/2022 / Packet Page #: 25

RENAMING OF CITY FACILITY
11 Current Kiosk Design
• Approximate cost - $8,000
• Kiosk/wood structure
• Signage
• Rock barrier around structure
Item #3. Page 16
Meeting Date: 5/24/2022 / Packet Page #: 26
12 RECOMMENDATIONS

1. Approve the renaming of the Big Dalton Canyon
Campground as the Rowley Wilderness Amphitheater in
honor of Mr. Gordon Thomas Rowley (at the request of the Trails Committee)

2. Authorize the Administrative Services Director to
appropriate funds from Fund 321 (Capitol Projects),
totaling approximately $8,000 to cover the cost of
installing new signage
That the City Council:

Item #3. Page 17
Meeting Date: 5/24/2022 / Packet Page #: 27
APRIL 21, 2022 MEETING
of the
Community Services Commission Meeting
Re: Public Comments received before the meeting.

INFORMATION RECEIVED
Attached:
1) Index of Correspondence Received
2) Correspondence received by mail.

Item #3. Page 18
Meeting Date: 5/24/2022 / Packet Page #: 28
Index of Correspondence Received:

Date Received From Email
4/20/2022 Richard Marvin [email protected]
4/21/2022 David Fedendall [email protected]
Item #3. Page 19
Meeting Date: 5/24/2022 / Packet Page #: 29
From: [email protected] <[email protected]> Sent: Wednesday, April 20, 2022 9:18 PM
To: Public Comment <[email protected]>
Subject: Public Comment, Community Services Commission April 21, 2022 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

I urge the Commission to approve the proposal for creation of the Rowley Wilderness Amphitheater.

As a member of the Trails Council for twenty years I have had an opportunity to work with Mr. Rowley on many projects. He was a strong advocate for maintaining and improving the wilderness areas in the northern foothills and in the South Hills. His efforts greatly contributed to the excellent trail system Glendora has today.

Richard Marvin
Item #3. Page 20
Meeting Date: 5/24/2022 / Packet Page #: 30
DAVID J. FREDENDALL
705 RAINBOW DRIVE
GLENDORA, CA 91741
626 914-5174
626-824-5174 cell
[email protected]
April 20, 2022
Community Services Commission
City of Glendora
116. E. Foothill Blvd.

Glendora, Ca 91741
Re: Renaming Big Dalton Campground
Dear Commissioners,
I write you today in support of the renaming recognition of Big Dalton Campground after the Rowley’s, Gordon and Norma.

I first me the Rowley’s in 2004 through Boy Scouts. Their involvement in the preservation of Community resources through projects, support of Eagle Scout Rank Service Projects, Memorial Tree forests, buildings and trails quickly became evident that they were very passionate toward their love of Glendora and our outdoors. From trail building and restoration to park enhancements in the canyon they were forever the go to party to learn about the park.

Gordon was often spotted picking up trash around town after major events because he cared, not because he needed another hobby. He was forever watering trees that were not near ready water sources and repairing trail signs. Additionally, Gordon serves as the City Flag monitor, seeing that the Flags in the Village Avenue were always in proper order.

You likely know that Norma (Meacham) grew up in a stone house near the entrance to the park long before the house had indoor plumbing and possibly electricity. Sadly, that house is now gone, leaving only it’s foundation as historical value. The Meacham family name is prominent in the canyon and most fittingly so.

I encourage your favorable consideration for this fitting memorial tribute as literally, thousands of residents were impacted by the Rowley family throughout their entire lifetimes in our great City.

Sincerely,
David Fredendall
Resident
Scout Leader
Protégé
Friend
Item #3. Page 21
Meeting Date: 5/24/2022 / Packet Page #: 31

CITY OF GLENDORA
Administrative Policy No. 1.36
Title: Naming of City Owned Property and/or Bestowing
Permanent Plaques of Recognition for Individuals/
Group on City-Owned Property/Facilities
Effective: 9/10/2013
Approved by City Council: Sept. 10, 2013 Page 1 of 4
Prepared by: City Manager
I. Policy Objective
To establish a clear, consistent, protocol for the City of Glendora to consider and approve requests for naming city-owned facilities and/or placing a plaque which recognizes or honors an individual or group.

This policy was originally adopted in 2005 and revised by City Council action on September 10, 2013.

II. Authority
The City Council of the City of Glendora is the responsible body for approving any requests for naming or placing plaques to recognize an individual or group on city facilities or public property under the control of the City of Glendora.

All requests must first be reviewed by the appropriate commission, board, and management team before being forwarded to the City Council for consideration. In considering such requests, the reviewing body shall use the highest standards of review in order that the intent of this policy is fulfilled.

The intent of this policy is to ensure that naming a facility, or placing a plaque on city property recognizing an individual and/or group represents the highest form of recognition that a community can bestow or permit. That such action should be done with careful thought and consideration so that past or future naming actions are not diminished or lessened.

Person(s) requesting such action should recognize the granting of any request to be rare and difficult to accomplish. It is expected that the reviewing body will also use the same temperament in their review of any requests.

Requests shall not be considered for any individual who is currently serving in an elected or appointed office unless there is unanimous approval by the City Council at a duly noticed public meeting; otherwise the individual shall have been out of public office or not involved with the City in a decision-making capacity for at least 12 months prior to such a request being submitted for consideration.

For a former elected or appointed official, a proposed honoree shall have achieved great distinction by demonstrating such high standards as to have earned an area-wide reputation for the individual’s representation of city interests and goals.

Item #3. Page 22
Meeting Date: 5/24/2022 / Packet Page #: 32
Admin. Policy 1.36
9/10/2013

For an individual nominated other than service as an elected official or appointed decision maker, if applicable, they shall have served the Glendora community in truly exceptional ways to the welfare of the city over an extended period of time as to warrant recognition. Such actions shall be clearly documented by requestor. No such requests shall be considered within one-year after the person’s death.

For a group, they shall have served the Glendora community in truly exceptional ways that exceed any charter or bylaw requirements they would be expected to fulfill in the normal course of duty.

Naming for Recognition of a Gift
A. No commitment for naming shall be made to a prospective donor of a gift prior to Council approval of the proposed gift and name.

B. In reviewing requests for approval of naming a project for a donor or for a person whose name is proposed by a donor, consideration shall be:
a. The significance of the proposed gift as it relates to the realization and/or success of the project or to the enhancement of the project’s usefulness to the overall community
b. The urgency of need for the project or for support funds for the project c. The eminence of the individual whose name is proposed d. The individual’s relationship, if any, to the Glendora community overall C. The gift shall be in an amount which will either fund the total costs of the project to be named or provide funding for that portion of the total costs which would otherwise not have been available. If a project is funded by several private donors, consideration may be given to naming the project after the one who makes a gift covering a significant portion of the needed funds.

D. Such requests should follow similar consideration as stated above in that actions should be rare and difficult to obtain so that the requests truly benefit the overall community and/or enhance the quality of life.

E. Only the City Council can accept those gifts and approve such considerations.

However, nothing in this section shall prevent the City Council from deciding on its own that a donor’s action warrants the consideration of naming either the donor or the donor’s recommendation for commendation.

F. This section shall not apply to any formally adopted Adopt-A-Parks program by the City Council that is carried out by the Community Services Department.

Item #3. Page 23
Meeting Date: 5/24/2022 / Packet Page #: 33
Admin. Policy 1.36
9/10/2013

III. Assigned Responsibility:

All requests shall be submitted to the City Manager of the City of Glendora. The City Manager shall determine which commission, board or management team member will review and make recommendation to the City Council relating to such requests.

A requestor submitting such requests shall be responsible for providing the necessary information, documentation and analysis for the reviewing body and City Council to be able to meet their obligations in considering such a request as stated in this policy.

IV. Procedure:

Proposals for naming properties/facilities or placing of plaques recognizing an individual(s) or groups shall be submitted to the City Manager. It shall be the obligation of the requestor to have reviewed this policy and demonstrated that submitting such a request meets with both the requirements and the intent of it.

The City Manager will determine if the requestor has provided sufficient information and documentation so that the reviewing commission, board or management team can thoughtfully consider the request. A commission, board or management team can request additional documentation should they feel it is needed.

Should a request be deemed incomplete or not conforming to this policy, the City Manager shall return it to the requestor stating what further information may be needed or how the request is not meeting the requirements of the policy.

Once an application is deemed complete, the City Manager will forward the request to the appropriate body for consideration and recommendation to the City Council.

The reviewing body shall have up to 60-days to consider the request and make an appropriate recommendation to the City Council using this policy to guide their deliberations.

Once the reviewing body has made a recommendation, then the City Manager shall place the item for City Council consideration within 60-days.

The City Council shall review the request, supporting documentation and the deliberations of the reviewing body in order to consider if the application meets the policy guidelines in serving the overall community’s interests.

The City Council’s consideration and possible action relating to a request shall be done in accordance with the State law relating to Open Meeting requirements.

The City Clerk shall inform the requesting party(s) of the City Council’s determination within ten business days of their action.

Item #3. Page 24
Meeting Date: 5/24/2022 / Packet Page #: 34
Admin. Policy 1.36
9/10/2013

The maximum size of any plaque shall be 12” x 8” and begin with “In Memory of” or “In Honor of” and contain a maximum of 30 characters. Community Services Department shall coordinate with the requestor of such recognition.

The size and design of any lettering associated with the naming a facility or project associated with an individual and/or group shall be reviewed by the Planning Department to ensure it is proportionate and designed with the highest quality in mind.

The intent is to make sure the action is not out of character for the overall design of the facility or project itself.

Item #3. Page 25
Meeting Date: 5/24/2022 / Packet Page #: 35

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 24, 2022
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): 3
SUBJECT: A PUBLIC HEARING TO CONSIDER A RESOLUTION TO LEVY AND COLLECT

ASSESSMENTS FROM GLENDORA VILLAGE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2022-23.

RECOMMENDATION
That the City Council:

1. Conduct Public Hearing for the proposed levy and collection of assessments from the Glendora Village Business Improvement District, and in the absence of a majority protest; and

2. Adopt a Resolution entitled, “A Resolution of the City Council of the City of Glendora, California, approving the Levy and Collection of Assessments from the Glendora Village Business Improvement District for Fiscal Year 2022-23 as permitted by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.)

EXECUTIVE SUMMARY
Each year assessments in the Business Improvement District (BID) must be renewed through a process that consists of several steps, including the preparation of an Annual Report which includes information on the BID boundaries, assessment methodology, activities planned and a budget. Upon approval of the Annual Report, Council adopts a Resolution of Intent to Levy and Collect Assessments, thereafter several steps are taken to ensure that affected BID businesses and members of the public are aware of the process. A Public Meeting is held in order that Council may receive testimony from members of the BID and public. The process concludes with a Public Hearing where any protests votes received by affected BID businesses are tabulated. In the absence of a majority protest, Council may adopt a Resolution approving the Levy and Collection of Assessments for the upcoming year.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Glendora BID was established as provided by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.).

DISCUSSION
The Glendora Village is an area known as a community gathering place that serves the community with numerous events throughout the year and a variety of shopping, dining, and service opportunities. The Glendora Village has also been recognized for eleven consecutive years as the Best Downtown in the San Gabriel Valley per the San Gabriel Valley Newsgroup’s Readers’ Choice Awards. The assessments collected and activities undertaken by the Business Improvement District greatly contribute to these accomplishments.

Each year assessments in the Business Improvement District must be renewed through a process that consists of several steps, including the preparation of an Annual Report which includes information on the BID boundaries, assessment methodology, activities planned and a budget. Upon approval of the Annual Item #4. Page 1
Meeting Date: 5/24/2022 / Packet Page #: 36
Staff Report Page 2 of 2
Report, Council adopts a Resolution of Intent to Levy and Collect Assessments, thereafter several steps are taken to ensure that affected BID businesses and members of the public are aware of the process.

One Public Meeting and one Public Hearing are held in the process. The Public Meeting was held on May 10, 2022.

Tonight’s Public Hearing is the last step, providing a final opportunity to receive public testimony regarding the proposed assessments. At the conclusion of the Public Hearing, the City Council shall tabulate any written or verbal protests on the proposed assessments. If the assessments of those businesses submitting a protest to the proposed FY 2022-2023 assessments are 50% or greater of the total proposed assessments, then the Resolution to Levy and Collect Assessments cannot be approved for the upcoming year. In absence of a majority receipt of protests, Council may adopt a Resolution approving the Levy and Collection of Assessments in FY2023.

FISCAL IMPACT
As presented, the BID budget for Fiscal Year 2022-23 entails expenditures exceeding revenue by $13,800. The shortfall will be met by utilizing the surplus fund balance which is projected to be above $100,000 at the start of FY2023.

ENVIRONMENTAL DETERMINATION
Adoption of annual assessments for the BID is not a “project” under the California Environmental Quality Act (CEQA). The adoption is a legal requirement to authorize the collection of assessments, and will not cause any direct or indirect physical change to the environment.

Prepared By Valerie Velasquez, Economic Development and Housing Manager Concurs With Dalel Snider, BID Advisory Board
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. Public Notices
B. Resolution to Levy and Collect
Item #4. Page 2
Meeting Date: 5/24/2022 / Packet Page #: 37
San Gabriel Valley Examiner
709 E. Route 66 Ste. A
Glendora, CA 91740
626-852-3374
PAGE 1
City of Glendora
Attn: City Clerk
116 E. Foothill Blvd.

Glendora, CA 91741
(PLEASE SEE PAGE 2 FOR AD COPY)
*Ad copy is not to scale
RESOLUTION CC 2022-12

A RESOLUTION OF THE CITY COUNCIL ANNOUNCING INTENTIONS TO LEVY AND COLLECT ASSESSMENTS FOR THE FISCAL YEAR 2022-2023 FOR THE

GLENDORA VILLAGE BUSINESS IMPROVEMENT DISTRICT AS PERMITTED BY THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 (CALIFORNIA STREETS AND HIGHWAY CODE SECTION 36500 et seq.)
(GD01)

PROOF OF PUBLICATION
(201 5.5 C.C.P.)

STATE OF CALIFORNIA
County of Los Angeles
I am over the age of eighteen years, I am not
a party to the above-entitled matter. I am the
principal clerk of the Publisher of the San
Gabriel Valley Examiner, an adjudicated
newspaper of general circulation printed and
published weekly in the City of Glendora,
County of Los Angeles. The San Gabriel Valley
Examiner has been adjudged a newspaper of
general circulation by the Superior Court of
the County of Los Angeles, State of California,
under the date of July 19, 1999, case Number
KS 005341. The notice, of which the annexed
is a true printed copy, has been published in
each regular and entitled issue of said
newspaper and not any supplement thereof on
the following dates to wit:

April 7, 2022
I declare under penalty of perjury that the
foregoing is true and correct.

Executed in the City of Glendora, Los Angeles
County, California
On this 7th day of April 2022.

Signature
Item #4. Page 3
Meeting Date: 5/24/2022 / Packet Page #: 38
PAGE 2
RESOLUTION CC 2022-12

A RESOLUTION OF THE CITY COUNCIL ANNOUNCING INTENTIONS TO LEVY AND COLLECT ASSESSMENTS FOR THE FISCAL YEAR 2022-2023 FOR THE

GLENDORA VILLAGE BUSINESS IMPROVEMENT DISTRICT AS PERMITTED BY THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 (CALIFORNIA STREETS AND HIGHWAY CODE SECTION 36500 et seq.)

THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City Council has previously established the Glendora Village Business Improvement District as provided by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.); and
WHEREAS, the Glendora Village Business Improvement District Board and the City Council of the City of Glendora have determined that the Business Improvement District benefits the Area within the District by generating revenue for businesses within the Area to improve the physical and financial health of the Glendora Village, which serves as a business, social and cultural center of the City of Glendora, and thereby enhances the city’s community at large; and WHEREAS, the Glendora Village Business Improvement District Board has conducted significant outreach to member businesses to formulate a 2022-2023 work plan, budget and fee assessment schedule that would be fair, reasonable and in compliance with the Mission Statement of the Glendora Village Business Improvement District and California Streets and Highway Code Section 36500 et. seq.; and
WHEREAS, the continuation of the Glendora Village Business Improvement District and the concomitant levy of assessments will promote the economic revitalization of the downtown area of the City, create jobs, attract new businesses, and help prevent the erosion of the Downtown Village Area. In addition, the Glendora Village Business Improvement District enhances and promotes the City, culturally and commercially; and WHEREAS, the City Council desires to conduct a formal hearing on the District Board’s report, proposed budget and proposed assessments for the Fiscal Year 2022-2023.

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

SECTION 1. Pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.), the City Council declares its intention to continue the Glendora Village Business Improvement District and levy and collect assessments within the District for the purpose of marketing and promoting activities which will benefit the businesses located and operating within the Area of the Business Improvement District for the Fiscal Year 2022-2023.

SECTION 2. The territorial boundaries in the Area of the District are identified in the Area map attached hereto as Exhibit A and made a part hereof, which generally includes all businesses that abut Foothill Boulevard (north & south), east side of Vermont Avenue, south side of Bennett Avenue and the west side of Vista Bonita Avenue, and more specifically described as: beginning at the intersection of the centerline of Bennett Avenue (80 feet wide) and the centerline of Vermont Avenue (60 feet wide); then easterly along the centerline of said Bennett Avenue to the centerline of Vista Bonita Avenue ( 60 feet wide); thence southerly along the centerline of said Vista Bonita Avenue to the centerline of Foothill Boulevard (80 feet wide); thence westerly along the centerline of said Foothill boulevard to the centerline of Glendora Avenue; thence westerly 219.88 feet; thence southerly 119.90 feet, thence westerly to the centerline of said Vermont Avenue; thence northerly along the centerline of said Vermont Avenue ending at the centerline of said Bennett Avenue. The Area map identifying the proposed area is also on file in the office of the city clerk. The Area of the District has not changed.

SECTION 3. The type or types of improvements and activities proposed to be funded by the levy of assessments on businesses in the Area include all “Improvements” and “Activities” permitted under Sections 36510 & 36513 of Streets and Highway Code, specifically: (a) “Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to parking facilities, benches, trash receptacles, street lighting, decorations, parks, and fountains; (b) “Activities” means, but is not limited to, promotion of public events which benefit businesses in the area and which take place on or in public places within the area, furnishing of music in any public place in the area, promotion of tourism within the area and activities which benefit businesses located and operating in the area. Except where funds are otherwise available, an assessment will be levied annually to pay for all improvements and activities within the Area.

SECTION 4. The City Council of the City of Glendora hereby approves the report approved by the Glendora Village Business Improvement District Board for the fiscal year 2022-2023. The proposed method and basis of levying the annual assessment for each business in the Area for the fiscal year 2022-2023 is set forth in Exhibit B attached hereto and made a part hereof. The formula consists of three elements in order to determine the total assessment a business would pay, based on the type of business, whether the business is retail/food service or other service, and the physical location of the business.

SECTION 5. The report approved by the Glendora Village Business Improvement District Board for the fiscal year 2022-2023 is on file in the City Clerk’s office and contains a full and detailed description of the improvements and activities to be provided, the boundaries of the Area, and the proposed assessments to be levied upon the businesses within the Area for the fiscal year 2022-2023.

SECTION 6. Should the proposed annual assessment for the fiscal year 2022-2023 be approved, it is the intent that all businesses pay their annual assessment when they obtain, renew or change their businesses license with the City of Glendora.

SECTION 7. The City Council shall not exempt a business recently established in the Area from the levy of the assessments as allowed in Streets & Highways Code Section 36531.

SECTION 8. The City Council hereby sets a public meeting on May 10, 2022 at 7:00 p.m. at the City Council Chambers within City Hall located at 116 E. Foothill Boulevard, Glendora California, 91741, or if Executive Order N-29-20 is still in affect via Zoom at cityofglendora.org/zoom. At that time the City Council shall allow public testimony regarding the 2022-2023 proposed work plan and proposed fiscal year 2022-2023 assessments of businesses within the Area.

