Cities Index.
Agenda packet

Glendora City Council
June 28, 2022

Document
Agenda packet
Meeting
June 28, 2022
Body
Glendora City Council
Pages
17
Original file
106.9 MB
Text extracted from the city's file for reading and search. Open the original on meetings.ci.glendora.ca.us. That file is the official record.

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: 6/28/2022 / Packet Page #: 1
REVISED JUNE 23, 2022

CLOSED SESSION ITEM ADDED

CITY OF GLENDORA

CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY
AGENDA
TUESDAY, JUNE 28, 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: 6/28/2022 / Packet Page #: 2

CITY OF GLENDORA
City Council, Successor Agency and Housing Authority
AGENDA
TUESDAY, JUNE 28, 2022
COUNCIL CHAMBER, 116 E. FOOTHILL BOULEVARD
6:00 PM CLOSED SESSION
7:00 PM GENERAL BUSINESS SESSION
NOTICE IS 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
The regular meetings of the city council shall be held on the second and fourth Tuesday of each month, closed session business will commence at 6:00 p.m., when scheduled, and general business session will commence at 7:00 p.m. Closed Session discussions authorized by state law and allow the legislative body to consider/hear any matter which it is authorized by state law to hear or consider in closed session.

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION A closed session will be held, pursuant to Government Code §54957 to discuss the process utilized to evaluate the positions of City Manager and City Attorney

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9 (d)(2) or (d)(3) & (e)(1), because there is a significant exposure to litigation in one case.

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

REORDERING OF AND ADDITIONS TO THE AGENDA

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

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

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

3. Public Comment received
Meeting Date: 6/28/2022 / Packet Page #: 3

MEMBER STATEMENTS/REPORTS

CITY MANAGER AND CITY ATTORNEY STATEMENTS

SPECIAL ITEMS

4. COVID-19: Reopening of the Economy Update

5. Local SB 9 update with an overview of public inquiries, staff time spent, Policy Framework implementation, and a request for direction on whether to proceed with an ordinance based upon the policy

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

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

6. A Public Hearing to Consider a Resolution Adopting the Annual Assessment Levy for Landscape Maintenance District No. 1 for Fiscal Year 2022-23 and Approving the Engineer's Report
CITY RECOMMENDATION: Open and conduct a Public Hearing, accept evidence and testimony presented, and in the absence of testimony to the contrary consider the following: 1.

Adopt a City Council Resolution entitled, “A RESOLUTION APPROVING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2022-23 WITH RESPECT TO THE LANDSCAPE MAINTENANCE DISTRICT NO.1;”and, 2. Adopt a City Council Resolution entitled, “A RESOLUTION APPROVING THE ENGINEER’S REPORT FILED WITH RESPECT TO THE FISCAL YEAR 2022-23 LEVY OF THE ASSESSMENT IN

CONNECTION WITH CITY OF GLENDORA LANDSCAPE MAINTENANCE DISTRICT NO 1.”

7. A Public Hearing to Consider a Resolution Relating to the Levy of Fiscal Year 2022-23 Assessment and Approving the Engineer's Report in Connection with the Streetlight Maintenance District No. 1
CITY RECOMMENDATION: Open and conduct a Public Hearing, accept evidence and testimony presented, and in the absence of testimony to the contrary consider the following: 1.

Adopt a City Council Resolution entitled, “A RESOLUTION APPROVING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2022-23 WITH RESPECT TO THE STREETLIGHT MAINTENANCE DISTRICT NO.1;” and, 2. Adopt a City Council Resolution entitled, “A RESOLUTION APPROVING THE ENGINEER’S REPORT FILED WITH RESPECT TO THE FISCAL YEAR 2022-23 LEVY OF THE ASSESSMENT IN

CONNECTION WITH CITY OF GLENDORA STREETLIGHT MAINTENANCE DISTRICT NO 1.”
Meeting Date: 6/28/2022 / Packet Page #: 4

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.

8. Consideration of a Resolution allowing for the continued use of "In-Person Hybrid Approach" for City of Glendora Brown Act Public Meetings June 30, 2022 through July 29, 2022, pursuant to the Ralph M. Brown Act and Assembly Bill No. 361 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.”

9. Designation of Voting Delegates and Alternate for the League of California Cities Annual General Assembly - Friday, September 9, 2022 (Response required by Friday, September 2, 2022)
CITY RECOMMENDATION: 1. Designate Council Member David Fredendall as the City's voting delegate to represent to City of Glendora at the League's Annual Business Meeting during the General Assembly conducted on Friday, September 9, 2022; 2. Designate Mayor Pro Tem Gary Boyer as the alternate in the event Council Member David Fredendall is unable to serve in that capacity; and, 3. Authorize the City Clerk to sign and submit the required "Voting Delegate Form" to the League's Sacramento Office no later than Friday, September 2, 2022.

10. Execute Funding Agreement with Foothill Transit for $40,000 under the Bus Stop Enhancement Program and issue a Purchase Order to Tolar Manufacturing Company, Inc for the Purchase of Two Bus Shelters and Real-Time Arrival Information for a total of $35,318.15.

CITY RECOMMENDATION: 1. Authorize the City Manager to Execute the Funding Agreement between the City of Glendora and Foothill Transit for $40,000 under the Bus Stop Enhancement Program; 2. Approve a Purchase Order for Two (2) Sierra Bus Shelters and RealTime Arrival Information from Tolar Manufacturing Company, Inc. for a total of $35,318.15; and, 3. Authorize the City Manager or his designee, to execute the purchase order with Tolar Manufacturing Company, Inc., including making minor and non-substantive changes.

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

12. Second reading and adoption of an ordinance amending sections 2.40.010 through 2.40.160 to Chapter 2.40 "Purchasing System," of Title 2 "Administration and Personnel," of the Glendora Municipal Code
CITY RECOMMENDATION: 1. Waive full reading, read by title only and adopt on second reading Ordinance 2069 entitled, "AN ORDINANCE AMENDING SECTIONS 2.40.010 THROUGH 2.40.160 TO CHAPTER 2.40 "PURCHASING SYSTEM," OF TITLE 2 "ADMINISTRATION AND PERSONNEL," OF THE GLENDORA MUNICIPAL CODE." Meeting Date: 6/28/2022 / Packet Page #: 5

13. Award a Contract Services Agreement to PlaceWorks, Inc. for Design, Engineering, and Procurement Assistance Services in the amount of $58,216 (Strategic Plan Items 4-ISED and 5- ISED)
CITY RECOMMENDATION: 1. Award a Contract Services Agreement to PlaceWorks, Inc. for Design, Engineering, and Procurement Assistance Services in the amount of $58,216; and,

2. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes.

14. Approve Amendment No. 3 to Agreements for Services Division On-Call Emergency Services with T.E. Roberts, Inc., J. De Sigio Construction, Inc., and Big Ben Engineering extending one year extension to FY 2022/23 in the amount of $125,000 each (Strategic Plan Item 8-IFSS) CITY RECOMMENDATION: 1. Approve Amendments No. 3 with T.E. Roberts, Inc., J. De Sigio Construction, Inc., and Big Ben Engineering extending one year to FY 2022/23 to perform emergency on-call services for the City’s water infrastructure in the amount of $125,000 each; and, 2. Authorize the City Manager or his designee to execute Amendment No. 3 with T.E. Roberts, J. De Sigio Construction, and Big Ben Engineering including minimal and/or non-substantive changes.

15. Award the contract to United Storm Water Inc. for Storm Drain Inlet Insert Installation FY 2021-22, Plan No. 1354 in the amount not to exceed $154,816 (Strategic Plan Item 46-IMCIF) CITY RECOMMENDATION: 1. Adopt a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301(c) of the California Code of Regulations;

2. Award the contract to United Storm Water, Inc for Storm Drain Inlet Insert Installation FY 2021-22, Plan No. 1354 in the amount of $140,741 with a 10% contingency in the amount of $14,075 for a total amount of $154,816; 3. Authorize the Director Public Works to execute any necessary change orders in an amount not to exceed 10% of the original contract amount; and,

4. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes.

16. Award a Contract Services Agreement to Cubicle and Office, Inc. for Purchase and Installation of Cubicles and Partitions at the Water Yard in an Amount not to Exceed $35,137 (Strategic Plan No. 48-IMCIF)
CITY RECOMMENDATION: 1. Award a Contract Services Agreement for Purchase and Installation of cubicles and partitions at the Water Yard from Cubicle and Office, Inc. in an amount not to exceed $35,137; and, 2. Authorize the City Manager or his designee to execute the agreement including minimal and/or non-substantive changes.

17. Consideration of A Resolution Approving Delegation of Authority for executing all CalTRANS documents related with Priority Legislative Budget Projects (PLBP) (Strategic Plan Items 49-IMCIF and 54-IMCIF)
CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled, “A RESOLUTION

APPROVING DELEGATION OF AUTHORITY FOR EXECUTING ALL CALTRANS DOCUMENTS FOR WHICH CITY OF GLENDORA IS ELIGIBLE."
Meeting Date: 6/28/2022 / Packet Page #: 6

18. Approve Amendment No. 3 to the agreement for services with Western Water Works Supply Company for the Purchase of Water Line Parts and Supplies extending the agreement for one year to FY 2022/23 in the amount of $175,000.00. (Strategic Plan Item 13-IFSS) CITY RECOMMENDATION: 1. Approve Amendment No. 3 to the Agreement for Services with Western Water Works Supply Company for Purchase of Water Line Parts and Supplies Extending the Agreement for one (1) year to FY 2022/23 in the amount of $175,000; and, 2.

Authorize the City Manager or his designee to execute Amendment No.3 with Western Water Works Supply Company including minimal and/or non-substantive changes.

MEMBER AGENDA ITEMS

19. Resolution of No Confidence in Los Angeles County District Attorney George Gascón (Requested by Allawos and Boyer)
CITY RECOMMENDATION: 1. Consider adoption of a City Council Resolution entitled “A

RESOLUTION DECLARING ITS LACK OF CONFIDENCE IN LOS ANGELES COUNTY DISTRICT ATTORNEY GEORGE GASCÓN”.

UNFINISHED BUSINESS

NEW BUSINESS

20. Authorize the City Manager to Execute Contract Option #1 for Transit Operations and Maintenance Services to Transportation Concepts, Inc. for $1,807,080 over Fiscal Years 2023 and 2024
CITY RECOMMENDATION: 1. Authorize the City Manager to Execute Contract Option #1 for Transit Operations and Maintenance Services to Transportation Concepts, Inc. for $1,807,080.00 over Fiscal Years 2023 and 2024.

21. Glendora Bus Fleet Electrification - Review Zero Emission Rollout Plan and Approve Related Grants and Purchases (Strategic Plan Item 54 - IMCIF)
CITY RECOMMENDATION: 1. Receive and File the Draft Zero Emission Rollout Plan; 2.

Authorize the City Manager to Execute the Program Agreement with Southern California Edison for the ChargeReady Transport Program; 3. Authorize the City Manager to Execute the agreement with the South Coast Air Quality Management District for the Carl Moyer Grant in the amount of $107,776.00; 4. Approve the purchase of four (4) ChargePoint Express 250 Stations (62.5 kW) and related services for $247,104.42; 5. Approve the purchase of two (2) GreenPower Motor Company EV250s for $920,384.00; 6. Authorize the Administrative Services Director/City Treasurer to make the budget adjustments described in Attachment F; and, 7. Authorize the City Manager or their designee, to execute the purchase order with the vendors in Items 4 and 5, including making minor and non-substantive changes.

22. Award the Agreement for Landscape Maintenance & Weed Abatement to Mariposa Landscapes Inc. in the Amount of $1,031,480 per Year, for 4 Years, in a Total Amount of $4,125,920
CITY RECOMMENDATION: 1. Award a Contract Services Agreement for Landscape Maintenance & Weed Abatement to Mariposa Landscape, Inc. in the amount of $1,031,480 per year, for 4 years, in a total amount of $4,125,920, with options for City Council to approve up to three 1-year extensions; and, 2. Authorize the City Manager or his designee to execute the Agreement with Mariposa Landscape Inc. including minimal and/or non-substantive changes.

Meeting Date: 6/28/2022 / Packet Page #: 7

23. Award A Contract Agreement to ACCO Engineered Systems for Replacement of Chlorine Metering Pumps at San Gabriel Disinfection Plant and City of Glendora - Water Yard in the Amount of $320,205.69. (Strategic Plan Item 46-IMCIF)
CITY RECOMMENDATION: 1. Adopt a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of the California Code of Regulations; 2. Award an agreement with ACCO Engineered Systems for replacement of chlorine metering pumps at San Gabriel Disinfection Plant and City of Glendora – Water Yard in the amount of $320,205.69; 3. Authorize the City Manager or his designee to execute the agreement with ACCO Engineered Systems, including minimal and/or non-substantive changes; and, 4. Authorize the Public Works Director to execute any necessary change orders in an amount of $32,020.57, not to exceed 10% of the original contract amount.

24. Review and Provide Direction on City Council Policy Relating to the Reorganization of City Council Appointed Boards, Commissions and Committees (Strategic Plan Item 26 - EMO) CITY RECOMMENDATION: 1. Provide direction to staff.

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 the three established posting locations 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: June 22, 2022
Revised: June 23, 2022 Kathleen R. Sessman, MMC
City Clerk/Communications Director
Meeting Date: 6/28/2022 / Packet Page #: 8

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: 6/28/2022 / Packet Page #: 9
JUNE 28, 2022 MEETING
of the
City Council, Successor Agency and Housing Authority
Re: Public Comment

INFORMATION RECEIVED
Attached:
1) Index of correspondence received before 12:00 p.m. Tuesday, June 28, 2022
Item #3. Page 1
Meeting Date: 6/28/2022 / Packet Page #: 10
Index of Correspondence Received:

Date Received From Email
6/27/2022 Irma Granger [email protected]
6/27/2022 Cheryl Schmidt [email protected]
6/27/2022 Lacey Levitt [email protected]
6/28/2022 Lois Shade [email protected]
6/28/2022 Thea Eskey [email protected]
6/28/2022 Beauchamp, Danita [email protected]
Item #3. Page 2
Meeting Date: 6/28/2022 / Packet Page #: 11
From: Irma Granger <[email protected]>
Sent: Monday, June 27, 2022 8:59 PM
To: City Clerk Outside E-Mail <[email protected]> Subject: Vote of No Confidence in DA 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.

Please share the information below with the City of Glendora Mayor and City Council Members regarding tomorrow night's vote on the subject topic.

I strongly urge the City of Glendora Mayor and City Council to vote affirmatively on Tuesday night, June 28th on the No-Confidence agenda item regarding Los Angeles County District Attorney George Gascón. It is in the best interest of the citizens of the City of Glendora for the Mayor and City Council to make this important statement for the sake of public safety and in support of victims of violent crime in the City of Glendora. LA County District Attorney George Gascon’s policies are dangerous and demonstrate a lack of regard or care for the victims of crime in Los Angeles County.

Last year I sent several emails to members of this City Council asking for this action to be taken based upon directives that George Gascon created on day one. These directives include but are not limited to:
• The elimination of cash bail
• Ending the use of sentence enhancements and letting violent criminals off easy • Refusing to prosecute juveniles as adults, regardless of the crime or circumstances • Abandoning victims at parole hearings
• Declining to prosecute crimes that affect quality of life • Never seeking the death penalty or life without parole, even in the most egregious cases LA County District Attorney George Gascon believes that the voters have given him the authority to set policies, even if they violate state law. He is wrong. District Attorneys are elected to enforce laws, not change or create them based on their own beliefs. Laws are changed through legislation and challenging the court. In fact, on May 26, 2022 a three justice panel of the California Appeals Court ruled that LA County District Attorney George Gascón cannot order prosecutors to sidestep elements of the state's 3-strikes law that may increase prison terms when filing criminal charges, and cannot order prosecutors to drop or withdraw special circumstance allegations that could lead to sentences of life without the possibility of parole. Had LA County District Attorney George Gascon followed the laws of the State of California, 2 El Monte Police Officers would not have been murdered a couple of weeks ago. The murderer was not jailed per the three strikes law as he should have been.

As I mentioned above, I have previously reached out to Glendora City Council Members via email on this topic. I eventually gave up writing to you because it was clear that the Mayor and City Council did not have the courage to send a message to George Gascon and join the other cities that have Item #3. Page 3
Meeting Date: 6/28/2022 / Packet Page #: 12
taken this action (35 cities so far). I am surprised and disappointed that it has taken so long for you to add this item to your City Council Meeting Agenda, but ultimately I am pleased to see it finally happen.

As a member of the community of Glendora and as someone who has attended the Glendora Citizens Academy, I understand the commitment, resourcefulness and integrity with which the Glendora Police Department carries out its duty to protect and defend the citizens of the City of Glendora. I don’t want to see anyone from the Glendora PD be put in harm’s way because of the actions of the rogue LA County District Attorney George Gascon. I don’t want a citizen of the City of Glendora to be put in harm’s way because of the actions of the rogue LA County District Attorney George Gascon. This man has demonstrated his resolve to ignore the needs of the victims and instead is committed to serving the needs of the criminal elements in the neighborhoods of Los Angeles County, of which Glendora is one.

The Mayor and City Council can demonstrate their care for the City of Glendora and its business owners and citizens by voting on the resolution of a No Confidence Vote in LA County DA George Gascon.

Respectfully submitted,
Irma Granger
Item #3. Page 4
Meeting Date: 6/28/2022 / Packet Page #: 13
From: Cheryl Schmidt <[email protected]>
Sent: Monday, June 27, 2022 9:41 PM
To: City Clerk Outside E-Mail <[email protected]> Subject: Please Vote Yes on No Confidence in Gascón
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 Honorable Councilmembers of Glendora,
I urge you to vote yes on a no confidence vote of Los Angeles County’s District Attorney George Gascón. I am a mother of 3 school aged children and I take care of my elderly mother. My family nor I have been victims of a horrible crime, but we fear that if we are victims the criminal(s) will get little to no consequences under Gascon’s failed leadership and policies.

Nearly 98% of his own deputy district attorneys voted no confidence in him! I have met several of them and they say it is a nightmare to work under his insane directives. Some even chose to take an early retirement.

I think of the mother walking her infant with stroller and that deranged lunatic who deliberately ran them over and kept driving. He only got 5 months in a “camp.” I also think of the man who molested a 10 year old little girl in a Denny’s restroom. Because he identified as a woman he got put in a girls only juvenile detention center even though he’s a biological male and in his upper 20’s! It later was discovered out in Kern County that he was guilty of first degree murder so thankfully that is a different DA who can prosecute him.

Please stand up for victims and send a message that this insanity must stop. Criminals need to be held accountable for their crimes or else crime will continue to increase.

Thank you.