SECTION 9. The City Council hereby sets a public hearing on May 24, 2022 at 7:00 p.m. at the City Council Chambers within City Hall located at 116 E. Foothill Boulevard, Glendora California, 91741, or if Executive Order N-29-20 is still in affect via Zoom at cityofglendora.org/zoom. At the public hearing, the City Council shall hear and consider all protests against the establishment of the assessment or the furnishing of specified types of improvements or activities within the Area. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing. The City Council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest.

If written protests are received from the owners of businesses in the proposed area which will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than that 50 percent, no further proceedings to levy the proposed assessment, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. If the majority protest is only against the furnishing of a specified type or types of improvement or activity within the area, those types of improvements or activities shall be eliminated.

At the conclusion of the public hearing to establish the assessment for the fiscal year 2022-2023, the City Council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments.

However, proposed assessments may only be revised by reducing any or all of them.

SECTION 10. The City Clerk is hereby directed to mail a complete copy of this resolution of intention and a cover letter advising that the City Council has been requested to set the fiscal year 2022-2023 annual assessment as permitted under the California Streets and Highways Code by first-class mail to each business owner in the Area within seven days of the City Council’s adoption of this Resolution of Intention. The cover letter shall further advise that a public meeting date has been set where the City Council shall allow public testimony regarding the proposed assessments of businesses within the Area. The cover letter shall further advise that a public hearing date has been set for the City Council to hear oral and written testimony from interested parties and at the end of that public hearing the City Council shall determine if there is sufficient protests equaling 50 percent or more of the assessments proposed to be levied.

SECTION 11. The City Clerk is hereby directed to give notice of said public meeting and public hearing by causing this Resolution of Intention to be published once in a newspaper of general circulation in the City of Glendora not less than seven days before the public hearing. In addition, the City Clerk shall give joint notice of said public meeting and hearing as provided for under Government Code (Section 54954.6) as follows: The joint notice of both the public meeting and the public hearing shall be accomplished by placing a display advertisement of at least one-eighth page in a newspaper of general circulation for three weeks pursuant Gov’t Code Section 6063 and by a first-class mailing to those interested parties who have filed a written request with the local agency for mailed notice of public meetings or hearings on new or increased general taxes. The public hearing shall take place no earlier than seven days after the public meeting. The public hearing shall take place no earlier than 45 days after the first publication of the joint notice.

SECTION 12. Interested persons may contact Valerie Velasquez, Economic Development and Housing Manager, 116 E. Foothill Blvd., Glendora CA 91741, Telephone Number 626-914-8292, to receive additional information about the assessment. Protests against the proposed assessment shall be mailed or delivered to: City Clerk, City of Glendora, 116 E. Foothill Boulevard, Glendora, California, 91741.

SECTION 13. The Mayor shall sign this Resolution and the same shall take effect upon adoption of this Resolution and shall be enforced in accordance with the terms and conditions thereof.

APPROVED and PASSED this 22nd day of March, 2022.

City Council of Glendora, California
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 22nd day of March, 2022, by the following vote:

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

NOES: COUNCIL MEMBERS: None.

ABSENT: COUNCIL MEMBERS: None.

ABSTAIN: COUNCIL MEMBERS: None.

Dated: March 23, 2022
Kathleen R. Sessman, City Clerk/Communications Director EXHIBIT A – BID AREA MAP
EXHIBIT B – FY 2022-2023 ASSESSMENT METHODOLOGY
Primary Businesses

1. Each “Primary Business” shall be assessed $200 per year. A “Primary Business” is the principal business at a particular address or location.

2. A “Primary Business” shall be subject to additional assessments based on the following factors:
a. “Business Category”
i. Retail and food services classified as a category 210 business pursuant to the City’s business license regulations shall be assessed $200 per year.
ii. All other business categories shall be assessed $100 per year. b. “Business Location”
i. (Tier 1) Businesses with a first floor entrance or storefront, and located with an address on Glendora Avenue shall be assessed $200 per year.
ii. (Tier 2)
a. Businesses with a first floor entrance or storefront, and located with an address on Foothill Boulevard shall be
assessed $100 per year.
b. Businesses with a Glendora Avenue address, but without a direct entry or storefront fronting on Glendora Avenue (e.g. fronting on the Plaza) shall be assessed $100 per year.
iii. (Tier 3) Businesses with a second floor location shall have their “Primary Business” assessment reduced by $100. iv. (Tier 4) Commercial property owners subject to the business license tax, and without a physical office location in the BID, shall not be assessed a Business Location component as part of their annual assessment.

Secondary Businesses

1. Each “Secondary Business” at a particular address or location shall be assessed $100 per year. A “Secondary Business” is a business that, operates at the same location, but is subordinate to a “Primary Business.”
$0 Assessment Businesses

1. The following businesses shall pay $0 BID assessments a. Independent Contractors including individuals working under contract for a Primary or Secondary Business, who is required to have a business license. Examples include hair salon stylists and real estate agents. b. Businesses and apartment buildings identified in the attached map.

Glendora Business Improvement District
$0 – Exempt Assessment Location Map
Publish in the San Gabriel Valley Examiner on April 7, 2022. #GD01 Item #4. Page 4
Meeting Date: 5/24/2022 / Packet Page #: 39
San Gabriel Valley Examiner
709 E. Route 66 Ste. A
Glendora, CA 91740
626-852-3374
City of Glendora
Attn: City Clerk
116 E. Foothill Blvd.

Glendora, CA 91741

PROOF OF PUBLICATION
(201 5.5 C.C.P.)

STATE OF CALIFORNIA
County of Los Angeles
I am over the age of eighteen years, I am not
a party to the above-entitled matter. I am the
principal clerk of the Publisher of the San
Gabriel Valley Examiner, an adjudicated
newspaper of general circulation printed and
published weekly in the City of Glendora,
County of Los Angeles. The San Gabriel Valley
Examiner has been adjudged a newspaper of
general circulation by the Superior Court of
the County of Los Angeles, State of California,
under the date of July 19, 1999, case Number
KS 005341. The notice, of which the annexed
is a true printed copy, has been published in
each regular and entitled issue of said
newspaper and not any supplement thereof on
the following dates to wit:

April 7, 14 and 21 2022
I declare under penalty of perjury that the
foregoing is true and correct.

Executed in the City of Glendora, Los Angeles
County, California
On this 21st day of April 2022.

Signature

GLENDORA CITY COUNCIL

JOINT NOTICE
OF

PUBLIC MEETING AND PUBLIC HEARING
Notice is hereby given that the Glendora City Council has adopted a Resolution announcing intentions to levy and collect assessments for the 2022-23 Fiscal Year for the Glendora Village Business Improvement District as permitted by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.)
A public meeting and public hearing shall be held to receive public testimony regarding the proposed assessments of businesses in the area. The public meeting and public hearing shall be held in the City Council Chamber at 116 East Foothill Boulevard, Glendora, California 91741.

Public Meeting Date: May 10, 2022 at 7:00 p.m.

Public Hearing Date: May 24, 2022 at 7:00 p.m.

Environmental: 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.

Contact Person: Valerie Velasquez, Economic Development and Housing Manager, (626) 914-8292.

If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the public entity conducting the hearing at, or prior to, the public hearing.

Kathleen R. Sessman
City Clerk/Communications Director, City of Glendora
Publish in the San Gabriel Valley Examiner on April 7, 14 and 21 2022. #GD03 Item #4. Page 5
Meeting Date: 5/24/2022 / Packet Page #: 40
RESOLUTION CC 2022-____

A RESOLUTION OF THE CITY COUNCIL ADOPTING THE LEVY AND

COLLECTION OF ASSESSMENTS FROM THE GLENDORA VILLAGE
BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2022-23 AS

PERMITTED BY THE PARKING AND BUSINESS IMPROVEMENT AREA
LAW OF 1989 (CALIFORNIA STREETS AND HIGHWAY CODE SECTION 36500 et seq.)

THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City Council has previously established the Glendora Village Business Improvement District as provided by the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.); and WHEREAS, the Glendora Village Business Improvement District Board and the City Council of the City of Glendora have determined that the Business Improvement District benefits the Area within the District by generating revenue for businesses within the Area to improve the physical and financial health of the Glendora Village, which serves as a business, social and cultural center of the City of Glendora, and thereby enhances the city’s community at large; and WHEREAS, following adoption, mailing and publication of a Resolution of Intent to Levy and Collect the Assessments, the City Council held a public meeting on May 10, 2022 to allow public testimony regarding the Fiscal Year 2022-2023 proposed work plan and proposed Fiscal Year 2022-2023 assessments of businesses within the Area; and WHEREAS, the City Council held a public hearing on May 24, 2022, and heard and considered all protests against the establishment of the assessment or the furnishing of specified types of improvements or activities within the Area; and WHEREAS, the written protests received from the owners of businesses in the Area totaled less than 50 percent of the assessments.

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

SECTION 1. Pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.), the City Council declares its intention to continue the Glendora Village Business Improvement District and levy and collect assessments within the District for the purpose of marketing and promoting activities which will benefit the businesses located and operating within the Area of the Business Improvement District for the Fiscal Year 2022-2023.

SECTION 2. The territorial boundaries in the Area of the District are identified in the Area map attached hereto as Exhibit A and made a part hereof, which generally includes all businesses that abut Foothill Boulevard (north & south), east side of Vermont Avenue, south side of Bennett Avenue and the west side of Vista Bonita Avenue, and more specifically described as:
beginning at the intersection of the centerline of Bennett Avenue (80 feet wide) and the centerline Item #4. Page 6
Meeting Date: 5/24/2022 / Packet Page #: 41
Resolution CC 2021-_____ Page 2 of 6
of Vermont Avenue (60 feet wide); then easterly along the centerline of said Bennett Avenue to the centerline of Vista Bonita Avenue ( 60 feet wide); thence southerly along the centerline of said Vista Bonita Avenue to the centerline of Foothill Boulevard (80 feet wide); thence westerly along the centerline of said Foothill boulevard to the centerline of Glendora Avenue; thence westerly 219.88 feet; thence southerly 119.90 feet, thence westerly to the centerline of said Vermont Avenue; thence northerly along the centerline of said Vermont Avenue ending at the centerline of said Bennett Avenue. The Area map identifying the proposed area is also on file in the office of the city clerk. The Area of the District has not changed.

SECTION 3. The type or types of improvements and activities proposed to be funded by the levy of assessments on businesses in the Area include all “Improvements” and “Activities” permitted under Sections 36510 & 36513 of Streets and Highway Code, specifically: (a) “Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to parking facilities, benches, trash receptacles, street lighting, decorations, parks, and fountains; (b) “Activities” means, but is not limited to, promotion of public events which benefit businesses in the area and which take place on or in public places within the area, furnishing of music in any public place in the area, promotion of tourism within the area and activities which benefit businesses located and operating in the area. Except where funds are otherwise available, an assessment will be levied annually to pay for all improvements and activities within the Area.

SECTION 4. The City Council of the City of Glendora hereby approves and authorizes the levy and collection of the assessment. The method and basis of levying the annual assessment for each business in the Area for the fiscal year 2022-2023 is set forth in Exhibit B attached hereto and made a part hereof. The formula consists of several elements in order to determine the total assessment a business would pay, based on the type of business, whether the business is retail/food service or other service, and the physical location of the business.

SECTION 5. The report approved by the Glendora Village Business Improvement District Board for the fiscal year 2022-2023 is on file in the City Clerk’s office, and contains a full and detailed description of the planned improvements and activities, the boundaries of the Area, and the recommended assessments to be levied upon the businesses within the Area for the fiscal year 2022-2023.

SECTION 6. All businesses shall pay their annual assessment when they obtain, renew or change their businesses license with the City of Glendora.

SECTION 7. The City Council shall not exempt a business recently established in the Area from the levy of the assessments as allowed in Streets & Highways Code Section 36531.

SECTION 8. The Mayor shall sign this Resolution and the same shall take effect upon adoption of this Resolution and shall be enforced in accordance with the terms and conditions thereof.

SECTION 9. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

Item #4. Page 7
Meeting Date: 5/24/2022 / Packet Page #: 42
Resolution CC 2021-_____ Page 3 of 6
APPROVED and PASSED this 10th day of May, 2022.

City Council of Glendora, CA
BY:

KAREN K. 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 May, 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 #4. Page 8
Meeting Date: 5/24/2022 / Packet Page #: 43
Resolution CC 2021-_____ Page 4 of 6
EXHIBIT A – BID BOUNDARY MAP
Item #4. Page 9
Meeting Date: 5/24/2022 / Packet Page #: 44
Resolution CC 2021-_____ Page 5 of 6
EXHIBIT B – ASSESSMENT METHODOLOGY
Primary Businesses

1. Each “Primary Business” shall be assessed $200 per year. A “Primary Business” is the principal business at a particular address or location.

2. A “Primary Business” shall be subject to additional assessments based on the following factors:
a. “Business Category”
i. Retail and food services classified as a category 210 business pursuant to the City’s business license regulations shall be assessed $200 per year. ii. All other business categories shall be assessed $100 per year. b. “Business Location”
i. (Tier 1) Businesses with a first floor entrance or storefront, and located with an address on Glendora Avenue shall be assessed $200 per year. ii. (Tier 2)

1. Businesses with a first floor entrance or storefront, and located with an address on Foothill Boulevard shall be assessed $100 per year.

2. Businesses with a Glendora Avenue address, but without a direct entry or storefront fronting on Glendora Avenue (e.g. fronting on the Plaza) shall be assessed $100 per year.
iii. (Tier 3) Businesses with a second floor location shall have their “Primary Business” assessment reduced by $100.
iv. (Tier 4) Commercial property owners subject to the business license tax, and without a physical office location in the BID, shall not be assessed a Business Location component as part of their annual assessment.

Secondary Businesses

1. Each “Secondary Business” at a particular address or location shall be assessed $100 per year. A “Secondary Business” is a business that, operates at the same location, but is subordinate to a “Primary Business.”
$0 Assessment Businesses

1. The following businesses shall pay $0 BID assessments a. Independent Contractors including individuals working under contract for a Primary or Secondary Business, who is required to have a business license.

Examples include hair salon stylists and real estate agents. b. Businesses and apartment buildings identified in the attached map.

Item #4. Page 10
Meeting Date: 5/24/2022 / Packet Page #: 45
Resolution CC 2021-_____ Page 6 of 6
Glendora Business Improvement District
$0 – Exempt Assessment Location Map
Item #4. Page 11
Meeting Date: 5/24/2022 / Packet Page #: 46

CALL TO ORDER
Mayor Davis called the SPECIAL MEETING of the City Council of the City of Glendora to order at 5:00 p.m. and announced that due to technical difficulties; the meeting could not be streamed through the City’s website and would be streamed via the City's YouTube channel and Zoom Communications

ROLL CALL
Council Member Present: Michael Allawos, David Fredendall, Mendell Thompson, Mayor Pro Tem Gary Boyer via Zoom, Mayor Karen Davis
Council Member Absent: None
Staff members present: City Manager Adam Raymond, Library Director Janet Stone, Digital Media Specialist Craig Gill, Senior Digital Media Specialist Greg Morton, Administrative Assistant Lorena Cordova, and Deputy City Clerk/Records Manager Elvia Dominguez

PUBLIC COMMENT
Mayor Davis opened the public comment period and inquired if any requests had been received to provide public comment. There were no written correspondence and/or request from participants wishing to provide comment; therefore, Mayor Davis closed the public comment period.

UNFINISHED BUSINESS

1. Conduct interviews and appoint applicants to fill expiring vacancies on City Council appointed Boards/Commissions for terms that expire on June 30, 2022 (Office No. 1 term:

July 1, 2022).

RECOMMENDATION: 1. Conduct interviews and appoint a representative to fill expiring vacancy on Board of Library Trustees.

City of Glendora Minutes
City Council Special Meeting
Tuesday, May 10, 2022
Council Chamber
116 E. Foothill Boulevard
Virtually via Zoom ID 9329247224
Item #5. Page 1
Meeting Date: 5/24/2022 / Packet Page #: 47
Minutes Tuesday, May 10, 2022 Page 2 of 2
City Council Meeting City Council Special Meeting
The City Council interviewed the following candidates:

Time Applicants
5:00 pm Christine Brodeur
5:10 pm Kristina Delano
5:20 pm Carrie Ann Johnson
5:30 pm Nancy A. Nash
Immediately following interviews, Mayor Davis announced nominations now in order and requested nominations:

Mayor Pro Tem Boyer nominated Christine Brodeur
An oral roll call vote was taken, and the motion failed 1 - 4 as follows: AYES: Gary Boyer NOES: Michael Allawos, David J. Fredendall, Mendell Thompson, and Karen K. Davis; ABSENT: (None); ABSTAIN: (None).

City Manager Raymond recommended that candidates be nominated by motion and the first to receive a majority vote would be appointed to fill one remaining vacancy.

A motion was then made by Council Member Allawos, seconded by Council Member Fredendall to appoint Carrie Ann Johnson
An oral roll call vote was taken, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, and Karen K. Davis NOES:(None); ABSENT: (None); ABSTAIN: (None).

Deputy City Clerk/Records Manager Dominguez announced that Carrie Ann Johnson was appointed by acclamation to fill the vacancy in Office No. 1 for a three-year term starting July 1, 2022.

Mayor Davis thanked applicants and congratulated Ms. Johnson.

ADJOURNMENT
Mayor Davis adjourned the meeting at 5:54 p.m.

Kathleen R. Sessman, MMC
City Clerk/Communication Director
Minutes were approved on __________________ by the City Council of the City of Glendora.

Item #5. Page 2
Meeting Date: 5/24/2022 / Packet Page #: 48

CALL TO ORDER
Mayor/Chair Davis called the meeting of the City Council, Successor Agency to the former Community Redevelopment Agency (CRA), and Housing Authority of the City of Glendora to order at 6:00 p.m. and announced that due to technical difficulties; the meeting could not be streamed through the City’s website and would be streamed via the City's YouTube channel and Zoom Communications

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

Thompson, Mayor Pro Tem/Vice-Chair Gary Boyer (via zoom communications) and Mayor/Chair Karen K. Davis
Members absent: None
Staff Members present: City Manager/Executive Director Adam Raymond, City/Agency Attorney William Wynder, Assistant City Manager Moises Lopez, Public Works Director Alison Sweet, Administrative Services Director/Treasurer Marie Ricci, Community Development Director Jeff Kugel, Community Services Director John Aguirre, Library Director Janet Stone, Assistant Public Works Director Michael Sledd, Captain/Sergeant at Arms Matt Williams Police Support Services Supervisor Marc Archibald, Police Sergeant Jason Tibbits, Digital Media Specialist Craig Gill, Senior Media Specialist Greg Morton, Administrative Assistant Lorena Cordova, and Deputy City Clerk/Records Manager Elvia Dominguez

CLOSED SESSION
City Attorney Wynder announced that, by law, Council members could attend closed session virtually utilizing Zoom Communications and read the Closed Session titles into the record as follows:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS A closed session will be held, pursuant to Government Code §54956.8, enable the City Council and Housing Authority to consider negotiations with Paul S. Hansen, with whom City is negotiating, and to give direction to its negotiator(s) Adam Raymond, Moises Lopez, Jeff Kugel, and Valerie Velasquez regarding that certain real property 1133 S. Grand Avenue, APN 8632-019-039.

The City’s real property negotiator will seek direction from the City Council regarding the price and terms of payment for the property; and with 1839 Galveson LLC, with whom City is negotiating, and to give direction to its negotiator(s) Adam Raymond, Moises Lopez, Jeff Kugel, and Valerie Velasquez regarding that certain real property 1138 S. Grand Avenue, APN 8641-001-03. The City’s real property negotiator will seek direction from the City Council regarding the price and terms of payment for the property.

City of Glendora Minutes
City Council, Successor Agency
and Housing Authority
Tuesday, May 10, 2022
Council Chamber
116 E. Foothill Boulevard
Virtually via Zoom ID 9329247224
Item #5. Page 3
Meeting Date: 5/24/2022 / Packet Page #: 49
Minutes Tuesday, May 10, 2022 Page 2 of 11
City Council Regular Joint Meeting

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS A closed session will be held pursuant to Government Code §54956.8 to enable the City Council to consider negotiations with Foothill Transit, with whom City is negotiating, and to give direction to its negotiator(s) Adam Raymond and Moises Lopez regarding that certain real property 127 N. Vista Bonita Avenue, APN 8638-014-907. The City’s real property negotiator will seek direction from the City Council regarding the price and terms of payment for the property.