Sincerely,
Cheryl Schmidt
Item #3. Page 5
Meeting Date: 6/28/2022 / Packet Page #: 14
-----Original Message-----
From: Lacey Levitt <[email protected]>
Sent: Monday, June 27, 2022 9:10 PM
To: City Clerk Outside E-Mail <[email protected]> Subject: Please issue a no-confidence vote in George Gascón 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.

Please issue a no-confidence vote against district attorney George Gascón. He has endangered our state for long enough with his reckless, dangerous policies that are not grounded in research, contrary to his claims.

Sincerely,
Lacey Levitt, Ph.D.

Item #3. Page 6
Meeting Date: 6/28/2022 / Packet Page #: 15
From: Lois Shade <[email protected]>
Sent: Tuesday, June 28, 2022 7:44 AM
To: City Clerk Outside E-Mail <[email protected]> Subject: Shade Comments on No Confidence in George Gascon Resolution 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.

COMMENTS IN EMAIL:

Mayor and Council Members:

For the record, attached is Shade's Communication regarding the No Confidence in George Gascon Resolution on the agenda for tonight's meeting.

Also attached are two articles I"ve done for the Examiner documenting why I am in favor of that Resolution being passed tonight. In fact, I believe this should have been done a long time ago.

The third attachment is from the NY Post that serves as backup for some of the information circulated through the San Gabriel Valley Examiner when the Goerge Soros assault on the Criminal Justice System started in 2011 with AB 109 releasing thousands of criminals from prison into our neighborhoods.

I have heard you will have plenty of people at the meeting tonight who will be supporting that Resolution along with the Recall Gascon Campaign of which I am one. These attachments will serve as my comments for the meeting tonight.

--
Lois M. Shade
[email protected]
Failed Leadership, Justice System Leaves Two More Dead
SHADE’S PERSPECTIVE
By Lois M. Shade, former Mayor, Glendora
June 23-29, 2022
Sadly, we’ve lost two more police officers, this time from El Monte. Headlines now blame L.A.D.A. George Gascon and his policies for their deaths because he failed to enforce threestrikes and gang and gun enhancements. Gascon’s policies are in lockstep with George Soros and Open Society Foundation policies which is why George Soros dropped $2.5 million into Gascon’s campaign against former D.A. Jackie Lacey.

Item #3. Page 7
Meeting Date: 6/28/2022 / Packet Page #: 16
Soros’s multi-billion-dollar funding efforts, are the biggest part of the deterioration of our criminal justice system along with those who bow to his policies and his money.

The killer of the El Monte Police Officers was Justin Flores, 35, known gang member with a history of criminal activities and probation violations. LA. Times reported: Flores had been arrested and served two prison terms for burglary and car theft and been prohibited from carrying a gun since 2011. Arrested in 2020 and charged with possessing methamphetamine, a gun and ammunition, Flores plead guilty to possessing a gun as a felon and other charges were dropped in 2021. That episode gave him his second strike. The latest episode that should have landed him in jail was the assault committed on his girlfriend, a probation violation, and instead of being taken into custody, a hearing on his violations was set for June 27th.

Anger is pouring over and demands to stop the violence has brought out the far-left liberals, including Gov. Newsom, suggesting if guns were taken away or more restrictions added to a long list of gun controls, the violence and killing would end. Looking at what has happened the last 10 years in California to the criminal justice system, I’m not sure if it has been a giant political scam or a defined attempt to undermine law and order in this country.

For us in L.A. County, Step 1 – Recall L.A. District Attorney George Gascon, the co-author of Prop. 47.

In 2011, U.S. Supreme Court demanded California reduce prison population from 180% to 137.5% of design capacity. Then Gov. Brown said no more prisons and AB 109 was written to shift responsibility for housing and supervision from state prison to local county jails.

Those released were to be non-serious, non-violent and non-sexual offenders with prior felony offenses and any enhancements (gang activity, use of gun) not considered. County jails already full, resulted in early release of 45,000 criminals flooding back onto our streets.

League of California Cities and local police departments determined some of those early releases had been convicted of attempted murder, domestic violence, rape, burglary, elder abuse, terrorist threats, lewd & lascivious acts with a minor, battery with serious bodily injury and violations of parole got them flash incarceration – 10 days back in jail.

AB 109 worked out so well for Brown and his Democrat supporters, they came back with Gascon’s Prop. 47, supported by Gavin Newsom, and gave it a “love-it” title - Safe Neighborhoods and Schools Act. 60% of voters in 2014 believed that’s what they were getting when actually it reclassified some serious felonies as misdemeanors. Drug possession of methamphetamine, cocaine, heroin and other opiates, repeated shoplifting, forging checks, gun theft, and possession of date-rape drugs, all of which were felonies before Prop 47 was approved, are now classified in as misdemeanors.

Assemblyman Kevin Kiley tried to repeal Prop 47, but could not get AB 1599 out of committee onto the floor for a vote. Seemed important to some, or many, not to have their vote on this issue recorded.

In 2016, Prop 57, Public Safety and Rehabilitation Act, was approved by 65% of the voters.

The non-partisan Legislative Analyst Office wrote Prop 57 allows for the early release of up to 30,000 criminals convicted of “non-violent” felonies. Among the crimes classified as “nonviolent” include: rape by intoxication, rape of an unconscious person, human trafficking with minors, drive-by-shooting, assault with a deadly weapon, hate crime causing physical injury, and Item #3. Page 8
Meeting Date: 6/28/2022 / Packet Page #: 17
corporal injury to a child.

Department of Corrections has the unlimited authority to grant credits to all criminals regardless of their crime, which would facilitate any criminal’s early release from State prison. • Criminals who commit multiple crimes against multiple victims will be eligible for release at the same time as offenders who only committed a single crime against a single victim. • Repeat criminals will be eligible for release after the same period of incarceration as first-time offenders.

Erika D. Smith, Sacramento Bee, 5/18/18 reported, “During the last election cycle (2016) Soros dumped more than $3 million on district attorney candidates in six states. Back in 2014, his Open Society Foundation gave the American Civil Liberties Union a $50 million grant to elect progressive prosecutors in big cities with large jail populations.” May 13, 2022, Sacramento Bee reported: “California could close three more state prisons, Gavin Newsom’s budget says.”
L.A. County Voters – Step 1 – Recall George Gascon, co-author Prop 47 and recipient of Soros PAC money.

DATE:June 27, 2022
TO: Mayor Karen Davis, Mayor Pro Tem Gary Boyer, Council Members Michael Allawos, David Fredendall, and Mendell Thompson
CC: City Manager Adam Raymond
RE: Resolution of No Confidence in Los Angeles County District Attorney George Gascón (Requested by Allawos and Boyer)
I am concerned this No Confidence in George Gascon Resolution has taken this long to come forward from my City Council. Some of our Glendora Council Members have been supportive of the efforts to recall Gascon, but some not so pro-active in this effort. I find it hard to believe any one of you would be reticent to begin to restore a semblance of a criminal justice system to Los Angeles County when so many have been so hurt and damaged by what Gascon has done – or not done.

George Gascon is listed as the co-author of Prop. 47 documenting more of the efforts to eliminate our prison system and any penalties for law breakers under the guise of “reform.” After that proposition was passed by the voters, unaware of the true impact this insidious law would have, Gascon followed through on the “game plan” to do more damage to our system of law and order by implementing his nine directives.
• Special Directive 20-06: Pretrial Release Policy
• Special Directive 20-07: Misdemeanor Case Management
• Special Directive 20-08: Sentencing Enhancements/Allegations • Special Directive 20-09: Youth Justice
Item #3. Page 9
Meeting Date: 6/28/2022 / Packet Page #: 18
• Special Directive 20-10: Habeas Corpus Litigation Unit • Special Directive 20-11: Death Penalty Policy
• Special Directive 20-12: Victim Services
• Special Directive 20-13: Conviction Integrity Unit
• Special Directive 20-14: Resentencing
Prop 47 and getting George Gascon elected over Jackie Lacey using $2.5 million of George Soros’s Open Society Foundation money and his well-hidden PAC money was in reality just one piece of the outrageous plan to destroy the criminal justice system, not just in California, but across the entire Country.

Attached are two articles I did for the San Gabriel Valley Examiner and an article from the New York Post, December 2021, that provides you with my concerns and reasons why this No Confidence Resolution needs to pass tonight. These articles should provide more insight and reasons for this Council to become far more aggressive in its efforts to cure what I call the George Soros Syndrome.

We have a 91-year-old immigrant with billions of dollars, sitting protected behind a tall wall in New York who wants to tear California and this country down starting with our Criminal Justice System using any group or politician who will bow down and take his money to support the Soros Agenda. George Gascon is one of those politicians and we the public are victims of these ludicrous policies.

Please support and vote for the No Confidence in George Gascon Resolution and support the Recall Gascon election.

Item #3. Page 10
Meeting Date: 6/28/2022 / Packet Page #: 19
Item #3. Page 11
Meeting Date: 6/28/2022 / Packet Page #: 20
https://nypost.com/2021/12/16/how-george-soros-funded-progressive-das-behind-uscrime-surge/ How George Soros funded progressive
‘legal arsonist’ DAs behind US crime
surge
By
Isabel Vincent
December 16, 2021 4:03pm
Updated
Billionaire
George Soros (center) funnels cash through a complicated web of federal and state political action committees as well as non-profits to support soft-on-crime DAs across the country.NY Post photo composite
MORE ON:GEORGE SOROS
• Boudin’s recall shows voters are fed up with the chaos fueled by softon-crime DAs — like those backed by Soros • How George Soros’ billions are remaking America’s justice system • Soros-backed Spanish radio stations out to ‘disinform’ Miami residents: DeSantis
• George Soros says ‘civilization may not survive’ Russia-Ukraine war Item #3. Page 12
Meeting Date: 6/28/2022 / Packet Page #: 21
For the last several years, billionaire philanthropist George Soros has been quietly financing a revolution in criminal justice reform, doling out tens of millions of dollars to progressive candidates in district attorney races throughout the country amid movements to abolish bail and defund the police.

Working with an activist attorney, Soros, 91, mainly funnels cash through a complicated web of federal and state political action committees as well as non-profits from coast to coast, public records show.

Last year, the Foundation to Promote Open Society, a nonprofit in Soros’ orbit, gave $3 million to the Community Resource Hub for Safety and Accountability, according to a recent report. The group provides resources to “local advocates and organizations working to address the harm of policing in the US.”
Hungarian-born philanthropist Soros and his Open Society group of non-profits have mainly doled out cash to political action campaigns controlled by attorney and criminal justice reform activist Whitney Tymas, 60. She is the treasurer of the Justice and Safety PAC as well as 20 other similarly named groups at both the state and federal levels, according to public filings.

The goal of the myriad PACs is focused on electing progressives to end tough policing and mass incarceration, according to Tymas. “If we are to reach a place of true progress, it will take the sustained efforts of local elected prosecutors across the country to rectify and reimagine their role in the criminal legal system — not just as gatekeepers, but as active catalysts for change,” wrote Tymas in an opinion article last year.

Chicago’s Kim Foxx was Soros’ first
success, contributing $300,000 to her first campaign in 2016, and another $2 million for her successful re-election run last month.AP
Her efforts coupled with Soros’ largesse have played an outsize role in some of the most controversial district attorney campaigns in the US, including George Gascon in Los Angeles as well as Larry Krasner in Philadelphia and Kim Foxx in Chicago, among others. Soros also donated $1 million to Alvin Bragg’s successful DA campaign in Item #3. Page 13
Meeting Date: 6/28/2022 / Packet Page #: 22
Manhattan, funneling the cash through the Color of Change political action committee, according to public filings.
“George Soros has quietly orchestrated the dark money political equivalent of ‘shock and awe,’ on local attorney races through the country, shattering records, flipping races and essentially making a mockery of our entire campaign finance system,” said Tom Anderson, director of the Government Integrity Project at the National Legal and Policy Center in Virginia. (Calls to Soros’ camp went unreturned on Thursday.) Between 2015 and 2019, Soros and his affiliated political action committees spent more than $17 million on local DA races in support of left-wing candidates, according to the Capital Research Center, a non-profit that tracks lobbying and charitable giving. That number is expected to top $20 million in the last two years, according to estimates from the NLPC.

San Francisco District Attorney Chesa
Boudin, whose parents were members of the Weather Underground domestic terrorist group, wants to end mass incarceration and cash bail, earning Soros’ campaign dollars.AP
“I don’t think we’ve ever seen anything like this where federal election level money and resources are brought to bear and coordinated to effectively flip local level races where campaign finance restrictions make it almost impossible to counter,” said Anderson, adding that conservative opponents are hamstrung by local campaign finance laws that Soros doesn’t have to abide by because he is using independent expenditures and not directly coordinating with the campaigns.

Critics say the policies of Soros-funded DAs, which have included abolishing bail and, in the case of Chicago, placing hundreds of violent criminals on electronic tracking systems, have led to a spike in crime throughout the country. According to the FBI’s annual Uniform Crime Report released in September, the country saw a 30 percent increase in homicides in 2020 — the largest single-year spike since they began recording crime statistics 60 years ago. The report also saw a 24 percent decrease in arrests across the country.

Item #3. Page 14
Meeting Date: 6/28/2022 / Packet Page #: 23
This year, Philadelphia, a city of 1.5 million, had more homicides than New York and Los Angeles, the country’s two largest cities. The city recorded 521 homicides — the highest since 1990 — compared to 443 in New York and 352 in Los Angeles. Chicago, the country’s third largest city, registered the highest number of homicides at 739, up three percent from the previous year.

Los Angeles County District
Attorney George Gascon, also backed by Soros, has presided over a crime spike since he was inaugurated in December 2020.AFP via Getty Images “Everywhere Soros-backed prosecutors go, crime follows,” said Arkansas Republican Senator Tom Cotton in a statement to The Post. “These legal arsonists have abandoned their duty to public safety by pursuing leniency even for the most heinous crime, and they often flat-out refuse to charge criminals for shoplifting, vagrancy and entire categories of misdemeanors.”
In Los Angeles, where critics say that criminal justice reforms have recently led to a wave of looting and violent crimes, Soros funneled more than $2.5 million into a California political action committee to support Gascon, who left the San Francisco District Attorney’s office to run against incumbent Jackie Lacey in 2020. The Cuban-born Gascon, who moved with his family to the US in 1967, said in his December 2020 inauguration speech that the rush to “incarcerate generations of kids of color” had torn the “social fabric of our communities. The status quo hasn’t made us safe.” Boudin, whose parents were members of the Weather Underground domestic terrorist group, echoed similar sentiments during his campaign in San Francisco. A former public defender and translator for former Venezuelan president Hugo Chavez, Boudin has promised to end mass incarceration and cash bail. Former San Francisco homicide prosecutors Brooke Jenkins and Don Du Bain recently quit their jobs, two of 59 attorneys to resign since Boudin took office in January 2020.

Item #3. Page 15
Meeting Date: 6/28/2022 / Packet Page #: 24
Philadelphia District Attorney
Larry Krasner has seen crime in his city skyrocket with more homicides than New York and Los Angeles, the country’s two largest cities. Getty Images Earlier this week, San Francisco mayor London Breed announced an emergency crackdown on crime after a spike in gun violence and lethal fentanyl overdoses in the city’s Tenderloin neighborhood. “It’s time the reign of criminals who are destroying our city, it is time for it to come to an end,” she said. “And it comes to an end when we take the steps to be more aggressive with law enforcement. More aggressive with the changes in our policies and less tolerant of all the b–ls–t that has destroyed our city.” The problem begins with lax law enforcement at the DA level, according to critics. “The only good Soros prosecutor is a defeated Soros prosecutor,” Cotton told The Post.

But that’s becoming increasingly rare as Soros and other progressive groups step up their funding.

Manhattan District Attorney-elect Alvin Bragg
received $1 million from Soros in his election bid. AP
Chicago’s Kim Foxx was Soros’ first success. He contributed $300,000 to her first campaign in 2016, and a further $2 million for her successful re-election run last year. The Item #3. Page 16
Meeting Date: 6/28/2022 / Packet Page #: 25
Cook County State’s Attorney came under fire when her office dismissed all the charges in the original 16-count indictment against “Empire” actor Jussie Smollett in 2019, three weeks after a grand jury had issued it. Last week, Smollett was convicted of staging a false hate crime.

And Soros’ funding doesn’t end with electing progressive prosecutors. In October, Soros’ Open Society Policy Center donated $500,000 to Equity PAC, a Texas-based group that funds progressive causes and was working to oppose a ballot proposition that would have seen the capital city of Austin hire hundreds of new police officers amid a spike in violent crime. Although the city has seen a 10 percent rise in aggravated assaults over 2020, Proposition A was overwhelmingly defeated last month — apparently thanks to Soros’ cash injection, which funded ad campaigns throughout Austin.

Soros’ donation came a year after his non-profit funneled $652,000 to the Texas Justice and Public Safety PAC group that backed the election of Jose Garza, who assumed office as Travis County DA, based in Austin.

Item #3. Page 17
Meeting Date: 6/28/2022 / Packet Page #: 26
From: Thea Eskey <[email protected]>
Sent: Tuesday, June 28, 2022 9:28 AM
To: City Clerk Outside E-Mail <[email protected]> Subject: Thea Eskey Public Comment for the Vote of No Confidence in DA 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 Sir or Madam:

Please find attached my comment for the Vote of No Confidence in DA Gascon.

Sincerely,
Thea Eskey
City Council Speech
Mayor, city council members, thank you for having me. My name is Thea Eskey and I am an investigative reporter currently working on a series of articles about child abuse in Los Angeles. As a journalist, I have an ethical obligation to pursue the truth. It is that duty that compels me to make a statement here tonight.

I don’t live here in Glendora, I live in Hollywood, which is 35 miles away, but I firmly believe that what affects one of us affects all of us. Indeed, the vote of no confidence that you have before you really asks a simple question of all of us: what kind of county do we want to live in?
As I mentioned, I have an ethical responsibility to report the truth. The fact is that Los Angeles is in the midst of a child abuse crisis. An audit of the Los Angeles County DCFS showed that from 2013 to 2018, 257 children died from abuse, 69 of whom had type of DCFS supervision in their homes. Also, as a state we spend 12.5 billion annually to combat child abuse.

While it may seem like a tangent to bring this up, it is vitally important to understand because while CPS and the social safety net continues to fail vulnerable and abused children it falls more and more on the criminal justice system to pick up the slack. Now, it seems that not even that system can withstand the attacks made by groups of individuals who seek to undermine public safety, justice and accountability for their own ends.

Quite simply council members, George Gascon represents an existential threat to public safety in our county and I use those words intentionally. The speakers who came before me have eloquently shown their proof of that. I want to add to that chorus.