Mayor/Chair Davis invited public comment and inquired if any requests had been received.

There were no written correspondence and/or request from participants wishing to provide public comment; therefore, Mayor/Chair Davis convened the meeting into Closed Session at 6:02 p.m.

Mayor/Chair Davis adjourned Closed Session and reconvened the meeting back into Open Session at 6:53 p.m. with all Members present and requested that City/Agency Attorney Wynder report out of Closed Session.

City/Agency Attorney Wynder stated that Closed Session was held to discuss two (2) Closed Session items and reported that the following actions relating to Items #1 and #2 were taken, privileged and confidential briefings were given on both items and the City Council gave further authority to negotiate.

INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Pastor Hillary Chrisley of Unite Methodist Church.

The Pledge of Allegiance was led by Glendora Brownie Troop 1944.

STUDENT REPORTS - NONE

REORDERING OF AND ADDITIONS TO THE AGENDA
There were no requests to reorder or additions to the agenda.

PUBLIC COMMENT
Mayor/Chair Davis opened the public comment period. Written correspondence and/or requests to provide comments were received from the following: Steve Staky, David Morse, Rich Patton, Erica Landmann, and Dennis Willut. There were no additional request received; therefore, Mayor/Chair Davis closed the public comment period.

MEMBER STATEMENTS/REPORTS
Council Member/Commissioner Allawos commented on his attendance at an Eagle Scout event, and commented on attending the National Day of Prayer in front of city hall Council Member/Commissioner Fredendall announced the Fairmont Pioneer Cemetery Memorial Day Observance scheduled on May 30, 2022 at 11:00 a.m. and invited all to attend.

Item #5. Page 4
Meeting Date: 5/24/2022 / Packet Page #: 50
Minutes Tuesday, May 10, 2022 Page 3 of 11
City Council Regular Joint Meeting
Council Member/Commissioner Thompson also commented on his attendance at the National Day of Prayer event; announced the publication of the Community Services activity guide; and gave a Goldline update.

Mayor Pro Tem Boyer commented on his need to participate in the meeting remotely; commented on the Goldine project; reported on his attendance at a Southern California Council of Governments (SCAG) meeting related to housing.

Mayor/Chair Davis reported on her attendance at a Southern California Edison (SCE) Emergency Operations Center.

CITY MANAGER AND CITY ATTORNEY STATEMENTS
No statements were given.

SPECIAL ITEMS

3. Proclamation recognizing May 11 - 17, 2022 as "National Police Week" and May 15, 2022 as "Peace Officers Memorial Day"
A proclamation proclaiming May 11 - 17, 2022 as "National Police Week" and May 15, 2022 as "Peace Officers Memorial Day" was read into the record by Council Member Fredendall and presented to Officer Ward, Officer Gigliobianco, and Police Sergeant Tibbits, who accepted the proclamations on behalf of the Glendora Police Department.

PUBLIC HEARINGS

4. Annual Action Plan FY 2022-2023 for the Community Development Block Grant (CDBG) Program.

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

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

Mayor Davis invited public testimony and inquired if any requests have been received. There were no written correspondence and/or requests from participants wishing to provide public testimony; therefore, Mayor/Chair Davis closed the Public Hearing.

City Council discussion included an overview of the 5-year consolidated plan, when planning for the next 5-year consolidated plan will start; how projects are identified; and public outreach efforts.

There were no additional questions or comments; therefore, Mayor Davis closed the Public Hearing.

A motion was made by Michael Allawos, seconded by David J. Fredendall, to 1. Approve the Annual Action Plan FY 2022-2023; and 2. Authorize staff to adjust funding levels based on actual Item #5. Page 5
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allocation, and 3. Authorize the City Manager to submit an application for CDBG funding to the Department of Housing and Urban Development (HUD).

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, and Karen K. Davis; NOES:
(None); ABSENT: (None); ABSTAIN: (None).

5. Public Meeting to receive testimony regarding a proposal to levy and collect assessments for the Fiscal Year 2022-2023 for the Glendora Village Business Improvement District.

Mayor Davis read title into the record and opened the public meeting.

Staff report was given by Economic Development and Housing Manager Velasquez.

Mayor Davis invited public testimony and inquired if any requests have been received. There were no written correspondence and/or requests from participants wishing to provide public testimony; therefore, Mayor Davis closed the public meeting.

No additional comments were made by Council..

CONSENT CALENDAR
A motion made by Michael Allawos, seconded by David J. Fredendall, to approve Consent Calendar Items #6 - #9 as presented affirming the actions appropriate to each item.

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, and Karen K. Davis; NOES: (None); ABSENT: (None); ABSTAIN: (None).

6. Affirm minutes from April 25, 2022 Special City Council and Planning Commission Meeting, and April 26, 2022 City Council, Successor Agency for the former Community Redevelopment Agency, and Housing Authority Meeting
RECOMMENDATION: Affirm minutes as presented.

The City Council, Successor Agency and Housing Authority affirmed the minutes as presented.

7. Review and affirm disbursements for April 2022 in the amount of $3,286,506.86 RECOMMENDATION: 1. Review and affirm disbursements for April 2022 in the amount of $3,286,506.86.

The City Council, Housing Authority reviewed and affirmed disbursements for April 2022 in the amount of $3,286,506.86.

8. 2020 State Homeland Security Program Subrecipient Agreement Item #5. Page 6
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RECOMMENDATION: 1. Approve the 2020 State Homeland Security Program Subrecipient Agreement, and 2. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes.

The City Council 1. approved the 2020 State Homeland Security Program Subrecipient Agreement; and 2. Authorized the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes.

9. Resolution and second reading of an Ordinance adding section 9.20.120 through 9.120.130 to Chapter 9.20 "Parks and Public Places," of Title 9 "Public Peace Morals and Safety," of the Glendora Municipal Code, to regulate Homeless encampments on, near, or upon critical infrastructure, sensitive use property, or in areas of high fire risk RECOMMENDATION: 1. Adopt on second reading an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL ADDING NEW SECTIONS 9.20.120 THROUGH 9.20.130 TO CHAPTER 9.20, “PARKS AND PUBLIC PLACES,” OF TITLE 9 “PUBLIC PEACE MORALS AND SAFETY,” OF THE GLENDORA

MUNICIPAL CODE, TO REGULATE HOMELESS ENCAMPMENTS ON, NEAR, OR

UPON CRITICAL INFRASTRUCTURE, SENSITIVE USE PROPERTY, OR IN AREAS OF HIGH FIRE RISK," and 2. Adopt a City Council Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL IMPLEMENTING SECTIONS 9.20.120 THROUGH 9.20.130 TO CHAPTER 9.20, “PARKS AND PUBLIC PLACES,” OF TITLE 9 “PUBLIC PEACE MORALS AND SAFETY,” OF THE GLENDORA

MUNICIPAL CODE, TO REGULATE HOMELESS ENCAMPMENTS ON, NEAR, OR

UPON CRITICAL INFRASTRUCTURE, SENSITIVE USE PROPERTY, OR IN AREAS OF HIGH FIRE RISK."
The City Council 1. Adopted on second reading Ordinance 2067 entitled, "AN ORDINANCE OF THE CITY COUNCIL ADDING NEW SECTIONS 9.20.120 THROUGH 9.20.130 TO CHAPTER 9.20, "PARKS AND PUBLIC PLACES," OF TITLE 9 "PUBLIC PEACE MORALS AND SAFETY," OF THE GLENDORA MUNICIPAL CODE, TO REGULATE HOMELESS

ENCAMPMENTS ON, NEAR, OR UPON CRITICAL INFRASTRUCTURE, SENSITIVE USE PROPERTY, OR IN AREAS OF HIGH FIRE RISK," and 2. Adopt a City Council Resolution CC 2022-17 entitled, "A RESOLUTION OF THE CITY COUNCIL IMPLEMENTING SECTIONS 9.20.120 THROUGH 9.20.130 TO CHAPTER 9.20, "PARKS AND PUBLIC PLACES," OF TITLE 9 "PUBLIC PEACE MORALS AND SAFETY," OF THE GLENDORA

MUNICPAL CODE, TO REGULATE HOMELESS ENCAMPMENTS ON, NEAR, OR UPON

CRITICAL INFRASTRUCTURE, SENSITIVE USE PROPERTY, OR IN AREAS OF HIGH FIRE RISK."

MEMBER AGENDA ITEMS

10. Antique Streetlight Project Update
RECOMMENDATION: Receive, discuss and provide direction how to proceed with the Antique Streetlight Project
Staff report and PowerPoint was presented by Public Works Director Sweet.

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City Council discussion included pro and cons of polling historic district residents for interest in reinstituting the antique streetlights; options for funding the project; and how the outreach and polling should be conducted.

City Attorney Wynder announced that as Mayor Pro Tem Boyer owns property within the historic district, and that he would recuse himself from the vote.

A motion was made by Mendell Thompson, seconded by Michael Allawos, to 1. Authorize supplemental appropriation of 55,000 from fund 321 to complete plans; 2. Authorize staff to engage Engineering firm to assess and conduct polling to gage resident/owners support for the effort; and 3. Authorize staff to develop a Adhoc process for group of no more than eleven people to begin feasibility dialogue
An oral roll call vote was conducted, and the motion carried 4 - 0 - 1 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, and Karen K. Davis; NOES: (None); ABSENT: (None); RECUSE: Gary Boyer.

UNFINISHED BUSINESS

11. Approve change Order No. 6 for St. Vladimir Street, Cossacks Place and Lawford Street Water and Street Improvements for installation of sidewalks between Lawford Street to South Valley Center Avenue on south side of Saint Vladimir Street, Plan No. 1328 in the amount of $364,650 (Strategic Plan Item 46 - IMCIF)
RECOMMENDATION: 1. Ratify authorization for Contract Change Order No. 6 in the amount of $364,650; and 2. Approve a supplemental appropriation in the amount of $401,115 from Fund 321 (CIP Reserve).

Staff report and PowerPoint was presented by Public Works Director Sweet.

City Council discussion included scope and timeline of the agreement and change order; how future change orders would be prevented; and coordination of work with other street related projects.

A motion was made by Michael Allawos, seconded by David J. Fredendall, to 1. Ratify authorization for Contract Change Order No. 6 in the amount of $364,650; and 2. Approve a supplemental appropriation in the amount of $401,115 from Fund 321 (CIP Reserve).

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, and Karen K. Davis; NOES: (None); ABSENT: (None); ABSTAIN: (None).

12. Approve Amendment No. 1 to the Contract Services Agreement with JMDiaz, Inc. for Staff Augmentation for Public Works Department-Engineering Division RECOMMENDATION: 1. Approve Amendment No. 1 to a Contract Services Agreement with JMDiaz, Inc. for Staff Augmentation for the Public Works Department - Engineering Division in the amount not to exceed $1,092,295; and 2. Authorize the City Manager, or Item #5. Page 8
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his designee, to execute Amendment No. 1, including making minor non-substantive changes.

Staff report and PowerPoint was presented by Public Works Director Sweet.

Council discussion included need for the amendment and expected scope of services provided by the consultant.

A motion was made by Michael Allawos, seconded by Karen K. Davis, to 1. Approve Amendment No. 1 to a Contract Services Agreement with JMDiaz, Inc. for Staff Augmentation for the Public Works Department - Engineering Division in the amount not to exceed $1,092,295; and 2.

Authorize the City Manager, or his designee, to execute Amendment No. 1, including making minor non-substantive changes.

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, and Karen K. Davis; NOES: (None); ABSENT: (None); ABSTAIN: (None).

NEW BUSINESS

13. Discuss the cancellation of Regular Joint Meetings for the 2022 Summer Season RECOMMENDATION: 1. Provide directions to staff.

Staff report was presented by Deputy City Clerk/Records Manager Dominguez.

Council discussion included clarification that a Special meeting could be called if needed.

A motion was made by Mendell Thompson, seconded by Michael Allawos, to approve option 2 and cancel City Council meetings on July 26, 2022 and August 9, 2022 for the 2022 Summer season.

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, and Karen K. Davis; NOES: (None); ABSENT: (None); ABSTAIN: (None).

14. An Urgency Ordinance adopting a military equipment use policy consistent with the requirements of Assembly Bill No. 481
RECOMMENDATION: Adopt a City Council Urgency Ordinance entitled, "AN

URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA

ADOPTING A MILITARY EQUIPMENT USE POLICY CONSISTENT WITH THE REQUIREMENTS OF ASSEMBLY BILL NO. 481"
Staff report and PowerPoint was presented by Police Sargent Tibbits.

Council discussion included an overview of AB481 requirements.

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A motion was made by David J. Fredendall, seconded by Mendell Thompson, to 1. Adopt a City Council Urgency Ordinance 2068 entitled, "AN URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF GLENDORA ADOPTING A MILITARY EQUIPMENT USE POLICY CONSISTENT WITH THE REQUIREMENTS OF ASSEMBLY BILL NO. 481." An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, and Karen K. Davis; NOES: (None); ABSENT: (None); ABSTAIN: (None).

15. Approve a Purchase Order with International Armored Group US, Inc. for the purchase of a Sentinel Armored Rescue Vehicle (ARV) in the amount of $340,000 RECOMMENDATION: 1. Approve the purchase for a Sentinel Armored Rescue Vehicle (ARV) from International Armored Group in the amount of $340,000, using COPS funds (Citizens Options for Public Safety); 2. Approve a budget appropriation; authorizing the Administrative Director to make necessary budget adjustments; and 3. Authorize the City Manager or his designee, to execute an agreement with International Armored Group US, Inc., including making minor and non-substantive changes.

Staff report and PowerPoint was presented by Police Support Services Supervisor Archibald.

Council discussion included need for the vehicle, cost and funding for the vehicle; whether the vehicles are warrantied; and funding sources for the purchase.

A motion was made by Michael Allawos, seconded by Mendell Thompson, to 1. Approve the purchase for a Sentinel Armored Rescue Vehicle (ARV) from International Armored Group in the amount of $340,000, using COPS funds (Citizens Options for Public Safety); 2. Approve a budget appropriation authorizing the Administrative Director to make necessary budget adjustments; and 3. Authorize the City Manager or his designee, to execute an agreement with International Armored Group US, Inc., including making minor and non-substantive changes.

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, and Karen K. Davis; NOES:
(None); ABSENT: (None); ABSTAIN: (None).

16. Approve a second amendment to the agreement with Merrimac Petroleum, Inc. dba Merrimac Energy Group for the delivery of unleaded and diesel fuels to increase the annual agreement amount to $452,000, piggyback on the agreement between Merrimac Energy Group and the City of Huntington Beach, and execute the fourth 1-year extension option, Appropriate $83,000 from Vehicle Fund 549 Reserves to the Fiscal Year 2021/22 Vehicle Fund Fuel Account 549-6563-51650, and Increase the Fiscal Year 2022/23 Budget for Vehicle Fund Fuel Account 549-6563-51650 by $183,000 to a total of $489,000 (Strategic Plan Item 14-IFSS)
RECOMMENDATION: 1. Approve a second amendment to the agreement with Merrimac Petroleum, Inc. dba Merrimac Energy Group for the delivery of unleaded and diesel fuels to increase the annual agreement amount to $452,000, piggyback on the agreement between Merrimac Energy Group and the City of Huntington Beach, and execute the fourth 1-year extension option, 2. Authorize the City Manager or his designee to execute the Item #5. Page 10
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agreement including minimal and/or non-substantive changes, 3. Approve a supplemental appropriation in the amount of $83,000 from Vehicle Fund 549 Reserves for Fiscal Year 2021/22.

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

City Council discussion included clarification that one additional one-year extension is remaining on the contract and that pricing estimates are being based on current market processes; clarification that fuel contract cannot be at a flat rate and that the cost cap proposed includes fluctuation in gas prices based on fuel market conditions; current city estimated diesel usage; and clarification that the city and public is taxed for fuel at the same rate.

A motion was made by Michael Allawos, seconded by Karen K. Davis, to 1. Approve Amendment No. 2 to the agreement with Merrimac Petroleum, Inc. dba Merrimac Energy Group for the delivery of unleaded and diesel fuels to increase the annual agreement amount to $452,000, piggyback on the agreement between Merrimac Energy Group and the City of Huntington Beach, and execute the fourth 1-year extension option, 2. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes, 3. Approve a supplemental appropriation in the amount of $83,000 from Vehicle Fund 549 Reserves for Fiscal Year 2021/22.

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, and Karen K. Davis; NOES: (None); ABSENT: (None); ABSTAIN: (None).

17. Award a Public Works Agreement to Horizons Construction Co. Int’l, Inc. for Citywide Slurry Seal FY 2021-2022, Plan No. 1350 in the amount of $177,672.59 (Strategic Plan Item 46-IMCIF)
RECOMMENDATION: 1. Award a Public Works Agreement to Horizons Construction Co. Int’l, Inc. for Citywide Slurry Seal FY 2021-2022, Plan No. 1350 in the amount of $175,183.84 from Road Maintenance Rehabilitation Account Fund, Capital Improvement Account 256-999-70000, and $2,488.75 from Water Operations Fund, Pump, Well, and Reservoir Repair Account 531-6571-56320, for a total of $177,672.59; 2. Adopt a Categorical Exemption from the California Environmental Quality Act Pursuant to Section 15301(c) of the California Code of Regulations; 3. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes; and

4. Authorize the Public Works Director to execute any necessary change orders in an amount not to exceed 10% of the original contract amount.

Staff report and PowerPoint was presented by Assistant Public Works Director Sledd City Council discussion included clarification that no additional engineering work is needed for street slurry seal process; project will add points to the overall City's Pavement Condition Index (PCI) score; current threshold for good PCI rating being 70; timeline for projects; potential for budget for street emergency projects; Measure E funding allocated to be used for these projects and signage; how the city determines types of street striping; and process for prioritizing slurry seal projects.

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A motion was made by Michael Allawos, seconded by David J. Fredendall, to 1. Award a Public Works Agreement to Horizons Construction Co. Int’l, Inc. for Citywide Slurry Seal FY 2021- 2022, Plan No. 1350 in the amount of $175,183.84 from Road Maintenance Rehabilitation Account Fund, Capital Improvement Account 256-999-70000, and $2,488.75 from Water Operations Fund, Pump, Well, and Reservoir Repair Account 531-6571-56320, for a total of $177,672.59; 2. Adopt a Categorical Exemption from the California Environmental Quality Act Pursuant to Section 15301(c) of the California Code of Regulations; 3. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes; and 4. Authorize the Public Works Director to execute any necessary change orders in an amount not to exceed 10% of the original contract amount.

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, and Karen K. Davis; NOES: (None); ABSENT: (None); ABSTAIN: (None).

18. Quarterly Capital Improvement Program Update (Strategic Plan Item 8-IFFS, 10-IFSS, 46- IMCIF, 48-IMCIF, 49-IMCIF, 50-IMCIF, 52-IMCIF, 53-IMCIF, 54-IMCIF) RECOMMENDATION: 1. Receive and file the May Quarterly Capital Improvement Program Update.

Staff report and PowerPoint was presented by Public Works Director Sweet.

City Council discussion included clarification that after project reprioritization and realignment with similar projects, Capital Improvement projects are on schedule; current completion of the playground upgrades at Gladstone Park and other upcoming park improvements; A motion was made by David J. Fredendall, seconded by Mendell Thompson, to 1. Receive and file the May Quarterly Capital Improvement Program Update.

An oral roll call vote was conducted, and the motion carried 5 - 0 as follows: AYES: Michael Allawos, David J. Fredendall, Mendell Thompson, Gary Boyer, and Karen K. Davis; NOES: (None); ABSENT: (None); ABSTAIN: (None).

MEMBER/STAFF CLOSING COMMENTS
There were no closing comments made.

ADJOURNMENT
Mayor/Chair Davis adjourned the meeting at 9:50 p.m.

Kathleen R. Sessman, MMC
City Clerk/Communication Director
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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).