Linking social capital, or how citizens relate to and trust the ones who govern them, is being eroded daily by the unethical and pro-criminal agenda undertaken by this District Attorney and his administration. His actions during his brief tenure demonstrate a clear abrogation of victims rights in favor of those of the criminal defendant. In researching and listening to victims of crime in Los Angeles, I cannot begin to tell you how many of them feel left behind, alienated from a system that they once found refuge in after facing grave injustice. The way they are feeling should worry all of us. If victims of crime, survivors of crime and their families do not feel that they can trust the criminal justice system to fight to make them whole, I fear for the path that leads our county down.

For that reason alone, although you will read and hear many other equally compelling ones tonight, I strongly urge this council to vote no confidence in George Gascon. Thank you.

Item #3. Page 18
Meeting Date: 6/28/2022 / Packet Page #: 27
From: Danita Beauchamp <[email protected]>
Sent: Tuesday, June 28, 2022 10:39 AM
To: Michael Allawos <[email protected]>; David Fredendall <[email protected]>; Gary Boyer <[email protected]>; Karen Davis <[email protected]>; Mendell Thompson
<[email protected]>; Adam Raymond
<[email protected]>; City Clerk Outside E-Mail <[email protected]>
Subject: Vote of No Confidence in LA County 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 (Current and New Members),
I am requesting this city council, as well as the new council members scheduled to be installed this month, please vote NO confidence in Los Angeles District Attorney George Gascon. The failure to do so is a vote in support of his radical decriminalization which has brought exponential property damage to residents and businesses and harm to the residents of this great city. The leaders of our city need to show the residents they are not in favor of such actions and stand with them.

My grandmother has been a resident of Glendora for over 40 years, since 1978. She is an active senior and involved with the Glendora Women's Club (has served as a past board member), an attendee of La Fetra senior programs including the lunch program, she is also an ordained minister and a member of Lorraine Baptist Church in Glendora. I am writing this letter on her behalf, requesting you do what is necessary to help keep her and all other Glendora residents safe.

Sadly, I am unable to attend tonight's city council meeting in person but I truly hope the council will do what is right and vote no confidence in Los Angeles County District Attorney George Gascon.

Respectfully,
Danita Beauchamp
La Verne Resident
on behalf of Mrs. Alisia Proctor
1635 Banna Avenue
Item #3. Page 19
Meeting Date: 6/28/2022 / Packet Page #: 28
JUNE 28, 2022 MEETING
of the
City Council, Successor Agency and Housing Authority
Re: Public Comment

INFORMATION RECEIVED
Attached:
1) Index of correspondence received after 5:00 p.m. Tuesday, June 28, 2022
Item #3. Page 20
Meeting Date: 6/28/2022 / Packet Page #: 29
Index of Correspondence Received:

Date Received From Email
6/28/2022 Sigfredo Villegas [email protected]
6/28/2022 Kathy Giordano [email protected]
Item #3. Page 21
Meeting Date: 6/28/2022 / Packet Page #: 30
From: Sigfredo Villegas <[email protected]>
Sent: Tuesday, June 28, 2022 5:01 PM
To: City Clerk Outside E-Mail <[email protected]> Subject: No Cofidence in DA 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.

Since Gascon has taken office, I have seen a noticeable increase in lawlessness in LA County but also in the city of Glendora. Most notably the recent attempted murder shooting inside the Vons market. But additionally, there have been thefts in Glendora that go unreported because victims are often told there is nothing that can be done by police because the DA will not prosecute. Although I disagree with that approach, I understand the frustration the police must feel where they arrest someone for catalytic converter theft and identity theft only to be released on zero bail. To be clear, it is not the job of the police to decide what will be prosecuted or not. They should enforce the law regardless. But I do understand that it is a waste of resources to arrest, process and document a crime that will be rejected by the DA because of his so called progressive agenda. DA Goerge Gascon has weakened law enforcement as a whole and in the process made us all unsafe and at the mercy of the criminals. A vote of no confidence is not only necessary it is an absolute necessity to send a clear message to this DA that he has failed to protect the people of Glendora and Los Angeles County.

This is the council's SECOND opportunity to vote no confidence on DA Gascon. I assure you, that we are paying attention this time around.

Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android
Item #3. Page 22
Meeting Date: 6/28/2022 / Packet Page #: 31
From: KATHY GIORDANO <[email protected]>
Sent: Tuesday, June 28, 2022 7:47 PM
To: City Clerk Outside E-Mail <[email protected]> Subject: Fwd: 6-28-2023 public comment for the “vote of no confidence” 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.

Sent from my iPhone
Begin forwarded message:

From: KATHY GIORDANO <[email protected]>
Date: June 28, 2022 at 5:56:08 PM PDT
To: [email protected]
Subject: 6-28-2023 public comment for the “vote of no confidence” Good Evening City Council members.

As a Glendora resident for over 48 years, I am here AGAIN asking ALL of you to stand up and show your support to our resident’s by unanimously passing the “Vote of No Confidence with DA George Gascon.”
I want to remind you, that a vote of no confidence isn’t being political.

You are giving this person, an evaluation of his job performance, just like the voters do when a council member isn’t reelected.

George Gascon isn’t performing the job he was elected to do, and people are dying because of it, just ask El Monte PD.

DA Gascon has consistently displayed a total disregard for the rights of crime victims and their families.

He is repeatedly rewarding the actions of criminals, by not enforcing the legal enhancements and prosecuting these criminals to the full extent of the law.

Just look at LA county’s current felony crime rates. Since, he has taken office, every crime has overwhelming increased in LA county, and they continue to do so.

According to “Special directive 20-09, if Louie Pompei’s murder would have occurred today, the two that were convicted of his senseless brutal murder, would spend less time in prison, then Louie did protecting us and our city.

The laws which DA Gascon are ignoring were democratically passed by the registered voters in California and need to be enforced as such.

He doesn’t have the right to change these laws, just ask the California’s Court of Appeal.

I would also like to know just how much of our tax dollars was spent trying to prove it wasn’t necessary to do what was asked last year by the residents of the city council by Item #3. Page 23
Meeting Date: 6/28/2022 / Packet Page #: 32
issuing a vote of no confidence against Gascon?
You accepted this agreement, which included a few of the DA’s personal appointed representatives. The agreement of them working with the City and GPD to review and possibly refile the numerous criminal cases that were originally rejected. These cases weren’t rejected because of lack of evidence, they were rejected because of Gascon’s policies. So, the agreement didn’t work like it should have, did it? It was a waste of our money, time and it continued to put our safety at risk.

Just to remind you, most of his personal appointed representatives have never spent a day on the prosecuting side of the courtroom, so they will say anything and do everything to get that “Not-guilty” verdict for their side.

So please, now do what you all were elected to do, put the safety of Glendora 1st, and vote unanimously for “No confidence with George Gascon” Thank-you, Kathy Giordano
Sent from my iPhone
Item #3. Page 24
Meeting Date: 6/28/2022 / Packet Page #: 33
SB 9 Update
Community Development Department
City Council
June 28, 2022
Hans Friedel AICP, Senior Planner CityOfGlendora.org
Item #5. Page 1
Meeting Date: 6/28/2022 / Packet Page #: 34
2 Background
§ Senate Bill 9 (SB 9) went into effect January 2022, and enables by-right urban lot splits and additional dwelling units in eligible single-family zoning districts § Staff worked with Planning Commission and the City Attorney’s Office in late 2021 to develop a Policy Framework that was compliant with State law to process applications
§ Idea was to use the framework as a basis for a future ordinance update Item #5. Page 2
Meeting Date: 6/28/2022 / Packet Page #: 35
3 Policy Intent
§ Glendora’s SB 9 Policy Framework takes a pragmatic approach by allowing one fullsize Primary Residence on a lot and one Secondary Residence subject to essentially the same standards as an ADU
§ The framework works with the State law rather than against it while incorporating objective standards to protect neighborhood character
§ The Policy Framework is available on the City’s website under Planning Applications and Documents
Item #5. Page 3
Meeting Date: 6/28/2022 / Packet Page #: 36
4 Update
§ Planning Commission requested quarterly updates on local SB 9 activity § We need to track SB 9 applications for annual State reporting § Between January 1st and June 1st, there were around 50 SB 9 contacts made via email, calls, and in-person (counter) for around 25 hours of total staff time § We have received no SB 9 applications to date
Item #5. Page 4
Meeting Date: 6/28/2022 / Packet Page #: 37
5 Update Continued
§ Staff continues to make minor revisions to the policy for clarity, for consistency with ADU administration, and to improve the graphics based on feedback § The general feedback received about the SB 9 Policy Framework is positive, and some other cities have taken notice of it
§ We have no issues to report with the SB 9 Policy Framework Item #5. Page 5
Meeting Date: 6/28/2022 / Packet Page #: 38
6 Planning Commission June 2022
§ Staff provided a quarterly Update to Planning Commission at the June 7th Meeting
§ Should we proceed with an ordinance amending the Glendora Municipal Code to comply with State law or continue with the SB 9 Policy Framework? Item #5. Page 6
Meeting Date: 6/28/2022 / Packet Page #: 39

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JUNE 28, 2022
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: A PUBLIC HEARING TO CONSIDER A RESOLUTION ADOPTING THE ANNUAL ASSESSMENT LEVY FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2022-23 AND APPROVING THE ENGINEER'S REPORT

RECOMMENDATION
That the City Council:

Open and conduct a Public Hearing, accept evidence and testimony presented, and in the absence of testimony to the contrary consider the following:

1. Adopt a City Council Resolution entitled, “A RESOLUTION APPROVING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2022-23 WITH RESPECT TO THE LANDSCAPE MAINTENANCE DISTRICT NO.1;” and,

2. Adopt a City Council Resolution entitled, “A RESOLUTION APPROVING THE ENGINEER’S REPORT FILED WITH RESPECT TO THE FISCAL YEAR 2022-23 LEVY OF THE ASSESSMENT IN CONNECTION WITH CITY OF GLENDORA LANDSCAPE MAINTENANCE DISTRICT NO 1.”

EXECUTIVE SUMMARY
Each fiscal year, the City annually levies and collects special assessments for the City’s Landscape Maintenance District No. 1 (the “District”) to fund the provision of landscaping services such as ground maintenance, tree service, irrigation repairs, plant/shrub maintenance and replacement, as well as litter removal. Currently the District consists of seven (7) zones.

The CPI ratio from March 2021 to March 2022 was equivalent to 8.50%, but since the District’s inflator is limited to 5%, this will be used as the assessment rate inflator for the six (6) zones with a CPI inflator. The assessment rate for the zone with no CPI inflator will remain the same. The assessment rate for Zone 5 may not be adjusted by the CPI.

As a last step before submitting the assessments to Los Angeles County, staff now recommends that City Council open and conduct a public hearing, accept evidence and testimony presented, and in the absence of testimony to the contrary, adopt the resolutions 1) approving the annual assessment levy, and 2) approving the final engineer’s report.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Landscaping and Lighting Act of 1972 permits cities to establish assessment districts for the purpose of installing and/or constructing new public improvements or servicing and maintaining certain existing public improvements within the proposed district. The City of Glendora established its first Landscape and Streetlight Maintenance District in 1976.

Proposition 218, approved by voters on November 5, 1996, added Article XIIID to the California Constitution, and established procedural requirements for the formation and administration of assessment districts. It also requires the City to ballot property owners to obtain consent for assessment increases exceeding the anticipated maximum permissible increase per assessment formula, for example CPI increases.

Item #6. Page 1
Meeting Date: 6/28/2022 / Packet Page #: 40
Staff Report Page 2 of 4
City Council adopted Resolution 03-20 on February 25, 2003, which allows for six (6) of the seven (7) remaining zones to be adjusted annually as high as the ratio between the March to March CPI for the Los Angeles-Long Beach-Anaheim Area for All Urban Consumers, but not to exceed 5%. Such increase, provided it is not greater than the authorized 5% is not considered a rate increase and the City Council can levy the annual assessment without conducting a Proposition 218 protest hearing. The assessment rate for Zone 5 may not be adjusted by the CPI.

At the meeting of June 14, 2022, the City Council, in accordance with Section 22624 of California Streets and Highways Code, adopted three Resolutions:
 Resolution CC 2022- 33 approved initiating the proceedings for the annual assessment.  Resolution CC 2022-34 gave notice of intention to set a time and place for a Public Hearing regarding the levy of assessments for Fiscal Year 2022-2023 for the District.  Resolution CC 2022- 35 approved the Preliminary Engineer’s Annual Levy Report for Fiscal Year 2022-2023.

DISCUSSION
CPI for March 2022 is 306.679 compared to 282.648 for March 2021 which equates to a rate increase of approximately 8.50% per Equivalent Benefit Unit (EBU). Since the inflator for the six (6) districts that can be increased annually by CPI is not to exceed 5%, the maximum assessment rates for those districts will be increased by this lower amount for FY 2022-2023, rather than the actual CPI. The assessment rate for Zone 5 may not be adjusted by the CPI and will remain the same as the previous year.

The table below shows the levies per equivalent benefit unit (EBU) for FY2022-2023 compared to the previous year’s levy. All EBU’s within this District are levied at the same rate.

Zone No. & Name/Location FY2021-2022
Levy / Parcel
FY2022-2023
Levy / Parcel Difference
1 – TR. 29765 /
Highland Dr. & Oak Knoll Dr. $461.40 $484.47 $23.07
4 – TR. 33489 /
Glendora Mountain Rd. & E. Palm Dr. $329.77 $346.26 $16.48 5 – TR. 34114 /
E. Hampton St. & E. Gladstone St./S. Sunflower
Ave.
$75.00 $75.00 $0
7 – TR. 37637 /
N. Loraine Ave. & E. Palm Dr. $35.84 $37.63 $1.79
8 – TR. 43011 /
Glendora Mountain Rd. & Boulder Springs Dr. $195.79 $205.58 $9.68 12 – TR. 44069 /
Glendora Bougainvillea’s & 437 E. Bennett Ave. $128.88 $135.32 $6.44 16 – Hidden Springs Ln. $51.15 $53.70 $2.55
Tonight’s Public Hearing, and adoption of the resolutions 1) approving the annual assessment levy, and 2) approving the final engineer’s report, are the last steps before submitting the assessments to Los Angeles County before the deadline the beginning of August, providing a final opportunity to receive public testimony regarding the proposed assessments.

The City Council will accept all public comments and written protest regarding the District and the annual levy and assessments. Based on those public comments and written protest, the City Council may order amendments to the report, or confirm the report as submitted. The assessments as approved will be submitted to the Los Angeles County Auditor/Controller to be included on the property tax roll for each Item #6. Page 2
Meeting Date: 6/28/2022 / Packet Page #: 41
Staff Report Page 3 of 4
parcel.

FISCAL IMPACT
The Engineer’s Report provides costs of services that maintains the current levels of service for each zone.

The assessments levied on property tax bills are collected by the Los Angeles County Auditor Controller’s Office and then remitted to the City. The funds, once received by the City, are deposited in the Landscape Assessment Fund (202B) and are restricted for paying the annual cost of the landscape district operations and maintenance. Funds not used in any given year are reserved for potential future annual shortages between the levy and its respective costs.

Where costs to maintain exceed collected levies, they must either be offset by fund reserves, outside fund transfers, or have services reduced. Zone 1 has routinely received 531 Water Fund monies as this site is located at the end of a reservoir, while Zone 5 has received 101 General Fund monies since this site is also an entrance to the Glendora Urban Trails System.

During most years, CPI increases for the six (6) eligible zones have been less than the maximum allowable annual increase of 5%. During the past year however, the CPI ratio from March 2021 to March 2022 was equivalent to 8.50%, meaning that costs generally increased more than the levy rate can be increased without a Proposition 218 ballot proceeding. Additionally, it is estimated that some costs will increase with the transition to a new landscape maintenance contract starting at the beginning of FY 2022/23.

In the event that costs consistently exceed the annual levy for any particular zone to where levy reserve funds are exhausted, the City may need to review its funding strategies and/or zone maintenance standards.

ENVIRONMENTAL DETERMINATION
Not Applicable.

Zone No. & Name/Location Levy Deposit
Account
FY2022-2023
Levy / Parcel
#
Parcels
Maximum
Total Levy
Allowed
FY
2022/2023
Estimated
Total Direct
and
Administrative
Costs
1 – TR. 29765 /
Highland Dr. & Oak Knoll Dr. 202B.56500.01 $484.47 10 $4,844.73 $6,061 4 – TR. 33489 /
Glendora Mountain Rd. &
E. Palm Dr.
202B.56500.03 $346.26 31 $10,734.14 $8,506
5 – TR. 34114 /
E. Hampton St. &
E. Gladstone St./ S. Sunflower Ave.
202B.56500.05 $75.00 8 $600.00 $4,160
7 – TR. 37637 /
N. Loraine Ave. &
E. Palm Dr.
202B.56500.13 $37.63 33 $1,241.86 $3,891
8 – TR. 43011 /
Glendora Mountain Rd. &
Boulder Springs Dr.
202B.56500.08 $205.58 33 $6,784.25 $6,620
12 – TR. 44069 /
Glendora Bougainvillea’s &
437 E. Bennett Ave.
202B.56500.11 $135.32 85 $11,502.99 $12,816
16 – Hidden Springs Ln. 202B.56500.19 $53.70 126 $6,767.09 $4,949 Total $42,475.06 $47,003
Item #6. Page 3
Meeting Date: 6/28/2022 / Packet Page #: 42
Staff Report Page 4 of 4
Prepared By Andrea Miller, Landscape/Contracts Supervisor Concurs With 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 Not Applicable
ATTACHMENTS:

A. Engineer’s Report FY22-23 (LMD)
B. Resolution Confirming the Assessment Levy
C. Resolution Approving the Engineer’s Report
D. Presentation (LMD-PH)
Item #6. Page 4
Meeting Date: 6/28/2022 / Packet Page #: 43

City of Glendora

Landscaping Maintenance
District No. 1

FISCAL YEAR 2022/2023
ENGINEER’S REPORT

Intent Meeting: June 14, 2022
Public Hearing: June 28, 2022
Prepared: April 2022
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
Item #6. Page 5
Meeting Date: 6/28/2022 / Packet Page #: 44
Item #6. Page 6
Meeting Date: 6/28/2022 / Packet Page #: 45

TABLE OF CONTENTS
I. INTRODUCTION 1
REPORT CONTENT AND ANNUAL PROCEEDINGS 1
II. PLANS AND SPECIFICATIONS 3
IMPROVEMENT AUTHORIZED BY THE 1972 ACT 3
IMPROVEMENTS AND SERVICES WITHIN THE DISTRICT 4
DESCRIPTION OF IMPROVEMENTS 4
LANDSCAPE IMPROVEMENTS 5
III. METHOD OF APPORTIONMENT 6
SPECIAL BENEFIT 6
GENERAL BENEFIT 6
BENEFIT ZONES 7
EQUIVALENT BENEFIT UNITS 7
ASSESSMENT METHODOLOGY 7
ASSESSMENT RANGE FORMULA 9
IV. DISTRICT BUDGET 10
V. DISTRICT BOUNDARY MAPS – APPENDIX A 11
VI. 2022/2023 ASSESSMENT ROLL – APPENDIX B 19
Item #6. Page 7
Meeting Date: 6/28/2022 / Packet Page #: 46
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 1 I. INTRODUCTION
The City of Glendora (“The City”), under the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”), and the provisions of the California Constitution Article XIII D (the “Constitution”), annually levies and collects special assessments for the City’s maintenance assessment district designated as:

Landscape Maintenance District No. 1
(the “District”) in order to provide and maintain various landscaping improvements throughout the City that provide special benefits to properties within the City. Originally the District was formed as the City of Glendora “Landscaping and Streetlighting Maintenance District No. 1”. In 2006, streetlights were removed from this District, and the District was renamed to the “Landscape Maintenance District No. 1” to reflect its focus on landscaping services.

In accordance with the 1972 Act, the District utilizes benefit zones (“Zones”) to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District. Within the boundaries of the District, parcels are assigned to various Zones each of which is associated with a set of improvements and/or type of improvements that provide special benefit to properties within that Zone.

As of Fiscal Year 2022/2023 the District is comprised of seven zones.

REPORT CONTENT AND ANNUAL PROCEEDINGS
This Engineer’s Annual Report (the “Report”) has been prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act, and presented to the City Council for their consideration and approval of the proposed improvements and services to be provided within the District and the levy and collection of annual assessments related thereto for fiscal year 2022/2023. If any section, subsection, sentence, clause, phrase, portion, or zone, of this Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Report and each section, subsection, subdivision, sentence, clause, phrase, portion, or zone, thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, or zones, might subsequently be declared invalid or unconstitutional.

This Report outlines the District Zone structure, the improvements, and the proposed assessments to be levied in connection with the benefits the properties will receive from the maintenance and servicing of the District improvements for fiscal year 2022/2023. The annual assessments to be levied on properties within the District provide a funding source for the continued operation and maintenance of landscaping improvements within various zones of benefit (“Zones”) that provide special benefits to the properties within the District and each respective Zone. Each fiscal year, the City establishes the District’s assessments based on an estimate of the costs to maintain, operate and service the improvements and based upon available revenues including fund balances, general benefit contributions and additional City contributions and assessment limits. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District may include, but are not limited to the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District; deficits or surpluses from prior years; revenues from other sources; and the collection of funds for operational reserves or for periodic maintenance and improvement rehabilitation projects as authorized by the 1972 Act.

Item #6. Page 8
Meeting Date: 6/28/2022 / Packet Page #: 47
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 2 Each parcel is assessed proportionately for only those improvements, services and expenses for which the parcel will receive special benefit.

Each Zone outlined in this Report is a reflection of the various improvements and the types of improvements and services to be provided by the District for the properties that are directly associated with and benefit from those improvements. The net annual cost to provide the improvements for each Zone are allocated to the benefiting properties within that Zone using a weighted method of apportionment (refer to Assessment Methodology, Method of Apportionment) that calculates the proportional special benefit and assessment for each parcel as compared to other properties that benefit from the District improvements and services.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Los Angeles County Assessor’s Office. The Los Angeles County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the District assessments.

At a noticed annual Public Hearing, the City Council will accept all public comments and written protests regarding the District and the annual levy of assessments. Based on those public comments and written protests, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments the Council will, by Resolution, order the improvements to be made and confirm the levy and collection of assessments pursuant to the 1972 Act. The assessments as approved will be submitted to the Los Angeles County Auditor/Controller to be included on the property tax roll for each parcel.

As required by the 1972 Act, this Engineer’s Report describes the improvements to be provided, maintained and serviced by the District, an estimated budget for the District improvements, and the proposed assessments to be levied upon each assessable lot or parcel within the District for fiscal year 2022/2023.

While the budgets outlined in this Report reflect the estimated costs necessary to fully and adequately provide for the maintenance and operation of the improvements within the District, many of these estimated costs and associated services cannot be funded by the current special benefit assessment revenues and the City contribution for those improvements or portions thereof determined to be general benefits. Therefore, in addition to the City’s contribution for general benefit costs, in some Zones, at the discretion of the City Council, the City may also provide additional funding to support the improvements and/or implement service reductions. To fully fund the improvements that are considered special benefits, it may be necessary in the future to increase assessment revenues which would require the support of the property owners for new or increased assessments through a ballot proceeding conducted under the provisions of the California Constitution Article XIII D.

Item #6. Page 9
Meeting Date: 6/28/2022 / Packet Page #: 48
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 3 II. PLANS AND SPECIFICATIONS
IMPROVEMENT AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.
• The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
• The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of notices; • Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5. • Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.

Item #6. Page 10
Meeting Date: 6/28/2022 / Packet Page #: 49
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 4 • The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

IMPROVEMENTS AND SERVICES WITHIN THE DISTRICT
The purpose of the District is to fund the maintenance and servicing of parkway landscape improvements installed in connection with development of properties within the District.

There are seven (7) zones where the landscape is managed under the Landscape Maintenance District No. 1. These properties were included in the District as a condition of development to maintain the parkway areas. At the time, in lieu of the homeowner association maintaining the public landscape, the developer agreed to be a part of the District and pay the annual assessment.

The territory within the District consists of all lots or parcels of land within the City of Glendora.

The purpose of this District is to provide in part through annual assessments, funding for the ongoing operation, maintenance, and servicing of landscaping improvements and services in various areas throughout the City. Improvements currently provided within the District generally include but are not limited to:
➢ Landscape improvements such as mowing, pruning, shaping and trimming of shrubs and trees, edging of ground cover areas, pest and weed control, supporting and replacing trees as required, maintenance of tree wells, fertilization, mulching, watering, maintenance of sprinkler systems, disease, insect and rodent control.

In accordance with the 1972 Act, the District utilizes Zones to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District.

Within the boundaries of the District, parcels are assigned to benefit zones each of which is associated with a set of improvements and/or type of improvements that provide special benefit to properties within that Zone.

For Fiscal Year 2022/2023 the District is comprised of the following:

Zones

1. Highland 7. Lorraine-Palm 16. Hidden Springs

4. GMR-Palm 8. GMR-BS

5. Hampton-Sunflower 12. Glen Bougainvilleas & E. Bennett

DESCRIPTION OF IMPROVEMENTS
As authorized by the 1972 Act, the improvements provided by the District and associated with each Zone incorporate various landscaping improvements that are maintained and serviced for the benefit of real property within the District. The maintenance of the landscape improvements may also include various appurtenances that may include, but is not limited to entry monuments; various types of fencing; retaining walls; ornamental lighting or other ornamental fixtures; signage; and irrigation, drainage, and electrical equipment. The work to be performed within each respective Zone may include but is not limited to (as applicable), the personnel, materials, equipment, electricity, water, contract services, repair and rehabilitation of the improvements and incidental expenses required to operate the District and provide the improvements and services Item #6. Page 11
Meeting Date: 6/28/2022 / Packet Page #: 50
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 5 for each Zone. The improvements provided within the District and for which parcels receive special benefits are generally described in the following.

LANDSCAPE IMPROVEMENTS
Zone 1, Highland and Oak Knoll – Landscape assessment area consisting of approximately 35,750 sqft of ground cover, shrubs and trees.

Zone 4, Glendora Mountain Road and Palm Drive – Landscape assessment area consisting of approximately 55,860 sqft of ground cover, shrubs and trees.

Zone 5, Hampton and Gladstone – Landscape assessment area consisting of approximately 5,600 sqft of ground cover, shrubs and trees, divided by the wash.

Zone 7, North Lorraine and Palm Drive – Landscape assessment area consisting of three (3) median islands on Lorraine with approximately 5,397 sqft of ground cover.

Zone 8, Glendora Mountain Road and Boulder Springs – Landscape assessment area consisting of approximately 22,378 sqft of ground cover, shrubs and trees.

Zone 12, Glendora Bougainvilleas & 437 E. Bennet – Landscape assessment area consisting of twenty-three (23) trellised bougainvillea.

Zone 16, Hidden Springs (Glendora Mountain Road and Sierra Madre) – Landscape assessment area consisting of approximately 8,800 sqft of shrubs including one (1) median island on Fountain Springs Lane and one (1) median island on Hidden Springs Lane with ground cover.

Item #6. Page 12
Meeting Date: 6/28/2022 / Packet Page #: 51
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 6 III. METHOD OF APPORTIONMENT
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in each Zone of the District should therefore reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on benefit to each parcel.

In addition, pursuant to Article XIIID Section 4 a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Furthermore, only special benefits may be assessed and the District must separate the general benefits from the special benefits.

SPECIAL BENEFIT
The ongoing maintenance of landscaped areas within the District provide aesthetic benefits to the properties within each respective Zone and a more pleasant environment to walk, drive, live, and work. The primary function of these landscape improvements and related amenities is to serve as an aesthetically pleasing enhancement and green space for the benefit of the immediately surrounding properties and developments for which the improvements were constructed and installed and/or were facilitated by the development or potential development of properties within the Zones. These improvements are an integral part of the physical environment associated with the parcels in each Zone and while some of these improvements may in part be visible to properties outside the Zone, collectively if these Zone improvements are not properly maintained, it is the parcels within the Zone that would be aesthetically burdened. Additionally, the street landscaping in these Zones serves as both a physical buffer as well as a sound reduction buffer between the roadways and the properties in the District and serve as a pleasant aesthetic amenity that enhances the approach to the parcels. As a result, the maintenance of these landscaped improvements provides particular and distinct benefits to the properties and developments within each Zone.

GENERAL BENEFIT
In reviewing the location and extent of the specific landscaped areas and improvements to be funded by District assessments and the proximity and relationship to properties to be assessed, it is evident these improvements were primarily installed in connection with the development of properties in each respective Zone or are improvements that would otherwise be shared by and required for development of properties in those Zones. It is also evident that the maintenance these improvements and the level of maintenance provided has a direct and particular impact (special benefit) only on those properties in proximity to those improvements and such maintenance beyond that which is required to ensure the safety and protection of the general Item #6. Page 13
Meeting Date: 6/28/2022 / Packet Page #: 52
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 7 public and property in general, has no quantifiable benefit to the public at large or properties outside each respective Zone.

BENEFIT ZONES
Properties in each Zone benefit only from the services provided in that Zone. The boundaries of the Zones were selected such that only parcels that specifically benefit from services are included in a Zone, and all such parcels are included. Because different Zones receive different levels of service and include different numbers of parcels, the assessment is different for each Zone.

EQUIVALENT BENEFIT UNITS
To assess benefits equitably, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Benefit Unit method of apportionment uses the single-family home as the basic unit of assessment. A single-family residential property equals one Equivalent Benefit Unit (“EBU”). Every other land-use is converted to EBU’s based on an assessment formula that equates the property’s specific development status, type of development (land-use), and size of the property, as compared to a single-family residential property (“SFR”).

The EBU method of apportioning benefit is typically seen as the most appropriate and equitable assessment methodology for calculating benefit in districts formed under the 1972 Act, as the benefit to each parcel from the improvements are apportioned as a function of land-use type, size and development.

Assessable parcels within each Zone are determined to receive the same special benefit from the improvements due to their similarity in size and use and their similar proximity to the improvements. Therefore, each assessable Residential parcel in a Zone is assigned 1 EBU.

ASSESSMENT METHODOLOGY
Maximum Permissible Assessment
Proposition 218 requires the City to ballot property owners to obtain consent for the increased assessment exceeding the anticipated maximum permissible increase per assessment formula, for example CPI (Consumer Price Index) increase.

The table below shows the list of the Zones in the District, and indicates for each zone whether an inflation adjustment is being included in the Zone assessment.

ZONE NO. LOCATION CPI Adjustment
1 TR. 29765 / Highland YES
4 TR. 33489 / GMR-Palm YES
5 TR. 34114 / Hampton NO
7 TR. 37637 /Loraine-Palm YES
8 TR. 43011 / GMR-BS YES
12 TR. 44069 / Glen Bougainvilleas & 437 E.

Bennett YES
16 Hidden Springs YES
Item #6. Page 14
Meeting Date: 6/28/2022 / Packet Page #: 53
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 8 As adopted by the City Council through Resolution 03-20, the maximum authorized assessment rate may be adjusted annually as high as the ratio between the March to March Consumer Price Index (CPI) for the Los Angeles-Long Beach-Anaheim Area for All Urban Consumers not to exceed 5%.

CPI for March 2021 was 282.648. CPI for March 2022 is 306.679.This results in a ratio of 1.08502 which equates to a percent of 8.50%. The inflator for this District is not to exceed 5%, therefore 5% will be used as the inflator. The maximum assessment rates for the six areas with an CPI inflator identified above will be increased by this ratio from the maximum assessment rate for FY 2022/2023. The Maximum Assessment Rate will remain the same for the zones that do not have an inflator.

Estimate of Cost
Section 22569 of the 1972 Act requires the Engineer’s Report to contain an estimate of the costs of the Improvements including:
• total costs of improvements including incidental expenses, • the amount of the surplus to be carried over from a previous fiscal year, • the amount of any contributions to be made from sources other than the assessment, • the amount, if any, to be collected in annual installments for the estimated cost of improvements,
• the net amount to be assessed within the Assessment District.

Costs of Improvements
As mentioned earlier, some zones are assessed at fixed annual rate without the CPI adjustment.

In such areas, the level of service (i.e., gardening and watering) is reduced so that the costs of providing services does not exceed assessment revenues. For the areas where the CPI adjustments have been approved, an attempt is made to provide the same levels of service from year to year.

The Community Services Department oversees the operation of the landscape maintenance while outside contractors as well as in-house staff are used to maintain these areas. The expenditures are listed in the fiscal year 2022/2023 budget listed below. Contract maintenance expenses are based on actual contractual costs. Water and electricity utility bills and routine supplies are estimated based on current expenditures.

Incidental Expenses:

Incidental expenses to be paid with assessment amounts of the Assessment District for FY 2022/2023 (“Incidental Expenses”) are included in the definition of “incidental expenses” as defined in Section 22526 of the 1972 Act.

Four types of incidental expenses are included in the costs associated with the Maintenance District: (i) compensation for special counsel providing advice in connection with the establishment of the Maintenance District, (ii) costs of the preparation of this Report, including preparation of plans, specifications, estimates, diagram, and assessment (“Assessment Engineering”), (iii) costs associated with printing, advertising, and the giving of published, posted, and mailed notices, including the balloting required by Article XIIID of the California Constitution, and (iv) compensation payable to the County of Los Angeles for the collection of assessments.

The budget shows the total amounts for incidental expenses for Fiscal Year 2022/2023.

Item #6. Page 15
Meeting Date: 6/28/2022 / Packet Page #: 54
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 9 Contribution from Other Sources
This is included to subsidize any shortfalls for Zones in the District.

Annual Installments
The entire amount of the net assessment that will be assessed in FY 2022/2023.

ASSESSMENT RANGE FORMULA
Apportionment of Assessment
Section 22573 of the 1972 Act states that “The net amount to be assessed upon lands within an assessment district may be proportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.”
Section 22547 of the 1972 Act permits the designation of benefit zones within any individual assessment district if “…. by reasons or variations in the nature, location, and extent of improvements, the various areas will receive different degrees of benefit from the improvements.” Thus, the 1972 Act requires the levy of true “assessment” rather than a “special tax”.

Within each Zone, it is determined that each parcel in the Zone benefits equally from the services provided. Therefore, costs of providing services in a Zone (as well as a proportional share of incidental expenses) are spread evenly across each parcel in that Zone but not exceeding the maximum permissible assessment rates as approved by the property owners.

Item #6. Page 16
Meeting Date: 6/28/2022 / Packet Page #: 55
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 10 IV. DISTRICT BUDGET

* Current Zones with no CPI
BUDGET ITEM 1 4 5 * 7 8 12 16 Total District
Highland / Oak
Knoll
Gmr/Palm
Drive
Hampton /
Sunflower
Loraine /
Palm Dr.

Gmr / Boulder
Springs
Glendora
Bougainvillea
Hidden
Springs

DIRECT COSTS
Maintenance
Landscape Maintenance (Contract & In-house) $3,396 $3,396 $3,396 $3,396 $3,396 $12,816 $3,396 $33,192 WCA Contract 515 410 264 495 185 0 53 $1,922
Utilities $0
Electricity 150 200 0 0 150 0 0 $500
Water 2,000 4,500 500 0 2,200 0 1,500 $10,700
Miscellaneous Expenses 0 0 0 0 689 0 0 $689
Direct Costs Subtotal $6,061 $8,506 $4,160 $3,891 $6,620 $12,816 $4,949 $47,003

ADMINISTRATION COSTS
Personnel/Overhead $285 $285 $285 $131 $285 $276 $285 $1,832 Professional Fees 183 566 146 603 603 1,553 2,302 5,956 County Admin Fees 4 13 3 13 13 34 51 132
Additional Administration Expenses 0 0 0 0 0 0 0 0
Administrative Costs Subtotal $472 $864 $434 $747 $901 $1,863 $2,638 $7,920

LEVY BREAKDOWN
Total Direct and Admin. Costs $6,533 $9,370 $4,594 $4,638 $7,521 $14,679 $7,587 $54,923 District Fund Collection (Contribution) (1,688) 0 0 0 0 (3,177) 0 (4,865) Contributions & Other Revenue Sources 0 1,364 (3,994) (3,397) (737) 0 (821) (7,584) (Sub-Total) Levy Adjustments (1,688) 1,364 (3,994) (3,397) (737) (3,177) (821) (12,450) Balance to Levy $4,844.70 $10,734.06 $600.00 $1,241.79 $6,784.14 $11,502.20 $6,766.20 $42,473.09

DISTRICT STATISTICS
Total Parcels 10 31 8 33 33 85 126 326
Total Parcels Levied 10 31 8 33 33 85 126 326
Total Equivalent Benefit Units (EBUs) 10.00 31.00 8.00 33.00 33.00 85.00 126.00 326.00 Levy per EBU $484.47 $346.26 $75.00 $37.63 $205.58 $135.32 $53.70 Maximum Assessment Allowed $4,844.73 $10,734.14 $600.00 $1,241.86 $6,784.25 $11,502.99 $6,767.09 2022/23 Maximum Levy per EBU $484.473 $346.263 $75.000 $37.632 $205.583 $135.329 $53.707 2021/22 Maximum Levy per EBU $461.403 $329.774 $75.000 $35.840 $195.794 $128.885 $51.150

FUND INFORMATION
Beginning District Fund Balance (July 1, 2022) $0 $0 $0 $0 $0 $0 $0 $0 Fund Activity 0 0 0 0 0 0 0 0
Ending Fund Balance (June 30, 2023) $0 $0 $0 $0 $0 $0 $0 $0 ZONES
Item #6. Page 17
Meeting Date: 6/28/2022 / Packet Page #: 56
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 11 V. DISTRICT BOUNDARY MAPS – APPENDIX A
Reference is hereby made to the Assessor’s Maps of the County of Los Angeles for an exact description of the lines and dimensions of each parcel within the Assessment District.