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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 24, 2022
FROM: CITY CLERK DISTRICT(S): CITYWIDE
SUBJECT: CONSIDERATION OF A RESOLUTION ALLOWING FOR THE CONTINUED USE OF "INPERSON HYBRID APPROACH" FOR CITY OF GLENDORA BROWN ACT PUBLIC MEETINGS MAY 31, 2022 THROUGH JUNE 29, 2022

RECOMMENDATION
That the City Council:

1. Adopt a City Council Resolution entitled, “A RESOLUTION RE-RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND WHEN

APPLICABLE RE-AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF GLENDORA FOR THE 30-DAY PERIOD BEGINNING MAY 31, 2022 THROUGH JUNE 29, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 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 No. (“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 (consisting of Executive Orders N-25-20, N-29-20, N-35- 20).

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, 2022 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.

Starting at the March 22, 2022 City Council meeting, and again at its April 26, 2022 meeting the City Council adopted a resolution that returned the City to “In-Person” Brown Act meetings and allowed the City the flexibility to continue to conduct public meetings of the City via teleconferencing, in person and/or hybrid meetings pursuant to AB 361 if needed. The existing resolution is set to expire on May 30, 2022.

The resolution being proposed, if adopted allows the City to continue the “in-person hybrid approach” and maintain the flexibility to conduct teleconferenced, in person or hybrid meetings if the Governors’ declaration of emergency is still in effect and/or COVID protocols become more restrictive for an additional 30-day. If approved, the proposed resolution would expire on June 29, 2022.

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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 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, 2022 or they may hold meetings in accordance with the requirements of AB 361 (Attachment B).

Pursuant to AB 361, starting at the September 28, 2021 City Council meeting, and again at its October 26, 2021, November 9, 2021, January 25, 2022, February 28, 2022, and March 22, 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 and as of the writing of this report is in effect.

On Thursday, March 03, 2022 Los Angeles County released a new health order that revised mask and vaccination verification requirements. As of March 4, 2022, mask and vaccination verifications are no longer required for indoor public settings and businesses, they are now strongly recommended, for all persons, regardless of vaccine status.

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Starting at the March 22, 2022 City Council meeting, and again at its April 26, 2022 City Council meeting the City Council adopted resolutions that returned the City to “In-Person” Brown Act meetings and allowed the City the flexibility to continue to conduct public meetings of the City via teleconferencing, in person and/or hybrid meetings pursuant to AB 361 if needed. This “in-person hybrid approach” was utilized during all City public meetings in the months of April and May and is set to expire on May 30, 2022.

DISCUSSION
In order to have the flexibility to continue to conduct virtual meetings and utilize the City’s “in person hybrid approach”, 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.

If adopted, the proposed resolution will allow the City the flexibility to continue to conduct public meetings of the City via teleconferencing, in person and/or hybrid meetings pursuant to AB 361 through May 31, 2022, or as long as the Governors Declaration of Emergency is in effect.

City staff recommends City Council approved proposed resolution as it provides city staff with some flexibility and the City continues to navigate COVID recommendations and/or regulations from federal, state and county agencies. If the City Council, pending discussion, decides to not allow hybrid meetings by adopting the proposed resolution, all City Council members, board members, and commissioners will not be allowed to participate remotely, should the need arise.

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 Angeles.

AB 361 expires in January 2024, so long as the Governor has declared a state of emergency the City can continue to adopt a resolution pursuant to AB 361 which allows for the continuation of the virtual meetings if needed. As of April 15, 2022, the Governor’s Executive Order declaring a state of emergency is still in effect. AB 361 and Executive Order N-1-22 are attached for the Council's ease of reference (Attachments A - B).

Due to the fluidity in which COVID-19 infection protocols have been set and changed by Federal Government, State of California, County of Los Angeles agencies, staff is requesting to continue the “inperson hybrid approach” for another 30 day relating to City of Glendora public meetings.

The proposed resolution provides for the ability to continue to conduct in-person hybrid meetings pursuant to AB 361 through May 30, 2022, or as long as the Governors Declaration of Emergency is in effect.

While all meetings would be considered in-person public “Brown Act” meetings starting April 1, 2022 for the City Council, Board(s) and Commission(s) – for the period of time that the City is allowed to hold remote meetings under the cavalcade of public health orders, an elected or appointed official will have the ability to attend virtually, if needed.

In-Person Hybrid approach allows:
• Public attendance via Zoom or in-person.
• City Council and board/commission members will attend in-person (preference) or in Zoom (if Item #6. Page 3
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Staff Report Page 4 of 4
needed).
• City staff making presentations will also be encouraged, when possible, to attend and present in-person.
• City staff not presenting may continue to attend in person or via Zoom. • The Chamber will have medical grade masks, along with a supply of hand sanitizer, and wipes if needed and/or requested.
• Open doors and windows will provide ventilation, as the weather allows. • Capacity in Chamber, limited to approximately 40, will be established for the public and attendance will be on a first come, first served basis.

City staff will ensure all existing COVID protocols are being followed and continue to review changes that could occur with respect to health officer orders issued by the State of California and County of Los Angeles. While the City Council, board members and commissions may ultimately loose the ability to attend virtually, staff anticipates that public comments via Zoom will likely remain as an option to expand access to the City’s public meeting

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 Kathleen Sessman, City Clerk/Communications Director Concurs With Not Applicable
Reviewed By Kathleen R. Sessman, City Clerk/Communications Director Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Executive Order N-15-21
B. AB361
C. Resolution Public Meetings: In-Person Hybrid Approach May 31 – June 29, 2022 Item #6. Page 4
Meeting Date: 5/24/2022 / Packet Page #: 63

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 #6. Page 5
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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 #6. Page 6
Meeting Date: 5/24/2022 / Packet Page #: 65
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 #6. Page 7
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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
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54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The facts constituting the necessity are:

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

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

A RESOLUTION RE-RATIFYING THE PROCLAMATION OF A STATE
OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND

WHEN APPLICABLE RE-AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF
THE CITY OF GLENDORA FOR THE 30-DAY PERIOD BEGINNING
MAY 31, 2022 THROUGH JUNE 29, 2022 PURSUANT TO THE RALPH M.

BROWN ACT AND ASSEMBLY BILL NO. 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’t. 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, 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 No. 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
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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 various variants 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 Government Code § 54953(b)(3), as authorized by Government Code § 54953(e)(3) and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in Government Code § 54953(e)(2); and
WHEREAS, to ensure public access and participation Resolution No. 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.) WHEREAS, consistent with Assembly Bill No. 361 (“AB”), during the effectiveness of this Resolution, the Legislative Bodies and their staff will give notice of the manner by which members of the public may access the Legislative Bodies’ meetings and offer public comment; identify and include an opportunity for all persons to attend via a call-in option or an internetbased service option if conducting a meeting remotely; and allow members of the public to access Item #6. Page 27
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Resolution CC 2022-___ Page 3 of 4
the meeting, and the agenda shall include an opportunity for members of the public to address the Legislative Body directly

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

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

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 § 54953(e), the City Council finds and determines that (1) a state of emergency related to COVID19 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 COVID19 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 § 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 Legislative Bodies of the City and staff are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting all open and public meetings of the Legislative Bodies in accordance with the Brown Act and, specifically, AB 361 and Government Code § 54953(e), which provides for virtual meetings and hybrid meetings. In consultation with the Mayor for the City Council, or the chair of each commission as applicable, the City Manager shall have the discretion to determine whether a meeting of the City Council and/or any commission shall be remote or hybrid based on such factors including, but not limited to, current emergency conditions, trends and/or available resources to effectively provide services to the community and/or simultaneously respond to the emergency, in addition to technological capability, staffing availability, and number of anticipated attendees at planned meetings. It is the intent of this City Council that all City Council and commission meetings be conducted consistently to the extent practicable.

Section 5. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and go into effective starting May 31, 2022 until the earlier of June 29, 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 Government Code § (3) of subdivision (b) of section 54953(b)(3).

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Resolution CC 2022-___ Page 4 of 4
PASSED, APPROVED and ORDERED this ________ day of June, 2022.

City Council of Glendora, CA
BY:

KAREN K. 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 June 2022, by the following vote:

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

NOES: COUNCIL MEMBERS: None.

ABSENT: COUNCIL MEMBERS: None.

ABSTAIN: COUNCIL MEMBERS: None.

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 24, 2022
FROM: ADMINISTRATIVE SERVICES DISTRICT(S): CITYWIDE
SUBJECT: CITY OF GLENDORA AND GLENDORA SUCCESSOR AGENCY MONTHLY INVESTMENT ACTIVITY REPORT FOR APRIL 2022

RECOMMENDATION
That the City/Agency Council:

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

EXECUTIVE SUMMARY
The City’s book value of cash and investments for April 2022 totaled $121,579,393.31. This is an increase of $3,977,408 (+3%) compared to the previous month. The increase is due to the City receiving property tax revenue in the amount of $2.5 million and franchise fee payments from utilities totaling $650,000.

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 April, one security matured, resulting in neither a gain nor a loss. Investment purchases for the month of April included four government securities totaling $4,215,000.

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
Reviewed By Kyle Johnson, Assistant Finance Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
ATTACHMENTS:

Item #7. Page 1
Meeting Date: 5/24/2022 / Packet Page #: 89
Staff Report Page 2 of 2
A. April 2022 Investment Report
Item #7. Page 2
Meeting Date: 5/24/2022 / Packet Page #: 90

CITY OF GLENDORA

INVESTMENT REPORT SUMMARY
April 30, 2022
Pursuant to California Government Code Section 53600 et seq. and Section 16 of the City of Glendora’s Investment Policy, a monthly investment report must be provided to the City Council providing a clear picture of the status of the current investment portfolio. Included in the report are several specific items relating to portfolio holdings including, but not limited to, investment type, par value, market value, book value, coupon rate and yield to maturity. The report is in conformity with the City’s Investment Policy and California Government Code 53601. Per the policy, the report reflects pooled cash from all city funds. It does not reflect any restrictions associated with how each individual fund can be utilized. This information is provided through other financial reports that include the budget, Annual Comprehensive Financial Report and other financial reports available through the website. The objective of the City investments is to provide safety of principal and liquidity,while then providing a return on investments. (Section 4 of the policy). All brokered transactions are held by a third-party custodian designated by the Treasurer. (Section 14 of the policy). There is currently one custodial account, which is UBS Financial Services. Presented is a comparison of the average monthly yield and interest received from prior years for the same month, along with a visual graph. I hereby certify the investments are in compliance with the investment policy adopted by the City Council. The investment portfolio provides sufficient funds to meet the budgeted expenditures over the next six months. Approved By: __________________________________________________ Kyle Johnson, Asst. Director – Finance April 2020 2021 2022
Interest $155,225 $108,957 $54,053
Average Monthly Yield 1.85% 1.25% 0.96%

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2020 2021 2022
InterestAverage Monthly Yield
Item #7. Page 3
Meeting Date: 5/24/2022 / Packet Page #: 91
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Item #7. Page 4
Meeting Date: 5/24/2022 / Packet Page #: 92
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Item #7. Page 5
Meeting Date: 5/24/2022 / Packet Page #: 93
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Item #7. Page 6
Meeting Date: 5/24/2022 / Packet Page #: 94
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Item #7. Page 7
Meeting Date: 5/24/2022 / Packet Page #: 95
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Item #7. Page 8
Meeting Date: 5/24/2022 / Packet Page #: 96
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Item #7. Page 9
Meeting Date: 5/24/2022 / Packet Page #: 97
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Item #7. Page 10
Meeting Date: 5/24/2022 / Packet Page #: 98
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Item #7. Page 11
Meeting Date: 5/24/2022 / Packet Page #: 99
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Item #7. Page 12
Meeting Date: 5/24/2022 / Packet Page #: 100
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Item #7. Page 13
Meeting Date: 5/24/2022 / Packet Page #: 101
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 2CIG PG

Item #7. Page 14
Meeting Date: 5/24/2022 / Packet Page #: 102
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 2CIG PG

Item #7. Page 15
Meeting Date: 5/24/2022 / Packet Page #: 103
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 2CIG PG

Item #7. Page 16
Meeting Date: 5/24/2022 / Packet Page #: 104
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 2CIG PG

Item #7. Page 17
Meeting Date: 5/24/2022 / Packet Page #: 105
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 2CIG PG

Item #7. Page 18
Meeting Date: 5/24/2022 / Packet Page #: 106
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 2CIG PG

Item #7. Page 19
Meeting Date: 5/24/2022 / Packet Page #: 107
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 2CIG PG

Item #7. Page 20
Meeting Date: 5/24/2022 / Packet Page #: 108
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Item #7. Page 21
Meeting Date: 5/24/2022 / Packet Page #: 109
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Item #7. Page 22
Meeting Date: 5/24/2022 / Packet Page #: 110
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Item #7. Page 23
Meeting Date: 5/24/2022 / Packet Page #: 111
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Item #7. Page 24
Meeting Date: 5/24/2022 / Packet Page #: 112
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Item #7. Page 25
Meeting Date: 5/24/2022 / Packet Page #: 113
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Item #7. Page 26
Meeting Date: 5/24/2022 / Packet Page #: 114
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Item #7. Page 27
Meeting Date: 5/24/2022 / Packet Page #: 115
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Item #7. Page 28
Meeting Date: 5/24/2022 / Packet Page #: 116
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Meeting Date: 5/24/2022 / Packet Page #: 117
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Item #7. Page 30
Meeting Date: 5/24/2022 / Packet Page #: 118
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Item #7. Page 31
Meeting Date: 5/24/2022 / Packet Page #: 119
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Item #7. Page 32
Meeting Date: 5/24/2022 / Packet Page #: 120
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Item #7. Page 33
Meeting Date: 5/24/2022 / Packet Page #: 121

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 24, 2022
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: ADOPT A CITY COUNCIL RESOLUTION IMPLEMENTING A STAGE 3 WATER SHORTAGE CONTINGENCY PLAN (STRATEGIC PLAN ITEM 8 - IFSS)

RECOMMENDATION
That the City Council:

1. Approve Resolution Implementing a Stage 3 Water Shortage Contingency Plan; and

2. Direct staff to take appropriate actions as outlined in the adopted 2020 Water Shortage Contingency Plan.

EXECUTIVE SUMMARY
The State of California is in a severe drought and water levels in the State’s reservoirs are at historic lows.

The State’s Department of Water Resources and the United States Bureau of Reclamation have declared water supply shortages, and water allocations to the region from the State Water Project (SWP) and the Colorado River System have been drastically reduced. The SWP is the main source of water used to replenish the Main San Gabriel Water Basin which accounts for approximately 90 percent of Glendora’s water supply.

Beginning in water year 2020 (October 1, 2019, to September 30, 2020), watersheds supplying the SWP received well below-average precipitation. DWR classified water years 2020 and 2021 as dry and critically dry, respectively. Despite substantial precipitation in October and December 2021, precipitation in Northern California from January through March 2022 fell to the driest levels on record. This has led to the issuance of Executive Order N-7-22 encouraging local water suppliers to implement more aggressive water conservation measures.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On July 8, 2021, Governor Gavin Newsom called on Californians to voluntarily reduce their water use by 15 percent compared to 2020 levels.

On October 19, 2021, following the second driest year on record and with near record low storage in California’s largest reservoirs, the State issued a proclamation extending the drought emergency statewide and further urging Californians to step up their water conservation efforts.

On November 9, 2021, Metropolitan Water District of Southern California declared a drought emergency calling for local water suppliers to immediately cut the use of water from the SWP system. This action was taken to support the State’s call for Californians to voluntarily reduce water use by 15 percent.

On March 18, 2022, the State Water Project (SWP) allocation was reduced from 15 to five percent.

Subsequently on March 23, 2022, DWR issued requirements to SWP contractors who intend to take delivery beyond the five percent to meet human health and safety as well as implement robust conservation efforts with mandatory requirements.

On March 28, 2022, through Executive Order N-7-22, Governor Gavin Newsom called upon each urban Item #8. Page 1
Meeting Date: 5/24/2022 / Packet Page #: 122
Staff Report Page 2 of 6
water supplier per California Water Code section 10632 to adopt shortage levels between twenty and thirty percent based on local conditions.

On April 26, 2022, Metropolitan Water District of Southern California took the unprecedented step of declaring a water shortage emergency and ordering outdoor usage be restricted to one day a week for those agencies in SWP dependent areas.

DISCUSSION
Metropolitan Water District of Southern California Drought Response:

Metropolitan Water District of Southern California (Metropolitan) is a wholesale regional water supplier and provides water to over 19 million people in Southern California across six (6) counties including Los Angeles. Due to the depth and duration of the current drought, it’s projected that Metropolitan will not be able to meet normal demands in the SWP Dependent Area utilizing existing resources. Despite best efforts to maximize available resources and operational flexibility this year, Metropolitan must seek additional human health and safety (HH&S) water allocated from DWR. HH&S supplies are available upon demonstration that robust conservation efforts with mandatory requirements have been implemented.

The Metropolitan Board of Directors held a public hearing on April 26, 2022, to approve a framework for the Emergency Water Conservation Program that includes three main elements to achieve the goal of lowering normal demand and preserving water for HH&S purposes:

1. Each member agency that currently receives SWP supplies at the connections within the SWP Dependent Area must implement and enforce a restriction on outdoor watering of no more than one day per week (and outdoor watering may later be completely banned). Metropolitan will require that member agencies limit watering times to 8 minutes per station (for most irrigation systems) to prevent substitution of water use from newly banned days to permitted days. Hand watering of trees would be exempt from the one-day-per-week restriction.

2. If a member agency either does not submit an acceptable plan to limit outdoor watering or if it inadequately enforces the plan, a penalty of up to $2,000 per acre-foot shall be assessed on all SWP supplies delivered to that non-compliant agency at the designated connections. Importantly, for wholesale member agencies, the penalty would apply only to that portion of water delivered to one or more of their non-compliant retail agencies. The penalty would not be applied to the full delivery to the wholesale member agency if only a portion of its retailers were non-compliant.

3. An agency can entirely avoid these outdoor watering restrictions and penalties if it takes sufficient action to entirely eliminate its use of SWP supplies at the designated connections.

Impact on Glendora
Glendora’s primary source of local water supply is the Main San Gabriel Basin (MSGB). MSGB is situated in the southeasterly portion of Los Angeles County, bounded on the north by the San Gabriel Mountains, on the northwest by the Raymond Basin, on the southeast by Puente Basin, and on the south by Central Basin. It occupies most of the San Gabriel Valley and encompasses about 107,000 acres. Water is delivered to the system by eight active wells. To supplement the City’s groundwater supply, the City also has three connections with Three Valleys Municipal Water District to purchase treated imported water from Metropolitan.

Glendora utilizes supplies from the Main San Gabriel Ground Water Basin as its primary source of water supply. Additionally, when it imports water from Metropolitan to augment groundwater supplies, it can receive Colorado River supplies as opposed to SWP supplies. As a result of this, Glendora is not subjected to the one-day-a-week watering per Metropolitan’s Emergency Conservation Program.

However, the groundwater level within the basin is extremely low at an elevation of 184.6 ft as of April 29, 2022. This is only about 15 feet from its historic low of 169.4 feet which was registered on November 21, Item #8. Page 2
Meeting Date: 5/24/2022 / Packet Page #: 123
Staff Report Page 3 of 6
2018.

This is critical because the groundwater basin is generally replenished with supplies from the SWP system. The collective (all basin purveyors) average annual production from the MSGB is 190,000 acrefeet per year (AFY). With an adopted operating safe yield of 150,000 AFY, the difference of 40,000 AFY is typically replenished with imported supplies from the SWP system. Upper San Gabriel Municipal Water District imports replenishment water into the Basin from Metropolitan and has asked its retail member agencies and Cities including Glendora to reduce consumption by 20 percent below their average usage from 2020 and consider limiting outdoor irrigation to two-days-a-week. This collective approach to conservation will assist Glendora and pertinent agencies in accomplishing the following:

A. Prevent the groundwater basin from reaching and/or dropping below the historic low. At the current production rate, it is estimated the historic low of 169.4 feet will be reached by the end of October 2022.

B. Decrease or potentially eliminate the need to import additional supplies from the SWP system for basin replenishment which will assist in avoiding penalties imposed by Metropolitan Water District.

At this time, based on current limited supply availability of the SWP supplies for replenishment and to preserve supplies in the basin, a Level 3 Water Shortage Contingency Plan (WSCP) is recommended to reduce water consumption by 20 percent and limit outdoor irrigation to three-days-a-week. A 20 percent reduction from 2020 usage equates to approximately 121 gallons per person per day based on the City’s present population of 52,000, or 13,500 metered customers (households.) Staff will monitor demands throughout the summer and consider adopting two-days-a-week outdoor irrigation should conditions warrant.

As part of the 2020 Urban Water Management Plan process, The City adopted its WSCP. This plan contains six shortage levels ranging from “up to 10%” (Level 1), to “a shortage greater than 50%” Level 6.

A level 3 WSCP would trigger the following actions:

1. The City notifying its customers that due to drought, all water consumers shall reduce their water usage by at least 20 percent below their average usage from 2020. This includes restrictions to all outdoor watering to three-days-a-week. Such watering times shall be limited to no more than 5 minutes for each water cycle station and prohibited between the hours of 8:00 a.m. to 5:00 p.m.

2. Developing a comprehensive communications protocol appropriate for a Level 3 shortage including:
a. Adopting a WSCP Level 3 resolution at a public meeting and promoting immediate actions at the community level.
b. Increased activities related to outreach and messaging on the City’s website c. Enhanced promotion of on-going Water Use Efficiency programs and tools d. Conducting briefings with local business establishments e. Analysis of data to determine any appropriate supplemental actions.

Communications and Community Engagement
Customer participation is a key element in responding to exceptional drought conditions and supply shortages. Staff understands that while general media coverage of a drought is likely to increase awareness, the City should still develop and implement a specific and comprehensive outreach program.

The City regularly communicates with its customers and has a long history of promoting conservation. In the past year, the City has promoted water conservation at various community events and will continue to do so. This includes Earth Day events, community and neighborhood association meetings, Item #8. Page 3
Meeting Date: 5/24/2022 / Packet Page #: 124
Staff Report Page 4 of 6
environmental fairs, educational institutions, and many others. These events provide the City with opportunities to engage with the public directly and to educate residents and businesses about water conservation utilizing informative displays, educational handouts, device giveaways and ono-on-one interaction.

Additionally, the City has updated its water conservation website for the public to have an easy “one stop shop” for information about rebates, tips and techniques for saving water, community events, etc. the website updates includes a more user-friendly and mobile responsive look and feel.

The City will also use targeted direct mail campaign which are designed to increase participation in water conservation programs. The City utilizes a third-party firm to send out these mailings and adjust the campaign strategy based on results of previous mailings.

In addition to traditional outreach, the City will consider utilizing new and innovative outreach efforts to advertise water conservation programs and opportunities including multi-media conservation stories and testimonies and short how-to videos on various water conservation topics.

Monitoring and Reporting
To verify that that conservation reduction goals are being met, metered usage reports will be evaluated during each month of the level 3 water shortage duration. Water usage figures will be compared to 2020 usage figures of the same time period to ascertain if conservation goals are being reached. Results will be posted on the City’s water conservation website. Staff will also report progress to the City Council and Water Commission each month including community outreach efforts and compliance status.

Timeline and Next Steps
The following table provides targets for reaching conservation goals and outlines actions throughout the summer months. The level 3 water shortage contingency plan will commence immediately upon adoption by City Council on May 24, 2022. Staff has already began allocating resources to enhance public outreach and education to customers. Major public outreach is proposed in June 2022 which will include engaging in discussions with top water users across various sectors of the community including commercial, institutions, and industrial as well as provision of educational information to residents. The level 3 water shortage contingency plan will remain in place throughout the remainder of calendar year 2022 and evaluated on a month-to-month basis thereafter depending on hydrological conditions.

Target Date Action
June 2022 Continue public outreach and engagement
Monitor and report percentage reduction from June 2020
Monitor customer response to shortage messaging and other actions July 2022 Continue public outreach and engagement
Monitor and report percentage reduction from July 2020
Monitor demand trends and make necessary adjustments to messaging Prepare informational item to Water Commission
August 2022 Continue public outreach and engagement
Monitor and report percentage reduction from August 2020 Monitor demand trends and make necessary adjustments to messaging Prepare informational item to City Council
September 2022 Continue public outreach and engagement
If necessary, implement additional demand reduction actions Monitor customer response to shortage messaging and other actions If necessary, prepare action/informational item to City Council

Shaded in blue in Figure 1 below displays the City of Glendora’s service area in relation to its municipal boundary. Some residents within Glendora’s municipal boundary especially those along the Southwest borders may receive water services from other water retail agencies with differing restrictions on water Item #8. Page 4
Meeting Date: 5/24/2022 / Packet Page #: 125
Staff Report Page 5 of 6
use and/or outdoor irrigation. This includes the City of Azusa shaded in pink, Suburban Water systems in yellow, Golden State Water Co. in green and City of Covina in brown.

Water Agency Website Contact
City of Azusa https://www.ci.azusa.ca.us/136/Water-Services (626) 812-5225 Suburban Water Systems https://www.swwc.com/suburban/ (626) 543-2640 Golden State Water Company https://www.gswater.com/ (909) 394-2272 City of Covina https://covinaca.gov/publicworks/page/waterconservation-rebate-incentive-programs(626) 384-5230 Figure 1 – City of Glendora Water System Boundary
Item #8. Page 5
Meeting Date: 5/24/2022 / Packet Page #: 126
Staff Report Page 6 of 6

FISCAL IMPACT
The Fiscal Year 2022-23 budget for water conservation operations has been increased to $350,000 for conservation and public outreach needs. Additionally, $2,000,000 has been allocated in the Water Capital Improvement Program for community conservation projects in the Proposed FY 22-23 Budget that will be considered by the City Council on June 14, 2022. As additional needs are identified beyond what is in the budget, staff will return to Council with recommendations.

ENVIRONMENTAL DETERMINATION
This activity is not a “project” as defined by Section 21065 of the Public Resources Code or Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines.

Prepared By Chisom Obegolu, Assistant Public Works Director - Water Concurs With Justin Nakano, Water Commission
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 Not Applicable
ATTACHMENTS:

A. Resolution Declaring a Stage 3 Water Shortage
B. Presentation – Implementation of a Stage 3 Water Shortage Plan Item #8. Page 6
Meeting Date: 5/24/2022 / Packet Page #: 127
RESOLUTION CC 2022-____
A RESOLUTION OF THE CITY COUNCIL DECLARING A LEVEL 3

WATER SHORTAGE CONTINGENCY AND CALLING FOR ENHANCED

WATER CONSERVATION EFFORTS

THE CITY COUNCIL
City of Glendora, California
WHEREAS, The City of Glendora (City) is responsible for providing reliable, highquality water to the community of Glendora; and WHEREAS, The City’s primary water supply source is groundwater produced from the Main San Gabriel Basin which is reliant upon deliveries from Metropolitan Water District of Southern California (Metropolitan) for replenishment; and WHEREAS, climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is entering its third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and WHEREAS, on July 8, 2021, through Executive Order N-10-21, Governor Gavin Newsom expanded the drought emergency declaration to include a total of 50 counties across the state, and called on all Californians to voluntarily reduce their water use by 15 percent from 2020 levels; and
WHEREAS, the U.S. Bureau of Reclamation has found that 2008 to 2018 was the driest period for the Colorado River Basin in more than 100 years of record keeping; and on August 16, 2021, issued its first ever shortage declaration for the Colorado River System; and WHEREAS, on August 17, 2021, Metropolitan issued a Condition 2 Water Supply Alert calling for conservation through drought ordinances and other measures; and WHEREAS, on November 17, 2021, Three Valleys Municipal Water District (Three Valleys) adopted Resolution No. 21-11-909 activating TVMWD’s Water Shortage Contingency Plan at a Level 2; and
WHEREAS, on March 18, 2022, after a record dry start to 2022, the California Department of Water Resources announced that the State Water Project allocation was reduced to five percent warning residents to brace for a third year of drought; and on March 23, 2022, required SWP contractors who took SWP delivery beyond the five percent to meet human health and safety needs also need to implement robust conservation efforts with mandatory requirements; and WHEREAS, on March 28, 2022, through Executive Order N-7-22, Governor Gavin Newsom called upon each urban water supplier per California Water Code section 10632 to adopt shortage levels between twenty and thirty percent based on local conditions; and WHEREAS, on April 20, 202, Three Valleys Municipal Water District Three Valleys adopted Resolution No. 22-04-928 activating TVMWD’s Water Shortage Contingency Plan at a Level 5; and
Item #8. Page 7
Meeting Date: 5/24/2022 / Packet Page #: 128
Resolution CC 2022-_____ Page 2 of 3
WHEREAS, increasing and applying efficient water use habits today is the responsible action and will help ensure the Three Valleys Municipal Water District service area has enough water to maintain our quality of life and thriving economy; and WHEREAS, the adopted 2020 Water Shortage Contingency Plan enables the City Council to declare drought conditions and impose mandatory conservation measures; and WHEREAS, the City Council has conducted a Public Hearing, and accepted testimony regarding the implementation of a Level 3 water shortage contingency plan; and WHEREAS, on April 28, 2020, the Water Commission declared that a Level 3 water shortage exists due to drought conditions causing a reduction in the City’s ability to reliably produce water; and
WHEREAS, on April 28, 2020, the Water Commission recommended that the City Council adopt mandatory conservation measures by implementing a Level 3 Water Shortage Contingency Plan; and
WHEREAS, the City Council has adopted a Water Shortage Contingency Plan in accordance with California law, which is triggered during water shortage conditions and describe stages of actions the City may take to manage demand.

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

SECTION 1. The City Council hereby finds that a Water Shortage exists due to the drought conditions causing a reduction in the City’s ability to reliably provide water. The City Council hereby declares that a Level 3 water shortage plan shall be implemented pursuant to the recommendation by the Water Commission that a water shortage exists and that the Level 3 regulations shall be implemented and become effective immediately and shall remain effective until the City Council adopts a resolution declaring that a Level 3 water shortage condition no longer exists.

During the period of time that the Level 3 drought conditions is in place, the following water use regulations, and such other regulations as may be adopted by Resolution of the City Council, shall apply to the use of all water that is provided by or through the water distribution facilities of the City:

1. Each of the regulations from the preceding Levels shall be applicable as long as they are not in conflict with any more restrictive regulations of the Level 3 Water Supply Shortage Level.

2. All outdoor and landscape watering shall be limited to 3 days a week. Monday, Wednesday, and Friday for all even numbered address locations and Tuesday, Thursday, and Saturday for all odd numbered address locations. Such watering times shall be limited to no more than 5 minutes for each water cycle station and prohibited between the hours of 8:00 a.m. to 5:00 p.m.

Item #8. Page 8
Meeting Date: 5/24/2022 / Packet Page #: 129
Resolution CC 2022-_____ Page 3 of 3

3. The private washing of all recreational vehicles and other vehicles shall be prohibited, except using a bucket and hose equipped with a self-closing valve that requires operator pressure to activate the flow of water.

4. The City’s Director is authorized to discontinue the supply of water to third party water purveyors.

5. All consumers shall reduce their water usage by at least 15 percent below their average usage for the same period of the previous year or the year prior to the Level 3 Water Supply Shortage being declared.

SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

PASSED, APPROVED and ADOPTED this __ day of May, 2022.

City Council of Glendora, CA
BY:

KAREN K. 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 May, 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 9
Meeting Date: 5/24/2022 / Packet Page #: 130
Adopt Resolution Implementing a Stage 3
Water Shortage Contingency Plan
Chisom G. Obegolu
Assistant Public Works Director - Water
CityOfGlendora.org
Council Meeting
Item # x
May 24, 2022
Item #8. Page 10
Meeting Date: 5/24/2022 / Packet Page #: 131
2 Legislative History/Previous Actions
The State and Region has taken several actions within the past year to address Drought and Encourage Conservation
– July 8, 2021: Voluntary Reduction of 15%
– October 19, 2021: Drought Emergency extended Statewide (N-10-21) – November 9, 2021: Metropolitan Declared Drought Emergency – March 18, 2022: State Water Project (SWP) allocation reduced to 5% – March 28, 2022: Calling for local agencies to conserve (N-7-22) – April 26, 2022: Metropolitan Declared Water Shortage Emergency Item #8. Page 11
Meeting Date: 5/24/2022 / Packet Page #: 132
3 Metropolitan’s Emergency Conservation Program for SWP Dependent Areas Glendora

1. One day per week outdoor watering

2. Penalty of $2,000 per AF on all SWP Supplies Delivered

3. Take Action to eliminate use of SWP supplies
Item #8. Page 12
Meeting Date: 5/24/2022 / Packet Page #: 133
Groundwater Elevation – Main San Gabriel Basin
4 Avg. Annual Basin Production = 190,000 AF
Operating Safe Yield = 150,000 AF
Replenishment (SWP)= 40,000 AF
1 Acre-feet = 325,851 gal.

Current Basin Elevation: 184.6 ft (April 29)
Historic High: 295.3 ft (July 20, 1983)
Historic Low: 169.4 ft (Nov. 21, 2018)
Item #8. Page 13
Meeting Date: 5/24/2022 / Packet Page #: 134
5 Stage 3 Water Shortage Contingency Plan
 20% reduction from 2020 demands for all consumers
 3 days per week outdoor watering
 Staff will monitor demands throughout the summer.

Item #8. Page 14
Meeting Date: 5/24/2022 / Packet Page #: 135
6 Glendora’s Water Service Area
Other Water Agencies
 City of Azusa
 Suburban Water Systems
 Golden State Water Co.
 City of Covina
Item #8. Page 15
Meeting Date: 5/24/2022 / Packet Page #: 136
7 What Does a 20% Reduction Look Like?– Residential
 20% Reduction equates to 121 gallons per person per day  Simple ways to conserve water:
– High efficiency toilets = 20 gallons per person per day – 5-minute shorter showers (with low flow shower head) = 12.5 gallons per shower – Wash full loads of clothes = 30 gallons per load
– Use Dishwasher instead of handwashing = 24 gallons per load – Turn off water between brushing/shaving = 10 gallons per person per event Item #8. Page 16
Meeting Date: 5/24/2022 / Packet Page #: 137
8 What Does a 20% Reduction Look Like? (cont’d)
Commercial Institution Government Industrial
Water Savings Needed for
20% Reduction (gallons
per sector per day)
231,910 89,541 67,496 60,082
In the months of June through September 2020, approximately 30% of all water demand across these sectors were used for irrigation.

Item #8. Page 17
Meeting Date: 5/24/2022 / Packet Page #: 138
Messaging/Marketing
9 Item #8. Page 18
Meeting Date: 5/24/2022 / Packet Page #: 139
10 Rebate Program Conservation FAQ Item #8. Page 19
Meeting Date: 5/24/2022 / Packet Page #: 140
Tree Preservation
11 Business Flyers Item #8. Page 20
Meeting Date: 5/24/2022 / Packet Page #: 141
Timeline and Next Steps
12 Target Date Action
June 2022 – Continue public outreach and engagement
– Monitor and report percentage reduction from June 2020 – Monitor customer response to shortage messaging and other actions July 2022 – Monitor and report percentage reduction from July 2020 – Monitor demand trends and make necessary adjustments to messaging – Prepare informational item to Water Commission
August 2022 – Monitor and report percentage reduction from August 2020 – Monitor demand trends and make necessary adjustments to messaging – Prepare informational item to City Council
September 2022 – If necessary implement additional demand reduction actions – Monitor customer response to shortage messaging and other actions Item #8. Page 21
Meeting Date: 5/24/2022 / Packet Page #: 142
13 RECOMMENDATIONS

1. Approve Resolution Implementing a Stage 3 Water Shortage Contingency Plan; and

2. Direct Staff to take appropriate actions as outlined in the adopted Water Shortage Plan.

Item #8. Page 22
Meeting Date: 5/24/2022 / Packet Page #: 143
Questions?
14 Item #8. Page 23
Meeting Date: 5/24/2022 / Packet Page #: 144

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 24, 2022
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: GROUNDWATER RELIABILITY PARTNERSHIP PRINCIPLES OF AGREEMENT

BETWEEN THREE VALLEYS MUNICIPAL WATER DISTRICT, CITY OF GLENDORA, AND PUENTE BASIN WATER AGENCY (STRATEGIC PLAN ITEM 8-IFSS)

RECOMMENDATION
That the City Council:

1. Approve the Groundwater Reliability Partnership Principles of Agreement with Three Valleys Municipal Water District and Puente Basin Water Agency; and

2. Authorize the City Manager or his designee to execute the agreement including minor and nonsubstantive changes.

EXECUTIVE SUMMARY
Staff is recommending that the City Council approve the Groundwater Reliability Partnership Principles of Agreement with Three Valleys Municipal Water District and Puente Basin Water Agency. This Agreement will allow all three parties to engage a consultant on a shared cost basis to evaluate and develop a plan to put back into service two wells in the City of Irwindale that belong to the Glendora. In doing so, this will enhance local water supply reliability resulting in a benefit to the entire region.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The City of Glendora (City) is interested in developing additional reliable cost-effective local water supplies in addition to its imported water supplies, especially during supply shortages. In the past, the City has had various discussions regarding two wells, No. 3 and No. 4, located in the City of Irwindale. Both wells were constructed between 1920-23. Well No. 3 was taken out of service in 2000 and Well No. 4 was taken out of service in 1992, both due to contamination. When operating, both wells produced approximately 6,200 acre feet per year.

The City approached its regional member agency, Three Valleys Municipal Water District (TVMWD), to reinitiate the planning efforts with the Puente Basin Water Agency to potentially place the wells into service and develop a regional approach and benefit. As a result of these discussions, TVMWD has agreed to lead this initiative, and thus has prepared the Principles of Agreement for the agencies to collaborate and develop a program that can achieve mutual water reliability goals.

DISCUSSION
The re-operation of Glendora Wells No. 3 and 4 have been discussed amongst the agencies in various forums since 2017. An initial technical study was completed in 2017. In April 2019, a cost share agreement was developed between TVMWD and Glendora to further analyze the opportunities and constraints, in particular to identify additional treatment technologies, other TVMWD partner agencies and develop potential operational structure; however, the project did not progress and was put on hold.

The current and projected water supply/shortage conditions have reignited the interest of both Glendora and the PBWA agencies and have requested TVMWD to relaunch the groundwater reliability project in the Item #9. Page 1
Meeting Date: 5/24/2022 / Packet Page #: 145
Staff Report Page 2 of 2
Main San Gabriel Groundwater Basin. The Groundwater Reliability Partnership Principles of Agreement, included as Attachment B, provides the framework for the partnership and development of a project that meets the mutual interest of the agencies.

Following the signing of this agreement, the three partner agencies will prepare a request for proposals to select a water consultant to prepare a feasibility study and develop a project scope.

FISCAL IMPACT
The City of Glendora and Partner Agencies agree to equally fund any costs associated with hiring of third parties to complete a feasibility study. Following the consultant selection process, and if required, staff will present for City Council consideration the contract award at a future meeting. This study will outline future capital improvement costs, which will be considered in a future 5-Year CIP. Future funding requests will come from Water Funds – operating or capital.