Item #6. Page 18
Meeting Date: 6/28/2022 / Packet Page #: 57
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 12 Item #6. Page 19
Meeting Date: 6/28/2022 / Packet Page #: 58
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 13 Item #6. Page 20
Meeting Date: 6/28/2022 / Packet Page #: 59
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 14 Item #6. Page 21
Meeting Date: 6/28/2022 / Packet Page #: 60
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 15 Item #6. Page 22
Meeting Date: 6/28/2022 / Packet Page #: 61
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 16 Item #6. Page 23
Meeting Date: 6/28/2022 / Packet Page #: 62
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 17 Item #6. Page 24
Meeting Date: 6/28/2022 / Packet Page #: 63
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 18 Item #6. Page 25
Meeting Date: 6/28/2022 / Packet Page #: 64
2022/2023 City of Glendora Landscape Maintenance District No. 1 Page 19 VI. 2022/2023 ASSESSMENT ROLL – APPENDIX B
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Los Angeles County Assessor's map for the year in which this Report is prepared.

The land use classification for each parcel has been based on the Los Angeles County Assessor’s Roll. A listing of parcels assessed within this District, along with the proposed assessment amounts, has been submitted to the City Clerk, under a separate cover, and by reference is made part of this Report.

Item #6. Page 26
Meeting Date: 6/28/2022 / Packet Page #: 65
RESOLUTION CC 2022-____

A RESOLUTION OF THE CITY COUNCIL APPROVING THE LEVY
AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2022- 23 WITH RESPECT TO THE LANDSCAPE MAINTENANCE DISTRICT
NO. 1

THE CITY COUNCIL
City of Glendora, California
WHEREAS, by its Resolution No. 2022-34, adopted on June 14, 2022 (the “Resolution of Intention”), the City Council declared its intention to levy an assessment for Fiscal Year 2022- 23 in connection with the City of Glendora Landscape Maintenance District No. 1 (the “District”) pursuant to the Landscaping and Lighting Act of 1972 (California Streets & Highways Code Section 22500 et seq.) (the “Assessment Law”); and WHEREAS, as directed by the Resolution of Intention, the City gave notice of a Public Hearing, scheduled for June 14, 2022; and
WHEREAS, on June 28, 2022, the City Council held a full and fair public hearing with respect to the Fiscal Year 2022-23 levy of the proposed assessment at which all interested persons were permitted to give oral testimony and written protests; and WHEREAS the City Council desires to move forward with the levy of the assessment in connection with the District for Fiscal Year 2022-23.

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

SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. That upon the conclusion of the Public Hearing, written protests filed, and not withdrawn, did not represent property owners owning more than fifty per cent (50%) of the area of assessable lands within the District. Therefore, the City Council overrules all objections and protests.

SECTION 3. The Diagram and Assessment contained in the Report entitled “Engineer’s Report, Fiscal Year 2022-23; City of Glendora Landscape Maintenance District No 1” and dated May 2021, (the “Report”), which is on file in the Office of the City Clerk and incorporated herein by reference, is hereby approved pursuant to Section 22631 of the Assessment Law.

SECTION 4. The adoption of this Resolution constitutes the levy of the assessment within the District for Fiscal Year 2022-23.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

Item #6. Page 27
Meeting Date: 6/28/2022 / Packet Page #: 66
Resolution CC 2022-_____ Page 2 of 2
PASSED, APPROVED and ADOPTED this __ day of ________, 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 ______, 20__, 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 #6. Page 28
Meeting Date: 6/28/2022 / Packet Page #: 67
RESOLUTION CC 2022-____

A RESOLUTION OF THE CITY COUNCIL APPROVING THE
ENGINEER’S REPORT FILED WITH RESPECT TO THE FISCAL YEAR 2022-23 LEVY OF THE ASSESSMENT IN CONNECTION WITH CITY OF GLENDORA LANDSCAPE MAINTENANCE DISTRICT NO 1.

THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City Council initiated proceedings to levy the Fiscal Year 2022-23 assessment in connection with City of Glendora Landscape Maintenance District No. 1 (the “District”) (formerly known as “City of Glendora Landscaping & Lighting District No. 1”) pursuant to the Landscaping and Lighting Act of 1972 (California Streets & Highways Code Section 22500 et seq.) (the “Assessment Law”); and
WHEREAS, a report of the City Engineer, entitled “Engineer’s Annual Levy Report, City of Glendora Landscape Maintenance District No 1 - Fiscal Year 2022-23” and dated April 2022, (the “Report”) is on file in the Office of the City Clerk and available for public inspection; and WHEREAS, the City Council has carefully examined and reviewed the Report as filed and desires to approve the Report as filed.

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

SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. The City Council finds that the Report meets all requirements of Article 4 of Chapter 1 of the Assessment Law.

SECTION 3. The Report is hereby approved as filed, without modification.

SECTION 4. 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 ________, 2022.

City Council of Glendora, CA
BY:

KAREN K. DAVIS
Mayor
Item #6. Page 29
Meeting Date: 6/28/2022 / Packet Page #: 68
Resolution CC 2022-_____ Page 2 of 2
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 ______, 20__, 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 #6. Page 30
Meeting Date: 6/28/2022 / Packet Page #: 69

A PUBLIC HEARING TO CONSIDER A RESOLUTION

ADOPTING THE ANNUAL ASSESSMENT LEVY FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR
FISCAL YEAR 2022-23 AND APPROVING THE
ENGINEER'S REPORT.

Public Works Department
City Council
June 28, 2022
Andrea Miller, Landscape/Contracts Supervisor CityOfGlendora.org Item #6. Page 31
Meeting Date: 6/28/2022 / Packet Page #: 70
Assessment/Levy Rate Change
2 Zone No. & Name/Location FY2021-2022
Levy/EBU
FY2022-2023
Levy/EBU Difference
1 – TR. 29765 /
Highland Dr. & Oak Knoll Dr. $461.40 $484.47 $23.07
4 – TR. 33489 /
Glendora Mountain Rd. & E. Palm Dr. $329.77 $346.26 $16.48 5 – TR. 34114 /
E. Hampton St. & E. Gladstone St./S. Sunflower Ave. $75.00 $75.00 $0 7 – TR. 37637 /
N. Loraine Ave. & E. Palm Dr. $35.84 $37.63 $1.79
8 – TR. 43011 /
Glendora Mountain Rd. & Boulder Springs Dr. $195.79 $205.58 $9.68 12 – TR. 44069 /
Glendora Bougainvilleas & 437 E. Bennett Ave. $128.88 $135.32 $6.44 16 – Hidden Springs Ln. $51.15 $53.70 $2.55
Item #6. Page 32
Meeting Date: 6/28/2022 / Packet Page #: 71
Fiscal Impact
3 Zone No. & Name/Location Levy Deposit
Account
Maximum Total
Levy Allowed
FY
2022/2023
Estimated Total
Direct and
Administrative
Costs
Estimated FY
2022/2023 Deficit
Between Annual Levy
& Costs
Estimated
FY 2021/2022
Deficit
1 – TR. 29765 /
Highland Dr. & Oak Knoll Dr. 202B.56500.01 $4,844.73 $6,061 ($1,217)Fund 531 Transfer ($1,875)
Fund 531 Transfer
4 – TR. 33489 /
Glendora Mountain Rd. & E. Palm Dr. 202B.56500.03 $10,734.14 $8,506 $2,228 ($4,272) Fund 202B Reserve
5 – TR. 34114 /
E. Hampton St. & E. Gladstone St./ S. Sunflower Ave. 202B.56500.05 $600.00 $4,160 ($3,560)Fund 101 Transfer ($4,204)
Fund 101 Transfer
7 – TR. 37637 /
N. Loraine Ave. & E. Palm Dr. 202B.56500.13 $1,241.86 $3,891 ($2,650)Fund 202B Reserve $0 8 – TR. 43011 /
Glendora Mountain Rd. & Boulder Springs Dr. 202B.56500.08 $6,784.25 $6,620 $164 ($811)Fund 202B Reserve 12 – TR. 44069 /
Glendora Bougainvillea's & 437 E. Bennett Ave. 202B.56500.11 $11,502.53 $12,816 ($1,313) Fund 202B Reserve $0
16 – Hidden Springs Ln. 202B.56500.19 $6,766.44 $4,949 $1,817 ($6,428) Fund 202B Reserve
Item #6. Page 33
Meeting Date: 6/28/2022 / Packet Page #: 72
4 RECOMMENDATIONS

1. Adopt a City Council Resolution entitled, “A RESOLUTION APPROVING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2022-23 WITH RESPECT TO THE LANDSCAPE MAINTENANCE DISTRICT NO.1;”

2. Adopt a City Council Resolution entitled, “A RESOLUTION APPROVING THE ENGINEER’S REPORT FILED WITH RESPECT TO THE FISCAL YEAR 2022-23 LEVY OF

THE ASSESSMENT IN CONNECTION WITH CITY OF GLENDORA LANDSCAPE MAINTENANCE DISTRICT NO 1.”
That the City Council:

Item #6. Page 34
Meeting Date: 6/28/2022 / Packet Page #: 73

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JUNE 28, 2022
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: A PUBLIC HEARING TO CONSIDER A RESOLUTION RELATING TO THE LEVY OF FISCAL YEAR 2022-23 ASSESSMENT AND APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH THE STREETLIGHT MAINTENANCE DISTRICT NO. 1

RECOMMENDATION
That the City Council:

Open and conduct a Public Hearing, accept evidence and testimony presented, and in the absence of testimony to the contrary consider the following:

1. Adopt a City Council Resolution entitled, “A RESOLUTION APPROVING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2022-23 WITH RESPECT TO THE STREETLIGHT MAINTENANCE DISTRICT NO.1;” and,

2. Adopt a City Council Resolution entitled, “A RESOLUTION APPROVING THE ENGINEER’S REPORT FILED WITH RESPECT TO THE FISCAL YEAR 2022-23 LEVY OF THE ASSESSMENT IN CONNECTION WITH CITY OF GLENDORA STREETLIGHT MAINTENANCE DISTRICT NO 1.”

EXECUTIVE SUMMARY
The City of Glendora funds a portion of public street lighting costs through its Streetlight Maintenance District No. 1 (“District”). During the 2006 reformation of the District, the property owners approved to adjust the assessment rate annually not exceeding the CPI. Such increase is thus not considered a rate increase and the City Council can levy the annual assessment without further approval by the property owners. The CPI ratio from March 2021 to March 2022 was equivalent to approximately 8.50%.

At the meeting of June 14, 2022, the City Council, in accordance with Section 22624 of California Streets and Highways Code, adopted three resolutions, 1) initiating the proceedings for the annual assessment levy, 2) stating its intention to levy the assessment for FY 2022-2023, and 3) approving the preliminary engineer’s report for FY2022-2023.

As a last step before submitting the assessments to Los Angeles County, staff now recommends that City Council open and conduct a public hearing, accept evidence and testimony presented, and in the absence of testimony to the contrary, adopt the resolutions 1) approving the annual assessment levy, and 2) approving the final engineer’s report.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Landscaping and Lighting Act of 1972 permits cities to establish assessment districts for the purpose of installing and/or constructing new public improvements or servicing and maintaining certain existing public improvements within the proposed district. The City of Glendora established its first Landscape and Streetlight Maintenance District in 1976.

The Streetlight Maintenance District No.1 was re-formed on July 25, 2006, under the requirements of Proposition 218 and the Landscaping and Lighting Act of 1972. During the reformation, the property owners approved that the maximum assessment rate may increase each fiscal year based on the annual change in Item #7. Page 1
Meeting Date: 6/28/2022 / Packet Page #: 74
Staff Report Page 2 of 3
the CPI during the preceding year for All Urban Consumers for the Los Angeles, Riverside, and Orange County areas, as published by the United States Department of Labor’s Bureau of Labor Statistics. Such increase is thus not considered a rate increase and the City Council can levy the annual assessment without further approval by the property owners.

At the meeting of June 14, 2022, the City Council, in accordance with Section 22624 of California Streets and Highways Code, adopted three Resolutions:
 Resolution CC 2022-30 approved initiating the proceedings for the annual assessment.  Resolution CC 2022-31 gave notice of intention to set a time and place for a Public Hearing regarding the levy of assessments for Fiscal Year 2022-23 for the District.  Resolution CC 2022- 32 approved the Preliminary Engineer’s Annual Levy Report for Fiscal Year 2022-2023.

DISCUSSION
The District includes 2,996 public streetlights, with 2,744 owned by Southern California Edison (SCE), and 252 owned by the City. Not funded as part of the District are private streetlights such as those owned by homeowner’s associations within gated communities, public streetlights that are obsolete and no longer in service such as the City’s antique streetlights, public safety lights positioned atop traffic signals, or traffic signals themselves.

Parcels within the district are divided into two different “Benefit Zones.” Benefit Zone “B” includes parcels within gated communities that are served by no public lighting other than perimeter lighting, and then Benefit Zone “A” includes all other parcels in the district.

Based on the County due date of August each fiscal year, it has been determined that a March CPI be utilized in place of June to allow enough time for the two required meeting dates (Intent Meeting and 10-day noticed Public Hearing). CPI for March 2022 was 306.679 compared to 282.648 for March 2021 which equates to a rate increase of approximately 1.08502, or 8.502%.

A comparison of rates for FY 2021-2022 and FY 2022-2023 is shown in the table below. Amounts shown are rounded to the nearest penny.

Benefit Zone “A” Assessment Rate Benefit Zone “B” Assessment Rate Land Use FY2021-22 FY2022-23 Difference
$
FY2021-22 FY2022-23 Difference
$
Single Family
Residence $42.00/Unit $45.57/Unit $3.57 $2.10/Unit $2.27/Unit $0.17 Multi-Family
Residence $12.39/Unit $13.44/Unit $1.05 $0.63/Unit $0.68/Unit $0.05 NonResidential $162.58/Acre $176.43/Acre $13.85 $8.15/Acre $8.84/Acre $0.69 Undeveloped $54.18/Acre $58.78/Acre $4.60 $2.73/Acre $2.96/Acre $0.23 The total District levy for FY 2022-23 will be approximately $495,350.

Tonight’s Public Hearing, and adoption of the resolutions 1) approving the annual assessment levy, and 2) approving the final engineer’s report, are the last steps before submitting the assessments to Los Angeles County before the deadline the beginning of August, providing a final opportunity to receive public testimony regarding the proposed assessments.

The City Council will accept all public comments and written protest regarding the District and the annual levy and assessments. Based on those public comments and written protest, the City Council may order amendments to the report, or confirm the report as submitted. The assessments as approved will be Item #7. Page 2
Meeting Date: 6/28/2022 / Packet Page #: 75
Staff Report Page 3 of 3
submitted to the Los Angeles County Auditor/Controller to be included on the property tax roll for each parcel.

FISCAL IMPACT
Total costs for servicing and maintaining streetlights, safety lights and traffic signals throughout the City is expected to be $690,467. A portion of this is for general benefit of the entire City and therefore paid for from the General Fund and Gas Tax revenues. Only special benefits may be funded by the Streetlight Assessment fund.

The revenues and costs for servicing and maintaining streetlights, safety lights and traffic signals are summarized as follows:

Item Description Amount
Gross Cost of Improvements All maintenance and service, including incidental expenses, of public street lights, safety lights, and traffic signals. ($690,467) 101 General Fund
Contribution (General Benefit) Portion of safety lighting and traffic signal lighting $36,000 205 Gas Tax Fund
Contribution (General Benefit)
General benefit portion of public street lights ($95,252), and portion of safety lighting and traffic signal lighting ($150,000). $235,700 Net Cost of Improvements
(Special Benefit)
Special benefit portion of public street lights, and incidental expenses related to administering the District ($418,767) Total Levy Total amount assessed to fund special benefit costs. $495,350 District Reserve Fund
Contribution Total levy minus costs to fund special benefits. $76,583 Reserve Fund Beginning Balance June 30, 2022 $279,518
Reserve Fund Ending Balance June 30, 2023 $356,101

ENVIRONMENTAL DETERMINATION
Not Applicable.

Prepared By Andrea Miller, Landscape/Contracts Supervisor Concurs With 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 Not Applicable
ATTACHMENTS:

A. Engineer’s Report FY22-23
B. Resolution Confirming the Assessment Levy
C. Resolution Approving the Engineer’s Report
D. Presentation (SMD-PH)
Item #7. Page 3
Meeting Date: 6/28/2022 / Packet Page #: 76
RESOLUTION CC 2022-____

A RESOLUTION OF THE CITY COUNCIL APPROVING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2022-23 WITH RESPECT TO THE STREETLIGHT MAINTENANCE DISTRICT NO.1

THE CITY COUNCIL
City of Glendora, California
WHEREAS, by its Resolution No. 2022-31, adopted on June 14, 2022 (the “Resolution of Intention”), the City Council declared its intention to levy an assessment for Fiscal Year 2022- 23 in connection with the City of Glendora Streetlight Maintenance District No. 1 (the “District”) pursuant to the Landscaping and Lighting Act of 1972 (California Streets & Highways Code Section 22500 et seq.) (the “Assessment Law”); and WHEREAS, as directed by the Resolution of Intention, the City gave notice of a Public Hearing, scheduled for June 28, 2022; and
WHEREAS, on June 28, 2022, the City Council held a full and fair public hearing with respect to the Fiscal Year 2022-23 levy of the proposed assessment at which all interested persons were permitted to give oral testimony and written protests: and WHEREAS the City Council desires to move forward with the levy of the assessment in connection with the District for Fiscal Year 2022-23

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

SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. That upon the conclusion of the Public Hearing, written protests filed, and not withdrawn, did not represent property owners owning more than fifty per cent (50%) of the area of assessable lands within the District. Therefore, the City Council overrules all objections and protests.

SECTION 3. The Diagram and Assessment contained in the Report entitled “Engineer’s Report, Fiscal Year 2022-23; City of Glendora Streetlight Maintenance District No 1” and dated April 2022, (the “Report”), which is on file in the Office of the City Clerk and incorporated herein by reference, is hereby approved pursuant to Section 22631 of the Assessment Law.

SECTION 4. The adoption of this Resolution constitutes the levy of the assessment within the District for Fiscal Year 2022-23.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

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

City Council of Glendora, CA
Item #7. Page 4
Meeting Date: 6/28/2022 / Packet Page #: 77
Resolution CC 2022-_____ Page 2 of 2
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 ______, 20__, 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 #7. Page 5
Meeting Date: 6/28/2022 / Packet Page #: 78
RESOLUTION CC 2022-____
A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER’S REPORT FILED WITH RESPECT TO THE FISCAL YEAR 2022-23 LEVY OF THE

ASSESSMENT IN CONNECTION WITH CITY OF GLENDORA STREETLIGHT MAINTENANCE DISTRICT NO 1.

THE CITY COUNCIL
City of Glendora, California
WHEREAS the City Council initiated proceedings to levy the Fiscal Year 2022-23 assessment in connection with City of Glendora Streetlight Maintenance District No. 1 (the “District”) (formerly known as “City of Glendora Landscaping & Lighting District No. 1”) pursuant to the Landscaping and Lighting Act of 1972 (California Streets & Highways Code Section 22500 et seq.) (the “Assessment Law”); and
WHEREAS, a report of the City Engineer, entitled “Engineer’s Report, City of Glendora Landscape Maintenance District No 1 - Fiscal Year 2022-23” and dated April 2022, (the “Report”) is on file in the Office of the City Clerk and available for public inspection; and WHEREAS, the City Council has carefully examined and reviewed the Report as filed and desires to approve the Report as filed.

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

SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.

SECTION 2. The City Council finds that the Report meets all requirements of Article 4 of Chapter 1 of the Assessment Law.

SECTION 3. The Report is hereby approved as filed, without modification.

SECTION 4. 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 ________, 2022.

City Council of Glendora, CA
BY:

KAREN K. DAVIS, Mayor
Item #7. Page 6
Meeting Date: 6/28/2022 / Packet Page #: 79
Resolution CC 2022-_____ Page 2 of 2
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 ______, 20__, 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 #7. Page 7
Meeting Date: 6/28/2022 / Packet Page #: 80

A PUBLIC HEARING TO CONSIDER POSSIBLE

ADOPTIONS OF RESOLUTIONS APPROVING THE LEVY
OF FISCAL YEAR 2022-23 ASSESSMENT IN

CONNECTION WITH THE STREETLIGHT MAINTENANCE
DISTRICT NO. 1.

Public Works Department
City Council
June 28, 2022
Andrea Miller, Landscape/Contracts Supervisor CityOfGlendora.org Item #7. Page 8
Meeting Date: 6/28/2022 / Packet Page #: 81
Assessment/Levy Rate Change
2 Land Use
Benefit Zone A Assessment Rate Benefit Zone B Assessment Rate FY2021-22 FY2022-23 Difference $ FY2021-22 FY2022-23 Difference $ Single Family
Residence $42.00/Unit $45.57/Unit $3.57 $2.10/Unit $2.27/Unit $0.17 Multi-Family
Residence $12.39/Unit $13.44/Unit $1.05 $0.63/Unit $0.68/Unit $0.05 Non-Residential $162.58/Acre $176.43/Acre $13.85 $8.15/Acre $8.84/Acre $0.69 Undeveloped $54.18/Acre $58.78/Acre $4.60 $2.73/Acre $2.96/Acre $0.23 Item #7. Page 9
Meeting Date: 6/28/2022 / Packet Page #: 82
Fiscal Impact
3 Item Description AMOUNT
Gross Cost of Improvements All maintenance and service, including incidental expenses, of public street lights, safety lights, and traffic signals. ($690,467)
101 General Fund Contribution
(General Benefit)
Portion of safety lighting and traffic signal lighting $36,000 205 Gas Tax Fund Contribution
(General Benefit)
General benefit portion of public street lights ($95,252), and portion of safety lighting and traffic signal lighting ($150,000) $235,700 Net Cost of Improvements
(Special Benefit)
Special benefit portion of public street lights, and incidental expenses related to administering the District ($418,767)
Total Levy Total amount assessed to fund special benefit costs. $495,350 District Reserve Fund
Contribution
Total levy minus costs to fund special benefits. $76,583 Reserve Fund Beginning Balance June 30, 2022 $279,518
Reserve Fund Ending Balance June 30, 2023 $356,101
Item #7. Page 10
Meeting Date: 6/28/2022 / Packet Page #: 83
4 RECOMMENDATIONS

1. Adopt a City Council Resolution entitled, “A RESOLUTION APPROVING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2022-23 WITH RESPECT TO THE STREETLIGHT MAINTENANCE DISTRICT NO.1;”

2. Adopt a City Council Resolution entitled, “A RESOLUTION APPROVING THE ENGINEER’S REPORT FILED WITH RESPECT TO THE FISCAL YEAR 2022-23

LEVY OF THE ASSESSMENT IN CONNECTION WITH CITY OF GLENDORA STREETLIGHT MAINTENANCE DISTRICT NO 1.”
That the City Council:

Item #7. Page 11
Meeting Date: 6/28/2022 / Packet Page #: 84

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JUNE 28, 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 JUNE 30, 2022 THROUGH JULY 29, 2022, PURSUANT TO THE RALPH M.

BROWN ACT AND ASSEMBLY BILL NO. 361

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 JUNE 30, 2022 THROUGH July 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 and May 24, 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 June 29, 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 July 29, 2022.

Item #8. Page 1
Meeting Date: 6/28/2022 / Packet Page #: 85
Staff Report Page 2 of 4

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.

Item #8. Page 2
Meeting Date: 6/28/2022 / Packet Page #: 86
Staff Report Page 3 of 4
Starting at the March 22, 2022 City Council meeting, and again at its April 26, 2022 and May 24, 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, May and June and is set to expire on June 29, 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 July 29, 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 July 29, 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:

Item #8. Page 3
Meeting Date: 6/28/2022 / Packet Page #: 87
Staff Report Page 4 of 4
• Public attendance via Zoom or in-person.
• City Council and board/commission members will attend in-person (preference) or in Zoom (if 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. AB361
B. Resolution Public Meetings: In-Person Hybrid Approach June 30 – July 29, 2022 Item #8. Page 4
Meeting Date: 6/28/2022 / Packet Page #: 88
Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1)  Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

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

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

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

92 Item #8. Page 5
Meeting Date: 6/28/2022 / Packet Page #: 89
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 —
Item #8. Page 6
Meeting Date: 6/28/2022 / Packet Page #: 90
This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body.
(2)  Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

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

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

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

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 — 3 — Ch. 165
Item #8. Page 7
Meeting Date: 6/28/2022 / Packet Page #: 91
to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

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

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

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

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

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a)  Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 Ch. 165 — 4 —
Item #8. Page 8
Meeting Date: 6/28/2022 / Packet Page #: 92
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
Item #8. Page 9
Meeting Date: 6/28/2022 / Packet Page #: 93
(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 —
Item #8. Page 10
Meeting Date: 6/28/2022 / Packet Page #: 94
or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.
(f)  All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
92 — 7 — Ch. 165
Item #8. Page 11
Meeting Date: 6/28/2022 / Packet Page #: 95
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 —
Item #8. Page 12
Meeting Date: 6/28/2022 / Packet Page #: 96
(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
Item #8. Page 13
Meeting Date: 6/28/2022 / Packet Page #: 97
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 —
Item #8. Page 14
Meeting Date: 6/28/2022 / Packet Page #: 98
(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
Item #8. Page 15
Meeting Date: 6/28/2022 / Packet Page #: 99
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 —
Item #8. Page 16
Meeting Date: 6/28/2022 / Packet Page #: 100

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
Item #8. Page 17
Meeting Date: 6/28/2022 / Packet Page #: 101
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 —
Item #8. Page 18
Meeting Date: 6/28/2022 / Packet Page #: 102
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
Item #8. Page 19
Meeting Date: 6/28/2022 / Packet Page #: 103
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 —
Item #8. Page 20
Meeting Date: 6/28/2022 / Packet Page #: 104
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
Item #8. Page 21
Meeting Date: 6/28/2022 / Packet Page #: 105
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 —
Item #8. Page 22
Meeting Date: 6/28/2022 / Packet Page #: 106
(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
Item #8. Page 23
Meeting Date: 6/28/2022 / Packet Page #: 107
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 June 30, 2022 THROUGH July 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
Item #8. Page 24
Meeting Date: 6/28/2022 / Packet Page #: 108
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 #8. Page 25
Meeting Date: 6/28/2022 / Packet Page #: 109
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 June 30, 2022 until the earlier of July 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).

Item #8. Page 26
Meeting Date: 6/28/2022 / Packet Page #: 110
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
Item #8. Page 27
Meeting Date: 6/28/2022 / Packet Page #: 111

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JUNE 28, 2022
FROM: CITY CLERK DISTRICT(S): CITYWIDE
SUBJECT: DESIGNATION OF VOTING DELEGATES AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL GENERAL ASSEMBLY - FRIDAY, SEPTEMBER 9, 2022 (RESPONSE REQUIRED BY FRIDAY, SEPTEMBER 2, 2022)

RECOMMENDATION
That the City Council:

1. Designate Council Member David Fredendall as the City’s voting delegate to represent the City of Glendora at the League’s Annual Business Meeting League’s Annual Business Meeting during the General Assembly conducted on Friday, September 9, 2022;

2. Designate Mayor Pro Tem Gary Boyer as the alternate in the event Council Member David Fredendall is unable to serve in that capacity; and

3. Authorize the City Clerk to sign and submit the required “Voting Delegate Form” to the League’s Sacramento Office no later than Friday, September 2, 2022.

EXECUTIVE SUMMARY
The League of California Cities 2022 Annual Conference is scheduled for September 7 - 9, 2022 in Long Beach. An important part of the conference is the Annual Business Meeting (during the General Assembly) on Friday, September 9, 2022. At this meeting the League membership considers, and takes action, on resolutions that establish League policy.

In order to vote at the League’s Annual Business Meeting, the Glendora City Council must designate a delegate to represent the City of Glendora, and may appoint up to two alternate voting delegates, one of whom may vote if the designated delegate is unable to serve in that capacity. Mayor Pro Tem Gary Boyer and Council Member David Fredendall have confirmed their attendance at the League’s Annual Conference; and with Council approval will represent Glendora’s interests.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Annually, the City Council designate one voting delegate and up to two voting alternates to vote at the Annual Business Meeting of the League of California Cities General Assembly being held Friday, September 9, 2022. On September 14, 2021, the City Council approved Resolution CC 2021-43 updated the City’s list of delegates and alternates to various regional boards and committees that the City of Glendora is a member of, one of which is the L.A. Division of the League of California Cities.

The City’s current delegate is Council Member David Fredendall and the alternate is Mayor Karen Davis.

Traditionally, the delegate and alternate to the L.A. County Division of the League of California Cities, along with one other member of the City Council attending the conference have been designated to fill the voting roles, unless one or both of the L.A. Division appointees are not planning to attend the conference.

In those cases, the past practice has been for the City Council to open it up to any member(s) of the body that are planning to attend to fill said roles. The City Council could continue this practice or choose any other configuration it deems appropriate.

Item #9. Page 1
Meeting Date: 6/28/2022 / Packet Page #: 112
Staff Report Page 2 of 2

DISCUSSION
In order to vote at the Annual Business Meeting, scheduled for Friday, September 9, 2022, the City Council must designate a voting delegate. The City may appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity.

Mayor Pro Tem Gary Boyer and Council Member David Fredendall have confirmed they will attend the League’s Annual Conference in Long Beach and will be available to participate in the League’s Annual Business Meeting.

Should the City Council desire to be represented at the League’s 2022 Annual Business Meeting it is recommended that the City Council designate as the voting delegate the City’s alternate representative to the L.A. Division of the League, Council Member David Fredendall as the voting delegate; and designate Mayor Pro Tem Gary Boyer as the voting alternate in the event Council Member David Fredendall, as designated voting delegate, is unable to serve in that capacity; and direct the City Clerk to submit the required “Voting Delegate Form” no later than Friday, September 2, 2022 to the League of California Cities Sacramento Office.

FISCAL IMPACT
Funding for City Council conference attendance and travel is allocated for within the adopted Fiscal Year 2022-23 budget and individual City Council members may attend this event subject to adopted policy 1.32 “City Council reimbursement” and policy 3.08 “Travel and Expense Policy “Elected or Appointed Official travel Expense and Reimbursement Policy.” Sufficient funds have been allocated for participation of City Council members at the conference.

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

Prepared By Kathleen R. Sessman, City Clerk/Communications Director Sonja Jones, Executive Assistant
Concurs With Not Applicable
Reviewed By Kathleen R. Sessman, City/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. Voting Delegate Packet
Item #9. Page 2
Meeting Date: 6/28/2022 / Packet Page #: 113
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: June 1, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo – September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.

Please view Cal Cities’ event and meeting policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council.

When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting.

Council Action Advised by August 31, 2022
Item #9. Page 3
Meeting Date: 6/28/2022 / Packet Page #: 114
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. – 6:00 p.m.; Thursday, September 8, 7:00 a.m. – 4:00 p.m.; and Friday, September 9, 7:30 a.m.–12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.

Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
Item #9. Page 4
Meeting Date: 6/28/2022 / Packet Page #: 115
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org Annual Conference Voting Procedures

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.

6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.

7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.

Item #9. Page 5
Meeting Date: 6/28/2022 / Packet Page #: 116
CITY:________________________________________

2022 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:

Title: Title:

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email_________________________________ Mayor or City Clerk_________________________ Date____________ Phone________________ (circle one) (signature) Please complete and return by Friday, September 2, 2022 to:

Darla Yacub, Assistant to the Administrative Services Director E-mail: [email protected]; Phone: (916) 658-8254

Item #9. Page 6
Meeting Date: 6/28/2022 / Packet Page #: 117

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JUNE 28, 2022
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): 2
SUBJECT: EXECUTE FUNDING AGREEMENT WITH FOOTHILL TRANSIT FOR $40,000 UNDER THE

BUS STOP ENHANCEMENT PROGRAM AND ISSUE A PURCHASE ORDER TO TOLAR

MANUFACTURING COMPANY, INC FOR THE PURCHASE OF TWO BUS SHELTERS AND REAL-TIME ARRIVAL INFORMATION FOR A TOTAL OF $32,528.00 (STRATEGIC PLAN ITEM 51 - IMCIF)

RECOMMENDATION
That the City Council:

1. Authorize the City Manager to Execute the Funding Agreement between the City of Glendora and Foothill Transit for $40,000 under the Bus Stop Enhancement Program; and

2. Approve a Purchase Order for Two (2) Sierra Bus Shelters and Real-Time Arrival Information from Tolar Manufacturing Company, Inc. for a total of $35,318.15; and

3. Authorize the City Manager or his designee, to execute the purchase order with Tolar Manufacturing Company, Inc., including making minor and non-substantive changes.

EXECUTIVE SUMMARY
Foothill Transit, the regional transit operator, offers a biannual grant to improve bus stops within its service area under the Bus Stop Enhancement Program. The City applied for improvements to the Route 66/Glendora Avenue bus stops. Foothill Transit awarded Glendora $40,000 for bus shelters, benches, lighting, and real-time arrival information. The intent is to make taking transit more comfortable and support future transfer activity to the upcoming Metro L (Gold) Line Station.

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The City has submitted grant requests to Foothill Transit with submission in 2013, 2015, and 2017. In addition, the City Council has prioritized first/last mile improvements in the Strategic Plan (Item 51-IMCIF) as part of the Glendora People Movement Project. These bus stops enhancements implement this policy as these are the closest bus stops to the future Metro L (Gold) Line Station.

DISCUSSION
The City of Glendora has bus stops of varying quality. In addition, major transit investments are underway, which will necessitate more substantial investment in multimodal infrastructure that is attractive and safe for users of all ages and abilities.

The focus of the City’s application are stops which have high ridership now or are anticipated to have significant ridership in the future. The City proposed enhancements to the Route 66/Glendora Avenue stops, which will be a major transfer point to the Metro L (Gold) Line.

Currently, both east and westbound stops have only benches, poles, and trash receptacles. Given this is a major thoroughfare and intersection, staff identified this area a high priority for enhancements. The shelters along Route 66 will be designed in a way consistent with the Route 66 Specific Plan which supports visual wayfinding and creates a coherent streetscape. This includes decorative roof with tile as Item #10. Page 1
Meeting Date: 6/28/2022 / Packet Page #: 118
Staff Report Page 2 of 2
well as green paint.

The proposed enhancements include:
• Two Bus Shelters (Two Sierra-style);
• 20 gallon post mounted trash receptacle;
• 8’ perforated metal bench;
• Solar lighting; and
• Tolar/USC/Papercast 13” E-Paper Real Time Passenger Information Display shelter mounted and solar powered; City of Glendora will furnish SIM card

FISCAL IMPACT
The current Fiscal Year 2022 Budget includes $1,500,000 for the Glendora People Movement Project. The grant agreement adds $40,000 for the purchase of the features listed in the previous section. Staff is proposing to utilize the CIP funds for design and installation of the bus stop enhancements. Design is estimated to be $10,000 and installation can be done with inhouse staff time and resources.

ENVIRONMENTAL DETERMINATION
Not applicable.

Prepared By Steven Mateer, Transportation Manager
Concurs With Not Applicable
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Bus Stop Enhancement Program Grant Agreement
B. Bus Stop Enhancement Quote
Item #10. Page 2
Meeting Date: 6/28/2022 / Packet Page #: 119

Page 1 ends

Agreement Between
Foothill Transit
and
City of Glendora
This Agreement (“Agreement”) is made and entered into as of the date signed by Foothill Transit and is by and between FOOTHILL TRANSIT, a joint powers agency organized under the laws of the State of California with its principal place of business at 100 South Vincent Avenue, Suite 200, West Covina, California 91790 (“Foothill Transit”), and CITY OF GLENDORA , a general law city & municipal corporation, with its principal place of business at 116 E. Foothill Boulevard, Glendora, California 91741 (“Grantee”).

Foothill Transit and Grantee are sometimes individually referred to as a “Party” and collectively as “Parties.”

RECITALS
Whereas, Foothill Transit is the primary bus service provider for the Pomona and eastern San Gabriel Valleys, including the City of Glendora; and Whereas, Foothill Transit has developed the Bus Stop Enhancement Program in order to aid cities and counties within the service area of Foothill Transit with the funding of bus stop enhancements; and
Whereas, Grantee is located in the service area of Foothill Transit and has filed an application with Foothill Transit to grant funding from the Bus Stop Enhancement Program (the “Application”).

AGREEMENT
Now, therefore, the Parties agree as follows:

1. Grantee agrees to provide Foothill Transit approved record design and construction drawings (“Record Drawings”) of Grantee’s proposed bus stop enhancements referred to in the Application (“Enhancements”) no later than July 5, 2022 for Foothill Transit’s approval. If the Record Drawings are not provided by this date, and Foothill Transit has not approved an extension of such date in advance, in writing, this Agreement shall terminate and be of no further force or effect.

2. Grantee agrees to complete the Enhancements in accordance with the Record Drawings to Foothill Transit’s objectively reasonable satisfaction by January 2023.