ENVIRONMENTAL DETERMINATION
This activity is not a “project” as defined by Section 21065 of the Public Resources Code or sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines Prepared By Chisom Obegolu, Assistant Public Works Director - Water Concurs With Justin Nakano, Water Commission
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 Jeff Kugel, Community Development Director
ATTACHMENTS:

A. Presentation – Groundwater Reliability Partnership Principles of Agreement B. Groundwater Reliability Partnership Principles of Agreement Letter Item #9. Page 2
Meeting Date: 5/24/2022 / Packet Page #: 146
Irwindale Groundwater Reliability Partnership
Principles of Agreement
Chisom G. Obegolu
Assistant Public Works Director - Water
CityOfGlendora.org
Council Meeting
Item # x
May 24, 2022
Item #9. Page 3
Meeting Date: 5/24/2022 / Packet Page #: 147
2 Irwindale Groundwater Reliability Partnership
• Key Partnership Objectives:
– Commence a feasibility study and develop a project scope – Develop capital infrastructure options to facilitate treatment and distribution of groundwater supply and develop concepts for:
– Project Ownership and operation
– Terms of use of developed water supplies
• Terms of Agreement
– Equally fund any costs associated with completing a feasibility study – Costs of such studies to be reviewed and agreed upon by all parties Item #9. Page 4
Meeting Date: 5/24/2022 / Packet Page #: 148
3 RECOMMENDATIONS

1. Approve the Groundwater Reliability Partnership Principles of Agreement with Three Valleys Municipal Water District and Puente Basin Water Agency Item #9. Page 5
Meeting Date: 5/24/2022 / Packet Page #: 149
Questions?
4 Item #9. Page 6
Meeting Date: 5/24/2022 / Packet Page #: 150
Item #9. Page 7
Meeting Date: 5/24/2022 / Packet Page #: 151
Item #9. Page 8
Meeting Date: 5/24/2022 / Packet Page #: 152

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 24, 2022
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH AKM CONSULTING

ENGINEERS FOR THE REPLACEMENT OF NORTH GLENDORA RESERVOIR IN THE AMOUNT NOT TO EXCEED $342,793; AWARD A PROFESSIONAL SERVICES AGREEMENT TO EPD SOLUTIONS, INC. TO CONDUCT ENVIRONMENTAL SERVICES

FOR THE NORTH GLENDORA RESERVOIR REPLACEMENT PROJECT IN THE AMOUNT NOT TO EXCEED $94,622; APPROVE A SUPPLEMENTAL APPROPRIATION FROM THE WATER FUND IN THE AMOUNT OF $521,500 (STRATEGIC PLAN ITEM 8-IFSS)

RECOMMENDATION
That the City Council:

1. Approve Amendment No.1 with AKM Consulting Engineers to conduct final design of North Glendora Reservoir in the amount of $311,630 with a 10% contingency in the amount of $31,163 for a total amount of $342,793;

2. Award a Professional Services Agreement to EPD Solutions, Inc. to conduct environmental services for the North Glendora Reservoir Replacement Project in the amount of $86,020 with a 10% contingency in the amount of $8,602 for a total amount of $94,622;

3. Approve the supplemental appropriation from Water Capital reserves in the amount of $521,500; and

4. Authorize the City Manager or his designee to execute Amendment No. 1 with AKM and the Professional Services Agreement with EPD including minimal and/or non-substantive changes.

EXECUTIVE SUMMARY
The City of Glendora (City) maintains a community water system consisting of one (1) disinfection plant, eight (8) active wells, 20 booster pump stations, 28 reservoirs, and approximately 227 miles of pipeline.

The federal Environmental Protection Agency (USEPA) requires that community water systems be inspected every five (5) years. These inspections ensure compliance with the federal Safe Drinking Water Act. The State Water Resources Control Board’s Division of Drinking Water (DDW) conducts inspections and documents the findings in a sanitary survey report. Inspections are a primary tool used to protect public health and ensure that public water systems are able to consistently and reliably deliver an adequate quality and quantity of safe drinking water to the public.

The DDW has determined that the City is capable of providing a continuous supply of safe, wholesome, potable water to its customers. However, several concerns were identified in the sanitary survey report including the deterioration of North Glendora Reservoir, and inadequate air gap placement on various other reservoir and well systems. These concerns require immediate attention including the development of a corrective action plan within 30 days of notification (February 3, 2022) and a mandatory check in within 120-days to confirm that the City is in compliance with the state-approved plan. The City submitted a corrective action plan which included the replacement of North Glendora Reservoir on February 16, 2022. The DDW approved the City’s plan on February 23, 2022.

Item #10. Page 1
Meeting Date: 5/24/2022 / Packet Page #: 153
Staff Report Page 2 of 4

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On October 6, October 27, and October 28 of 2021, The DDW conducted an inspection of the City’s water system which focused on water sources, treatment, distribution, storage, pumps and controls, water quality, system management and operator compliance.

DISCUSSION
North Glendora Reservoir
North Glendora Reservoir (NGR) is a 318,000 gallon above-ground bolted steel reservoir that was constructed in 1997. Staff have observed that NGR is in the worst shape of all 28 reservoirs in the system.

The exterior walls are exhibiting heavy corrosion near the reservoir base, and the interior roof coating is delaminating due to the corrosion underneath it. Additionally the storage reservoir has numerous and significant leaks at the connections of the bolted steel plates, and staff have spent significantly more time and effort to maintain the water quality in the tank; for example, DDW has requested that the City establish an additional testing site at this reservoir location, and begin collecting a “special” monthly bacteriological sample representing the quality of water coming from the reservoir and continue until the tank has been subsequently replaced. The structural condition has also led to safety concerns for staff to access the roof, which has prevented regular inspections of the reservoir. In addition to this, the reservoir does not meet current seismic and structural code requirements for its location. After a preliminary evaluation based on previous rehabilitation projects, it was determined that it is more cost effective and will increase the number of useful years to replace the reservoir.

Staff recommends that this urgent work to complete the final design of the NGR replacement project be conducted under the on-going infrastructure assessment contract with AKM Consulting Engineers. Use of the existing consultant to perform the design represents the most cost-effective and expeditious means to complete the final design, pump flow recording and geotechnical investigation. The type of work to be conducted by the consultant as part of the NGR replacement project is identical to type of work the consultant is currently performing as part of the on-going infrastructure assessment. City staff negotiated the additional scope and price with the consultant. Staff has determined that the negotiated price for this work of $244,428 for final design, $27,404 for pump flow recording with meter masters for hydraulic model calibration, and $39,798 for geotechnical investigation for a total cost of $311,630 (plus 10% contingency of $31,163) is appropriate and cost-effective. The consultant is already familiar with the City’s infrastructure and hydraulics and is currently performing the same type of work as part of the infrastructure assessment. See Attachment E for the proposal from AKM Consulting Engineers.

Construction of the new reservoir will be competitively bid upon completion of final design.

Staff initially considered advertising NGR replacement design work as a separate stand-alone professional services contract. With this standard approach, the design for this work would not represent the most expeditious and cost-effective means to complete this work within the timeframe imposed by the DDW. This could potentially lead to the removal of this reservoir system and impact water deliveries to the homes along this vicinity of the foothills for both domestic and fire flow purposes.

The proposed reservoir will be constructed just to the West of the existing reservoir as shown in Figure 1 with a total capacity of 600,000 to 650,000 gallons. This is approximately double the size of the existing reservoir and will provide additional storage to meet current and future demands including increased fire flow protection. Final reservoir location and size will be confirmed upon completion of final design. Due to operational constraints, the existing reservoir will remain in service until the proposed reservoir has been constructed and placed online.

Item #10. Page 2
Meeting Date: 5/24/2022 / Packet Page #: 154
Staff Report Page 3 of 4
Figure 1
The Survey work will consist of acquiring topographic information of the existing reservoir, concrete pad, service roads and surrounding hillside area including a boundary survey, lot split survey and corresponding legal descriptions. Utilizing a previously City Council approved On-call agreement, an RFP for this work was released on March 14, 2022, and the City received 3 (three) complete proposals from a list On-call consultants as outlined below:

Firm Location Amount

1. Johnson-Frank & Associates, Inc. Anaheim, CA $37,050.00

2. Wildan Industry, CA $49,070.00

3. Uniplan Engineering, Inc. Carson, CA $52,234.80
The environmental services work will provide a determination of the appropriate level of environmental review and corresponding CEQA documentation, prepare final CEQA document, conduct public hearings (if necessary) before Planning Commission and City Council, and prepare all CEQA required notices. An RFP for this work was released on March 31, 2022, and the City received 2 (two) complete proposals as outlined below.

Firm Location Amount

1. EPD Solutions, Inc. Irvine, CA $86,020

2. Michael Baker International Long Beach, CA $369,788
A total of approximately $4.93 million is required for this project in its entirety. The total increase to the existing contract amount for the final design of the work described above including geotechnical investigation, pump flow recording, and contingency is $342,793 with other budgeted funds including $37,050 for topographic survey, $86,020 for environmental services with a 10% contingency of $8,602 and approximately $4.5 million for construction. Final Design is anticipated to be completed in FY 2022- 2023 with construction scheduled to be completed in FY 2023-2024. Estimated construction cost will be refined upon completion of final design.

This project was initially scheduled to be completed in FY 2023-2024 with $1.18M programed for FY 23 and $770,000 proposed for FY 24. The table below summarizes the recommended changes to amend the 5-yr CIP.

Item #10. Page 3
Meeting Date: 5/24/2022 / Packet Page #: 155
Staff Report Page 4 of 4
Funded
FY 2021/22
Programed
FY 2022/23
Proposed
FY24 to FY26
Total Project
Budget
Adopted FY 2022 & FY 2023 2-Year Budget 5-Year CIP
$0 $1,180,000 $770,000 $1,950,000
Amended FY 2022 & FY 2023 2-Year Budget 5-Year CIP
$474,465 $1,180,000 $3,320,000 $4,974,465
Change from Adopted CIP $474,465 - $2,550,000 $3,024,465 Appropriation Needed $474,465
Urgent Reservoir and Well Site Improvements
The DDW also identified a number of miscellaneous maintenance repair work at various reservoir and well sites which required immediate action. This includes the installation of adequate air gap, installation/replacement of well casing vents, replacement of sample sites, etc. City staff was able to acquire quotes from a list of contracted emergency contractors and negotiate a price in the amount $47,000. See Attachment F for the proposal from Big Ben Engineering. Staff has determined the negotiated price for this work is appropriate and represents the most expeditious means to complete this urgent work.

FISCAL IMPACT
There is sufficient available balance in FY 2021/22 Water Capital Fund Reserves to fund the supplemental appropriation in the amount of $521,500.

ENVIRONMENTAL DETERMINATION
This activity is 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 and the appropriate level of environmental review and CEQA documentation is included in the scope of services.

Prepared By
Concurred
Chisom Obegolu, Assistant Public Works Director – Water Not Applicable
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 Jeff Kugel, Community Development Director
ATTACHMENTS:

A. Amendment No. 1 – AKM Consulting Engineers
B. Contract Services Agreement – AKM Consulting Engineers (February 8, 2022) C. Staff Report for Contract Services Agreement (February 8, 2022) D. Professional Services Agreement – EPD Solutions, Inc.

E. Final Design Proposal – AKM Consulting Engineers
F. Site Improvements Proposal – Big Ben Engineering
G. Presentation
Item #10. Page 4
Meeting Date: 5/24/2022 / Packet Page #: 156
AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTUAL SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No.1”) by and between the CITY OF GLENDORA a municipal corporation (“City”), and AKM CONSULTING ENGINEERS, a California corporation (“Contractor”), is effective as of the 24 day of May, 2022.

RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services dated February 8, 2022 (“Agreement”) whereby Contractor agreed to provide professional services for Water Infrastructure Assessment and Water Rate Study.

B. City and Contractor now desire to amend the Agreement to expand the scope of services.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. “1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide additional scope of services specified in the attached hereto as Amended Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.”
b. “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 $499,948 (Four hundred ninety-nine thousand nine hundred fortyeight Dollars) (the “Contract Sum”), The total compensation, including reimbursement for actual expenses, shall not exceed $342,793 (Three hundred forty two thousand, seven hundred ninety three dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.” c. “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 one (1) year two (2) year from the date hereof for the additional scope of services, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Term for five (5) additional one-year terms by giving advance written notice of the same not later than 60 calendar days prior to the expiration of the term or any extended term.”

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement.

DocuSign Envelope ID: 695B044C-824F-46D7-B791-EBE9D8EAEF00 Item #10. Page 5
Meeting Date: 5/24/2022 / Packet Page #: 157
Project Name, Plan No.
####
-2-

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Contractor represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Contractor that, as of the date of this Amendment No. 1, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

5. Authority. The persons executing this Amendment No. 1 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 Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 695B044C-824F-46D7-B791-EBE9D8EAEF00 Item #10. Page 6
Meeting Date: 5/24/2022 / Packet Page #: 158
Project Name, Plan No.
####
-3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

City of Glendora, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:

ALESHIRE & WYNDER, LLP
William W. Wynder
City Attorney
Marie Ricci
Administrative Services Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

Zeki Kayiran
President
Name: Zeki Kayiran
Title: President
Email Address: [email protected]
Name: Mehmet Kayiran
Title: Chief Financial Officer
Email Address: [email protected]
Address: 553 Wald, Irvine, CA, 92618
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, AND 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.

DocuSign Envelope ID: 695B044C-824F-46D7-B791-EBE9D8EAEF00 May 12, 2022 | 12:30 PM PDT
May 12, 2022 | 12:06 PM PDT
Item #10. Page 7
Meeting Date: 5/24/2022 / Packet Page #: 159

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2022 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.

DocuSign Envelope ID: 695B044C-824F-46D7-B791-EBE9D8EAEF00 Item #10. Page 8
Meeting Date: 5/24/2022 / Packet Page #: 160

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2022 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_______________________________
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SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
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_____________________________________________
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TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
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DATE OF DOCUMENT
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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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AMENDED EXHIBIT “A”

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

The Scope of Work for the project will consist of the following tasks:

1. Project Management

2. Preliminary Design
A. Develop Design Criteria
B. Data Collection and Review
C. Review Site Topographic Surveying
D. Conduct Geotechnical Investigation
E. Conduct Hydraulic Analyses
F. Formulate and Evaluate Alternative Projects
One Reservoir
Two Reservoirs
G. Prepare Preliminary Plans and Cost Estimates
H. Prepare Preliminary Design Report

3. Prepare Plans, Specifications, and Estimates
A. 75%
B. 100%
C. Final

4. Bidding Support Services
A. Pre-bid Meeting
B. Respond to Contractor Questions
C. Review Bids

5. Engineering Services During Construction
A. Pre-construction Meeting
B. Respond to Contractor Questions
C. Prepare Addenda
D. Respond to Requests for Information
E. Shop Drawing Review
F. Record Drawings

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A. Meter Master Rental (24)
B. Install and Remove Meter Masters
C. Download Data for Model Calibration
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CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and

AKM CONSULTING ENGINEERS
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AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND
AKM Consulting Engineers
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 8th day of February 2022, by and between the City of Glendora, a California municipal corporation (“City”) and AKM Consulting Engineers, a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

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

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For 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.

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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.
(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 DocuSign Envelope ID: 805E4581-A910-4BE6-BF5E-6C5014ADCC24 Item #10. Page 14
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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 comply with such provisions before commencing the performance of the work of this contract.” Consultant’s Authorized Initials ___________________
Zeki Kayiran, President
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, DocuSign Envelope ID: 805E4581-A910-4BE6-BF5E-6C5014ADCC24 Item #10. Page 15
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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 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.

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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 $499,948 (Four hundred ninety-nine thousand nine hundred forty-eight Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement.

The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor 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 DocuSign Envelope ID: 805E4581-A910-4BE6-BF5E-6C5014ADCC24 Item #10. Page 17
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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

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 one (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 five (5) additional one-year terms by giving advance written notice of the same not later than 60 calendar days prior to the expiration of the term or any extended term.

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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:

Zeki Kayiran, President
Mehmet Kayiran, Chief Financial Officer (CFO)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Chisom Obegolu, Assistant Public Works Director, 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, DocuSign Envelope ID: 805E4581-A910-4BE6-BF5E-6C5014ADCC24 Item #10. Page 19
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servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.

City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (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, non-owned 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 non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

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(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 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.

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To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

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 DocuSign Envelope ID: 805E4581-A910-4BE6-BF5E-6C5014ADCC24 Item #10. Page 23
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times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to 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 DocuSign Envelope ID: 805E4581-A910-4BE6-BF5E-6C5014ADCC24 Item #10. Page 24
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information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other 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 DocuSign Envelope ID: 805E4581-A910-4BE6-BF5E-6C5014ADCC24 Item #10. Page 25
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party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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 DocuSign Envelope ID: 805E4581-A910-4BE6-BF5E-6C5014ADCC24 Item #10. Page 26
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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 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.

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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 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 the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

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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 ___________________
Zeki Kayiran, President
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

City of Glendora, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:

ALESHIRE & WYNDER, LLP
William W. Wynder
City Attorney
Marie Ricci
Administrative Services Director/City Treasurer
ATTEST:

Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:

AKM Consulting Engineers
Name: Zeki Kayiran
Title: President
[email protected]
Name: Mehmet Kayiran
Title: Chief Financial Officer (CFO)
[email protected]
Address: 553 Wald, Irvine, CA, 92618
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.

CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED UNLESS EXECUTED UTILIZING DOCUSIGN. IN ADDITION, THE

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

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EXHIBIT “A”

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

The Scope of Services includes but is not limited to the phases, and specific tasks, identified below, and any other tasks necessary to prepare a comprehensive Water System Condition Assessment (WSCA), Water Master Plan (WMP) and Water Rate Study (WRS). This shall be completed in two phases. Phase One will generally consist of collection and review of existing reports and data, as well as physical site visits and inspection of facilities to conduct a complete Water System Condition and Operational Assessment. Phase Two will include a Water Rate study utilizing findings from the Water System Condition Assessment, Water Master Plan, Capital Improvement Plan, Pipeline Replacement Program and the Urban Water Master Plan. The tasks to be completed and delivered to the City as part of this project are detailed and summarized below:

PHASE ONE – WATER SYSTEM CONDITION ASSESSMENT AND

WATER MASTER PLAN
Consultant shall perform a thorough assessment and evaluation of the existing water system, including a comprehensive facility review, supply and pumping analysis, storage needs assessment and a pressure management study to develop recommendations to be included in City’s Water Master Plan (“WMP”). The WMP must address all the above items in a user-friendly format suitable for use by management, operations, and engineering to assist in the planning, funding, construction, and operation of water supply, treatment, and distribution facilities.

Information shall be provided in a logical, easy-to-find format, either in the body of the report, or in appendices. Where appropriate, information shall be provided in tables, graphs, sketches, and photos or in such other format as City’s Contract Officer shall require.

The maximum duration to fully complete Phase One shall NOT exceed 12 months.

TASK 1: PROJECT MANAGEMENT
Consultant shall perform the following identified Project Management activities, submittals and meetings to the reasonable satisfaction of City’s Contract Officer:

1.1) Project Kick-off Meeting:

Consultant shall coordinate and attend a project kick-off meeting with City staff. Consultant’s Project Manager, Project Engineer and other key staff shall attend. Consultant shall prepare and submit an agenda one week in DocuSign Envelope ID: 805E4581-A910-4BE6-BF5E-6C5014ADCC24 Item #10. Page 31
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advance of the meeting. A sign-in sheet shall be used to record attendance at the meeting. Within one week after the meeting, Consultant shall provide Meeting Minutes to the City.

1.2) Monthly Project Progress Reports:

Consultant shall submit Monthly Project Progress Reports that provide a summary of the project’s progress for the most recent calendar month and include the following as a minimum: Summary of work completed by task, list of proposed activities for the upcoming month, list of pending information needed to support the planned activities for the upcoming month, list of out of scope items, percent complete/budget status summary, and an updated project schedule showing work completed through the reporting period and any revisions to the overall project schedule.

1.3) Monthly Project Coordination Meetings:

Consultant shall coordinate and attend monthly Project Coordination Meetings with the City. Consultant’s Project Manager and Project Engineer shall attend with other key staff, if relevant, to discuss the issue identified for the respective meeting. Consultant shall prepare and submit an agenda at least one week in advance of the meeting. A sign-in sheet shall be used to record attendance at the meeting. Within one week after the meeting, Consultant shall provide Meeting Minutes to the City.

1.4) Weekly Project Updates:

Consultant shall provide weekly updates via email summarizing the progress of the work, list critical data collection items needed to support the ongoing work, identify items impacting the project schedule, and any other relevant project issues.

1.5) Workshops:

Consultant shall prepare for, coordinate, and attend workshops for the duration of the project to present various topics to City staff and obtain feedback and direction related to the topics presented. Consultant shall propose the number of workshops needed and may schedule workshops adjacent to monthly Project Coordination Meetings, or any other meetings between City staff and Consultant. Consultant shall provide a summary of the workshops included in your proposal and potential topics for each workshop.

1.6) Quality Control:

Consultant’s Project Manager shall review all submittals prior to submitting to the City. Submittals that contain significant grammar and/or punctuation errors, or where the submittal has major quality control issues, will not be accepted by the City.

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TASK 2: DATA COLLECTION AND REVIEW
Consultant shall document and review pertinent data to be used during this project, including operational conditions. Consultant shall develop a Data Tracking List as part of this task to document the date/version of data collected and used so it is easy to perform future updates.

All data collected shall be recorded in the Data Tracking List and logged for future use and reference. Where information appears outdated, it will be noted as such and the project team will determine if newer data is needed. The appendices include a portion of the documents listed above.

The Data Collection List shall be updated regularly and distributed with the Weekly Project Updates. The data compiled from this task will be used to draft the Water System Introduction and Overview which includes an overview of the historical and current status of the water system, City formation and location, City organizational structure and provides details related to report organization, sources of data, conventions, and units of measure.

TASK 3: WATER DEMAND ANALYSIS
One of the key elements to having a defendable WMP Update and CIP is proper allocation of water demands. The accuracy of the hydraulic model and resulting improvement projects is largely dependent on having the correct quantity and location of demands assigned. As part of this task, Consultant shall determine the best method to establish a parcel-to-meter link using the existing monthly billing records for the past 5 calendar years (2015 through 2020) as well as the water production records for the same period to establish existing demands.

Future water demand will be based on the General Plan zoning designations for the planning horizon (the current General Plan extends to year 2025), population projections and known developments. Consultant shall develop future demand by creating land use-based Unit Flow Factors and incorporating predicted population changes to determine the location and quantity of future demand in the City.

Consultant shall compare future demand projections with the water supply analysis to be completed as part of Task 4 to determine if water shortages are anticipated within the planning horizon.

Consultant shall review water loss estimates in the system. For the hydraulic model, the water demand will be increased by the difference between the water production and billing records to simulate the realized flow the City’s water infrastructure experiences.

Updated weekday and weekend average day and maximum day 24-hour diurnal usage patterns will be created as part of this task. Consultant shall propose which pressure zones to monitor and number of pressure loggers needed to accurately capture usage patterns.

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Consultant shall submit a draft chapter of the report that summarizes existing and future water demands. Information shall be presented in tabular and graphical formats. The submittal shall describe the process used to develop the projections.

Consultant shall present the demand projections to City staff in a workshop format.

Consultant shall submit a final version of the report chapter that incorporates comments provided during the workshop and any other comments provided during the review period. The final chapter shall be included in the final WMP Update and final report.

TASK 4: WATER SUPPLY ANALYSIS
The City has a complex water supply system with many operational variables. The City’s water supply sources include groundwater pumped from the Main San Gabriel Basin; treated, imported surface water purchased from Metropolitan Water District of Southern California through Three Valleys Municipal Water District; and local treated surface water and/or groundwater purchased from CIC. Exhibit 1 is the water system operating diagram. The City’s groundwater supplies are considered generally to be reliable but all of the City’s active groundwater wells are located in two subbasins of the Main San Gabriel Basin, Canyon and Glendora Sub-basins. These two sub-basins are partially isolated from the main basin by underground faults and have historically been subject to drops in groundwater levels during periods of drought.

The four wells in the Glendora sub-basin are subject to Nitrate contamination, believed to originate from historical agricultural land use and relatively shallow groundwater depth. This water is blended with water from the wells located in the Canyon sub-basin or imported water purchased through Three Valleys Municipal Water District. Exhibit 2 is the Nitrate Blending Plan. As a result, usage of these wells is highly dependent upon production from the wells located in the Canyon subbasin. However, the Canyon sub-basin is subject to substantial drops in groundwater elevation as it is dependent upon precipitation and groundwater recharge to maintain its level. The City has observed groundwater levels that required them to shut off wells in 2007, 2015 and 2021.

The alternate use of imported water can be blended with the Nitrate contaminated water from the Glendora sub-basin however this can present a water quality issue with the blending of chloraminated imported water and chlorinated groundwater.

This can cause the formation of disinfectant by-products and taste and odor issues.

The combination of these two issues limits the City’s ability to produce groundwater in times of drought. The City seeks to diversify its water supply to further increase reliability.

Consultant shall meet with the City’s Water Division Operations staff to knowledgecapture how they typically supply, blend, and deliver water to the system. While not every operational condition can be identified, it is important to document typical operations in order to conduct hydraulic model simulations and identify potential improvement projects.

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The City’s main source of water supply is groundwater pumped from the Main Basin. Consultant shall provide an assessment of the well system, common well configuration, well collection system, how water travels from the wells to the distribution system and the Nitrate blending plant located at the City Yard.

Consultant shall include a discussion of current water quality conditions, future water supply projections, and long-term planning to mitigate potential impacts to the City’s groundwater supplies.

Consultant shall include an analysis to possibly diversify water supplies including project to rehabilitate existing groundwater well sites, redevelopment of inactive well sites, possible development of recycled water projects, and partnerships with neighboring agencies and businesses.

Part of this task is to evaluate the potential for any future deficiency, given updated economic conditions and projections. To assist in this analysis, the Consultant shall review the following items as part of this task:
 Existing water rights for groundwater
 Hydrogeologic conditions of the Upper San Gabriel Basin and Canyon and Glendora sub -basins
 Potential for development of additional local groundwater supply, including treatment and delivery infrastructure required for beneficial use
 Future of additional groundwater and imported water availability  San Gabriel Main Basin water supply
 Potential for groundwater recharge using reclaimed water or stormwater capture
 Groundwater recharge using imported untreated supplies Another part of this task is to evaluate the reliability of future water sources. The Consultant shall take a realistic approach to determining which water supply sources will be available in the future, and the quantity, quality, and cost to supply water from the various sources. Consultant shall investigate potential alternate sources of water and strategies if a future supply shortage is anticipated, such as:
 New water production wells
 New water treatment facilities
 Water banking
 Water conservation and rationing
 Conjunctive use
 Purchase of additional San Gabriel Main Basin water rights  Stormwater capture and recharge
 Recycled / Non-potable water
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Consultant shall explore possible use of grant funding or other alternative funding sources to provide capital for new facilities or partnerships with neighboring agencies to further diversify and increase water supply reliability.

TASK 5: PLANNING CRITERIA
Consultant shall review previously compiled data such as jurisdictional boundaries, demographics, land use, population, and planning data as part of Task 2 and utilize the most current information available. One of the goals of this task is to characterize the type of water users that are part of the City’s water distribution system for the year 2021. Consultant shall:
 Review existing and future population estimates, existing and future land use information, and existing and future water service areas to determine potential impacts.
 Coordinate with the City Planning Department to keep the WMP Update aligned with the General Plan, Specific Plans, etc.
 Keeping the Planning Department engaged is a key element to making a master plan document that is accurate and accepted across various City departments.

Consultant shall review the data compiled from various sources and will provide recommendations where the land use, population, or planning data will have a substantial effect on the modeling and planning results. Consultant and City staff shall meet to discuss Consultant’s findings and discuss potential impacts to refine results. Once the information is collected, organized, and all parties agree on its validity, it will be used as the basis for completing the WMP Update.

Planning criteria is used in the evaluation of both existing and future system hydraulic models. In general, the criteria from the 2017 WMP will be updated, as needed, to meet any changes in municipal code or operational changes and fire flow criteria need to be updated. General categories of criteria shall include the following:
 Storage (including operational, fire protection, emergency, and blending)
 Pump Stations
 System pressures under various demand conditions
 Intra-zone water sharing
 Inter-agency water sharing
 Pipeline criteria (flow, velocities, head loss)
 System redundancy and reliability
 Fire flow requirements under Wildland Urban Interface Consultant shall determine the planning horizon and design criteria for this WMP Update to analyze the existing water system and to evaluate recommended improvements. The criteria shall address the size of replacement, parallel, and new facilities for pipelines, pumping stations, storage facilities and regulating stations.

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Consultant shall develop unit costs to estimate Project Costs. Unit costs shall cover pipelines, pumping stations, storage facilities, regulating stations, and other improvements as appropriate. The unit costs shall incorporate cost information based on the City’s experience with similar facilities.

Consultant shall prepare and submit a draft Technical Memoranda that summarizes the Planning Criteria and Unit Cost Criteria proposed by Consultant for this WMP Update. Consultant shall present this information to City staff in a workshop format.

Consultant shall submit the final versions of the Technical Memoranda that incorporate comments by City’s Contract Officer provided during the workshop(s) or written comments provided during the review period. The final Technical Memoranda shall be compiled in a separate chapter of the WMP Update, generally in a tabular format, for easy identification and access.

TASK 6: WATER SYSTEM CONDITION ASSESSMENT
This task to include an inventory and thorough assessment and evaluation of the existing water system, including a comprehensive facility review, supply and pumping analysis, storage needs assessment and a pressure management study to develop recommendations to be included within the Water Master Plan.

Consultant shall create a facility inventory of the City’s potable water tanks, pump stations, control valves, and emergency interconnections. The facility inventory shall consist of a listing of facility characteristics necessary for hydraulic modeling. The consultant will meet with City operations staff to understand the current operations of the water system.

The task will also consist of site visits by Consultant to assess the condition of key tank, booster pump, and groundwater well sites. The purpose of the visit is to evaluate the existing condition of the facilities and to make recommendations for modifications and improvements at the facilities based on visual inspection.

Observations will be documented in a brief memorandum along with field photos and captions.

As a part of this task, Consultant shall perform a supply and pumping analysis to review and evaluate source and distribution facilities. Using the previously collected inventory and facility assessment data to analyze overall source capacity and pumping operations to identify possible deficiencies and provide recommendations.

Consultant shall also perform a storage capacity analysis to determine if additional storage is needed or if excess capacity exists and older facilities may be removed from service. Inter-agency connections and agreements for mutual support shall be described and presented.

Consultant shall prepare and perform a pressure management study that will include a desktop analysis to identify expected pressure values within each zone and potential areas of high operational pressures. Consultant shall take field measurements to verify average zone pressure and critical areas, the Consultant to DocuSign Envelope ID: 805E4581-A910-4BE6-BF5E-6C5014ADCC24 Item #10. Page 37
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determine the monitoring study period and potential locations for installation of pressure loggers within each zone. Monitoring study period should include the cycling of pumping stations and wells to determine possible effects of water hammer and pressure surges. Recommendations for long-term pressure management and monitoring shall be made to control water loss and reduce effects of water hammer and surge due to pump cycling.

Consultant shall provide a desktop distribution system assessment including pipeline material, age, size, and history of leaks and repairs. Consultant to also perform a desktop criticality assessment of the distribution system to identify and prioritize pipelines that are critical to system reliability or provide water to critical infrastructure within the city (i.e., hospitals, care facilities, City Hall, police station, etc.) Consultant to provide initial assessment of pipelines that are to be included in the Pipeline Replacement Program to be developed in Task 12.

TASK 7: WATER QUALITY EVALUATION
This task requires Consultant to review the following: overall distribution system water quality and existing distribution sampling plan to determine if existing water quality monitoring sampling locations are representative of the distribution system.

Review of water source quality and make recommendations if treatment options should be explored. Review of distribution flushing program and system dead ends and how optimal water quality can be maintained.

Consultant shall also provide an analysis of the current blending system operation located at the City Yard and provide recommendations on how the City can maximize use of local groundwater supply and possibly improve operational efficiencies. This could include simple improvements such as reservoir management systems or larger capital improvement projects like additional groundwater wells to improve blending operations.

Review water source quality of the City’s four inactive wells and recommend how the City should approach bringing these sources back online, what water quality constituents should be analyzed, and which water treatment options should be evaluated.

TASK 8: HYDRAULIC MODEL UPDATE
A hydraulic model was updated for the 2017 WMP using H2OMAP model. Exhibit 3 is the hydraulic model. Since the 2017 WMP, H2OMAP is no longer supported by the developer and so migration to a new model is needed. The Consultant will review the needs of the City and make a recommendation. The model then needs to be updated with new facilities and operational controls and an audit of the model will be performed as part of this task to check for accuracy and to make sure critical facilities are included. The Consultant to propose a checklist of items to include in the audit.

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The current model has been inventoried in --2004 and a summary of the facilities is outlined below:

Pipe Segments: 3,320
Nodes: 2,877
Storage Tanks: 14
Pumps: 30
Pressure Reducing Valves: 3
Due to this inventory being outdated, some of the water infrastructure facilities appear to be missing in the model, the main objective of this task is to add the missing facilities, update the model with as-builts for new development and pipeline replacements, update water demand and allocation, analyze peaking factors, verification, and re-calibration after applying the updated demands. The model calibration will include the following phases:
1) Update model with new and replaced pipelines
2) Add missing and new facilities
3) Update elevations for new pipelines and facilities
4) Demand allocation
5) Update demand patterns
6) Calibration
The settings and controls in the model should be updated according to the data collected and verified by the Consultant. The Consultant to propose what calibration data to be collected, provide the loggers and recorders needed, and coordinate with City staff to perform field testing as needed.

TASK 9: EXISTING WATER SYSTEM HYDRAULIC ANALYSIS
Consultant shall utilize the results of the updated, calibrated hydraulic model to evaluate existing system hydraulics. The following core scenarios will be used as well as any sub- scenarios needed to evaluate the existing system hydraulic model:
 Existing Average Day Demands (72-hour Extended Period Simulation (EPS))  Existing Maximum Day Demands (72-hour EPS, which includes the Peak Hour in the diurnal)
Existing Maximum Day Demands + Fire Flow (Steady-State) This set of scenarios and conditions provides a good basis for evaluating the existing system capacity and possible improvements resulting from the hydraulic model. The Consultant shall use the results from these scenarios to evaluate it against the Planning Criteria developed during Task 6. The Consultant shall produce maps/tables identifying facilities that do not meet criteria. The Consultant shall handle the fire flow simulations in the following way:
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run to identify
a. Nodes not meeting fire flow criteria
b. Critical nodes (i.e. bottleneck node(s) that may prevent other nodes from meeting fire flow criteria)
2) From the global fire flow simulation, identify and evaluate nodes that need additional investigation, for example if nodes near hospitals or schools cannot deliver the required fire flow. The Consultant shall suggest the best methodology to determine which nodes require additional investigation.

In addition to the model results, Consultant shall evaluate other existing system parameters such as:
 Pump performance (SCE pump tests will be provided where available)  Tank type and design (inlet/outlet configuration, use of baffles, mixing, etc.)
 Turnover time in tanks
 Pressure Reducing Valve (PRV) configurations
 Flow control stations
 Hydraulic settings of sub-zones supplied by pumping or by PRV’s  Seasonal groundwater well operation scenarios
 System pressure, high and low areas
 High pipe velocities or high head losses
 Supply and pumping analysis
Facilities not meeting planning criteria in the model shall be flagged with a userdefined field explaining the reason. Consultant shall meet with City staff to discuss deficiencies and possible solutions that can be included in the CIP development step.

This will make developing and prioritizing the CIP more accurate since the reason for the recommendation will have been recorded at the time of evaluation.

TASK 10: FUTURE WATER SYSTEM HYDRAULIC ANALYSIS
This task involves loading the existing system model with future (2026) demands and running simulations to identify where system improvements are needed during the planning horizon. During this task, changes to some operational controls will likely be needed, as well as infrastructure improvements. In addition, Consultant shall review prospective water conversion sites identified in the WMP Update to determine potential reductions in potable water use. The following core scenarios shall be used as well as any sub-scenarios needed to evaluate the future system hydraulic model:
 2026 Average Day Demands (72-hour EPS)
 2026 Maximum Day Demands (72-hour EPS, which includes the Peak Hour in the diurnal)
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Results from these scenarios shall be evaluated against the Planning Criteria developed during Task 5. Facilities not meeting planning criteria in the model shall be flagged with a user-defined field explaining the reason. Additional/future facilities input into the model shall be flagged as future facilities for easy tracking and identification in tables and figures.

The storage capacity analysis developed as part of Task 6 shall be updated for future system conditions and demands. Like the existing system, the Consultant shall account for any intra- zone or inter-agency water-sharing capabilities the City possesses.

TASK 11: CAPITAL IMPROVEMENT PROGRAM
The results of the WSCA and the existing and future system hydraulic analysis done as part of Tasks 6, 9 and 10, respectively, shall be grouped into logically constructible improvement projects as part of this task. It is important to vet across multiple departments and disciplines the recommendations produced from this effort, including management, to evaluate the feasibility of the recommended improvements. Projects requiring alignment changes or other edits will be addressed as part of this task.

Consultant shall develop an age-based water system facility rehabilitation and replacement plan. Water facility age and conversations with City staff will be used to make recommendations for the timing of replacement and maintenance for tanks, groundwater wells, booster pump stations, and pipelines. This information will also be utilized to refine the prioritization of water facility maintenance and replacement recommendations.

Findings and recommendations from the 2017 WMP shall be evaluated with the recommendations resulting from this project. The Consultant shall develop and use a prioritization matrix/method to prioritize and schedule CIP projects. The prioritization matrix/method shall be discussed, developed, and agreed upon with City staff and management. The CIP shall be prioritized and phased over the planning horizon based on capacity, condition, financial feasibility, and economic feasibility needs with each project given a priority/ranking score.

Consultant shall develop planning level cost estimates for all recommended facilities. The cost estimates shall be based on a variety of cost data sources, such as City and other local project bidding history, Water Division staff input and other sources reflecting cost of utility construction in southern California, adjusted to the then current Engineering News Record (ENR) Los Angeles Area Construction Cost Index (CCI), including appropriate contingency factors. Define other factors needed to generate Total Project Costs (soft costs). Escalate costs to future years using historical construction cost inflation factors. Provide a summary of costs for each planning year, by service area. Present the cost summaries using tabular and graphical formats. The final report shall include a discussion of the basis for the cost DocuSign Envelope ID: 805E4581-A910-4BE6-BF5E-6C5014ADCC24 Item #10. Page 41
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estimates. The CIP will include tables with individual project costs phased over the planning horizon to establish a financial planning guide for the City.

TASK 12: PIPELINE REPLACEMENT PROGRAM
Consultant shall develop a risk-based Pipeline Replacement Program (PRP) utilizing an artificial intelligence tool to assess the risk and condition of water distribution mains to calculate likelihood of failure, consequence of failure and business risk exposure. Pipeline age, material, and water loss records collected and analyzed in Task 6 will be used to prepare end of useful life (EUL) estimates for the entire water distribution system.

Findings and recommendations from the 2017 WMP shall be evaluated with the recommendations resulting from this task. Consultant shall develop and use a prioritization matrix/ method to prioritize and schedule PRP projects. The prioritization matrix/ method shall be discussed, developed, and agreed upon with City staff and management.

The PRP shall be prioritized and phased over the planning horizon based on capacity, condition, financial feasibility, and economic feasibility needs with each project given a priority/ranking score. Consultant shall develop planning level cost estimates. Provide a summary of costs for each planning year, by service area. The PRP will include tables with individual project costs phased over the planning horizon to establish a financial planning guide for the City.

TASK 13: WATER MASTER PLAN DEVELOPMENT
Consultant shall develop the Water System Master Plan (“WSMP”) to be formatted as outlined in the Final Report and provides a central planning document to guide improvements to the City’s water infrastructure through the established planning horizon. The WSMP shall address all future planning needs for the water utility while coordinating with all other Public Works needs within the City’s jurisdiction, such as street rehabilitation. WSMP shall also coordinate with projects planned by other utilities and transportation corridors that pass through the City.

The WSMP shall include an overall vision for the future and the appropriate goals and objectives to achieve that vision. Consultant shall assist the City to determine key goals as established within the General Plan, Urban Water Management Plan and establish the WSMP objectives and goals which may include but are not limited to:
 Provide a compliant, reliable, and resilient water system that can respond to future changes in regulations, policy, and environmental factors.  Achieve energy efficiencies through green infrastructure where feasible.  Manage assets effectively to attain economic sustainability and integrating community interests.
 Mitigate and adapt to potential impacts of climate change.  Protect environmental resources and enhance sustainability.

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Projects proposed in the WSMP include repair and replacement of aging infrastructure, new facilities to accommodate planned growth or to meet existing and future regulatory requirements. Projects should be clearly defined with identification of major goals and objectives, identified coordination needs for other utilities or infrastructure needs, fully screened for viable alternatives, and then fully developed to meet the overall goals and needs of the water system.