If the Enhancements are not substantially completed by such date, Foothill Transit, in its sole discretion, may terminate this Agreement. Upon such termination, the Agreement shall be of no further force and effect and Foothill Transit shall have no obligation to reimburse Grantee for any funds expended by Grantee. For purposes of this Agreement, DocuSign Envelope ID: 374EF5FE-DEAB-48DD-B284-AFE2712C67E5 Item #10. Page 3
Meeting Date: 6/28/2022 / Packet Page #: 120

Page 2 ends

the phrase “substantial completion” means the stage in the progress of the Enhancements when the work on the Enhancements is sufficiently complete such that Grantee could, if necessary, occupy and utilize the Enhancements for their intended purpose.

3. Grantee shall be solely responsible for furnishing all supplies, equipment, installation, and labor required for the Enhancements. As applicable, Grantee shall comply with, and shall require its contractors and contractors’ subcontractors to comply with, all applicable provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and Section 6109 of the California Public Contract Code.

4. Grantee shall design and construct the Enhancements in accordance with all applicable standards, codes, and regulations.

5. Grantee shall ensure that all bus stops constructed under the Bus Stop Enhancement Program meet the applicable Accessibility Guidelines for Transportation Facilities set out as Appendices B and D to 36 CFR Part 1191 (formerly Appendix A to 49 C.F.R. Part 37).

6. Grant Amount; Reimbursement.
a. Foothill Transit agrees to reimburse Grantee for funds actually expended by Grantee for the Enhancements shown on the
approved Record Drawings in an amount not to exceed $40,000.00 (“Grant Amount”). Grantee shall not be entitled to reimbursement for any Enhancements or other work not reflected on the approved Record Drawings.
b. Grantee shall submit monthly progress reports to Foothill Transit concerning the status of the Enhancements. The Grantee’s monthly reports shall be submitted no later than the fifth (5th) business day of each month. The first report shall be due on the 5th day of the month following the month in which the work is commenced. The Grantee shall submit reports every month thereafter until substantial completion;
c. Grantee shall submit to Foothill Transit its invoice requesting reimbursement, together with a detailed itemization of costs incurred for which reimbursement is sought, within thirty (30) days of the completion of the Enhancements. Foothill Transit shall reimburse Grantee for all costs Foothill Transit determines to be reimbursable, in an amount not to exceed the Grant Amount, within sixty (60) days of receipt of Grantee’s invoice.

7. Following completion of the Enhancements, Grantee shall maintain the Enhancements in good condition, including the physical integrity and appearance of the shelter and bus stop modules, and provide repairs as needed at Grantee’s sole expense.

8. Limitation of Foothill Transit’s Liability. Neither Foothill Transit nor any of its Members, officials, officers, volunteers, agents, and staff (hereinafter referred to as “Indemnitees”) shall be liable for any loss, injury, or damage occurring by reason of any DocuSign Envelope ID: 374EF5FE-DEAB-48DD-B284-AFE2712C67E5 Item #10. Page 4
Meeting Date: 6/28/2022 / Packet Page #: 121

Page 3 ends

acts or omissions by Grantee, its officers, employees, or agents under or in connection with this Agreement.

9. Grantee’s Indemnification Obligations.
a. Pursuant to Section 895.4 of the California Government Code, Grantee agrees to indemnify and hold harmless Indemnitees from and against any and all liability or expense, including any claim of liability, and any and all losses or costs (including reasonable legal expenses and costs of expert witnesses and consultants) arising from any actions or failures to act by Grantee pursuant to or in furtherance of this Agreement.
b. Grantee further agrees to indemnify and hold harmless Indemnitees from and against any and all liability or expense, including any claim of liability, and any and all losses or costs (including reasonable legal expenses and costs of expert witnesses and consultants) that may be imposed upon Foothill Transit solely by virtue of the provisions of Section 895.2 of the California Government Code.

10. Civil Rights and Mask Requirements. The following requirements apply this Agreement:
a. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d et seq., Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101, et seq., Section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq., and Federal transit law at 49 U.S.C. § 5332, Grantee agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age or disability. In addition, Grantee agrees to comply with applicable Federal implementing regulations and other implementing requirements that the Federal Transit Administration (“FTA”) may issue.
b. Equal Employment Opportunity.
i. Race, Color, Religion, Sex, Sexual Orientation, Gender Identity, and National Origin. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Grantee
agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S.

DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor,” 41 CFR 60 et seq., (which implement Executive
Order No. 11246, “Equal Employment Opportunity,” as
amended by Executive Order No. 11375, “Amending
Executive Order 11246 Relating to Equal Employment
Opportunity,” and Executive Order 13672, “Further
Amendments to Executive Order 11478, Equal Employment
Opportunity in the Federal Government, and Executive
DocuSign Envelope ID: 374EF5FE-DEAB-48DD-B284-AFE2712C67E5 Item #10. Page 5
Meeting Date: 6/28/2022 / Packet Page #: 122

Page 4 ends

Order 11246, Equal Employment Opportunity,” 42 USC §
2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect activities undertaken in the course of the work. The Grantee agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, or age. The Grantee agrees to take
affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
ii. Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623
and Federal transit law at 49 U.S.C. § 5332, the Grantee agrees to refrain from discrimination against present and prospective employees for reason of age.
iii. Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Grantee agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity
Commission, “Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. Part 1630, pertaining to employment of
persons with disabilities.
c. Masks. The Grantee agrees to comply with the Centers for Disease Control and Prevention (“CDC”) Order of January 29, 2021, titled Requirements for Persons to Wear Masks While on Conveyances and at Transportation Hubs (“CDC Mask Order”) and any other subsequent orders that may be issued. In addition, the Grantee shall comply with all applicable internal policies and procedures, including those of Foothill Transit’s service contractors, and the requirements of the California Division of Occupational Safety and Health (Cal/OSHA) related to protocols on transmittable diseases and/or viruses, or any variation, mutations, or threat thereof, including but not limited to those for the prevention of transmission of COVID-19.
d. Contractors. The Grantee agrees to include in its contracts, and require its contractors to include in their subcontracts, the provisions set forth in subsections (a) – (c) above, modified only as necessary to identify the relevant parties. The Grantee further agrees that it shall require its contractors and contractors’ DocuSign Envelope ID: 374EF5FE-DEAB-48DD-B284-AFE2712C67E5 Item #10. Page 6
Meeting Date: 6/28/2022 / Packet Page #: 123

Page 5 ends

subcontractors to comply with the provisions set forth in subsections (a) – (c).

11. Audit and Inspection of Records.
a. Grantee shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement in accordance with generally accepted accounting practices. All such records shall be clearly identifiable. Grantee agrees that Foothill Transit or any of its duly authorized representatives, shall, for the purpose of audit and examination, be permitted to inspect all work, materials, payrolls, and other data and records, and to audit and copy the books, records, and accounts relating to the performance of the Agreement. Further, Grantee agrees to maintain all required records for at least three (3) years after Foothill Transit has made final payment and all other pending matters are closed. b. Appropriate financial adjustments may be made by Foothill Transit based upon any inconsistency, irregularity, discrepancy, or unsubstantiated billing revealed as a result of an audit. Financial adjustments reflecting an overcharge to Foothill Transit may be charged against Grantee.

12. Representatives and Notices. Any correspondence, communication, contact concerning, or notice required by this Agreement shall be directed to the following:

Grantee: City of Glendora
Attn: Steven Mateer
116 East Foothill Boulevard
Glendora, CA 91741
Email: [email protected]
Foothill Transit: Foothill Transit
Attn: Planning Dept
100 South Vincent Avenue
Suite 200
West Covina, CA 91790
Email: [email protected]
Any notices required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand (including overnight courier service) or email during the receiving Party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses set forth above, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this Section. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

13. Interpretation, Jurisdiction, and Venue. This Agreement shall be subject to, governed by, and construed and interpreted solely according to the laws of the State of California. Grantee hereby consents and submits to the jurisdiction of the appropriate courts of California or of the United States having jurisdiction in California for adjudication of any suit or cause of action arising under or in connection with the Agreement, or the DocuSign Envelope ID: 374EF5FE-DEAB-48DD-B284-AFE2712C67E5 Item #10. Page 7
Meeting Date: 6/28/2022 / Packet Page #: 124

Page 6 ends

performance of such Agreement, and agrees that any such suit or cause of action may be brought in any such court.

14. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

15. No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

16. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties that expressly refers to this Agreement.

17. Counterparts; Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original but all of which shall constitute the same document. A signed copy of this Agreement delivered by email (including .pdf format), or other means of electronic transmission shall be deemed to have the same legal force effect as delivery of an original “wet ink” signed copy of this Agreement.

18. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

19. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. Grantee shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of Foothill Transit. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

20. Waiver of Terms and Conditions. The failure of Foothill Transit or the Grantee to enforce one or more of the terms or conditions of the Agreement or to exercise any of its rights or privileges, or the waiver by Foothill Transit of any breach of such terms or conditions, shall not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same shall continue and remain in force and effect as if no waiver had occurred.

21. Construction; References; Captions. Because the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. All references to Grantee include all personnel, employees, agents, and contractors of Grantee, except as otherwise specified in this Agreement. All references to Foothill Transit include its elected officials, officers, agents, volunteers, and staff except as otherwise specified in this Agreement. The captions of the various sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

22. Invalidity; Severability. If any portion of this Agreement is declared as invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

DocuSign Envelope ID: 374EF5FE-DEAB-48DD-B284-AFE2712C67E5 Item #10. Page 8
Meeting Date: 6/28/2022 / Packet Page #: 125

Page 7 ends

23. Authority to Enter Agreement. The Grantee has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

24. Subcontractors. Grantee shall require its contractors to require their subcontractors to comply with the stated obligations contained in Sections 3 and 10 above.

25. Additional Clauses. The terms and conditions contained in Attachment A are hereby incorporated by reference as if set out in full herein. Grantee agrees to comply with these terms and include the applicable requirements in all of its subcontracts.

In witness thereof, the Parties hereto have caused this Agreement to be executed by their respective officers with all the formalities required by law. [Signature Page Follows]
DocuSign Envelope ID: 374EF5FE-DEAB-48DD-B284-AFE2712C67E5 Item #10. Page 9
Meeting Date: 6/28/2022 / Packet Page #: 126

Page 8 ends

FOOTHILL TRANSIT
By:

Doran J. Barnes
Chief Executive Officer
Dated:

GRANTEE
By:

Adam Raymond
City Manager
Dated:

Approved as to Form:

By:

Thompson Coburn LLP
Special Counsel to Foothill Transit
Approved as to Form:

By:

Name: William W. Wynder
Title: City Attorney
Attest:

By:

Name: Kathleen Sessman
Title: City Clerk
DocuSign Envelope ID: 374EF5FE-DEAB-48DD-B284-AFE2712C67E5 Item #10. Page 10
Meeting Date: 6/28/2022 / Packet Page #: 127

Page 9 ends

ATTACHMENT A

1. Buy America
The Grantee agrees to comply with 49 U.S.C. § 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. § 5323(j)(2)(C) and 49 C.F.R. § 661.11. The Grantee shall comply with the Buy America certification(s) submitted with its proposal/bid. If applicable, the Grantee also agrees to comply with 49 U.S.C. § 5323(m) and FTA’s implementing regulations at 49 C.F.R. Part 663.

2. Cargo Preference
If the Grantee or any sub-grantee will transport equipment, material, or commodities by ocean vessel, the Grantee agrees:

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately from dry bulk carriers, dry cargo liners, and tankers), involved, whenever shipping any equipment, materials, or commodities pursuant to this Contract to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

2. To furnish within 20 working days following the date of loading for shipments originating within the United States, or within 30 working days following the date of loading for shipment originating outside of the United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (A) above to Foothill Transit (through the prime contractor in case of a subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, D.C. 20590, marked with appropriate identification of the project.

3. To include these requirements in all subcontracts issued pursuant to the Contract which may involve the transport of equipment, materials, or commodities by ocean vessel.

3. Fly America

1. As used herein: “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. “United States” means the 50 States, the District of Columbia, and outlying areas. “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Ch. 411.

DocuSign Envelope ID: 374EF5FE-DEAB-48DD-B284-AFE2712C67E5 Item #10. Page 11
Meeting Date: 6/28/2022 / Packet Page #: 128

Page 10 ends

2. When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires Grantees, recipients, and others use U.S.-flag air carriers for U.S.

Government- financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.

3. If available, the Grantee, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. In the event that the Grantee selects a carrier other than a U.S.-flag air carrier for international air transportation, the Grantee shall include a statement on vouchers involving such transportation essentially as follows:

Statement of Unavailability of U.S.-Flag Air Carriers
International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR §

47.403. [State reasons].

4. The Grantee shall include the substance of this Section B, including this paragraph (4), in each subcontract or purchase under this Contract that may involve international air transportation.

4. Seismic Safety Requirements
The Grantee agrees that any new building or addition to an existing building will be designed in accordance with the standards for Seismic Safety required in Department of Transportation (DOT) Seismic Safety Regulations 49 C.F.R. Part 41 and will certify to compliance to the extent required by the regulation. The Grantee also agrees to ensure that all work performed under this Contract, including work performed by a subcontractor, is in compliance with the standards required by the Seismic Safety regulations and the certification of compliance issued on the project.

5. Prevailing Wage and Anti-Kickback

1. The Grantee shall comply with the Davis-Bacon Act, 40 U.S.C. § 3141- 3144 and 3146-3148, as supplemented by DOL regulations at 29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction.” The contract clause at 29 C.F.R. § 5.5 is incorporated in full into this Contract except all references to “contracting officer” shall be replaced with “Foothill Transit.” In accordance with the statute, the Grantee shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Grantee agrees to pay wages not less than once a week.

DocuSign Envelope ID: 374EF5FE-DEAB-48DD-B284-AFE2712C67E5 Item #10. Page 12
Meeting Date: 6/28/2022 / Packet Page #: 129

Page 11 ends

2. The Grantee shall comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. Part 3, “Contractors and Subcontractor on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.” The Grantee is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

6. Disadvantaged Business Enterprise

1. Foothill Transit has established a DBE Program pursuant to 49 C.F.R. Part

26. The requirements and procedures of Foothill Transit’s DBE Program are hereby incorporated by reference into this Contract. The Grantee, subrecipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Grantee shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the Grantee to carry out Foothill Transit’s DBE Program procedures and requirements or applicable requirements of 49 C.F.R. Part 26 shall be considered a material breach of this Contract and may be grounds for termination of this Contract, or other such remedy as Foothill Transit deems appropriate, which may include, but is not limited to withholding monthly payments, assessing sanctions, liquidated damages, and/or disqualifying the Grantee from future bidding as non-responsible. The Grantee shall ensure that compliance with Foothill Transit’s DBE Program and the requirements of 49 C.F.R. Part 26 be included in any and all subcontracts entered into which arise out of or are related to this Contract.

Foothill Transit has an annual DBE goal of 4 percent.

2. Foothill Transit encourages prime contractors and subcontractors on federally-assisted contracts to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community and to make reasonable efforts to use these institutions. A list of minorityowned financial institutions may be found at:
http://www.federalreserve.gov/releases/mob/.

3. The Grantee must take necessary and reasonable steps to ensure that DBEs have a fair opportunity to participate in this Contract. If the Grantee qualifies as a certified DBE in accordance with the requirements of 49 C.F.R. Part 26, Subpart D, or is joint venturing with a DBE certified in accordance with the cited regulations, a copy of the DBE certification(s) issued by a Unified Certification Program (UCP) in accordance with the cited regulations, and a description of the dollar value of the proposed work that it intends to perform with its own forces, together with a statement of the percentage interest in the Contract held by a joint venture DBE must be submitted. The Grantee must provide (a) written documentation of the Grantee’s commitment to use identified DBEs; and (b) written confirmation from the DBE that it is participating in the Contract. Foothill Transit will accept DBE certifications issued by a California Unified Certification Program (CUCP) certifying agency, including the following:

DocuSign Envelope ID: 374EF5FE-DEAB-48DD-B284-AFE2712C67E5 Item #10. Page 13
Meeting Date: 6/28/2022 / Packet Page #: 130

Page 12 ends

CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)
Office of Business & Economic Opportunity - MS 79
1823 - 14th Street
Sacramento, CA 95814
Phone: (916) 324-1700 or (866) 810-6346
Fax: (916) 324-1862
Email: [email protected]
Website: caltrans.ca.gov

CITY OF LOS ANGELES
Office of Contract Compliance
Centralized Certification
1149 S. Broadway Street, Suite 300
Los Angeles, CA 90015
Phone:(213) 847-2684
Fax: (213) 847-2777
Website: bca.lacity.org

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION

AUTHORITY (METRO)
Diversity and Economic Opportunity Department
One Gateway Plaza
Los Angeles, CA 90012
Phone: (213) 922-2600
Fax: (213) 922-7660
Email: [email protected]
A directory of certified DBEs is available at:
http://www.dot.ca.gov/hq/bep/find_certified.htm.

4. The Grantee shall report its DBE participation obtained through raceneutral means throughout the period of performance.

5. The Grantee shall pay its subcontractor performing work related to this contract for satisfactory performance of that work no later than 30 days after the Grantee’s receipt of payment for that work from Foothill Transit.

6. The Grantee must promptly notify Foothill Transit, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good-faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Grantee may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of Foothill Transit.

7. Government-Wide Suspension and Debarment

1. The Grantee shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. Part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. Part 180. These provisions apply to each contract at any tier DocuSign Envelope ID: 374EF5FE-DEAB-48DD-B284-AFE2712C67E5 Item #10. Page 14
Meeting Date: 6/28/2022 / Packet Page #: 131

Page 13 ends

of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Grantee shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:
(a) Debarred from participation in any federally assisted award; (b) Suspended from participation in any federally assisted award; (c) Proposed for debarment from participation in any federally assisted award;
(d) Declared ineligible to participate in any federally assisted award; (e) Voluntarily excluded from participation in any federally assisted award; or
(f) Disqualified from participation in any federally assisted award.

2. The Grantee has provided Foothill Transit with a certification addressing its debarment and suspension status and that of its principals, affiliates, and subcontractors.

The Grantee shall promptly inform Foothill Transit of any change in the suspension or debarment status of the Grantee or its principals, affiliates, and subcontractors during the term of the Contract. Further, the Grantee shall include a provision requiring compliance with the requirements of 2 C.F.R. Part 180, Subpart C, as supplemented by 2 C.F.R. Part 1200 in its lower-tier covered transactions.

3. The certification provided by Grantee is a material representation of fact relied upon by Foothill Transit. If it is later determined that the Grantee knowingly rendered an erroneous certification, in addition to remedies available to Foothill Transit, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

4. Grantee agrees that it will not enter into any “covered transaction” (as defined at 2 C.F.R. §§ 180.220 and 1200.220) with any “third party participant” (as defined in Section 1 of FTA’s Master Agreement (Version 29, dated Feb. 7, 2022), as may be updated or amended) that is, or whose principal is, suspended, debarred, or otherwise excluded from participating in covered transactions except as otherwise authorized by applicable Federal laws, regulations, or requirements regarding participation with debarred or suspended Recipients or Third Party Participants. Grantee further agrees that it will review the Federal Government’s “System for Award Management — Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs,” if required by U.S. DOT regulations (2 C.F.R. Part 1200).

8. Energy Efficiency
The Grantee shall recognize the mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6321, et seq.).

9. Recycled Products
The Grantee agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. § 6962), DocuSign Envelope ID: 374EF5FE-DEAB-48DD-B284-AFE2712C67E5 Item #10. Page 15
Meeting Date: 6/28/2022 / Packet Page #: 132

Page 14 ends

including but not limited to the regulatory provisions of 40 C.F.R. Part 247, as they apply to the procurement of the items designated in Subpart B of 40 C.F.R. Part 247.

10. Safe Operations of Motor Vehicles

1. Seat Belt Use. The Grantee is encouraged to adopt and promote on-thejob seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Grantee or Foothill Transit.

2. Distracted Driving. The Grantee agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Grantee owns, leases, or rents, or a privatelyowned vehicle when on official business in connection with the work performed under this Contract or when performing any work for or on behalf of the Contract. The Grantee agrees to conduct workplace safety initiatives in a manner commensurate with its size, such as establishing new rules and programs to prohibit text messaging while driving, reevaluating the existing programs to prohibit text messaging while driving, and providing education, awareness, and other outreach to employees about the risks associated with testing while driving. The Grantee further agrees to include this clause in each subcontract awarded at each tier.

11. National Intelligent Transportation Systems Standards The Grantee agrees to conform to the National Intelligent Transportation Systems (ITS) Architecture requirements of 23 U.S.C. § 517(d), unless Foothill Transit has obtained an exemption from the requirements and provided Grantee information regarding the exemption. The Grantee further agrees to follow FTA Notice, “FTA National ITS Architecture Policy on Transit Projects,” 66 Fed. Reg. 1455, January 8, 2001, and all other applicable Federal guidance.

12. Veteran’s Preference

1. As provided in 49 U.S.C. § 5325(k), to the extent practicable, the Grantee and its subcontractors shall give a hiring preference to veterans, as defined in 5 U.S.C. § 2108, who have the skills and abilities required to perform construction work required under the Contract.

2. As provided in 49 U.S.C. § 5325(k), to the extent practicable, the Grantee and its subcontractors shall not require any lower-tier subcontractor to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, and individual with a disability, or a former employee.

13. Contract Work Hours and Safety Standards—Construction

1. The Grantee shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708), as supplemented by the DOL regulations at 29 DocuSign Envelope ID: 374EF5FE-DEAB-48DD-B284-AFE2712C67E5 Item #10. Page 16
Meeting Date: 6/28/2022 / Packet Page #: 133

Page 15 ends

C.F.R. Part 5. Under 40 U.S.C. § 3702 of the Act, the Grantee shall compute the wages of every mechanic and laborer, including watchmen and guards, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence.

2. In the event of any violation of the clause set forth herein, the Grantee and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Grantee and subcontractor shall be liable to the United States for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of this clause in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by this clause.

3. The FTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Grantee or subcontractor under any such contract or any other Federal contract with the same prime Grantee, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Grantee, such sums as may be determined to be necessary to satisfy any liabilities of such Grantee or subcontractor for unpaid wages and liquidated damages as provided in this section.

4. The Grantee or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this agreement.

14. Clean Water Requirements

1. The Grantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq. The Grantee agrees to report each violation to Foothill Transit and understands and agrees that Foothill Transit will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

2. The Grantee also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.

15. Clean Air

1. The Grantee agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401, et seq.

The Grantee agrees to report each violation to Foothill Transit and understands and DocuSign Envelope ID: 374EF5FE-DEAB-48DD-B284-AFE2712C67E5 Item #10. Page 17
Meeting Date: 6/28/2022 / Packet Page #: 134

Page 16 ends

agrees that Foothill Transit will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

2. The Grantee also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.

16. Access to Records and Reports and Access to Sites of Performance

1. Access to Records. Grantee shall permit Foothill Transit, the Federal Transit Administration, Inspectors General, the Comptroller General of the United States, or any of their authorized representatives (“Reviewer”) to have access to and copy the Grantee’s records and financial statements in order for Foothill Transit to meet its obligations under 2 C.F.R. Part 200. Such access includes timely and reasonable access to personnel for interviews and discussions related to the records. This right of access will survive the expiration or termination of the Contract and the record retention periods described below.

2. Access to Sites of Performance and Audits. Grantee shall permit a Reviewer to have access to the sites of performance of the Contract and to make site visits in accordance with 2 CFR Part 200. Grantee shall permit a Reviewer to inspect all work and material related to the award and to audit information related to the award if such information is under the control of the Grantee, including in the Grantee’s books, records, accounts, or other locations.

3. Record Retention. Grantee shall maintain complete and readily accessible records related to this Contract, including financial records, data, documents, reports, statistics, subcontracts, leases, and arrangements, and supporting materials related to those records (collectively, "Records"). Grantee shall retain these Records until all pending matters are closed or for three years from the date of final payment, whichever is longer. Copies of Records may be substituted for originals, and Grantee may use reliable electronic storage to meet this obligation. Exceptions to this three-year requirement exist as stated in 2 CFR Part 200.

4. Financial Adjustments. Appropriate financial adjustments may be made by Foothill Transit based upon any inconsistency, irregularity, discrepancy or unsubstantiated billing revealed as a result of an audit. Financial adjustments reflecting an overcharge to Foothill Transit may be charged against the Grantee's future invoices, or if there are no such future invoices, the Grantee shall promptly refund the overcharges.

5. Subcontractor Flow Down. Grantee shall include this clause in each subcontract and require subcontractors to flow down this clause to each lower-tier subcontractor.

17. Transit Asset Management
Grantee shall comply with FTA regulations, “Transit Asset Management,” 49 CFR Part 625 and “National Transit Database,” 49 CFR Part 630, and follow applicable Federal laws, regulations, guidance, and requirements on the same.

DocuSign Envelope ID: 374EF5FE-DEAB-48DD-B284-AFE2712C67E5 Item #10. Page 18
Meeting Date: 6/28/2022 / Packet Page #: 135

Page 17 ends

18. Maintenance Activities
Grantee shall comply with all FTA requirements for maintenance standards for FTAfunded assets and facilities. Grantee shall maintain a written maintenance plan at all times.

19. Motor Carrier Safety
Grantee shall comply with the safety requirements of the U.S. Federal Motor Carrier Safety Administration (U.S. FMCSA) regulations at 49 CFR Parts 390-397 to the extent applicable. Grantee shall further comply with the driver’s license requirements of U.S.

FMCSA regulations, “Commercial Driver’s License Standards, Requirements, and Penalties,” 49 CFR Part 383, and “State Compliance with Commercial Driver’s License,” 49 CFR Part 384, to the extent applicable, with the substance-abuse requirements and guidance of U.S. FMCSA’s regulations, “Controlled Substances and Alcohol Use and Testing,” 49 CFR Part 382, and implementing Federal guidance, to the extent applicable.

20. Flood Insurance

1. Grantee shall have flood insurance as required by the Flood Disaster Protection Act of 1973, 42 U.S.C. § 4012a(a), for any building located in a special flood hazard area (100-year flood zone) throughout the term of the Contract.

2. Each building covered by Subsection (1) above and such building’s contents will be covered by flood insurance in an amount at least equal to the Federal investment (less estimated land cost) or to the maximum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968, 42 U.S.C. § 4001, et seq., whichever is less.

3. Grantee shall follow FTA guidance regarding flood insurance.

21. Environmental Protections
Grantee agrees to comply with all applicable environmental and resource-use laws, regulations, and requirements, and follow applicable guidance, now in effect or that may become effective in the future, including state and local laws, ordinances, regulations, and requirements and follow applicable guidance. Applicable laws, regulations, and requirements include those listed in Section 26 of FTA’s Master Agreement (Version 29, dated Feb. 7, 2022), as may be updated or amended.

22. Employee Protections
Grantee shall comply with all Federal laws, regulations, and requirements providing protections for employees. Such protections include, but are not limited to, prevailing wage requirements, wage-and-hour requirements, anti-kickback prohibitions, safety provisions, work-hour prohibitions, Fair Labor Standards Act, U.S. Department of Labor certifications, special warranties, and special arrangements for Federal Assistance under 49 U.S.C. § 5310.

DocuSign Envelope ID: 374EF5FE-DEAB-48DD-B284-AFE2712C67E5 Item #10. Page 19
Meeting Date: 6/28/2022 / Packet Page #: 136
Quote No:

Date:

Quote Expires: 30 Days
Sales Contact:

Phone:

Email:

Project:

Item: Qty: Unit Price: Ext. Price:
1 2 $ 8,755.00 $ 17,510.00
2 2 $ 6,375.00 $ 12,750.00
$ 30,260.00
1 $ 1,200.00
$ 756.50
CA State Sales Tax 10.25% $ 3,101.65
$ 35,318.15
Pricing Notes:

Standard Terms and Conditions
These Terms and Conditions are attached to and incorporated by reference into the Proposal for products or services (“Proposal”) provided by Tolar Manufacturing Company, Inc. (“we”, “our” or “us”).

1. Drawings and Specifications: All drawings and specifications submitted to our clients or potential clients are proprietary in nature and remain our property. They may be viewed, printed and distributed, without alteration, as reference for sales or for the process of specifying products for use. Detailed shop and erection drawings are provided to allow for field installation or repair. Sealed and stamped engineering calculations and drawings from an engineer licensed in the state of installation, if required, can be made available for an additional charge.

Customers that provide their own drawing packages will retain ownership and be covered under a separate agreement.

4. Freight cost is an ESTIMATE ONLY. Freight is invoiced at actual cost, without mark up, at time of shipment, unless specified above.

Print Name:

Date:

PO No:

6. Processing fee of 3% of total charge amount is additional and charged on all credit card payments.

5. Client provides unloading at destination, including forklift and labor as necessary. 951-547-8230

2. If requested, structural engineering calculations from CA licensed engineer are provided at no additional cost.

3. Products are shipped knock down & unassembled in bulk packaging for unloading and installation by others. Hardware boxed by unit. Installation instructions are provided.
4/13/2022
Lead Time:
12 Weeks
From receipt of signed written order, and all
required approvals.

Terms: Terms subject to change. Final terms to be
determined based on credit history & bonding.

Net 30 Days From Invoice
CalACT/MBTA Procurement Fee (2.5%)
Total:

Scott Williams
QUOTE APPROVED FOR PURCHASE:

Signature:
[email protected]
Sub-Total:

CalACT/MBTA Freight Zone
Description:

Tolar Model 27201-00 - 13' Sierra Non-Advertising Transit Shelter featuring: fully welded peak roof design with Sierra aluminum roof extrusion perimeter and Spanish red metal tile roof; perforated metal screens in the rear and half end walls; steel dual end post legs with narrow footprint; internally telescoping adjustable leveling shoes; finished in super durable baked powder coat finish color as selected from TCI standard RAL color deck; installation instructions, zinc anchors, and hardware. Cal ACT shelter package also includes:

Qty 1 - Model 1578-01 - 20 Gallon Post Mount Trash Receptacle Qty 1 - Model 12104-111 - 8' Perforated Metal Bench
Qty 1 - Model USC RMS80F Solar Lighting System
Tolar/USC/Papercast - 13" E-Paper Real Time Passenger Information Display; shelter mount; shelter solar powered; customer supplied SIM card for cellular data communications.

Customer:

CalACT/MBTA FIRM Freight:

Steven Mateer
Transportation Manager
City of Glendora
410 E Dalton Ave
Glendora, CA 91741
CalACT/MBT COOP
258 Mariah Circle
Corona, CA 92879
(951) 808-0081
www.tolarmfg.com
[email protected]
21449 SW

Page 1 of 2 ends

Item #10. Page 20
Meeting Date: 6/28/2022 / Packet Page #: 137
Quote No:

Date:

Quote Expires: 30 Days
Sales Contact:

Phone:

Email:

Project:

Item: Qty: Unit Price: Ext. Price:
951-547-8230
4/13/2022
Lead Time:
12 Weeks
From receipt of signed written order, and all
required approvals.

Terms: Terms subject to change. Final terms to be
determined based on credit history & bonding.

Net 30 Days From Invoice
Scott Williams
[email protected]
Description:

Customer:

Steven Mateer
Transportation Manager
City of Glendora
410 E Dalton Ave
Glendora, CA 91741
CalACT/MBT COOP
258 Mariah Circle
Corona, CA 92879
(951) 808-0081
www.tolarmfg.com
[email protected]
21449 SW

15. Amendment: No amendments to these Terms and Conditions can be made unless submitted in writing to us and signed and accepted by our President or his designee.

11. Returns: Due to the custom nature of our products, we cannot accept returns and we cannot permit cancellations once work has commenced.

12. Manufacturer’s Warranty: Our manufacturer’s warranty is set forth in a separate document.

13. Limitation of Liability: WE ARE NOT LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY

DAMAGES OF ANY KIND ARISING FROM OR RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL, INCLUDING LOST PROFITS, LOSS OR USE, LOSS OF REVENUE OR COST OF CAPITAL. EXCEPT FOR PERSONAL INJURY OR DEATH DUE TO OUR MISCONDUCT, BUYER AGREES THAT THE TOTAL DAMAGES THAT CAN BE AWARDED IN

ANY CLAIM BY BUYER RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL (WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL PAID BY BUYER TO US UNDER THE PROPOSAL. BUYER AGREES THAT THE ABOVE LIMITATIONS ON LIABILITY PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT EVEN IF IT IS FOUND THAT BUYER’S EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. Governing Law, Jurisdiction and Venue: The Proposal shall be governed by and construed in accordance with the laws of the State of California without reference to the choice of law principles thereof. Each party irrevocably submits to the jurisdiction of the Courts of the State of California and the United States District Court for the Central District of California.

9. Delayed Shipment: If buyer delays shipment, we may invoice for products when ready for shipment and, at our option, we may charge reasonable daily storage fees.

2. Vendor Status: Tolar Manufacturing Company, Inc. is a vendor supplier of manufactured products; is not a subcontractor or contractor; and is not subject to retainage or liquidated damages for any reason.

3. Payment Terms: Payment terms for services rendered or products manufactured by us shall be determined by us based on our determination of the credit worthiness of buyer and may require a deposit at time of order. Products are invoiced as shipped.

4. Late Payment Penalty: Buyer agrees to pay a charge equal to the lesser of (i) the highest rate allowable by law or (ii) 1.5% per month (18% per annum) on the unpaid balance with respect to any late payments. In addition, buyer will pay all our costs and expenses, including actual attorney’s fees, incurred in connection with enforcing the Proposal and/or collecting any past due payments. In the event buyer fails to make any payment when due, we have the right of setoff, the right to terminate the Proposal and/or to suspend further deliveries to buyer and the right to recover damages in addition to any other remedies available to us as a matter of law. Buyer has no right to setoff.

10. International Freight: We require the services of freight forwarder for all international shipments. Buyer may select the freight forwarder, subject to our approval. All fees, taxes and additional charges, in addition to the actual freight costs, are the responsibility of buyer.

5. Cancellation: If an order is cancelled by buyer after receipt of order authorization, and cancellation fee of 10% of order value may be assessed to the buyer, in addition to an the cost of materials purchased for the order, which may be invoiced to the buyer at time of cancellation.

6. Delivery, Title and Receipt: Unless otherwise provided in the proposal, all shelters are prefabricated and shipped knock-down and in bulk format (not packaged individually) for ease of handling and fast on-site installation. Neither buyer nor consignee shall have the right to direct or re-consign the goods to any other destination without our consent. All sales of products are F.O.B. our plant. Risk of loss of the products shall transfer to buyer upon delivery of the products to the common carrier.

7. Delivery Charges: Unless otherwise provided in the Proposal, buyer shall bear all the costs of transportation, including without limitation loading, unloading, storage, and freight charge.

All delivery quotes allow for an approximate 2-hour unload window for a full truck. If this window is exceeded, additional charges may apply. All price quotes given for delivery are based on estimates obtained at the time the quote was requested. Actual freight charges may vary.

8. Delivery Dates: Any delivery date(s) or period of delivery provided for in the Proposal is approximate and does not guarantee a particular date(s) or period of delivery. Estimated lead times are provided in the quote. Under no circumstances will we be liable for delay in delivery occasioned in whole or in part, by fire, flood, explosion, casualty, riot, strike, embargo, transportation delay, breakdown, accident, act of God or the public enemy, government authority, by our inability to secure materials, fuel, supply power or shipping space or any other circumstances beyond our reasonable control.

Page 2 of 2 ends

Item #10. Page 21
Meeting Date: 6/28/2022 / Packet Page #: 138

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: JUNE 28, 2022
FROM: ADMINISTRATIVE SERVICES DISTRICT(S): CITYWIDE
SUBJECT: CITY OF GLENDORA AND GLENDORA SUCCESSOR AGENCY MONTHLY INVESTMENT ACTIVITY REPORT FOR MAY 2022

RECOMMENDATION
That the City/Agency Council:

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

EXECUTIVE SUMMARY
The City’s book value of cash and investments for May 2022 totaled $123,686,398.15. This is an increase of $2,107,004.87 (+2%) compared to the previous month. The increase is due to the City receiving property tax revenue in the amount of $4.1 million, sales tax payment in the amount of $940 thousand, and Measure E in the amount of $784 thousand which was offset by the City’s annual 2019 Pension Obligation Bond debt service payment of approximately $3.23 million.

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 May, one security matured, resulting in neither a gain or a loss. No other securities were called or matured. Investment purchases for the month of May included two securities totaling $490,000.

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
Item #11. Page 1
Meeting Date: 6/28/2022 / Packet Page #: 139
Staff Report Page 2 of 2
ATTACHMENTS:

A. May 2022 Investment Report
Item #11. Page 2
Meeting Date: 6/28/2022 / Packet Page #: 140
Item #11. Page 3
Meeting Date: 6/28/2022 / Packet Page #: 141

CHEN/GIORDANO/CRAWFORD
213-972-1457
Financial Advisor:

Los Angeles, CA 900719596Branch office:515 S. Flower StreetSuite 50 UBS Client Reviewas of May 31, 2022
Prepared forCity of GlendoraAccounts included in this review* excluded from performance exhibitsAccount Name TypeSX XX180 • City of Glendora • Business Service Account@SX XXX283* • CITY OF GL • Non UBS Investment Bank of America@SX XXX279* • CITY OF GL • Non UBS Investment LAIF What's insideAsset allocation review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Sources of portfolio value. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Bond summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Portfolio holdings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Bond holdings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Important information about this report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Page 1 of 30 ends
← All documents from this meeting