Consultant shall propose to prepare a Sub Area Master Plan (SAMP) template for specific pressure zones or potential new developments which may have a significant impact on the water system and provide it in an appendix with the WMP Update.

TASK 14: FINAL REPORT
Consultant shall prepare and submit to City’s Contract Officer a Final Report. This report shall be organized as a reference living document designed for accessibility and ease of use and must include, to the reasonable satisfaction of City’s Contract Officer, the following sections:

EXECUTIVE SUMMARY
The executive summary includes a summary of water supply and demand, summary of facilities, system analysis conclusions and recommendations.

INTRODUCTION AND OVERVIEW
This section includes an overview of the historical and current status of the water system, City formation and location, City organizational structure and provides details related to report organization, sources of data, conventions, and units of measure.

WATER DEMAND ANALYSIS
This section identifies existing and future water system demands and identifies customers by type and location and quantifies future trends in demands. This section should include exhibits detailing population projections, land use designations and water demand projections.

WATER SUPPLY ANALYSIS
This section identifies and provides an analysis of the City’s current sources of potable water supply and future supply reliability. This section should include imported water system and the ground water well collection system and to be illustrated with tables, charts, figures, and exhibits.

PLANNING CRITERIA
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This section identifies the process used to establish the planning criteria used for the WSMP using land use and population data from the City’s General Plan and updated criteria from the 2017 WSMP.

WATER SYSTEM CONDITION ASSESSMENT
This section will be a summary of multiple studies and analysis of the water system, including an inventory and assessment of all facilities, a supply and pumping analysis, pressure management study, and desktop analysis of the water systems distribution system pipelines.

WATER QUALITY ANALYSIS
This section reviews the City’s existing water quality, water quality sampling plan and locations, water supply source water quality, and water quality impacts from distribution system dead ends and current flushing program.

HYDRAULIC MODEL UPDATE
This section will detail the update of the City’s hydraulic model, addition of new pipes, valves and appurtenances installed since the last update and model calibration, including updated demand allocation and some field calibration.

EXISTING WATER SYSTEM HYDRAULIC ANALYSIS
This section includes an analysis of the updated hydraulic model of the existing water system and current water system demands to identify average and peak day demands, fire flow capacity and any possible system deficiencies.

FUTURE WATER SYSTEM HYDRAULIC ANALYSIS
This section includes an analysis of the updated hydraulic model of the existing water system and future system demands to identify facilities that possibly do not meet planning criteria.

CAPITAL IMPROVEMENT PROGRAM
This section evaluates and prioritizes recommended projects. It schedules the projects for implementation over a twenty-year period. Each Capital Improvement Project shall have an individual project sheet (Cut Sheet). Each project sheet should have the following information: Project Title, Project Type, Impacted Zone(s), Purpose, 2021 Cost Estimate, Project Location, Project Description, Project Detail, and Project Map.

PIPELINE REPLACEMENT PROGRAM
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This section will detail the risk-based Pipeline Replacement Program and evaluates and prioritizes pipelines for replacement over a twenty-year period. Each Pipeline Replacement Project shall have an individual project sheet (Cut Sheet). Each project sheet should have the following information: Project Title, Project Type, Impacted Zone(s), Purpose, 2021 Cost Estimate, Project Location, Project Description, Project Detail, and Project Map.

APPENDICES
This section of the report shall contain the big volume reference data used on the report. Some of the data information that shall be in this section but not limited to existing facilities field collection data sheets, various hydraulic modeling results, etc.

Upon completion of the above listed sections, a draft report shall be produced for internal distribution to City staff. The Consultant shall meet with various divisions, as needed, to present (using Power Point presentation) findings, methods, and procedures and to address any questions or concerns. The intent of having the Consultant submit a draft section report is to receive feedback from all parties throughout the duration of the project in an effort to minimize comments when the report is fully compiled, it also helps reviewers focus to provide quality reviews.

PHASE TWO – WATER RATE STUDY
This study shall include analysis of existing rate structure and data compiled from the Water System Assessment and Water System Master Plan to develop a comprehensive Water Rate Study. The maximum duration to fully complete Phase Two shall NOT exceed 12 months.

TASK 1: PROJECT MANAGEMENT
Consultant shall perform the following identified Project Management activities, submittals and meetings:

1.1) Project Kick-off Meeting:

Consultant shall coordinate and attend a Project Kick-off meeting with City staff.

Consultant’s Project Manager, Project Engineer and other key staff shall attend.

Consultant shall prepare and submit an agenda one week in advance of the meeting.

A sign-in sheet shall be used to record attendance at the meeting. Within one week after the meeting, the Consultant shall provide Meeting Minutes to the City.

1.2) Monthly Project Progress Reports:

Consultant shall submit Monthly Project Progress Reports that provide a summary of the project’s progress for the most recent calendar month and include the following as a minimum: Summary of work completed by task, list of proposed activities for the upcoming month, list of pending information needed to support planned activities for the upcoming month, list of out of scope items, percent DocuSign Envelope ID: 805E4581-A910-4BE6-BF5E-6C5014ADCC24 Item #10. Page 45
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complete/budget status summary, and an updated project schedule showing work completed through the reporting period and any revisions to the overall project schedule.

1.3) Monthly Project Coordination Meetings:

Consultant shall coordinate monthly Project Coordination Meetings with the City.

Consultant’s Project Manager and Project Analyst shall attend with other key staff, if relevant, to discuss the issue identified for the respective meeting. Consultant shall prepare and submit an agenda at least one week in advance of the meeting. A sign-in sheet shall be used to record attendance at the meeting. Within one week after the meeting, Consultant shall provide Meeting Minutes to the City.

1.4) Weekly Project Updates:

Consultant shall provide weekly updates via email summarizing the progress of the work, list critical data collection items needed to support the ongoing work, identify items impacting the project schedule, and any other relevant project issues.

1.5) Workshops:

Consultant shall prepare for, coordinate, and attend a maximum of three (3) inperson workshops for the duration of the project to present various topics to City staff to obtain feedback and direction related to the topics presented. Workshops may be scheduled adjacent to monthly Project Coordination Meetings, or any other meetings between City staff and Consultant. Consultant shall provide a summary of the workshops included in your proposal and the topics for each workshop.

1.6) Quality Control:

Consultant’s Project Manager shall review all submittals prior to submitting to the City. Submittals that contain significant errors, or where the submittal has major quality control issues, will not be accepted by the City.

TASK 2: DATA COLLECTION AND REVIEW
The purpose of this task is to collect, document and review any pertinent data to be used during this project, including the current rate structure. Consultant shall develop a Data Tracking List as part of this task to document the date/version of data collected and used so it is easy to perform future updates.

TASK 3: WATER RATE STRUCTURE ANALYSIS
Consultant shall review and analyze requirements, bond covenants, and any other contractual requirements of the water systems. Evaluate existing rates, cost of service, overhead formulas, classifications, and fees for development of recommendations to improve the rate structure to meet state and local statutory requirements, water system operational goals and needs.

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A. Using the newly completed Water Master Plan and CIP, Consultant shall review and evaluate existing water rates and fees.

B. Cost Allocation: Develop a model for calculating the full costs (overhead) of providing each City service. The addition of hypothetical service area information for future service enhancements, the ability to calculate the estimated costs for providing the service under consideration.

C. Cost of Service: Work with selected City staff to define the purpose, use, and goals of an overhead cost allocation plan, ensuring that the development of the plan will be both accurate and appropriate for the City’s current needs. Determine cost differences associated with serving different types of customers. The study shall reflect the cost relationships for producing and delivering services.

D. Develop a financial plan to meet the revenue requirements of the water system including but not limited to water supply costs, operating costs, capital funding, reserve requirements and other financial policies.

E. Use the newly completed Water Master Plan and CIP to determine water rate impacts and analyze the cost of service by customer class.

F. Determine Revenue Requirement-Infrastructure and Capital costs: Figure out revenue requirement on “cash basis” approach for establishing revenue requirement and setting rates. Analyze infrastructure and O&M expenses.

TASK 4: DEVELOP NEW WATER RATE STRUCTURE AND REGULATIONS:

Consultant shall:

A. Determine if the City should consider a different rate structure or tier breakdown.

Provide the pros and cons of the existing rate structure and other rate structure options that would send a conservation signal to the customer and is consistent with current regulations. Discuss with City staff potential rate design alternative that can meet the City’s pricing goals and objectives while considering:
 Current and future costs of water provision.
 Projected changes in water supply and demand.
 Age and condition of water system and reliability of infrastructure.  Cash flow and recommended reserve levels.

B. Other Rate Categories: Determine if the City should consider separate rates for irrigation, residential, and multi-residential customers, and if so, make rate recommendations.

Recommended rate structure shall be based on actual cost of service and shall be sufficient to meet the revenue requirements of the City of Glendora including the capital costs and ongoing operations and maintenance costs for at least 10 years.

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C. Recommend potential new fees and charges for services that the City currently provides but does not have any fees and/or charges established. Recommendations should be based on practices by surrounding municipalities that may charge for similar services, industry best practices, or the consultant’s professional opinion.

D. Rate Regulations: Discuss current rate regulations (including Proposition 218 & SB 606), COVID-19 pandemic, and other pertinent impacts. Develop a schedule that details when the final Water Rate Study will be completed, and the City Council can adopt the new rates.

E. Drought Surcharges: Evaluate and recommend a 5-year update of drought surcharges at 10%, 20%, 30%, and 50% water cutbacks. Determine the financial impacts to rates and options to ensure the water fund remains whole.

F. Other Options to Fund Capital Projects: Evaluate and develop schedules for funding, such as loans from the City’s general fund and water revenue bonds to help fund capital projects identified in the Master Plan. Identify existing and potential funding mechanisms to finance division operations and capital improvements.

G. Benchmarking: Provide an analysis of recommended rate changes as compared to other water agencies. Benchmarking of area cities to calculate the costs of providing City services.

TASK 5: CONNECTION FEE STUDY
Consultant shall review and make recommendations to update the existing meter connection fees. Consultant to review available capacity in the water system, existing asset values and planned capital improvements. Fees for any new connections to the water system must ensure that they reflect a fair share of capital costs which may include the cost of developing additional or new water supply or upgrades to existing infrastructure.

Capacity charges should follow industry standards set by the American Water Works Association (AWWA).

TASK 6: UPDATE MASTER FEE SCHEDULE
Consultant shall review and make recommendations to update the existing water system related Master Fee Schedule to include new fees for activities not currently covered and address fees where the City is not recovering full cost of service.

TASK 7: PUBLIC OUTREACH AND MEETINGS
Proposed rate structure shall be presented to the City Council and Consultant shall attend up to two (2) meetings to present the study results and obtain input.

Consultant shall coordinate and attend up to two (2) community meetings to discuss the proposed water rates. Consultant shall be prepared to present the study to residents in a public format and may need to conduct meetings via web-based video DocuSign Envelope ID: 805E4581-A910-4BE6-BF5E-6C5014ADCC24 Item #10. Page 48
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conferencing. Consultant shall attend two (2) public hearings to present proposed water rates.

Consultant shall provide guidance and advice to City staff for compliance for Proposition 218 process for water rate changes. City staff and legal counsel will draft the required Proposition 218 notice for any proposed rate adjustment for distribution of a written notice to the recorded Owner on the proposed rate adjustment. The Consultant to provide the City assistance with public outreach materials to be released on the City website and newsletters.

TASK 8: DELIVERY OF NEW PROPOSED WATER RATES AND FINAL
REPORT
Consultant shall provide a preliminary draft report with a proposed 5-year rate structure and alternative options to be reviewed by City staff. City staff will confer on content of Final Report and a recommended rate structure and schedule.

Consultant will then prepare a Draft Report for City staff review and comment and incorporate and/or address comments in a Final Report.

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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.

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EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the tasks in the following not to exceed amounts:

PHASE ONE:

1. Project Management $33,092

2. Data Collection and Review $8,912

3. Water Demand Analysis $40,551

4. Water Supply Analysis $29,915

5. Planning Criteria $3,774

6. Water System Condition Assessment (WSCA) $69,186

7. Water Quality Analysis $19,888

8. Hydraulic Model Update $58,876

9. Existing Water System Hydraulic Analysis $6,486

10. Future Water System Hydraulic Analysis $13,526

11. Capital Improvement Program (CIP) $13,024

12. Pipeline Replacement Program (PRP) $97,926

13. Water Master Plan (WMP) Development $19,264

14. Water Master Plan Final Report $25,184
PHASE TWO:

1. Project Management and City/Community Meetings $14,640

2. Data Collection and Review $3,480

3. Water Rate Structure Analysis $7,596

4. Develop New Water Rate Structure and Regulations $8,408

5. Connection Fee Study $4,348

6. Update Master Fee Schedule $3,536

7. Public Outreach and Meetings $11,420

8. Delivery of New Water Rates and Final Report $8,916
Total Not to Exceed Compensation $499,948
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

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C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.

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EXHIBIT “D”

SCHEDULE OF PERFORMANCE
Consultant shall perform all services timely in accordance with the following schedule:

The term of this agreement shall commence upon approval of the City Council, execution by the City Manager, and providing proof of required insurance to the reasonable satisfaction of City’s Contract Officer.

II. Consultant shall deliver the following tangible work products to the City by the following dates.

A. See attached Exhibit D-2 for schedule of performance.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: FEBRUARY 8, 2022
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: AWARD THE CONTRACT FOR INTEGRATED WATER MASTER PLAN AND WATER RATE STUDY TO AKM CONSULTING ENGINEERS IN THE AMOUNT OF $549,942.80 (STRATEGIC PLAN ITEM 8-IFSS)

RECOMMENDATION
That the City Council:

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.

EXECUTIVE SUMMARY
Public Works solicited request for proposals to develop a comprehensive Water Master Plan and Water Rate Study from professional engineering consulting firms. Proposals were received from three (3) engineering firms. The proposals were evaluated based on responsiveness, firm experience and technical abilities, project team experience, design approach, cost and results from an oral interview. Based on the evaluation, AKM Consulting Engineers was selected to proceed with the Integrated Water Master Plan and Water Rate Study.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
On June 16, 2021, the City Council approved the Fiscal Year (FY) 2021/23 Two-Year Budget, which included the 5-YR CIP. Funding was approved for the first year and programmed for the second year, and subsequent years will be subject to future budget allocations. In addition, ongoing projects approved by the City Council in previous years were carried over to the current fiscal year (FY 2021/22). The current Integrated Water Master Plan was included for FY2021/23 with a proposed budget of $500,000.

DISCUSSION
Under the strategic Plan goal to Improve and Maintain the City’s infrastructure and Facilities (IMCIF) and Increase Financial Stability and Sustainability (EFSS), Public Works will be performing a system-wide condition assessment to develop an overall water system improvement plan. As a part of this assessment, a water rate study will also be conducted to analyze existing rates and water revenues needed to ensure adequate funding to properly operate and maintain the City’s water infrastructure.

This project is to be completed in two phases. Phase One will generally consist of collection and review of existing reports and data, as well as physical site visits and inspection of facilities to conduct a complete Water System Condition and Operational Assessment This includes the development of a Capital Improvement Program, Pipeline Replacement Program, and Water Master Plan. Phase Two will include a Water Rate Study that utilizes findings from Phase One and other sources to fully analyze existing water rates and revenue and develop recommendations on a new rate structure or modification of existing rates.

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Staff solicited request for proposals for the comprehensive infrastructure assessment and corresponding rate study from professional engineering firms. Proposals were submitted by three (3) engineering firms as outlined below:

Firm Location Amount
Stetson Engineers Inc. Covina, CA $481,600
AKM Consulting Engineers Irvine, CA $499,948
Carollo Engineers Los Angeles, CA $545,433
The proposals were evaluated and ranked by a two-member review panel consisting of the Assistant Director of Public Works and Operation staff. Evaluation criteria included responsiveness, firm experience and technical abilities, project team experience, design approach, cost and results from an oral interview.

It was determined that two (2) proposals ranked sufficiently close to warrant being invited to make an oral presentation and respond to staff questions from a three-member interview panel consisting of the Assistant Director of Public Works, Operation Staff and Administrative Services Director. After conducting the interviews on January 6, 2022, the panel completed the consultant ranking process and concluded that AKM Consulting Engineers had the best approach to the assessment and provided the best overall value to the City in the amount of $499,948. A summary of the complete evaluation is shown below:

EVALUATION RESULTS

CRITERIA AKM
Engineers
Carollo
Engineers
Stetson
Engineers
Proposal Responsiveness – Pass/Fail Pass Pass Pass
Firm Experience / Technical Capabilities – 25% 25% 25% 15% Project Team Experience – 25% 25% 20% 25%
Design Approach – 30% 30% 25% 15%
Cost – 20% 18% 15% 20%
TOTAL SCORE 98% 85% 75%

FISCAL IMPACT
Sufficient funds have been adopted in the FY 2022 Five Year CIP. The total estimated cost for this project is as follows:

Item Description Amount
Consultant Fee (Integrated Water Master Plan and Water Rate Study) $499,948.00 Requested Contingency - 10% $49,994.80
Total Estimated Project Cost $549,942.80

ENVIRONMENTAL DETERMINATION
This activity is not a “project” as defined by Section 21065 of the Public Resources Code or sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines Prepared By Chisom Obegolu, Assistant Public Works Director - Water Concurs With Chair Justin Nakano, Water Commission
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 Not Applicable
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ATTACHMENTS:

A. Presentation – Integrated Water Master Plan and Rate Study B. Contract Agreement for Integrated Water Master Plan and Rate Study – AKM Consulting Engineers
C. Exhibit D2 – Schedule of Performance
D. Technical Proposal
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CONTRACT SERVICES AGREEMENT
By and Between

CITY OF GLENDORA
and
EPD SOLUTIONS, INC.

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AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF GLENDORA AND

EPD SOLUTIONS, INC
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 24th day of May, 2022 by and between the City of Glendora, a California municipal corporation (“City”) and EPD Solutions, Inc., a California Corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

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

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For 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.
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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.
(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 DocuSign Envelope ID: 113B11D5-DA19-4BD8-9372-645A779A899F Item #10. Page 59
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Environmental Consulting Services for North Glendora Water Tank 3 these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Consultant’s Authorized Initials ___________________
Jeremy Krout, President
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, DocuSign Envelope ID: 113B11D5-DA19-4BD8-9372-645A779A899F Item #10. Page 60
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Environmental Consulting Services for North Glendora Water Tank 4 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 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.
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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 $86,020 (Eighty-six Thousand Twenty Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement.

The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor 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 DocuSign Envelope ID: 113B11D5-DA19-4BD8-9372-645A779A899F Item #10. Page 62
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Environmental Consulting Services for North Glendora Water Tank 6 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

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 one (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 (1) additional one-year term by giving written notice of the same not later than sixty (60) calendar days prior to the expiration of the Term. / / /
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Environmental Consulting Services for North Glendora Water Tank 7 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:

Jeremy Krout, President
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Chisom Obegolu, 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 DocuSign Envelope ID: 113B11D5-DA19-4BD8-9372-645A779A899F Item #10. Page 64
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Environmental Consulting Services for North Glendora Water Tank 8 a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.

City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (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, non-owned 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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Environmental Consulting Services for North Glendora Water Tank 9 (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 non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

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Environmental Consulting Services for North Glendora Water Tank 10 (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 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.

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Environmental Consulting Services for North Glendora Water Tank 11 To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

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 DocuSign Envelope ID: 113B11D5-DA19-4BD8-9372-645A779A899F Item #10. Page 68
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Environmental Consulting Services for North Glendora Water Tank 12 completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to 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.

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Environmental Consulting Services for North Glendora Water Tank 13 (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other 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 DocuSign Envelope ID: 113B11D5-DA19-4BD8-9372-645A779A899F Item #10. Page 70
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Environmental Consulting Services for North Glendora Water Tank 14 to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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.
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Environmental Consulting Services for North Glendora Water Tank 15

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 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 DocuSign Envelope ID: 113B11D5-DA19-4BD8-9372-645A779A899F Item #10. Page 72
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Environmental Consulting Services for North Glendora Water Tank 16 that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS